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COUNCIL
AGENDA
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September 19, 2000
1:45 p.m. Presentation by Bayfest
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
SEPTEMBER 19, 2000
2:00 P.M.
PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council after the Presentations section. Please speak
into the micrephone located at the podium and state your name and address. Your presentation will be limited to three minutes.
If you have a petition or other information pertaining to your subject, please present it to the City Secretary.
Si ud. Desea dirigiree al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en todas las juntas de/
Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact
~the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that approprfate arrangements can be made.
,~. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Minister Luis Torres Jr., Iglesia 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 Tern Melody Cooper
Council Members:
Javier D. Colmenero
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
MINUTES:
1. Approval of Workshop and Regular Meeting of September 12, 2000. (Attachment # 1 )
Agenda
Regular Council Meeting
September 19, 2000
,----.Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
Nueces County Community Action Agency
Human Relations Commission
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS
TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL
DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT 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 que su ingl~s es limitado, habr~ un int~rprete
ingl~s-espai~ol en la reunidn de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING.
H. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as
motions, resolutions, or ordinances./fdeemed 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
raconsiderafion and action on any reconsidered item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has been
,"'~'~Jmished with background and support material on each item, and/or it has been
Jiscussed 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
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Septemberl9,2000
"'~age 3
consideration in its normal sequence after the items not requirYng 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.)
Motion approving supply agreements with the following companies for
the following amounts in accordance with Coastal Bend Council of
Governments Bid Invitation No. CBCOG-00-3 for food items which
include canned and frozen fruit and vegetables, meats and
condiments for an estimated six month expenditure of $93,331.83
based on the recommended award submitted by the Coastal Bend
Council of Governments. The terms of the contracts shall be for six
months with an option to extend for up to three additional months,
subject to the approval of the Coastal Bend Council of Governments,
the suppliers, and the City Manager or his designee. Funds have
been budgeted by Senior Community Services in FY00-01.
(Attachment # 3)
Sysco Food Service
San Antonio, TX
81 Items
$38,697.38
LaBart Food Service
COrpus Christi, TX
95 Items
$27,280.27
Ben E. Keiffi
San An~nio, TX
401~ms
$12,085.30
PFG
Comus Chdsti, TX
81~ms
$3,695.37
Sam Hausman Mea~
Comus Chdsti, TX
21~ms
$3,533.30
Lance, Inc.
Chadoffe, NC
1 Item
$269.43
Alliant Food Service
Corous Christi, TX
30 Items
$7,770.78
Grand Total: $93,331.83
Motion approving supply agreements with the following companies for
the following amounts in accordance with the Coastal Bend Council
of Governments Bid Invitation No. CBCOG-00-5 for paper goods, for
an estimated twelve month expenditure of $37,737.62 based on the
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
September 19, 2000
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recommended award submitted by the Coastal Bend Council of
Governments. The term of the contracts shall be for twelve months
with an option to extend for up to twelve additional months, subject to
the approval of the Coastal Bend Council of Governments, the
suppliers and the City Manager or his designee. Funds have been
budgeted by Senior Community Services in FY00-01. (Attachment
#4)
Alliant Food Service
Corpus Christi, TX
$20,074.05
Gulf Coast Paper Co.
Corpus Christi, 'IX
$13,087.70
Ben E. Keith
San Antonio, TX
$2,702.94
Sysco Food Service
San Antonio, TX
$1,675.27
LaBa~ Food Sewice
Corpus Chdsti, TX
$197,66
Grand Total: $37,737.62
Motion approving a supply agreement with Queen City Services,
Mercedes, Texas for linen and towel service to be used by the Fire
Department, Library, and Health Department in accordance with Bid
Invitation No. BI-0174-00 based on low bid for an estimated annual
expenditure of $17,837. The service will provide the using
departments with the rental and weekly delivery of sheets, pillow
cases and towels. The term of the supply agreement will be for
twelve months with an option to extend for up to two additional twelve-
month periods subject to the approval of the supplier and the City
Manager or his designee. Funds have been budgeted by the using
departments for FY00-01. (Attachment # 5)
Motion approving the purchase of one truck mounted asphalt
distributor from Cooper Equipment Company, San Antonio, Texas in
accordance with Bid Invitation No. BI-0124-00, based on low bid for
a total amount of $117,808. The asphalt distributor will be used by
the Street Department. Funds have been budgeted by the Street
Department in FY00-01. (Attachment # 6)
Motion authorizing the City Manager or his designee to award Change
Order No, 5 to the construction contract with Mehne Construction, Inc.
for a total fee not to exceed $44,000 for parking improvements at the
Southeast Senior Citizens Center. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
September 19, 2000
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11.
12.a.
Motion authorizing the acquisition of Parcel 19 out of the Artemus
Roberrs Subdivision located west of McKinzie Road between Haven
Ddve and State Highway 44 and Parcels 24, 28, 29, and 30 out of the
Rowena Shaeffer Subdivision located between McKinzie Road and
Rand Morgan Road north of State Highway 44 from the owner D. H.
Braman, et al for $55,000 in connection with the Southside Water
Transmission Main project - O.N. Stevens Plant to Clarkwood Road
project. (Attachment # 8)
Resolution authorizing the condemnation proceedings by the City to
condemn a utility easement containing .776 acre and a temporary
construction easement containing 2.028 acres out of Shares 3 and 4
of the John Harney Partition, to construct a water transmission main
in connection with the Southside Transmission Main - Stevens Plant
to Clarkwood Road Project and for other municipal purposes.
(Attachment # 9)
Resolution authorizing the City Manager or his designee to submit an
application to Texas Parks and Wildlife for Community Outdoor
Outreach Program (Co-Op) Grant Funds in the amount of $30,000 to
increase outdoor opportunities foryouths and minorities. (Attachment
# 10)
Ordinance amending Ordinance No. 023433 passed and approved by
Council on September 8, 1998 by amending Section 3 to adopt the
final assessment roll and assessments to be levied against the
owners of property abutting on the following Southmoreland Addition
Street Improvements, Phase II streets: (Attachment # 11)
a) Naples Street - Blevins Street to Richards Street
b) Lewis Street - Blevins Street to Richards Street
c) Blevins Street - Ayers Street to Naples Street and
d) Richards Street - Ayers Street to Naples Street.
Motion authorizing the City Manager or his designee to accept a
library technology grant in the amount of $161,800 and to execute
grant acceptance documents with the Telecommunications
Infrastructure Fund Board for the period of October 2, 2000 to
December 31, 2001. The funds will be used to purchase personal
computers and related equipment and services at all branches of the
Corpus Christi Public Libraries. (Attachment # 12)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
September19,2000
-"'-Page 6
12.b.
12.c.
12.d.
13.b.
13.c.
13.d.
13.e.
Ordinance appropriating $161,800 from the Telecommunications
Infrastructure Fund Board in the No. 1050 Federal/State Grants Fund
for Telecommunications Infrastructure Improvements at the Corpus
Chdsti Public Libraries. (Attachment # 12)
Motion authorizing the City Manager or his designee to execute a Gift
Agreement with the Corpus Christi Public Library Foundation, Inc. in
an amount notreexceed $18,000. These funds will be used to match
$161,800 in grant funds from the Telecommunications Infrastucture
Fund Board. (Attachment # 12)
Ordinance appropriating $18,000 from the Corpus Chdsti Public
Library Foundation Inc. in the No. 1050 Federal/State Grants Fund as
matching funds for the Telecommunications Infrastructure Fund
Board LB6 grant. (Attachment # 12)
Motion authorizing the City Manager or his designee to execute a
$29,927 grant agreement with Coastal Bend Council of Governments
for a pilot program to determine the most effective manner to increase
awareness and participation in recycling. (Attachment # 13)
Ordinance appropriating $29,927 from the Coastal Bend Council of
Governments in the No. 1050 Federal/State Grants Fund for a pilot
program to determine the most effective manner to increase
awareness and participation in recycling. (Attachment # 13)
Motion authorizing the City Manager or his designee to execute a
$20,173.35 grant agreement from the Coastal Bend Council of
Governments fund for purchase of a truck for the Solid Waste
Compliance Office. (Attachment # 13)
Ordinance appropriating $20,173.35 from the Coastal Bend Council
of Governments in the No. 1050 Federal/State Grants Fund for
purchase of a truck for the Solid Waste Compliance Office.
(Attachment # 13)
Motion authorizing the City Manager or his designee to execute a
$11,000 grant agreement with the Coastal Bend Council of
Governments for purchase and distribution of three issues of a
newsletter for children within the five school districts to promote
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Septemberl9,2000
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13.f.
13.g.
.--13.h.
13.j.
14.
recycling, household hazardous waste, solid waste reduction, and
cornposting programs. (Attachment # 13)
Ordinance appropriating $11,000 from the Coastal Bend Council of
Governments in the No. 1050 Federal/State Grants Fund for purchase
and distribution of three issues of a newsletter for children within the
five school districts to promote recycling, household hazardous waste,
solid waste reduction, and composting programs. (Attachment # 13)
Motion authorizing the City Manager or his designee to execute a
$2,173.35 grant agreement with the Coastal Bend Council of
Governments for the purchase of "STOP TRASHING CORPUS
CHRISTI" caps to acknowledge clean-up volunteers. (Attachment #
13)
Ordinance appropriating $2,173.35 from the Coastal Bend Council of
Governments in the No. 1050 Federal/State Grants Fund for the
purchase of "STOP TRASHING CORPUS CHRISTI" caps to
acknowledge clean-up volunteers. (Attachment # 13)
Motion authorizing the City Manager or his designee to execute a
$14,025 grant agreement with the Coastal Bend Council of
Governments to develop and broadcast Public Service
Announcements for public awareness and participation in the
Household Hazardous Waste Management Program. (Attachment #
13)
Ordinance appropriating $14,025 from the Coastal Bend Council of
Governments in the No. 1050 Federal/State Grants Fund for public
service announcements to increase awareness and participation in
the Household Hazardous Waste Management Program.
(Attachment # 13)
Resolution authorizing the City Manager or his designee to execute
a one year Memorandum of Interim Agreement with Texas A & M
University - Corpus Chdsti to share resources and expertise and to
cooperate on submitting grant applications for library services.
(Attachment # 14)
Resolution of the City Council of the City of Corpus Christi petitioning
the Texas State Board of Insurance to approve and appoint
CITY COUNCIL
PRIORITY ISSUES
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egenda summary)
Agenda
Regular Council Meeting
September19,2000
"'Page 8
16.
17.
18.
inspectors employed by the City of Corpus Chdsti as qualified
inspectors, because of their training or experience, to perform building
inspections for the Texas State Board of Insurance. (Attachment #
15)
Ordinance amending Section 1 of Ordinance No. 024202, finally
passed on September 12, 2000, by clarifying language in Subsection
(A) of Section 33-104 of Article VI. Graffiti Control, City Code of
Ordinances, City of Corpus Christi, Chapter 33, Offenses and
Miscellaneous Provisions; providing for and effective date.
(Attachment # 16)
Second Reading Ordinance - Amending the City Code of Ordinances,
City of Corpus Christi, Chapter 12, Boats, Bays and Waterways,
Article 1, in general, Section 12-32, No Wake Zones, by adding
provisions establishing a No Wake Zone on the entire width of
Packery Channel adjoining the residential developments fronting
Packery Channel; providing for severance; providing for an effective
date. (First Reading - 9/12/00) (Attachment # 17)
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0700-03, GAJ Holdino: A change of zoning from an "R-1B"
One-family Dwelling District to a "B-1" Neighborhood Business District
on Lott Tract V, being .60 acre out of a 26.32 acre tract, located on
the northwest corner of Hayward Drive and South Staples Street.
(Attachment # 18)
Plannine Commission's and Staffs Recommendation: Denial of the
"B-1" Neighborhood Business District, and in lieu thereof, approval of
an "AB" Professional Office District.
ORDINANCE
Amending the Zoning Ordinance upon application by GAJ Holding by
changing the zoning map in reference to 0.60 acre out of a 26.32-acre
tract, Lott Tract V, from "R-1B" One-family Dwelling District to "AB"
Professional Office District; amending the Comprehensiye Plan to
account for any deviations from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
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Agenda
Regular Council Meeting
September19,2000
""Page 9
19.
20.
21.
Case No. 0800-04, Slim's Auto Sales & Slim's Pickens: A change of
zoning from an "1-2" Light Industrial District to an "1-3" Heavy Industrial
District on RA-Rose Industrial Sites, Block 3, Lot 1, located on the
southwest comer of Agnes Street and South Navigation Boulevard.
(Attachment # 19)
Planning Commission's and Staffs Recommendation: Approval of the
"1-3" District.
ORDINANCE
Amending the Zoning Ordinance upon application by Slim's Auto
Sales and Slim's Pickens by changing the zoning map in reference to
Lot 1, Block 3, RA-Rose Industrial Sites, from "1-2" Light Industrial
District to "1-3" Heavy Industrial District; amending the Comprehensive
Plan to account form any deviations from the existing Comprehensive
Plan.
Case No. 0800-05, AI Landry, Jr.: A change of zoning from an "AB"
Professional Office Distdct to a "B-4" General Business District on
Ocean View Addition, Park Block, Lots 17 and '18, located on the
northwest corner of Elizabeth and Santa Fe Streets. (Attachment
#20 )
Planning Commission's and Staffs Recommendation: Denial of the
"B-4" General Business District, and in lieu thereof, approval of a "B-
1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance upon application by AI Landry, Jr. by
changing the zoning map in reference to Lots 17 and 18, Park Block,
Ocean View, from "AB" Professional Office District to "B-l"
Neighborhood Business District; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan.
Case No. 0800-06, Taft Investment Trust: A change of zoning from an
"A-1" Apartment House District to a "B-3" Business District on South
Park Subdivision, Block 2, Lot 44, located on the northwest comer of
South Padre Island Drive and Kasper Street. (Attachment # 21)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
September19,2000
-"Page 10
Planning Commission's and Staffs Recommendation: Denial of the
"B-3" Business District, and in lieu thereof, approval of a "B-l"
Neighborhood Business District with a Special Permit for auto sales
use subject to a site plan and eight (8) conditions.
ORDINANCE
Amending the Zoning Ordinance upon application by Taft Investment
Trust by changing the zoning map in reference to Lot 44, Block 2,
South Park Subdivision, from "A-1" Apartment House District to "B-1"
Neighborhood Business District and a Special Permit for an auto
sales lot, subject to a site plan and eight (8) conditions; amending the
Comprehensive Plan to account for any deviation from the existing
Comprehensive Plan.
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
22.
Resolution urging the Texas Natural Resource Conservation
Commission to continue its support for flexible attainment region
memorandum of agreement for Nueces and San Patricio Counties
and opposing the application of portions of the "Houston-Galveston
Clean Air Rules and Plans" to Nueces and San Patricio Counties.
(Attachment # 22)
23.
Ordinance authorizing the issuance and sale of $43,925,000 City of
Corpus Christi, Texas Utility System Revenue Refunding Bonds,
Series 2000-A. (Attachment # 23)
24.a.
Motion accepting and approving a project cooperation agreement,
project description, and funding between the General Land Office and
the City of Corpus Christi for Corpus Christi Bay Beach Nourishment,
(Attachment # 24)
24,b,
Ordinance appropriating $1,300,000 from the General Land Office in
the No. 1050 Federal/State Grants Fund for the renourishment of
Corpus Chdsti Beach and construction of appropriate erosion control
structures. (Attachment # 24)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
September 19, 2000
""~age 11
Mm
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
* Quarterly Update by Convention and Visitors Bureau
Update on outdoor seafood market sales proposal and Marina
Development Plan
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in orderto discuss matters
listed on the agenda, when authorfzed by the provisions of the Open
Meetings Act, Chapter551 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.
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 bdef
discussions regarding city-related matters.
25. CITY MANAGER'S REPORT
26.
27.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
September 19, 2000
""~age 12
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hall, 120'1 Leopard Street, at 3:00 p.m., September 15 ,2000.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
1999 PRIORITY ISSUES: CONTINUE "AS IS"
Street Assessment
Improve Basic Services: Trash, Brush, Debris
Improve Basic Services: Street and Road Maintenance
Improve Basic Services: Animal Control
Improve Basic Services: Quality Water
Improve Basic Services: Lighting
Stormwater / Drainage
Northside Plan
Residential / Community Park Development
Capital Improvements / Bond Issue
Airport Improvements
Golf Course
Youth Crime Initiatives
Environmental Compliance
Development Center
Community-Oriented Policing
1999 PRIORITY ISSUES: CONTINUE WITH REVISIONS
Privatize Services
Explore additional opportunities
Crime Control District Initiatives
· Address budget concems and the ability to fund the program for the long-term
Bayfront Development Plan
· Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area
· Continue coordination / collaboration among entities in the area
Improve Basic Services: Park Maintenance
· Prepare / repair facilities
· Evaluate current facilities for improvement priorities
· Identify undeveloped park land for possible sale
· Consider outsourcing neighborhood park maintenance to Neighborhood Associations,
with assurances of equity
· Explore establishment of Adopt-A-Park program
Animal Control
· Ensure adequate staff and equipment
· Establish a "Cooperative Veterinarian" program
Economic Development
· Participate with local and regional economic development initiatives (not necessarily
with funding)
Bayfront Convention Center Expansion
· Modify plans or identify alternative funding sources as a result of study
NEW PRIORITY ISSUES FOR 2000
Internal Issues
Charter Revision
· Tax Cap
· Term Limits
· Utility Transfers
· Review previous Charter Commission's recommendations
Improve Working Relationships with Other Taxing Entities
· Invite to quarterly meetings
· "Tax Summit"
· Explore oppommities to share in tobacco settlement dollars
Landscaping / Improvement of Entryway from Corpus Christi International Airport
· Code enforcement
Address Long-term Budgetary Issues
· Reach agreement on a plan / philosophy
· Acquire software, ensure monthly requisitions and timely CAFR
Legislative Issues
Museum of Science and History Long~Range Plan
Tax Increment Financing District (Packery Channel)
~l~Long-range Strategic Water Planning Capacity External Issues
Metrocom
Crosstown Expressway
Spaceport
Medical Campus
Long-range (after the Bond Issue)
Downtown Development
· Median improvement / landscaping
· Plan for development of west end of downtown (First United Methodist Church to
Memorial Coliseum)
Hospitality Industry Development - Central City
CC Beach Development
Marina Development
Development of Island, Post-Packery Channel
Foreign Trade Zone Expansion
Community-wide Visioning Process
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
City Council Workshop
September 12, 2000
12:05 p.m.
PRESENT
Mayor Samuel L. Neat Jr.
Council Members:
Javier D. Colmenero
Henry Garrett
Dr. Arnold GonTales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
ABSENT
Mayor Pro Tem Melody Cooper
City 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
Mayor Neal called the workshop to order in the Basement Training Room of City Hall. City
Secretary Chapa checked the roll and verified that the necessat7 quorum of the Council and the
required charter officers were present.
City Manager Garcia said the City of Corpus Christi--and virtually every other city in the
nation--has historical landfills that exist throughout the community. He said those landfills have been
generating interest and he said there were several people at the workshop who will address the issue.
Mr. Ron Massey, Assistant City Manager for Public Works and Utilities, introduced Mr. Buddy
Stanley, Regional Director of the Texas Natural Resource Conservation Commission (TNRCC).
Utilizing a computer presentation, Mr. Stanley said that during the 73rd session of the Texas
Legislature, HB2537 was passed relating to closed and abandoned landfills. As a restfit, there was
a change in the Health and Safety Code which mandated that the Councils of Governments (COGs)
carry out a state-wide inventory of ail closed or abandoned landfills. He said the TNRCC contracted
with Southwest Texas State University (SWTSU) to conduct the inventory, which is ongoing.
Mr. Stanley said the COGs are responsible for verifying the information prepared by SWTSU
and once they are sure of the locations of the historical landfill sites, they notify the landowner and
the County Clerk, who in tum records on the deed record specific information, such as the site
history and current status. He said TNRCC also has regulations regarding closed landfills, which he
briefly explained. Responding to Council Member Betty Jean Longoria, Mr. Stanley said the
restrictions for the landfills vary.
Mr. Stanley said several different types of investigations may be conducted on closed
landfills, including tests on the groundwater, exposed waste, and leachate; test for the presence of
Minutes - City Council Workshop
September 12, 2000
Page 2
methane; and observe whether there are any slrucmres on or near the landfill. He said many times
the TNRCC will ask the landowner to conduct those tests, which the TNRCC will then review. The
data is compared and evaluated and corrective measures are taken if necessary.
Responding to Council Members Colmenero and ConTales, 1VII'. Stanley said that on
September 21-23, 2000, the TNRCC and the Environmental Protection Agency (EPA) will conduct
tests at the Greenwood and Cunningham sites. Those tests will include soil gas surveys and methane
tests to a depth of 18 inches. Mrs. Longoria asked if the TNRCC will continue to monitor those sites.
Mr. Stanley said if no problems are indicated after the tests are conducted, the agency will not remm
to those sites on a regular basis. He added that the landowner has an obligation to ensure that the
current conditions remain the same. In reply to Mayor Neai, Mr. Stanley said that prior to the passage
of the Texas Solid Waste Disposal Act in 1969, there were no regulations for closing landfills. He
also responded to additional Council questions.
Mr. Steve Pike, a toxicologist with the TNRCC, discussed risk assessment, which is a four-
step process: data collection, exposure assessment, toxicity evaluation, and risk characterization. He
said the process for data collection is to combine data from available site investigations, develop a
sampling and analysis plan, and evaluate the quality of the data.
Mr. Pike also described the process used in the exposure assessment of both residential and
commerciaUinduslrial scenarios: characterize the physical setting; identify potentially exposed
human receptors; identify potential exposure pathways; estimate exposure concentrations; and
estimate the chemical intake by a person. The toxicity assessment involves identifying the
appropriate exposure periods; determining the toxicity value based on the review of scientific
literature; and include uncertainty factors. Mr. Pike also gave examples to illustrate that toxic doses
vary across substances. He said risk characterization entails reviewing toxicity/exposure assessment
outputs and characterizing the potential for adverse health effects.
Mr. Massey then presented a slide show given by the Texas Depa~huent of Health (TDH)
during a public hearing on July 18th. The TDH presentation discussed the former Chula Vista
Landfill, which was operated from the 1940s-1952, and the Villarreal/Greenwood Landfill, which
was open from 1940-1965. Based on available information, the contents of those land fills include
household garbage, yard waste, construction materials, and probably other materials such as
batteries, motor oil, antifreeze, paint, solvents, and household chemicals.
In the presentation it was noted that the key question is: are people being exposed to
chemicals (now or in the past) from those former landfills? The word "exposure" was defined as
contact with chemicals, and the TDH presentation discussed three different exposure pathways: air
(indoors and outdoors), soil, and water (surface water, groundwater, and ddriking water). Each
potential pathway is examined for the duration of exposure and the frequency of exposure.
Mr. Kim McGulre, director of the city's Department of Environmental Services, said that
with regard to air emissions from landfills, the major concern is methane gas, which could pose an
explosive haT~rd inside buildings over a landfill. He noted that, according to the EPA, most of the
Minutes - City Council Workshop
September 12, 2000
Page 3
methane in a landfill is released within 30 years, while the decomposition rate of the landfill depends
on the amount of organic material and the amount of moisture.
Regarding potential exposure from water pathways, Mr. McGuire said the TDH noted that
Corpus Christi's drinking water comes from its reservoirs (Lake Corpus Christi and Choke Canyon
Reservoir), and there are no private or city water wells within one mile of the landfill areas
discussed. In addition, the groundwater in this area is too salty to drink and there is not enough flow
in the groundwater for a well to operate.
Mr. Steve Ashley, of the COG, discussed that agency' s efforts in identifying closed landfills
in its 12-county region. He said that inventory involves establishing the site history and current slams
(if known) of landfills; determining the location and boundary description of the landfills; identifying
the current owner(s) of the land on which the landfill units were located; and determining what the
land is currently being used for.
Mr. McGuire then discussed the city's approach in this process: build on the COG research;
continue to develop the geographic information system (GIS) record of historical dumpsites;
consolidate and share dumpsite information; comply with applicable regulations; cooperate with
ragulatory agencies; and support the TDI-IfEPA investigation. Mr. McGuire also demonstrated how
the GIS system is assisting in the investigation, including with a stormwater drainage project taking
place at Evelyn Price Park, which is a known historical dumpsite. Mr. McGuire and Mr. Massey also
responded to Council members' questions.
Mr. McGuire said the TDH/EPA investigation included the citizen meeting held July 18th,
the publication of a TDH newsletter, the health survey that was conducted, and field work by the
EPA, TNRCC, CCISD, and the city. Once the results of the September 21-23 study are evaluated,
another citizen meeting will be held before the end of the year. Mr. Stanley also responded to
specific questions about the tests that will be conducted near Garcia Elementary and Cunningham
Middle School. He noted that the studies can only address present-day conditions near those areas.
The question was raised about including Price Park in that study, and Mayor Neat said they could
have staff draft a letter regarding that issue.
There being no further business to come before the Council, Mayor Neat adjourned the
workshop at 1:25 p.m. on September 12, 2000.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
September 12, 2000
2:10 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Melody Cooper
Council Members:
Javier D. Colrnenero
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longo~a
John Longoria
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Annando Chapa
Recording Secretary Rachelle P. Ram6n
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Council Member Scott, following which the Pledge of
Allegiance to the United States flag was led by Council Member Cooper.
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 regular Council meeting of August 29, 2000. A motion was made und passed
to approve the minutes as presented.
Mayor Neat referred to the board and committee appoinanents on the day' s agenda, and the
following appointments were made:
Community Youth Development
Steering Committee
Dick Leonard (Reappointed)
Rosado Cardzo (Reappointed)
Jackie Martin (Reappointed)
Verla Gene Vadno
Sharon Williams
Food Service Advisory Committee
Carlos Moreno (Reappointed)
Robert Ard
Suzanne G. Gilljam
Landmark Commission
Thomas Kreneck
Senior Companion Program Advisory Committee
Roland Medrano
Russell Brent Stowers
Minutes - Regular Council Meeting
September 12, 2000
Page 2
Mayor Neal called for petitions from the audience.
Mr. Wolfgang Buschang, 341 Canterbury, said he is the General Manager for Noble Food
Service and his company will again be bidding on the concession contract for Memorial Coliseum
and the Bayfront Plaza Convention Center. He said when that contract was discussed during the
August 291h Council meeting, the issue was raised about a Girl Scout troop attempting to sell their
cookies at Memorial Coliseum. Mr. Buschang explained that Noble Food Service's contract with
the city requires them to collect a fee in city facilities for any food sales. He said the only way they
can override that provision is if they are directed to do so by the Director of Convention Facilities
or his designee. He said it is not that they have anything against the Girl Scouts.
Mr. Ted Stephens, 513 Dolphin, said he was lending support from the air conditioning
community in response to the Texas Natural Resource Conservation Commission's attempt to
regulate their industry with rules on air conditioners sold in this area after 2002. He said them will
be a public hearing about that issue on September 251h at Texas A&M University-Corpus Christi.
Council Member Gonzales asked when the Air Quality Committee would be making a presentation
to the Council. City Manager Garcia said they can schedule that for next week's meeting.
Mr. Juan Hinojosa, office manager of the local Census 2000 office, said that after 22 months
of ongoing census operations, the local office will close on September 15th. He thanked several
people for their efforts, including the Mayor' s Office, City Secretary' s Office, Council Member Betty
Jean Longoria (co-chair of the Complete Count Committee), Willie Pulido, Connie Hahn, Michel
Gunning, and members of the Complete Count Committee for both the city and the county. Council
Member Scott pointed out that his wife, Carol, was also co-chair of that committee. Responding to
Mrs. Longoria, Mr. Hinojosa said the results of the census will be released to President Clinton in
December, and he will not release them to the public until March 2001.
Mrs. Marie Wood, representing Operation Phoenix, distributed information about their group.
She said it is an independent grassroots association of Corpus Christi-area citizens and maritime and
Spanish heritage enthusiasts who wish to help raise money for the restoration and maintenance of
the Columbus ships. She said their goal is to raise $500,000 to return the ships to their former sailing
status. She also invited the public to a birthday celebration for the ships on September 241h at 5 p.m.
Ms. Janet Rice, 118 Southem St., said that in 1993 when the Columbus Quincentenary Ships
came to Corpus Christi to be homeported here, they were displayed in the water and over 200,000
people visited them. She discussed the importance ofcnltural activities such as the Columbus ships,
which she said can be a great economic benefit to the city.
Mr. Jack Gordy, 310 Norton St., said the city's ordinances do not say which department is
respousible for enforcing those ordinances. He said the ordinance prohibiting drinking alcohol in city
parks is still not being enforced. He added that the eity's highway beautification ordinance has not
been updated to comply with state law.
Mr. J.E. O'Brien, 4130 Pompano, said that in 1989 the City Council adopted a master plan
Minutes - Regular Council Meeting
September 12, 2000
Page 3
for Padre Island which included Packery Channel. A few months later a petition was mined in and
verified, and the Council subsequently rescinded that ordinance. He suggested that the Council
consider adopting a master plan for Padre Island due to the potential development in that area.
Mr. Leon Perez, 904 Buford, referred to an opinion piece written by Mayor Neat which
appeared in the September 10, 2000 issue of the Corpus Christi Caller-Times entitled "A Message
for the 'Loyal Opposition."' Mr. Perez questioned what the "loyal opposition" means. He also said
people have been questioning the types of jobs that will be created tiom projected development
around Packcry Channel.
Mr. R.F. Hasker, 1813 Wallace, said citizens will be hit with a $1.50 fee for their car
registrations to help pay for the school crossing guards. He said that is another in a long line of
questionable deals placed on the backs of citizens.
Ms. Mary Beth Nelson said she is Vice-Chair of the state board of Common Cause. She cited
the many community organizations she has volunteered with and she said she greatly resents being
referred to as a member of the "loyal opposition." She said when citizens address the Council, they
are not guests in the Council's house; rather, the Council members are guests in the citizens' house.
Mayor Neat referred to the presentation on the day's agenda, an update on the automated
garbage collection pilot program and the brush collection program. Mr. Lawrence Mikolajczyk,
Acting Director of Solid Waste Services, used a computer presentation to explain that last year the
Council approved additional monies to hire crews and to purchase tracks and brush loading
equipment, which allowed the city to enhance its brush collection efforts.
Mr. Mikolajczyk said that for FY00-01, revenues are budgeted at $11.49 million and
expenses are budgeted at $9.64 million, which leaves a balance of approximately $1.85 million.
However, Mr. Mikolajczyk pointed out that if the city paid the cost to dispose of the 100,399 tons
of debris at the landfill, it would result in a net loss of $608,423.
With regard to the automated pilot program, Mr. Mikolajczyk said the program was approved
by the Council in December 1999 and it was operated February through June 2000. He said they are
continuing with the twice-a-week pickup inside the pilot areas. He said a customer survey in the pilot
areas indicated that 95% of the respondents would be in favor of continuing with the automated
garbage collection system. Mr. Mikolajczyk said if the Council approves the continuation of the
program, the first phase (with one-third of the customers) would be implemented on February 1,
2001, followed by the other two phases on February I of the two subsequent years.
Mr. Mikolajczyk then discussed the logistics and financial implications of three scenarios
prepared by staff: scenario #1 - twice-a-week automated garbage pickup with twice-a-month
recycling; scenario #2 - once-a-week automated garbage pickup and once-a-week recycling; scenario
#3 - once-a-week automated garbage pickup and twice-a-month recycling.
7
Minutes - Regular Council Meeting
September 12, 2000
Page 4
Council Member Gonzales said the Council just raised the solid waste fees in order to
maintain twice-a-week garbage collection, and now staff is recommending changing that to once-a-
week collections. Mr. Mikolajczyk further explained the specifics of the second and third scenarios.
He noted that the once-a-week garbage and once-a-week recycling collections will save $485,125
over a five-year period, adding that automation promotes efficiency and overall city cleanliness.
Mr. Garcia explained that based on the investment the city will need to make to implement
the automated program (for containers, tracks, etc.), a rate increase will be required in about three
years if the current schedule is maintained (scenario # 1 ). However, scenario #2 would involve having
the residents recycle more, which would not require a rate increase during the life of the project and
would result in a savings. He said staff is not recommending scenario #3.
Responding to Mayor Neat, Mr. Mikolajczyk verified that under scenario #1, by FY02-03
there would be a loss of approximately $401,330. Mr. Garcia said staff is also recommending that
the Solid Waste Department be set up as an enterprise fund that bears its full cost of operations,
including charging a tipping fee for dumping at the landfill. Mr. Ron Massey, Assistant City
Manager for Public Works and Utilities, said any money saved through automating collections is
then available to help pay the tipping fee at the landfill, which moves the department closer to
becoming an enterprise fund.
Council Member Kinnison said the tipping fee is really an arbitrary number because staff has
not determined the cost at the landfill. He said if staff is recommending creating an enterprise fund,
they need to know the actual costs at the landfill. Mr. Garcia reiterated that staff is recommending
scenario #2, which he said is an enhanced program that keeps the fees the same.
Council Member Scott said he had asked staff to create a financial scenario based on the
residential waste collection as its own enterprise fund. He said with that information, they can
communicate to the public that if the fund operated on its own (without being subsidized by the
landfill revenues), the city would have to charge even more for garbage collection. Mr. Garcia said
they are really only looking at half of the picture and he said staff should go back and prepare a more
comprehensive presentation. He said if the Council is interested in what the impact on the ratepayer
will be, they need to look at the impact of the enhanced collection program as well as the situation
at the landfill. Mr. Scott suggested they implement scenario #2 as its own pilot program in a
specified area of the city and then gauge the results.
Dr. Gonzales reiterated that he is concerned that they are considering going to once-a-week
garbage collection when they just increased the fees. He also asked that in the future the Council
receive staffs information prior to the meeting so they can peruse it. Council Member Betty Jean
Longoria said the day is coming when the city will have once-a-week garbage and once-a-week
recycling collections.
Council Member Colmenero agreed that the Council needs to look at the financial
information of all solid waste services activities. Council Member Cooper said she was heartened
that the survey results were positive but she was concerned about the small number of people
Minutes - Regular Council Meeting
September 12, 2000
Page 5
surveyed. She suggested that staff attempt to survey a larger number of those in the pilot program.
Responding to Council Member Garrett, Mr. Massey said that last month staff began implementing
the amendments to the solid waste services ordinance.
Mayor Neat suggested that staff prepare the fmanciai scenarios as previously discussed,
taking into account all of the costs involved, similar to the way the raw water costs were calculated.
He said that way the Council can make a logical policy decision about whether or not they want to
implement the automated program. Mr. Kinnison said he would also like to know what other cities
are charging their residential customers.
Mayor Neal opened discussion on Item 24, issuance of certificates of obligation (CO's).
Mr. Jorge Cruz-Aedo, Director of Financial Services, said the total size of this issuance is
$13.87 million, which includes the project cost of $13.6 million and $270,000 for the cost of
issuance, discounts and premiums. He said the ratings were as follows: Fitch IBCA, AA-; Moody's
Investor Services, A3; and Standard & Poor's, A+. He said the CO's were priced on September 1 lth
and the total interest cost is 5.28%; the average life is 12.1 years; total life of the issue is 19.6 years;
the average coupon is 5.25%; and the average price is 99.41.
Mr. Cruz-Aedo then described the use of the proceeds: proposed new landfill purchase option
and closing cost, $5.3 million; J.C. Elliott Landfill final cover, $3.5 million; repayment of advanced
funding, $2.19 million; 1986 street projects (Alameda pavement rehabilitation, Santa Fe pavement
overlay and Weber Road), $1.7 million; and other street projects (Comett, Kostoryz, Leopard Phases
1, 2 and 3, McArdle Phase 2, and Spur 3-Phase 2 and Nile), $910,000, for the total of $13.6 million.
Responding to Mayor Neal, Mr. Cruz-Aedo said all of these issuances are certificates of
obligation. Mr. Jeff Leuschel, of McCail, Parkhurst & Horton, the city's bond counsel, stated that
certificates of obligation are obligations that can be issued by the city for public works projects. They
can be secured by ad valorem taxes and a revenue source available to the city that can be lawfully
pledged. In this case, the solid waste revenues are available. Mr. Leuschel added that the city has
made an internal determination to fund the debt service for the solid waste projects with solid waste
revenues, and the street projects will be internally accounted for with ad valorera taxes.
Mayor Neat called for comments from the audience, and there were none. City Secretary
Chapa polled the Council for their votes as follows:
24.a. ORDINANCE NO. 024211
Ordinance by the City Council of the City of Corpus Christi, Texas providing for the
issuance of $13,990,000' City of Corpus Christi, Texas Combination Tax and Revenue
Certificates of Obligation, Series 2000, and ordaining other matters relating to the subject.
(*See note below.)
9
Minutes - Regular Council Meeting
September 12, 2000
Page 6
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
24.b. ORDINANCE NO. 024212
Ordinance appropriating $13,990,000 * from the proceeds of the sale of Combination Tax and
Revenue Certificates of Obligation, Series 2000 in the No. 3411 Sanitary Landfill 2000 CIP
Fund to purchase property for a new landfill, pay for final cover cost, repay advances from
the Utility System funds, and perform certain street improvements approved in the Capital
Improvement Plan.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
(*Note: Mr. ~lorge Cruz-Aedo, Director of Financial Services, stated that the actual amount
of the certificates of obligation to be issued is $13, 870, 000 after the final calculations.)
Mayor Neat called for consideration of the consent agenda (Items 3-17). Council members
requested that Item 13 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. M2000-312
Motion approving a supply agreement with All Safety & Supply, Inc., Corpus Christi, Texas
for approximately 985 pairs of hip and knee boots in accordance with Bid Invitation No. BI-
0143-00 based on total low bid for an estimated annual expenditure of $17,093.50. The term
of the supply agreement will be for twelve months with an option to extend for up to two
additional twelve-month periods subject to the approval of the supplier and the City Manager
or his designee. The boots will be purchased into Warehouse Inventory and issued to various
deparUnents. Funds have been budgeted in FY00-01.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
4. M2000-313
Motion authorizing the City Manager or his designee to execute a construction contract in
the amotmt of $17,496 with Malek, Inc. of Corpus Christi, Texas for the Memorial Coliseum
Pressurization Project.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
l0
Minutes - Regular Council Meeting
September 12, 2000
Page 7
5. M2000-314
Motion authorizing the acquisition of Parcels 20W and 21W located on the west side of
Omaha Drive between Leopard Street and the IH-37 frontage road from Guesco, Inc. for
$32,893 in connection with the Omaha Drive Improvements project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
ORDINANCE NO. 024195
Ordinance abandoning and vacating a 1,750-square foot portion of a 5-foot wide utility
easement out of Lot 2, Block I, Sandalwood Subdivision; and requiring CWS Communities,
L.P., the owners of said property, to comply with the specified conditions and replat the
property within 180 days at owner's expense.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
ORDINANCE NO. 024196
Ordinance authorizing the City Manager or his designee to execute an Interim Use Privilege
Agreement with Grande River Communications, Inc. (GRCI), to install, operate, use, repair,
and maintain 13.5 miles of underground fiber optic facility within the following public street
rights-of-way (ROW) of the City of Corpus Christi from the Wilson p!aTa located at 606 N.
Carancahua Street to the intersection of the Sharpsburg Road ROW and the Texas
Depamnent of Transportation (TXDOT) I.H. 37 ROW, specifically the facility will run from
Wilson Plaza north on the Carancahua Street ROW to Antelope Street, then west on the
Antelope Street ROW to Waco Street where the cable will enter the TXDOT I.H. 37 South
Access Road ROW, the cable will exit the I.H. 37 State ROW at the Nueces Bay Boulevard
ROW and turn south to the Leopard Street ROW, at Leopard Street the cable will be placed
in an existing Southwestern Bell Telephone Duct System where it will run west to the
Sharpsburg Road ROW, then at Sharpsburg Road the cable will run north within the ROW,
until it again enters the I.H. 37 State ROW, in consideration of payment of $71,530.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Carfelt, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
M2000-315
Motion authorizing the City Manager to accept an Interlocal Agreement by and between the
City of Corpus Chiisti, Texas and the County of Kleberg, the County of San Patricio, and the
Minutes - Regular Council Meeting
September 12, 2000
Page 8
County of Nueces to share operating and maintenance costs of an integrated alert notification
and information system.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
9.a. M2000-316
Motion authorizing the City Manager or his designee to execute Attachment No. 05 to
Contract No. 7460005741-2001 with the Texas Department of Health in the amount of
$592,326 and providing for the Bureau of Clinical and Nutrition Services to fund group
nutrition education, individual counseling, immunization services, and to distribute food
vouchers at no cost to individuals identified as having nutritional deficiencies and/or
nutritional risk during the period October 1, 2000 through September 30, 2001.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
9.b. ORDINANCE NO. 024197
10.
Ordinance appropriating a grant from the Texas Department of Health in the amount of
$592,326 in the No. 1050 Federal/State Grants Fund to fund nutrition education, individual
counseling, immunization services, and to distribute food vouchers at no cost to individuals
identified as having nutritional deficiencies and/or nutritional risk.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, Gonzales, Kimaison, B. Longoria, J. Longoria, and Scott voting
"Aye."
M2000-317
Motion authorizing the City Manager or his designee to execute an annual joint funding
agreement with the United States Geological Survey CUSGS), U.S. Department of the
Interior, for the continuation of surface water data collection and limited studies by the
USGS for the City's water supply activity; and providing for the City to pay the USGS the
amount $134,995, out of a total project cost of $175,690 during the federal fiscal year
October 1, 2000 through September 30, 2001.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
ll.a. M2000-318
Motion authorizing the City Manager or his designee to accept a renewal Weed & Seed grant
12
Minutes - Regular Council Meeting
September 12, 2000
Page 9
in the mount of $350,000 for the continued support of the Weed & Seed Program from the
U.S. Department of Justice (DO J).
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
11.b. ORDINANCENO. 024198
Ordinance appropriating $350,000 from the United States Depa~hnent of Justice for the
continued support of the Weed and Seed Program in the No. 1050 Federal/State Grants Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, GoBTaleS, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
12.a. M2000-319
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$47,048 from the State of Texas, Office of the Governor, Criminal Justice Division for third
year funding of the Gang Analysis Unit of the Police Deparhnent and to execute all related
documents.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
12.b. ORDINANCE NO. 024199
14.
Ordinance appropriating $47,048 in the No. 1050 Federal/State Grants Fund from the State
of Texas, Office of the Governor, Criminal Justice Division for third year funding of the
Gang Analysis Unit of the Police Department; transferring $19,702 from the No. 1020
General Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching
funds.
An emergency was declared and the foregoing ordinance passed: Neat, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
M2000-321
Motion approving the application from Bayfest, Inc. to temporarily close the following street
sections for the Bayfest 2000 Festival, September 29 - October 1, 2000.
a) Northbound Shoreline Boulevard (inside lane only), between westbound Interstate
37 and Hughes Street, from 9:00 a.m., Wednesday, September 20 through 8:00 a.m.
Friday, September 29 and from 6:00 a.m., Monday, October 2 through 5:00 p.m.,
Wednesday, October 4, 2000.
13
Minutes - Regular Council Meeting
September 12, 2000
Page 10
b)
c)
d)
e)
Southbound Shoreline Boulevard (full closure ), between westbound Interstate 37 and
Hughes Street, from 9:00 a.m., Wednesday, September 20 through 5:00 p.m.,
Wednesday, October 4, 2000.
Northbound Shoreline Boulevard, (full closure), between westbound Interstate 37 and
Hughes Street, from 8:00 a.m. Friday, September 29 through 6:00 a.m. Monday,
October 2, 2000.
North Water Street (full closure), between Fitzgerald Street and Hughes Street from
8:00 a.m. Friday, September 29 through 6:00 a.m., Monday, October 2, 2000.
Power Street, Resaca Street, Palo Alto Street, Fitzgerald Street, and Hughes Street
(full closures), each between Water Street and N. Shoreline Boulevard, from 8:00
a.m., Friday, September 29 through 6:00 a.m., Monday, October 2, 2000.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
15. M2000-322
Motion authorizing the City Manager to execute an agreement with DMG-Maximus to
provide executive search services to fill the position of Director of Management and Budget.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
16.a. ORDINANCE NO. 024201
Ordinance authorizing the City Manager or his designee to execute five rent-a-car concession
lease agreements with Pagan-Lewis Motors dba Budget Rent-A-Car of Corptts Christi, Inc.;
Coastal Bend Rent-A-Car, Inc. dba Avis Rent-A-Car; Mar Jean Texas, Inc. dba Hertz Car
Rental; National Car Rental of Corpus Christi, Inc.; and Southwest - Tex Leasing Co., Inc.
dba Advantage Rent-A-Car for operation of a rent-a-car concession at Corpus Christi
International Airport in consideration of payment of the greater of a guaranteed minimum
concession fee or ten percent of the concessionaire's gross monthly revenues with a term of
up to twelve months.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Colmenero, Cooper, Carfelt, GonT~|es, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
16.b. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute five rent-a-car concession lease
agreements with Pagan-Lewis Motors dba Budget Rent-A-Car of Corpus Christi, Inc.;
Coastal Bend Rent-A-Car, Inc. dba Avis Rent-A-Car; Mar Jean Texas, Inc. dba Hertz Car
Rental; National Car Rental of Corpus Christi, Inc.; and Southwest - Tex Leasing Co., Inc.
14
Minutes - Regular Council Meeting
September 12, 2000
Page 11
dba Advantage Rent-A-Car for operation of a rent-a-car concession at Corpus Christi
International Airport in consideration of payment of the greater of a guaranteed minimum
concession fee or ten percent of the concessionaire's gross monthly revenues for a term of
18 months with a month to month holdover period thereafter terminating on the date of final
completion of the new airport terminal facility.
The foregoing ordinance passed on first reading by the following vote: Neat, Colraenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
17. ORDINANCE NO. 024202
Amending the City Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and
Miscellaneous Provisions, Article VI. Graffiti Control, by holding property owners
responsible for the removal of graffiti from their property; providing for criminal prosecution
for failure to remove graffiti from their property; allowing the City, after reasonable notice,
to remove the graffiti if the property owner falls to do so; providing for an effective date.
The foregoing ordinance passed on second reading by the following vote: Neat, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott vofmg "Aye."
Mayor Neat opened discussion on Item 13, grant for a computer forensics specialist. Council
Member Garrett asked about the period of time for the grant. Ms. Pat Eldridge of the Corpus Christi
Police Department replied that the grant is awarded to the city for five years with the assumption that
the city will continue the program at the end of the fifth year; however, that is not a requirement. City
Secretary Chapa polled the Council for their votes as follows:
13.a. M2000-320
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$53,194 from the State of Texas, Office of the Governor, Criminal Justice Division for
funding available to hire a computer forensics specialist and to execute all related documents.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
13 .b. ORDINANCE NO.
Ordinance appropriating $53,194 in the No. 1050 Federal/State Grants Ftmd from the State
of Texas, Office of the Governor, Criminal Justice Division for funding available to hire a
computer forensics specialist; transferring $5,075 from the No. 6010 Law Enforcement Trust
Fund and appropriating it in the No. 1050 Federal/State Grants Fund as matching funds.
15
Minutes - Regular Council Meeting
September 12, 2000
Page 12
An emergency was declared and the foregoing ordinance passed by the following vote: Neai,
Colmenero, Cooper, Garrett, Go~Tales, Kinulson, B. Longoria, J. Longoria, and Scott voting
"Aye."
Mayor Neal referred to Item 18, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
18.
Case No. 0800-01. Impression Homes. Inc.: A change of zoning from an "F-R" Farm-Rural
District to an "R-1B" One-family Dwelling District on Flour Bluff and Encinal Farm and
Garden Tracts, Section 19, being 4.773 acres out of Lot 12, located on the north side of
Wouldridge Road, approximately 275 feet west of Windsong Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"R-1B" District. No one appeared in opposition to the zoning change. Mr. Colmenero made a motion
to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for
their votes as follows:
ORDINANCE NO. 024203
Amending the Zoning Ordinance upon application by Impressions Homes, Inc., by changing
the zoning map in reference to 4.773 acres out of Lot 12, Section 19, Flour Bluff and Encinal
Farm and Garden Tracts, from "F-R" Fan-n-Rural District to "R-1B" One-family Dwelling
Distxict; amending the Comprehensive Plan to account for any deviations ~:om the existing
Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neat,
Colmenero, Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye";
Kinnison absent.
Mayor Neal referred to Item 19, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
19.
Case No. 0800-02. Victor C. & Lana Huff: A change of zoning from a "B-4" General
Business District to an "I-2" Light Induslxial District on Saratoga Subdivision, Block A,
located on the northeast comer of Saratoga Boulevard and Greenwood Drive.
City Secretary Chapa said the Plarming Commission and staff recommended approval of the
"I-2" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close
the public hearing, seconded by Ms. Cooper, and passed. Mr. Longoria asked if a topless bar could
be located on that property. Mr. Michel Gunning, Director of Planning and Development, said
Minutes - Regular Council Meeting
September 12, 2000
Page 13
sexually oriented businesses are required to have "I-3" zoning. Mr. Chapa polled the Council for
their votes as follows:
19. ORDINANCE NO. 024204
Amending the Zoning Ordinance upon application by Victor C. and Lana Huff, by changing
the zoning map in reference to Block A, Saratoga Subdivision, from "B-4" General Business
District to "I-2" Light Industrial 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, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
Mayor Neal referred to Item 20, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
20.
Case No. 0800-03, John Barrera: A change of zoning from an "A-I" Apartment House
DisUict to an "R-1C" One-family Dwelling District on 7.778 acres out of Lot 5, Section 11,
Bohemian Colony Lands and the north 411 feet of Lot 25, Block 1, Penn Place, located on
the east side of Weber Road, approximately 220 feet north of Aaron Drive.
City Secretary Chapa said the Planning Commission and staff recommended approval of the
"R-1C" District. No one appeared in opposition to the zoning change. Mr. Scott made a motion to
close the public hearing, seconded by Mrs. Longoria, and passed. Mr. Chapa polled the Council for
their votes as follows:
ORDINANCE NO. 024205
Amending the Zoning Ordinance upon application by John Barrera by changing the zoning
map in reference to 7.778 acres out of Lot 5, Section 11, Bohemian Colony Lands, fi:om "A-
1" Apartment House District 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: Neal,
Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting
"Aye."
Mayor Neal called for a brief recess.
17
Minutes - Regular Council Meeting
September 12, 2000
Page 14
Mayor Neal opened discussion on Item 2 I, "No Wake Zone" in Packcry Channel. He called
for public comment.
Dr. David Foster said he and his family live on Packcry Channel and they are concemed
about watercraft speeding in that waterway. He asked the Council to support this proposal.
Council Member Garrett said that while he supports making that a "no wake" area, the
residents them need to be aware that this ordinance will be difficult to enforce. Council Member
Gonzales said he thought the state would be responsible for enforcing a "no wake" zone. Mr. Tony
Cisneros, Director of Park and Recreation, said the Texas Parks and Wildlife personnel will enforce
the ordinance based on their observations and the signage being in place. However, they cannot be
everywhere at the same time. City Secretary Chapa polled the Council for their votes as follows:
21. FIRST READING ORDINANCE
Amending the City Code of Ordinances, City of Corpus Christi, Chapter 12, Boats, Bays and
Waterways, Article 1, in general, Section 12-32, No Wake Zones, by adding provisions
establishing a No Wake Zone on the entire width of Packcry Channel adjoining the
residential developments fironting Packcry Channel; providing for severance; providing for
an effective date.
The foregoing ordinance passed on first reading by the following vote: Neat, Colmenero,
Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 22, amending the ordinance which ordered a special
election to be held on November 7, 2000.
Deputy City Manager Noe said two technical changes need to be made in the election
ordinance in two parts of the ballot language. He said the ordinance cttrrently reads "one-eight" and
it should read "one-eighth."
In addition, Mr. Noe said that during their August 291h meeting, the Council discussed the
formation of the 4A corporation board of directors. He said there was a request to consider and
develop some alternatives for the geographic boundaries that relate to the expenditure of the 4A
1/Sth-cent increment for economic development. Those five altematives were included in the City
Manager's transmittal dated September 8, 2000.
Regarding the geographic boundaries, Mr. Noe pointed out that there are portions of the
Corpus Christi city limits or the city's extraterritorial jurisdiction (ETJ') that extend into both San
Patricio and Kleberg counties. He said the city's current industrial districts are located outside the
city limits, but no industrial district could be created outside the city's ETJ.
18
Minutes - Regular Council Meeting
September 12, 2000
Page 15
Mr. Noe discussed the five alternatives as follows: Altemative 1 - City of Corpus Christi and
industrial districts; Alternative 2 - Nueces County; Alternative 3 - Corpus Christi Metropolitan
Statistical Area (MSA), which includes Nueces and San Patricio counties; Alternative 4 - Nueces,
Kleberg, and San Patricio counties; and Alternative 5 - Corpus Christi area. He said there is a sixth
option which staff did not delineate but which is implied in Alternative 1, which is Corpus Christi
and its extraterritorial jurisdiction. He explained that it is possible to be located in the city' s ETJ but
not in an industrial district, which is actually the same geographic area. He responded to Council
members' questions about the differences between Alternatives 1 and 6.
Council Member Gonzales said that on September 7th, he met with Mr. Noe, City Manager
Garcia, and City Attorney Bray in order to receive clarification on the limits of their efforts for
Corpus Christi. He said Mr. Bray indicated that the election ordinance stated that monies would be
spent inside the Corpus Christi city limits. Dr. Gonzales questioned why there was an item on the
September 12th agenda to amend the election ordinance when the Council had already approved it
on August 291h. He said throughout the many hearings the Council has had on this issue, they had
never discussed the idea of the economic development tax proceeds going outside the city limits. Dr.
Gonzales said he supports regional economic development but he thought the purpose of that sales
tax was to build the infrastructure and tax base inside the city limits. He said if they are going to
change the ordinance, they should be very specific about the geographic limits.
Council Member Kinnison said that while these proposals were being introduced at a late
date, he would rather they be discussed now than after the deadline for fmalizing the election
ordinance. He said he believed that including the city's ETJ in the geographic boundaries
(Alternative 6) would allow for tremendous flexibility in attracting jobs to Corpus Christi.
Council Member John Longoria said the 4A corporation board has the option of not granting
money or incentives to a particular business. He agreed that incorporating the city's ETJ provides
more flexibility. Mr. Noe reaffirmed that the Council and the 4A board can set whatever rules and
guidelines they wish to utilize the sales tax revenues, such as establishing differential incentive
packages by geographic location.
Council Member Betty Jean Longoria said if the ordinance needs to be changed, it should be
changed now. However, she said she shared Dr. Gonzales' concern about the process that was
followed. Mr. Garcia replied that he and staff had a meeting with Dr. Gonzales because of his
concerns about how the Council got to that point on the issue of the 4A corporation. He indicated
to Dr. Gonzales that not all of the Council members were in agreement about that. Subsequently, Mr.
Garcia received calls from two separate Council members, each of whom requested information
about what it would take in order to propose specific amendments that would change the existing
agreement. Since there was not unanimity among the Council members, the staff drafted the five
alternatives. He said staff is not proposing any of the changes but if there is a desire by the Council
to provide more flexibility, those are the ways they can do that. He said the only alternative staff
would not recommend was Alternative 5 because it is too nebulous.
Council Member Cooper asked how far the city's ETJ extends into San Patricio County.
Minutes - Regular Council Meeting
September 12, 2000
Page 16
Mayor Neal replied that the city' s ETJ is five miles outside the city limits. Mr. Garcia added that the
incorporated cities of Ingleside, Port Aransas, and Robstown are not within Corpus Christi's ETJ.
Ms. Cooper questioned why they would want to include the city' s ETJ in the boundaries. Mr. Gareia
said it is very difficult to anticipate where an economic development prospect will want to locate.
Council Member Scott described a specific scenario that illustrates the possible advantage of
including the ETJ in the geographic boundaries.
Responding to Council Member Colmenero, Mr. Garcia said the existing Economic
Development Corporation does not have any physical boundaries.
In reply to Dr. Gonzales, Mr. Bray noted that the Council has the authority to create new
industrial districts within the ETJ. Dr. GonTales said he thought the voters would support including
the industrial districts more than the ETJ. Mr. Kinnison stated that the ETJ provides more flexibility.
A brief discussion ensued. Mayor Neat called for public comment.
Mr. Manuel Ugues, President of the Corpus Christi Hispanic Chamber of Commerce, said
their membership is interested in knowing how the sales tax monies will be used and who would be
involved in the decision-making. He said they are supportive of moving the community forward.
Dr. Gonzales made a motion to amend Item 22.a. to change the wording in the election
ordinance to "one-eighth"; seconded by Mr. Colmenero, and passed unanimously.
Mr. Longoria made a motion to amend the election ordinance to include Alternative I. Mayor
Neat said Altemafive 1 would amend Section 10 of the election ordinance as follows: "Monies
maintained in the separate fund for Proposition No. 6 shall be expended only to attract and secure
facilities and employers who contractuaily agree 1) to add new facilities or expand existing facilities
in Corpus Christi or any industrial district of the City of Corpus Christi, and 2) to permanently hire
or maintain employees in Corpus Christi or any indusctrial district of the City of Corpus Christi." The
motion was seconded by Mr. Scott and it passed unanimously.
City Secretary Chapa polled the Council for their votes on Item 22.a. as follows:
22.a. ORDINANCE NO. 024206
Ordinance amending Ordinance No. 024188, which ordered a special election on November
7, 2000 on questions of authorizing obligations of the City supported by ad valorem taxes
and authorizing a sales and use tax pursuant to Section 4A of Article 5190.6, Vemon's Texas
Civil Statutes.
An emergency was declared and the foregoing ordinance passed, as amended, by the
following vote: Neat, Colmenero, Cooper, Garrett, Gonzales, Kinnison, B. Longoria, J.
Longoria, and Scott voting "Aye."
Mayor Neat then referred to Item 22 .b. regarding the 4A corporation board of directors. Mr.
20
Minutes - Regular Council Meeting
September 12, 2000
Page 17
Noe said that Article 4 of the proposed Articles of incorporation would have to be amended in order
to incorporate the industrial districts as approved by the Council. He said that during their August
291h meeting, the Council indicated that the board members' terms should coincide with the city's
fiscal year, which ends July 3 Ist. There was also discussion about establishing staggered two-year
terms, so staff developed a possible amendment.
Dr. Gonzales made a motion to establish staggered two-year terms; seconded by Council
Member Garrett. Mayor Neal mad the proposed amendment to Article 9 of the Articles of
Incorporation for the Corpus Christi Business and Job Development Corporation: "(a) The affairs
of the Corporation shall be managed by a board of directors which shall be composed of five persons
appointed by the City Council of the City. The term of two of the initial members of the board of
directors shall expire July 31. 2001. and the term of the remaining three members shall er~ire July
31. 2002. Thereafter the term of the directors shall be two years, expiring on July 31 of each year.
Directors may be appointed to succeed themselves. No director may serve longer than six years
consecutively, unless such service is required to complete an unexpired tenn. Each director must be
a resident of the City."
Dr. Gonzales pointed out that the Council can replace any member of the 4A corporation
board at any time, and he questioned why the terms should be staggered. Mr. Noe said staggered
terms provide for continuity. Mayor Neat called for a voice vote on the motion to amend as he stated
and it passed unanimously.
Mr. Chapa pointed out that the Council needed to amend the articles to include the change
in the geographic boundaries. Mr. Bray said that would entail amending Article 4 of the Articles of
Incorporation, "Purpose and Limitations," to including the words "or any industrial district of the
City of Corpus Christi" after the words "Corpus Christi" at the end of the #I and #2. Mr. Scott made
a motion to amend as stated by Mr. Bray, seconded by Mr. Carfelt, and passed unanimously. Mayor
Neai again called for public comment.
Mr. Ugues asked the Council to consider the five people the Hispanic Chamber was
recommending be appointed to the 4A corporation board. He asked if the board will create policy
and what authority will they have. Mr. Bray replied that the board' s actions on projects of any kind
and their expenditures are subject to the Council's approval. Beyond that, under the statute, the
corporation will have all the powers of a non-profit corporation, which he explained.
Responding to other questions from Mr. Ugues, Mr. Bray said that once the corporation
members are appointed, they will meet to organize as a corporation, establish bylaws, and take other
actions in preparation for selling bonds for the seawall and arena projects 0fthose are approved by
the voters). He added that the sales tax would take effect on April 1, 2001, and the first revenues
would be available in June 2001. He said the board members would fall under the city's six-year
term limits as with other boards (up to seven years if filling an unexpired term). Mayor Neal added
that the Hispanic Chamber of Commerce and other chambers would be flee to approach the board
with ideas for economic development, at which time the board would evaluate the proposals and
decide whether or not to recommend them for approval by the City Council.
21
Minutes - Regular Council Meeting
September 12, 2000
Page 18
Mr. Roland Barrein expressed support for the appointment to the board of Mr. Eloy Salazar,
Chairman of the Hispanic Contractors Association.
City Secretary Chapa polled the Council for their votes on Item 22.b. as follows:
22.b. RESOLUTION NO. 024207
Resolution finding that it is advisable that the Corpus Christi Business and Job Development
Corporation be created pursuant to Section 4A of the Development Corporation Act of 1979,
approving Articles of Incorporation for the Corporation, and specifying the public purpose
which the Corporation may further on behalf of the City of Corpus Christi.
The foregoing resolution passed, as amended, by the following vote: Neal, Colmenero,
Cooper, Garrett, CopTales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
The Council members then appointed the following board members:
Corpus Christi Business and Job Development Corporation Board of Directors
Dr. Rosalinda Bohilla Robert Broadway
Gloria Perez John M. Richards
Sam Susser
Mayor Neal called for a brief recess.
Mayor Neal opened discussion on Item 23, amending the investment policy. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
23.a. RESOLUTION NO. 024208
Resolution amending the Investment Policy to provide maximum amounts that may be
invested in the Local Government Investment Cooperative and the Texas Local Government
Investment Public Funds Investment Pools, and adopting the City Investment Policy, as
amended.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent.
23.b. RESOLUTION NO. 024209
Resolution authorizing participation in TEXPOOL and designating
representatives.
authorized
22
Minutes o Regular Council Meeting
September 12, 2000
Page 19
23 .c.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; ConTales absent.
RESOLUTION NO. 024210
Resolution authorizing participation in the Local Government Investment Cooperative and
designating authorized representatives.
The foregoing resolution passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent.
Mayor Neat opened discussion on Item 25, purchase option for new landfill land. There were
no comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
25. M2000o323
Motion authorizing the City Manager or his designee to exercise an Option to Purchase for
acquisition of 2,273.59 acres from John O. Chapman, Jr. in the mount of $5,021,109,
including closing costs for the development of the new Cefe F. Valenzuela Landffil.
The foregoing motion passed by the following vote: Neat, Cohnenero, Cooper, Garrett,
Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye"; Gonzales absent.
26.
27.
Mayor Neat announced the following executive sessions:
Executive session pursuant to Texas Govemmeut Code Section 551.074 regarding
appointment of Municipal Court Judge, with possible discussion and action related thereto
in open session.
Executive session pursuant to Texas Government Code Section 551.071 regarding proposed
Agreed Order with TNRCC regarding Notice of Enforcement Action City of Corpus Christi,
Port and PeaHe Lift Station located at the comer of Port Avenue and Pearse Street, the
Leeward Lift Station located at the comer of Leeward Street and Running Light Road, the
unauthorized scrap tire storage facility located at Holly Road and Civitan Street and the J.C.
Elliott Landfill, 7001 Ayers Street, Corpus Christi, Nueces County, NPDES Permit No. TX
S000601, TNRCC Id No. 14T001 and Municipal Solid Waste Permit No. 423A Docket No.
2000~0301-MWD-E; Enforcement Id No. 14703 with possible discussion and action related
thereto in open session.
The Council went into executive session. The Council returned from executive session.
Council Member John Longofia made the following motion, which was seconded by Council
Member Betty Jean Longoria: '~
23
Minutes - Regular Council Meeting
September 12, 2000
Page 20
26. M2000-324
Motion appointing Juliana Siracusa Rivera as Judge of the Municipal Court of Corpus
Christi, Texas, Division B, and setting her salary at $52,530.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mrs. Longoria made the following motion, which was seconded by Ms. Cooper:
27.a. M2000-325
27.b.
Motion authorizing the City Manager, or his designee, to execute an Agreed Order with the
Texas Natural Resource Conservation Commission regarding Notice of Enforcement Action
City of Corpus Christi, Port and Pearse Lift Station located at the comer of Port Avenue and
Pearse Street, the Leeward Lift Station located at the comer of Leeward Street and Running
Light Road, the unauthorized scrap tire storage facility located at Holly Road and Civitan
Street and the J.C. Elljolt Landfill, 7001 Ayers Street, Corpus Christi, Nueces County,
NPDES Permit No. TX S000601, TNRCC Id No. 14T001 and Municipal Solid Waste Permit
No. 423A Docket No. 2000-030 1-MWD-E; Enforcement Id No. 14703.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
M2000-326
Motion authorizing the payment of $31,250 from the No. 5610 Liability and Employee
Benefits Fund for an administrative penalty to the Texas Natural Resource Conservation
Commission or the payment of the costs of a supplemental project to offset the
administrative penalty relating to the Notice of Enforcement Action City of Corpus Chiisti,
Port and Pearse Lift Station located at the comer of Port Avenue and Pearse Street, the
Leeward Lift Station located at the comer of Leeward Street and Running Light Road, the
unauthorized scrap tire storage facility located at Holly Road and Civitan Street and the J.C,
Elliott Landfill, 7001 Ayers Street, Corpus Christi, Nueces County, NPDES Permit No. TX
S000601, TNRCC Id No. 14T001 and Municipal Solid Waste Permit No. 423A Docket No.
2000-0301 -MWD-E; Enforcement Id No. 14703.
The foregoing motion passed by the following vote: Neat, Colmenero, Cooper, Garrett,
Gonzales, Kirmison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neat called for the City Manager's report. Mr. Garcia noted that the Legislative
Weekend is scheduled for September 15-17, 2000, and he encouraged the Council members to
24
Minutes - Regular Council Meeting
September 12, 2000
Page 21
attend. He also referred to a memo in the City Manager's transmittal regarding the cost estimate of
$29.5 million for the arena project, which is well within the anticipated mount available of $35
million. Mr. Garcia noted that several Council members were present at a recent Nueces County
Commissioners Court meeting in which the Commissioners approved the $1.50 fee to help fund the
school crossing guard program. The Mayor then called for Council concerns and reports.
Mr. Colmenero referred to the workshop held earlier in the day regarding historical landfills.
He said he would like to incorporate Price Field in the analysis of the landfill areas. Mayor Neat said
he would follow up on that request with a letter.
Dr. Gonzales said he had spoken with Rep. Gene Seaman, who indicated that 40 Texas
legislators were planning to attend the Legislative Weekend. He said it is important for the Council
members to lobby those legislators. Mr. Garcia agreed, pointing out that since the city's lobbyists
were cut from this year's budget, they will be relying heavily on the Council members to go to
Austin during the upcoming Legislative Session.
Mr. Longoria asked who is responsible for maintaining the areas around ftre hydrants. Mr.
Garcia replied that the city contracts out that work through the Water Department. He said up until
the last budget year the Fire Depat hnent was responsible. Mr. Longoria said the hydrant located on
the comer of Trojan Drive and Casteffort Street is overgrown with weeds.
Mr. Kinrdson asked about the status of the development "footprint" in and around the
Bayfront Arts and Sciences Park. Mr. Gareia replied that when city staff presented that idea to the
Council several months ago, there was an issue concerning the plans of the art museum. He said staff
was directed to walt until the art museum completed the footprint for their expansion; however, that
has not yet occurred. Mr. Kirmison said he thought the city should proceed anyway with initiating
its own development plans there, and Mayor Neat agreed.
Mr. Kinnison said that in the future he would like to receive the rating agencies' full report
rather than just the press release about it. He said the Council and staff should continue to review
its five-year financial plan. He asked if the Council would be willing to meet with the Planning
Commission to discuss certain projects or priorities they may have, such as whether they are looking
into the Southside Area Development Plan and a possible revision of the sign ordinance. Mayor Neat
suggested that the chairman of the Planning Commission give a briefing to the Council.
Ms. Cooper asked staff to look into conflicts between wind storm inspections and building
inspections. She said one of her constituents has had problems with conflicting directions. She also
announced a town hall meeting on September 18, 2000, at Woodlawn Elementary at 6 p.m. Dr.
Gonzales said he has received calls from city retirees who are not receiving responses to some of
their insurance questions. He said the retirees are concerned about nunors that the cost of insurance
is rising because of the retirees.
There being no further business to come before the Council, Mayor Neat adjourned the
Council meeting at 6:05 p.m. on September 12, 2000.
25
NUECES COUNTY COMMUNITY ACTION AGENCY - Three (3) vacancies with
one-year terms to 10-01.
(CiO~'s appointees must be public officials. Traditionally, council members have been
appointed and if unable to attend meetings, they designate staff or others us
representatives.)
COMPOSITION SUMMARY:
Up to 27 members, 3 of whom may be appoimed by the City Council and submitted
through the County Judge to the Community Action Agency at its annual meeting in
September for confirmation. Number of members of public officials established annually
by the County.
MEMBERS TERM
Mayor Loyd Neal (represented by Rev. William Pullam) 10-00
Betty Jean Longoria (representedby LauraAgui~aga) 10-00
John Longoria (represented by Ramiro Gainboa) I 0-00
9-19-00, page 1
27
b. HUMAN RELATIONS COMMISSION - One vacancy with term to 6-14-01. --
(Appointed by the Mayor with approval of the Council)
COMPOSITION
15 members, 14 of whom shall be appointed by the Mayor with approval of the Council
to study problems of group relationships within the City; one who shall represent the
selling of dwellings, one who shall represent the renting of dwellings and one member of
the staffof the Legal Aid Society to serve continuously; 11 for three-year terms, and 3
shall not be more than 20 years of age at time of appointment for one-year terms.
MEMBERS TERMS
ORIGINAL
APPTD. DATE
Scott Elliff 6-14-01
Oscar Hinojosa, Sr., Chairperson 6-14-02
Anna M. Mercado 6-14-03
Sylvester Peterson 6-14-02
Olga Tamara 6-14-03
Sandra Terretl-Davis 6-14-03
JoAnn Kerrtick 6-14-02
Lena D. Coleman 6-14-02
* Jeanette Stevens 6-14-01
Errol Summerlin (Legal Aide Society) Continuous
Joey Maldonado (Selling Dwellings) 6-14-03
Laura Rios (Renting Dwellings) 6-14-01
William Bonilla(Youth) 6-14-01
David Philip Engel (Youth) 6-14-01
Joshua J. Jimenez (Youth) 6-14-01
Rev. Willie Davila (Advisory Member) 6-14-01
7-11-00
5-I 1-99
12-12-95
12-08-98
7-08-97
5-11-99
7-13-99
7-09-96
6-9-98
7-11-00
12-08-98
7-11-00
7-11-00
7-11-00
* Resigned
INDIVIDUALS EXPRESSING INTEREST
Ronald Anderson
Senior, Ray High School. Officer of the National
An Honor Society, French Club, and National
Spanish Honor Society. Ranked eighth in his class
and in Academic Top Ten. (Qualifies- Youth) (6-
12-00)
9-19-00, page 2
28
Andrew Bmussard
Stewart Elovitz, M. D.-
Jennifer Head
Paige Hermansen
Richard R. Johnson
Raul Torres
Megan Wilkerson
9-19-00, page 3
Junior, Ray High School. Member of the Nation
Conference for Community and Justice, Youth
Opportunities United, Teen Leadership, National
Honors Society and Sister City Ambassador to
Keelung Taiwan. Ranked fifteenth in his class.
(Qualifies- Youth) (6-12-00)
C.E.O. ofTLC 4 Teem, program for at-risk youth.
Medical degree from University of Louisville
School of Medicine - Specialist in Opthamology.
Medical Director for G.I. Forum, H. P. Garcia
Branch. From 1997-98, served as a missionary in
Honduras and Afi'ica. (9-06-00)
Senior, Ray High School. Participated in Varsity
Basketball, 2001 National Merit Scholarship
Program, Baylest Volunteer, Senior Acolyte,
National Honor Society, Spanish Honor Society and
math tutor. Ranked number one in her class.
(Qualifies- Youth) (6-6-O0)
Junior, Ray High School. Active as Child Life
Volunteer, Coastal Bend Alzheimer's Association
and member of the Mayor Mary Rhodes Memorial
Committee. (Qualifuts- Youth) (6-5-00)
Computer Specialist, Corpus Christi Army Depot.
B.S. for Education. Active with the Americans with
Disabilities Act (ADA) and Leadership Corpus
Christi. Received the Governor's Award for
Handicapped Individual of the Year. (6-19-97)
C.P.A. with a B.B.A. and M.B.A. from Texas A&M
University in Corpus Christi. Member of Texas
Society of CPA's and American Management
Association and the Head Start Program. (6-23-97)
Senior, King High School. Member of the Planning
and Decision Making Team, Student Council,
Business Professionals of America, Teen Court,
National Honors and French Honors Society and is
ranked twenty-sixth in her class. (Qualifies -
Youth) (6-12-00)
29
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving supply agreements with the following companies for the following
ajll0unts in accordance with Coastal Bend Council of Governments Bid Invitation No. CBCO G-00-3 for food
s which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month
e,.penditure of $93,331.83 based on the recommended award subnlitted by the Coastal Bend Council of
Government. The terms of the contracts shal! be for six months with an option to extend for up to three
additional months, subject to the approval of th~ Coastal Bend Council of Gov~Amuents, the suppliers, and the
City Manager or his designee. Funds have been budgeted by Senior Community Services in FY00-01.
Sysco Food Service
San Antonio, TX
81 Items
$38,697.38
LaBart Food Service Ben E. Keith PFG
Corpus ChfistL TX San Antonio, TX Corpus ChristL TX
95 Items 40 Items 8 Items
$27,280.27 $12,085.30 3,695.37
Sam Hausman Meats
Corpus Christi. TX
2 Items
$3,533.30
Lance, Inc.
Charlotte, NC
1 Item
$269.43
Alliant Food Servico
Corpus Christt TX
30 Items
$7,770.78
Grand Total - $93,331.83
BACKGROUND:
These food items will be used by Senior Corninanity Services for the
Elderly Nutrition Progran~
The items are combined under a cooperative bid issued by the Coastal
Bend Council of Governments (CBCOG). Participating members are
comprised of the City of Corpus Chfisti, Aransas Council on Aging,
Community Action Corporation of South Texas, Duval County, Bee
COtfitittafi~y Action Agency, Kleberg County HtllTlan Services, NLlece5
County Senior Comm~mity Services and San Patrieio Community
Action Agency.
The recommended awards are based on the evaluation and
recommendation of participating members of the Coastal Bend
Council of Governments. The department concurs with this
recommendation,
Funding:
Senior Community Services
ENP 520070-1050-810800
MOW 520070~1050-810500
$79,332
14,000
Procuremeat & General Services Manage~
Total: $93,332
Coastal Bend Council of Governments - Staples, Meats & Other Food Goods
Senior Community Services
CBCOG~O~
Sysco Food Service
San Antonio, Texas
Canned Fruit, Canned Vegetables, Dried
Vegetables, Condiments, Dressing, Juices,
Dded Fruit, Relishes, Soups and Bases, Fish
Spires, Starches and Pasta, Sugar & Products
Miscellaneous Products, Beef, Bread, Poultry,
Prepared Products, Frozen Vegetables
Frozen Fruit & Dessert and Dairy Products
LaBart Food Service
Corpus Christ, Texas
Canned Fruit, Canned Vegetables, Dded
Vegetables Canned Meat,
Condiments, Dressing, Oil & Shortening
Relishes, Soups and Bases,
Spires, Starches and Pasta, Sugar & Products
Miscellaneous Products, Beef, Pork, Poultry,
Prepared Products, Frozen Vegetables
Frozen Fruit & Dessert and Dairy Products
Ben E. Keith
San Antonio, Texas
Canned FruiL Canned Vegetables,
Canned Meat, Dairy Products
Condiments, Oil & Shortening
Spices, Starches and Pasta, Sugar & Products
Miscellaneous Products, Beef, Pork
Frozen Vegetables and
Frozen Fruit & Dessert
Lance Inc,
Charlotte, NC
Crackers, VVhole Wheat
Sam Hausman Meats
Corpus Christ Texas
Beef & Pork
Aliant Food Service
Corpus Christ Texas
· Canned Fruit, Canned Vegetables Canned Mea
Condiments, Oil & Shortening, Soups and Base
Spices, Starches & Pasta, Sugar & Products,
Miscellaneous Products, Beef, Poultry, Frozen
Fruit & Dessert and Dairy Products,
PFG
Corpus Christ Texas
Canned Fruit, Condiments, Dressing, Beef,
Frozen Vegetables and Frozen Fruit & Dessert,
Grand Total
$38,697.38
27,280.27
12,085.30
269,43
3,533.30
7,770.78
3,695.37
$93,331.83
32
AGENDA MEMORANDUM
RECOMMENDATION: RECOMMENDATION: Motion approving supply agr~ra~nts with the
following companies for the following mounts in accordance with the Coastal Bend Council of
Governments Bid Invitation No. CBCOG-00-5 for paper goods, for an estimated twelve month expenditure
of $37,737.62 based on the recommended award submitted by the Coastal Bend Council of Governments.
The term of the contracts shall be for twelve months with an option to extend for up to twelve additional
months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City
Manager or his designce. Funds have been budgeted by Senior Comm..unity Services in FY 00-01.
Alliant Food Service
Corpus Christi, TX
$20,074.05
Gulf Coast Paper Co.
Corpus Christi. TX
$13,087.70
Ben E. Koith
. San Antonio. TX
$2,702.94
Sysco Food Service
San Antonio. TX
$1,675.27
Labart Food Service
Corpus Chfisti. TX
$197.66
Grand Total - $37,737.62
Pnrpose:
These paper goods will be used by Senior Coraraunity Services for the
Elderly Nuifiiion Progran~
The items are combined under a cooperative bid issued by the
Coastal Bend Council of Governments (CBCOG). Participating
members are comprised of the City of Corpus Christi, Aransas
Council on Aging, Community Action Corporation of South
Texas, Duval County, Bee Co~muanity Action Agency, Kleberg
County Human Services, Nueces County Community Services
(Robstown) and San Patricio Community Action Agency.
The recommended award is based on the evaluation and
recommendation of participating members of the Coastal Bend
Council of Governments. The department concurs with this
recom~,ndation.
Funding:
Senior Community Services
520070-1050-00000 Project 810800
520070-1050-00000 Project 810500
$32,076.98
5,660.64
Michae arrera, .P ./
Procuremere & General Services Manager
33
Total: $37,737.62
AWARD TOTALS:
GRAND TOTAL
19.41 194.10
118.53
712
29.63
$62.50 $82.50 .$58.83
28.28 1,734.48 15.34
21.80 65.40 30.70
12.09 157.17, 13.23
8.78 43.90 9.41
24.16 19328
9.60 76.80 2.72 21.76
3.13 12.52
44.77 3,850.22 40.00 3,440.00 44.60 3,835.60
777 512.82 5.26 347.16 6.04 398.64
149 1.49 168.82 168.82
S20,074.05 S 13,087.70
537,737.62
Ssa.a.*,--.o.l'X CommChrim, I'X
hi~ [ E~XPt~ P~ce [ F. xxPfice
B83 S54.e6
1,012.44 14.84 979.44 $26.6t $1.' ~
92.10 39.75 119.25 J
171.99 15.63 203.19 12.35 160.55
47.05 10.63 53.15
35.45 23.97 23.97 31.93 31.93
1,419.66 59.16 1.~'~e 41.59 1,372.47
24.39 52.27 52.27 21.96 21.96
3t.45 21,071.50 36.81 24,882.70
30.78 123.12 ~rL_t~._ 82.12'
38.31 157.24 28.68 114.72
42.18 1,940.2B 31.27 1.438.42
43.27 1,986,42 31.48 1,448.06
20.32 81.28
16.71 116.97
31.20 2t8.40
10.56 42.24 11.20 ~'~
538 37.~2 11.08
16.21 81.05
16.21 81.05 27.75 138.75
39.61 158.04 31.25 125.00
113.96 341.94 11.25 33.75
59.45 118.90
86.20 13240 57.62 115.24.
31.4.3 31.43 24.73 24.73
1.80 1.80
3.54 28.32
8.23 16.46
42.73 3,674.78
21.87 21.87 14.18 14.18
7.63 251.79 5.40 178.20
7.62 502.92 5.40 356.40
7.91 522.06 5.40 356.40
2.10 2.10
38.77 155.08 27.73 110.92i
26.90 6.213.90 33.96 7.844.76;
S2,702.94 $1,675.27 SIg.'~6.6
34
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Queen City
Services, Mercedes, Texas for tineft and towel service to be used by the Fire Departwent,
Library, and Health Department accordance with Bid Invitation No. BI-0174-00 based on
low bid for an estimated annual expenditure of $17,837. The service will provide the
using departments with rental and weekly delivery of sheets, pillow cases and towels.
The term of the supply agreement will be for twelve months with an option to extend for
up to two additional twelve-month periods subject to the approval of the supplier and the
City Manager or his designee. Funds have been budgeted by the using departments for
FY 00-01.
BACKGROUND:
This service will provide for the rental and weekly delivery
of sheets, pillow cases and towels used in the sleeping
quarters and kitchens of the Fire Department's stations, and
cleaning towels for the Libraries and Health Department' s
Aniroa] Control.
The City's account will be serviced liom Queen City
Services' office in Flour Bluff..
Previous Contract:
The option to extend the current contract has been
exercised, requiring new bids to be received.
Bid invitations Issued: Five
Bids Received: Two
Price Analysis:
Pricing has increased approximately 10% since the last
contract of June 1997.
Award Basis:
Low Bid - the using departments concur with
recommendation~
Funding:
Organization Name Budgeted Amount
Fire Depamh-ent 12010 $26,000
Library 12820 226
Animal Control 12680 1,000
Procuremere and General Services Manager
Total $27,226
35
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID EVALUATION AND RECOMMENDATION
CHI~IF IRWIN
TO: · II~,pa_ ~ m4~. JEFF BEYNON, BID INVITATION NO.: B1-0174-00
DEPT. DIV.: FIRE, ! .IRRARY, ANIMAL CONTROL BID ITEM NO,:
DATE: AUGUST 9, 2000 COMMODITY: LINEN & TOWEL SERVICE
BUYER: Esther C. Barrera, Sr. Buyer
Copic~ of ~c bids and a bid U~uhuion ~c submittcd for your ev~h,**i~ and rc~ommen.~b,tion. Pleasc ptovidc your com,w,m~ below.
Y~urev~sh~idcm~si~r~butn~t~i~t~:(~)Priz~(2)~t~th~(3)~t~pem~v~a~i~k
orConsume. and(4) DisposaiValuewhennpplicable. lrltaeawurdtequi~sCmmcilalWaovnl.(a)~len~mialmustbe
Ltpproved by your Group Manage, and (b) acuvixy numbe'rs and budgeu~ amounts must be shown.
EVALUATION COMMENTS
We recommend accepting the bid from Queen City Services.
ORGANIZATION NUMBER: 12820 AMOUNT BUDGETED
COMPLETED AND SUBM!i-!x<D BY: i~lj4 1~,, }/N/
NAME
XPPROVED:
f.~ ,
DEPT. HEAD: · ~- ~' ' -- -- ASST CITY MGR:
DATE
$226
St. Accnt I
TITLE
8/14/00
DATE
DATE
36
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID EVALUATION AND RECOMMENDATION
TO: DEBRA READ, JEFF BEYNON, BID INVITATION NO.: BI-0174-00
DEPT. DIV.: FIRg, LIBRARY, ANLMAL CONTROL BID ITEM NO.:
DATE: AUGUST 9, 2000 COMMODITY: LINEN & TOWEL SERVICE
BUYER: Esther C. Barrera, Sr. Buyer
Copes of~ b~is ~md a b~ ~,k~p~ a~ su~m~ for ~ ~ ~d ~~. P~ ~ ~ ~ ~.
Y~~,~~:(I)~(2)~m~~(3)C~~
or Ce~ ~d (4) D~ V~ w~ ~. ff~e ~ ~ Co~ ~,~ (a) ~ ~ ~ ~
~v~ ~ ~r Gm~ M~, ~d (b) ~ num~ ~d ~ ~ m~ ~ ~o~.
EVALUATION COMMENTS
Recommehd low bid which was Fubmitted by Queen City Service. In addition to
submitting lowest bids, they also met all bid specifications.
ORGANIZATION NUMBER:
AMOUNT BUDGETED $26,000.00
COMPLE11DANDSUBM!I-IEDBY: Rick Ramos Mgmt Asst. V 8/16/00
NAME ~TLE DATE
XPPROVED: /~
DEPT. HEAD:'/) /--,~/~ASSTCITYMGR:
~E ~ DATE
37
BID INVITATION NO.: BI-0174-00
UNEN & TOWEL SERVICE
BUYER: ESTHER C. BARRERA
CITY OF CORPUS CHRISTI
BID TABULATION
~N~R
TOTAL
QUEEN CITY SERVICES
MERCEDES, TEXAS
$17,837.00
2
AMERIPRIDE LINEN &
APPAREL SERVICES
CORPUS CHRISTI,TEXAS
$ 34,601.00
38
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the purchase of one truck mounted asphalt
distributor from Cooper Equipment Company, Sun Antonio, Texas in accordmace with Bid
Invitation No. BI-0124-00, based on low bid, for a total amount of$117,808. The asphalt
distributor will be used by the Street D.epartment. Funds have been budgeted by the Street
Departmere in FY00-01.
BACKGROUND:
The track mounted asphalt distributor will be used by the Street
Deparlment in their chip seal operations.
Award Basis:
Low Bid
Three bids have been received from Cooper Equipment Company,
San Antonio, Texas. The asphalt distributor specified, an Etnyre
Cemennial, is specialized equipment that has unique features
peculiar to Etnyre Manufacturing. Cooper Equipment is the sole
distributor for Etnyre in South Texas. The three bids received
from Cooper Equipment Company reflect pricing for the
distributor mounted on three differera truck chassis. The
recommended award is the lowest bid received for the distributor
mounted on an International 4900, 6 x 4 truck chassis.
Price History
The City purchased a truck mounted asphalt distributor in 1991 for
a total cost of$116,706.
Funding:
Street Departmere
530190-1020-12430
This unit will be funded through the City's lease/purchase
contractor in the amount of $117,808. The estimated interest rate is
5.3%. The actual interest rate will be determined after acceptance
of the trucks. The unit will be leased for a 60-month period. The
annual payment, is $26,872.92. The five-year total, including
principal orS117,808 and interest of $16,556.60, is $134,364.60.
Michael Barrera, C.. M.
Procurement & General Services Manager
39
1
Asphalt Distributor
DESCRIPTION
3,000 gallon asphalt dimi~utor
Maw,~
Model:
UI'I'Y' OF CORPUS I.;t!RISTI
PURCHASING DIVISION
BID TABULATION B1-0124-00
.~3PHALT DISTRIBUTOR
QTY UNIT UNITPRICE[ EXTPRICE
1 EA $117,808.00
Etnyre./Intema~onal
Cemennial/4900
Cooper Equipmint Co. ~ F. quipmmt Co.
SaaAnamio, TX San Antonio, TX
UNIT PRICE EXT PRICE UNIT PRICE EXT PRICE
$118,209.00 $131,964.00
Etayre,/St~rling Emyre/Mack
C, eamnial/LT7501 C,~mmnial/RD 690 S
$117,808.00 $I 18,209.00 $131,964.00
40
AGENDA MEMORANDUM
DATE: September 5, 2000
SUBJECT: Southeast Senior Citizens Center (Project No. 3084)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award Change
Order No. 5 to the construction contract with Mehne Construction, Inc. for a total fee not
to exceed $44,000 for parking improvements at the Southeast Senior Citizens Center.
ISSUE: The Southeast Senior Center requires additional parking space to accommodate
the users of the facility.
FUNDING: Funds forthis project are available in the FY 1997-98 Community Development
Block Grant (CDBG) Program.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Tony Cisneros,
~r-'Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Actions
Exhibit "C" Project Budget
Exhibit "D" Location Map
41
BACKGROUNDINFORMATION
SUBJECT: Southeast Senior Citizens Center (Project No. 3084)
BACKGROUND INFORMATION: The Southeast Senior Citizens Center is located at 5325 Greely Drive, next
to Cullen Middle School and Cullen Park. The construction contract was awarded to Mehne Construction, Inc.
of Corpus Christi on December 21, 1999 (Motion No. M99-442) as follows:
Base Bid
Additive Alternate No. 1 ceramic tile and wall tile in restrooms
Additive Alternate No. 2 additional storage shelving
Additive Alternate No. 3 operahie panel position
Total Construction Contract
$669,900.00
3,450.00
10,700.00
8,640.00
$692,690.00
Construction of the new Southeast Senior Citizen Center began January 24, 2000 and four (4) change orders
have been executed as follows:
Chanqe Order No. 1 $3,976.35
· provide new telephone pedestal on east side of building for future telephone service;
· install draft stopping in attic space;
· install four (4) additional HVAC fire dampers; and
· change power riser wire sizes.
Chanoe Order No. 2
· modify water supply piping in new construction to provide future in-igation water
service to fenced courtyard area;
· provide PVC pipe sleeves under concrete flatwork in fenced courtyard area for future
landscape irrigation;
· delete VCT floor finish and resilient base in Kitchen Room 111 and PantTy Room
111A and provide ceramic floor tile;
· furnish and instell three (3) ceiling fans and controls in Multipurpose Room 110;
· provide Armstrong "Fine Fissured" Humigard Plus acoustical ceiling panels in lieu of
"Codega" acoustical panels originally specified;
· provide and install sixteen (16) high surface mounted high-impact comer guards in
various locations in public corridors;
· provide electric motor operation for overhead counter shutter located in Kitchen
Room 111 in lieu of hand crank operation; and
· provide VCT floor finish in lieu of no floor finish in Janitor/Storage Room 103A,
Storage Room 107, Electrical Room 112B.
Chanoe Order No. 3
· provide nineteen (19) calendar days contract time extension to the contract time to
compensate for time lost at initiation of project due to delays in approval of Building
Permit.
7,533.00
0.00
Ii ex.,sn' ...o,.. I] -
Page 1 of 2
42
Change Order No. 4
. salvage existing bdck from the extedor panel at Room 103A and utilize brick to fill the
west and south panels at Room 108 exterior, and fill the panel at Room 103A entirely
with new brick; and
· perform various concrete repairs at the new exterior hollow metal frames for the 106
and 109 series openings.
Total Change Orders
1,754.00
$13,263.35
At the time of contract award, staff did not recommend award of ,~,.dditive Alternate No. 4, parking
improvements, due to potentially insufficient funding. Furthermore, it was recommended that parking
improvements would be added as a change order upon evaluation of funds availability. Presently, the
construction phase is fif~y-five percent (55%) complete and sufficient funds are available from contingencies
to add the parking improvements to the facility.
PROJECT DESCRIPTION: Change Order No. 5 consists of 500-foot concrete header curb around the
perimeter with backfill and grading; 26-foot wide traffic aisles; forty-two (42) 9-foot parking spaces; pavement
structure consisting of 6-inch lime stabilized subgrade, 6-inch lime stabilized caliche base, and 2-inch hot mix
asphalt; two (2) 400-watt light fixtures; and two (2) small planting areas.
FUNDING: Funds for this change order are available from the FY 1997-98 Community Development Block
Grant (CDBG) Funds,
RECOMMENDATION: It is recommended to approve Change Order No. 5 to improve the parking facility at
the Southeast Senior Citizens Center in the amount of $44,000 to the construction contract with Mehne
Construction, Inc.
Page 2 of 2
43
PRIOR ACTIONS
SUBJECT: Southeast Senior Citizens Center (Project No. 3084)
PRIOR COUNCIL ACTION:
J ulv 30, 1996 - Appropriation of $6,585,000 for the FY 1996-97 Community Development Block Grant
(CDBG) Program which included $30,000 for this project (Ordinance No. 022648).
July 29. 1997 - Appropriation of $7,677,000 for the FY 1997-98 Community Development Block Grant
(CDBG) Program which included $852,000 for this project (Ordinance No. 022917).
April 21, 1998 - Motion approving staff's recommendation of locating the new senior center at the
Cullen Park site and directing staff to begin planning for the next senior center to be located at
Lakeview Park (Motion M98-125).
June 23. 1998 - Motion authorizing the City Manager or his designee to execute a Contract for
Architectural/Engineering Services with Bennett, Martin and Solka Architects, Inc. for a total fee not
to exceed $78,000 for the design of the Southeast Senior Citizens Center (Motion M98-224).
April 27. 1999 - Presentation to City Council of design of the Southeast Senior Citizens Center.
December 21.1999 - Motion authorizing the City Manager, or his designee, to execute a construction
contract with Mehne Construction for a total fee not to exceed $692,690 for the Southeast Senior
Citizens Center (Motion M99--442).
PRIOR ADMINISTRATIVE ACTION:
March 30. 1998 - Agreement for Architectural/Engineering Consultant Services with Bennett, Martin,
Solka Architects, Inc. far a fee not to exceed $5,000 for providing evaluations of three sites.
May 12. 1998 - Agreement for Architectural/Engineering Consultant Services with Mody K. Boatright,
P. E., for a fee not to exceed $700 for an asbestos inspection of the existing facility at Culien Park.
May 26, 1998 - Agreement for Construction Materials Engineering Laboratory Inspection and
Materials Testing Services with Gulf Coast Testing Laboratory, Inc. for a fee not to exceed $1,900 for
geotechnical engineering services, subsurface investigation, laboratory testing, and foundation
recommendations,
June 11, 1998 - Amendment Number 1 to the Agreement for Architectural/Engineering Services with
Mody K. Boatright, P. E., for a fee not to exceed $4,880, for a total contract amount of $5,580.
September 25. 1998 - Amendment Number 1 to the Agreement for Arch/tectural/Engineedng Services
with Bennett, Martin and Solka Architects, Inc. for a contract time extension of fd~y (50) working days,
for a total contract time of two-hundred (200) working days.
April 22.1999 - Agreement for Architectural/Engineering Consultant Services with BHP Engineering
and Construction, Inc. for a fee not to exceed $2,400 for censtruction documents review of the
Southeast Senior Citizens Center.
April 27. 1999 - Amendment Number 2 to the Agreement for Architectural/Engineering Services with
Bennett, Martin and Solka Architects, Inc. for a fee not to exceed $900, for a total contract amount
of $78,900.
May 26, 1999 - Ratification of Project Management Agreement for Project Management Services with
Barrera Consultants for a total fee of $14,825 which included $1,250 for this project.
July 8, 1999 - Small Project Construction Agreement with Jupe Company, Inc. for asbestos
abatement of the Garden Center Facility for a total contract amount of $11,600.
EXHIBIT "B"
Page 1 of 2
44
10.
11.
12.
13.
14.
September 29. 1999 - Change Order No. 1 to the Small Project Consffuction Agreement with Jupe
Company, Inc. for a fee of $2,030 and a total contract amount of $13,630. Change order consisted
of additional asbestos abatement located in a duct that was not detected at time plans and
specifications were prepared.
March 27. 2000 - Change Order N6. 1 to the Construction Contract with Mehne Construction, Inc. for
a fee of $3,976.35. Change order consisted of telephone pedestal, draft stop in attic space, and
HVAC fire dampers.
May 25. 2000 - Change Order No. 2 to the Construction Contract with Mehne Construction, Inc. for
a fee of $7,533. Change order consisted of modifying water supply piping, PVC pipe sleeves under
concrate flatwork, ceiling fans and controls, acoustical ceiling panels, high-impact comer guards,
electric motor operation for overhead counter shutter located in Kitchen Room 111, and VCT floor
finish in the Janitor/Storage Room.
August 17. 2000 - Change Order No. 3 to the Construction Contract with Mehne Construction, Inc.
for nineteen (19) calendar days. Change order provided calendar day contract time extension to
compensate for time lost at initiation of project due to delays in approval of Building Permit.
August 22. 2000 - Change Order No. 4 to the Construction Contract with Mehne Construction, Inc.
for a fee of $1,754. Change order consisted of salvaging existing brick from the exterior panel at
Room 103A and use bdck to fill the west and south panels at Room 108 exterior, and fill the panel at
Room 103A entirely with new brick, and various concrete repairs at the new extedor hollow metal
frames.
II EXHIBIT "B"
Page 2 of 2
45
SOUTHEAST SENIOR CITIZENS CENTER
Projec~ Budget
Project Number 3084
September 6, 2000
FUNDS AVAILABLE:
CDBG FY96-97 (530000-1050-00000-859717) ...................................................................
CDBG FY97-98 (530000-1050-00000-859811 ) ...................................................................
Total .....................................................................................................................................
$30,000.00
870,000.00
$900,000.00
FUNDS REQUIRED:
Construction:
Base Bid ............................................................................................................................
Additive Alternate No. 1 - ceramic floor and wall tile in restrooms ....................................
Additive Alternate No. 2 - additional storage shelving .......................................................
Additive Alternate No. 3 - operable panel partition ............................................................
Additive Alternate No. 4 - additional parking improvements .............................................
Total Construction Contract (Mehne Construction, Inc.) ......................................................
Contingencies (3.9%) ...........................................................................................................
Consultant (Bennett Martin Solka, Inc.) (site selection) .......................................................
Consultant (Bennett Martin Solka, Inc.) (NE Agreement) ....................................................
Consultant (BHP Engineering) .............................................................................................
Consultant (Barrera Consultants) .........................................................................................
Consultant (Mody K. Boatright) (asbestos survey) ..............................................................
Asbestos Abatement (Jupe Company, Inc.) .........................................................................
Art in Public Places (1 t/4%) ................................................................................................
Construction Inspection/Project Administration ....................................................................
Texas Dept. of Licensing and Regulation ............................................................................
Testing (Gulf Coast Testing Laboratory, Inc.) ......................................................................
Printing .................................................................................................................................
Advertising ...........................................................................................................................
Total .....................................................................................................................................
$669,900.00
3,450.00
10,700.00
8,640.00
44,000.00
$736,690.00
28,921.37
5,000.00
78,900.00
2,400.00
3,150.00
5,580.00
13,630,00
8,658.63
8,000.00
570.00
5,000.00
2,500.00
1,000.00
$900,000.00
46
~ Mproject \ councilexhl~bits \ exh 3084. dwg
Son Potn*cio CounLy
N
NUECES BAY
GRAPHIC SCALE
SOUTHEAST SENIOR
CITIZENS CENTER
· GARDEN CENTER
CULLEN PARK
( 5325 OREELY DRIVE )
CORPUS CHRISR BAY
._- CZP PROdECT No, 3084
L OCA TZ ON MAP
NOT TO SCALE
EXHZBIT "D"
Southeast Senior Citizens Center
47
CITY OF CORPUS CHRISR, TEXAS
CZTYCOUNCZL EXHZBZT ~
DEPARTMENT OF ENG~EERING SERVIC~
PAGE: I of 1
DA~: 9--6--2D00 ~
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
September 13, 2000
PROJECT: SOUTHEAST SENIOR CITIZENS CENTER
PROJECT NO: 3084
APPROVED: City Council on 12/21/99 - Motion No. M99-442
CONTRACTOR:
MEHNE CONSTRUCTION, INC.
4514 ESSEX DRIVE
CORPUS CHRISTI, TX 78413
TOTAL CONTRACT AMOUNT ..........
25% Limit Amount ....................
Change Order No. I (3/2/00) . ..
Change Order No. 2 (4124/00) ...........
Change Order No. 3 (7/12/00) ...........
Change Order No. 4 (8/3/00) ............
Change Order No. 5 (8/11/00) ...........
Total ...............................
692,690,00
173,172.50
3,976.35
7,533.00
0.00
1,754.00
44,000.00
57,263.55 = 8.27%< 25%
48
AGENDA MEMORANDUM
September 19, 2000
SUBJECT: Acquisition of Parcels 19,24,28,29 & 30.
Southside Water Transmission Main - O.N. Stevens Plant to Clarkwood Road
Project #6087
AGENDA ITEM: Motion authorizing the acquisition of Pamel 19 out of the Artemus
Roberrs Subd. located west of McKenzie Road between Haven Dr. and State Hwy. 44 and
Parcels 24, 28, 29, and 30 out of the Rowena Shaeffer Subd. located between McKinzie
and Rand Morgan Roads north of State Hwy. 44 from the owner D.H.Braman, et al for
$55,000 in connection with the Southside Water Transmission Main project - O.N. Stevens
Plant to Clarkwood Road project.
ISSUE: The Southside Water Transmission Main - O.N. Stevens Plant to Clarkwood Road
project calls for the acquisition of Parcels 19, 24, 28, 29 and 30 for the construction of a
major water transmission main. Council approval is needed for acquisitions over $15,000.
FUNDING: Funds for this acquisition are available from the Water Capital Projects Fund
(Commercial paper).
RECOMMENDATION: Approval of the motion as presented.
Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D,
Exhibit E.
Background Information
Prior Council Action
Location Map
Information Summary
Watedine Easement Summary
H:~HOME\EUSEBIOG\GEN~Agenda Iterns~SS Water Trans. Braman~Agenda Mernorandum.doc
49
BACKGROUND INFORMATION
SUBJECT:
Acquisition of Parcels 19, 24, 28, 29 & 30.
Southside Water Transmission Main - O.N. Stevens Plant to Clarkwood Road
Project #6087
PRIOR COUNCIL ACTION: See Exhibit "B."
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize the acquisition of these parcels and expenditure of funds from the Water
Capital Projects Fund (Commercial Paper); and
2. authorize the approval of any other parcels in the project where acquisition cost
exceeds $15,000; and
3. authorize the condemnation of any parcels where negotiations have reached an
impasse.
OVERVIEW:
Background: In June, 1998, Council awarded an engineering contract to Urban
Engineering for the Southside Transmission Main Project - Phase 1 (ONSWTP to
Clarkwood Road). The Staples Street Pumping Plant was considered to be one of
the later phases of the project. However, low water pressure has been an ongoing
problem for the City's south side throughout the summers of 1997, 1998 and 1999.
The feasibility report for proceeding with construction of the Staples Street Pumping
Plant concluded that such action would alleviate the low pressure problems dudng
peak demand hours as an intedm measure. Therefore, acceleration of the Staples
Street Pumping Plant project was proposed to meet customer demands for delivery
of adequate water pressure in the south side of Corpus Christi.
The Council-approved 1997 Water Distribution System Master Plan Update
recommended a new Southside Transmission Main from the Stevens Water Plant
to a new pumping plant to alleviate inadequate water supply and pressure problems
experienced during peak demand periods in Pressure Zone 2 (essentially east of
Everhart Road). The new transmission main will substantially increase the hydraulic
capacity of the delivery system from the Stevens Plant and will be the primary
supply source for the Staples Street Pumping Plant.
Parcel Information: Parcel 19 is located just west of McKinzie Road between
Haven Dr. and State Hwy. 44. Parcels 24, 28, 29 & 30 are located between
McKinzie Road and Rand Morgan Road, north of State Hwy, 44. The parcels
consist of a watedine easement containing a total of 14.019 acres and a temporary
construction easement containing a total of 19.463 acres. The parcels are also
located south of and adjacent to an existing 25 foot wide City of Corpus Christi
waredine easement. These parcels are being acquired for the construction of a 60"
Exhibit A
Page 1 of 1
50
diameter water transmission main from the O.N. Stevens Plant to Clarkwood Road.
These parcels had been previously authorized for condemnation because of an
impasse in negotiations with the owner D. H. Braman, et. al. However, due to
changes in the locations of pipeline appurtenances and other minor concessions,
City staff has negotiated with the owner for the acquisition of these five parcels.
Since waredine easements are being acquired, a title company is not involved in
this transaction.
51
Exhibit A
Page lof2
PRIOR COUNCIL ACTION
1. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan
(M97-246)
2. September 9, 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
3. December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174).
4. June 16. 1998 - Award of an engineering services contact in the amount of $706,140
to Urban Engineedng for the Southside Tansmission Main - O.N. Stevens Plant to
Clarkwood Road (M98-208).
5. September 22. 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the
contact with Urban Engineering expanding the scope of engineering services for the
Southside Tansmission Main - Stevens Plant to Clarkwood Road project to include the
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327).
6. November 10. 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474).
7. March 23. 1999 - Approval of site selection and authodzation to proceed with acquisition
(M99-078).
8. March 23. 1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the
Staples Street Pumping Plant project by accelerating a portion of the South Staples 42"
Southside Tansmission Main from the proposed Staples Street Pumping Plant to
Yorktown Road (Ord. No. 023592).
9. March 23. 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contact with Urban Engineering expanding the scope of engineering services for the
Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples
Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related
additional engineedng services for a 42-inch waterline from the new pumping plant at
South Staples and County Road 43 to the existing 16-inch watedine near Country Creek
(M99-079).
10. May 18. 1999 - Award of purchasing centact to A&H Enterprises for two horizontal split
case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-142).
11. May 25, 1999 - Approval of condemnation proceedings for Parcel No. I (Res. 023645).
12. June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contact 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
13. July 20. 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703).
14. September 28, 1999 - Award of construction contact to Garney Company, Inc. for 42"
Watedine from New Pumping Plant at So. Staples and County Road 43 to Existing 16"
Waterline Near Country Creek for Staples Street Pumping Plant, Contact 4 (M99-342).
15. October 19. 1999 - Award of construction contract to Lambda Construction for Staples
Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361).
16. April 11. 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with
the Southside Transmission Main - Stevens Plant to Clarkwood Road project (M2000-
106).
17. April 18, 2000 -Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection
with the Southside Tansmission Main - Stevens Plant to Clarkwood Road project.
(Resolution #024014)
\\ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Braman\Pdor Council action,doc
Exhibit B
Page 1 of 1
52
file: \Mproject\landocqexhibits\southtrons30. dwg
0 'PARCEL ' ~ _ ..,. '=
.~ ·
I I I~ ,, .........· :';.
So~th.~ide 171zat¢~ Tz~n.~miss~o~ M~in ~998~C~ty Co.ncll Ex~ibit
ParceJs ~9j4 28 29 ~ 30 ~~~ s~
L ' ' D~: ~2~ ~ ~
EXHIBIT C
53
INFORMATION SUMMARY
Owner:
Location:
Zoning:
Size:
Total Length:
Platted:
Tax Value:
Appraised Value:
Negotiated Price:
D.H. Braman, et al.
Just west of McKinzie Road and between McKinzie Road and
Rand Morgan Road
R-1 b, One Family Dwelling District
Parent tracts -
Watedine Easement taking -
Construction Easement taking -
1,386 acres
14.019 acres (60 ft. wide)
19.463 acres (80 ft. wide)
_+11,385 linear feet (2.16 mi.) ofwatedine easement.
No
$1,512,814 or $1,092/acra (1999)
$1,700 per acre per Thomas F. Dorsey, M.A.I..
Waterline Easement -
Construction Easement-
Damages
Total Just Compensation
$11,778
$ 2,140
$25.182
$39,100
$55,000. Due to the addition of extra above-ground pipeline
appurtenances and other associated damages as a result of
subsequent engineering design changes.
\\ENGINEERING~DATAI\HOME~EUSEBIOG\GEN~Agenda Items\SS Water Trans. Braman\lnformation Surnmary.doc
Exhibit D
Page 1 of 1
54
- WATERLINE EASEMENT SUMMARY
Grantee (City) shall bury the water pipeline to have a minimum ground cover of 42".
Grantee shall restore the surface of the easements to their original condition.
Grantee shall perform periodic inspections of the pipeline.
Grantee may construct and install only those above-ground appurtenances depicted
on Exhibits E through I.
Grantee shall have the right of ingress and egress to the easement areas only at
the points where the easements enter the Grantor's lands. Grantee is not allowed
to cross over or enter at any other point.
The compensation received by the Grantor is for the Grantee's right to construct the
pipeline, crop damages, and other actual damages during the initial construction
period only. Subsequent damages caused by maintenance, inspection, repair and
operation will be paid by the Grantee.
Upon entering the Grantors land for inspecting, maintaining, or repairing; Grantee
shall restore and leave the Grantor's land at the same elevation as was prior to
entering. Grantee shall pay for damages incurred to grass and crops as a result of
entering the land.
Upon completion of the construction, Grantee shall fill any and all ditches, ruts,
holes, and depressions in order to restore the land. Grantee shall use "double
ditching" in separating the top soil from the sub-surface soil throughout the project
and in subsequent excavations.
Grantee shall not impede or obstruct the natural drainage of the Grantor's land.
Grantor reserves unto themselves the right to use and enjoy the land within the
easement area for ranching, farming, and any other purpose. Grantor reserves the
right to grant rights-of-way and easements crossing or paralleling the Grantee's
easement. Grantor reserves the dght to construct fences and roads across the
Grantee's easement, providing it does not interfere with the Grantee's operation of
the pipeline.
In the event there is a breach of any convenant and either party retains services for
legal counsel in order to recover damages for such breach, then the loser of the
dispute agrees to pay the reasonable attorney's fees of the winner of the dispute.
55 Exhibit E
Page i of 2
10.
11.
12.
13.
To the extent allowed by Texas law, Grantee shall indemnif~ and hold Grantor
harmless from and against all claims and damages against the Grantor.
The Grantee's dghts to this easement will terminate if the use of the easement
ceases for a consecutive 36 month period. Upon termination, Grantee is obliged
to remove the pipeline.
Notices must be sent in wdting to the addresses specified in the easement
instrument.
This agreement is assignable, in whole or in part, by either party. Grantor's
approval is required for any assignment.
\\ENGINEERING\DATAI\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Braman\Watedine Easement Summary.doc
Exhibit E
56 Page 2 of 2
AGENDA MEMORANDUM
September 19, 2000
SUBJECT:
Condemnation of Parcels 8 & 9
Southside Water Transmission Main - O.N. Stevens Plant to Clarkwood Road
Project #6087
AGENDA ITEM: Resolution authorizing condemnation proceedings by the City to
condemn Parcels 8 and 9 located in a 54.12 acre tract out of Shares 3 and 4, John Harney
Partition which is southwest of Yellow Oak Avenue in Calallen from the owner Tamez
Development Corp. in connection with the Southside Water Transmission Main project -
O.N. Stevens Plant to Clarkwood.
ISSUE: The Southside Water Transmission Main - O.N. Stevens Plant to Clarkwood Road
project calls for the acquisition of Parcels 8 & 9 for the construction of a major water
transmission main. Negotiations with the landowner have reached an impasse and require
condemnation proceedings.
RECOMMENDATION: Approval of the resolution as presented.
Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Background Information
Prior Council Action
Location Map
Information Summary
~\ENGINEERING\DATAt\HOMI=\EUSEBIOG\GENV~genda Iterns\SS Water trans. Tamez~Agenda Memorandum.doc
57
BACKGROUNDINFORMATION
SUBJECT:
Acquisition of Parcels 8 & 9.
Southside Water Transmission Main - O.N. Stevens Plant to Clarkwood Road
Project #6087
PRIOR COUNCIL ACTION: See Exhibit "B."
FUTURE COUNCIL ACTION: Council will be required to:
1. authorize the acquisition of these parcels and expenditure of funds from the Water
Capital Projects Fund (Commemial Paper); and
2. authorize the approval of any other parcels in the project where acquisition cost
exceeds $15,000; and
3. authorize the condemnation of any parcels where negotiations have reached an
impasse.
OVERVIEW:
Background: In June, 1998, Council awarded an engineering contract to Urban
Engineering for the Southside Transmission Main Project - Phase I (ONSWTP to
Clarkwood Road). The Staples Street Pumping Plant was considered to be one of
the later phases of the project. However, low water pressure has been an ongoing
problem for the City's south side throughout the summers of 1997, 1998 and 1999.
The feasibility report for proceeding with construction of the Staples Street Pumping
Plant concluded that such action would alleviate the low pressure problems during
peak demand hours as an intedm measure. Therefore, acceleration of the Staples
Street Pumping Plant project was proposed to meet customer demands for delivery
of adequate water pressure in the south side of Corpus Christi.
The Council-approved 1997 Water Distribution System Master Plan Update
recommended a new Southside Transmission Main from the Stevens Water Plant
to a new pumping plant to alleviate inadequate water supply and pressure problems
experienced during peak demand periods in Pressure Zone 2 (essentially east of
Everhart Road). The new transmission main will substantially increase the hydraulic
capacity of the delivery system from the Stevens Plant and will be the primary
supply source for the Staples Street Pumping Plant.
Parcel Information: Parcels 8 & 9 are located within a 54.12 acre tract of land from
Share 3 and 4, John Hamey Partion in the Calallen area. Parcel 8 is adjacent to
Calallen East Elementary School. The combined parcels consist of a 40 foot wide
utility easement containing .776 acres and a 70 foot wide temporary construction
easement containing of 2.028 acres. The utility easment is located northeast of and
adjacent to an existing 40 foot wide City of Corpus Chdsti waterline easement. The
temporary construction easement is located southwest of the existing 40 foot
Exhibit A
59 Page 1 of 1
easement. These parcels are being acquired for the construction of a 60" diameter
water transmission main from the O.N. Stevens Plant to Clarkwood Road.
The land in consideration consists of vacant farmland and is used for cultivation of
crops. City staff has negotiated on the basis of this current use. Staffs offer,
based on the appraised value of $ 4,796, was rejected by the landowner.
Negotiations have reached an impasse and require the authorization of
condemnation proceedings. A title company is not involved in acquisition by
condemnation.
H:\HOME\EUSEBIOG\GEN~Agenda Iterns\SS Water Trans. Braman\Background.doc
Exhibit A
Page lof2
60
PRIOR COUNCIL ACTION
1. September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water Plan
(M97-246)
2. September 9, 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
3. December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174).
4. June 16. 1998 - Award of an engineering services contract in the amount of $706,140
to Urban Engineering for the Southside Tansmission Main - O.N. Stevens Plant to
Clarkwood Road (M98-208).
5. September 22. 1998 - Approval of Amendment No. 1 in the amount of $298,505 to the
contract with Urban Engineering expanding the scope of engineering services for the
Southside Tansmission Main - Stevens Plant to Clarkwood Road project to include the
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir (M98-327).
6. November 10. 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474).
7. March 23. 1999 - Approval of site selection and authorization to proceed with acquisition
(M99-078).
8. March 23.1999 - Amendment to the FY98-99 Capital Budget to revise the scope of the
Staples Street Pumping Plant project by accelerating a portion of the South Staples 42"
Southside Transmission Main from the proposed Staples Street Pumping Plant to
Yorktown Road (Ord. No. 023592).
9. March 23. 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for the
Southside Transmission Main (Stevens Plant to Clarkwood Road Project): Staples
Street Pumping Plant - New Pumping Plant and Storage Reservoir to include related
additional engineering services for a 42-inch watedine from the new pumping plant at
South Staples and County Road 43 to the existing 16-inch watedine near Country Creek
(M99-079).
10. May 18. 1999 - Award of purchasing centact to A&H Enterprises for two horizontal split
case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-142).
11. May 25. 1999 - Approval of condemnation proceedings for Parcel No. 1 (Res. 023645).
12. June 22. 1999 - Award of construction contact to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
13. July 20.1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703).
14. September 28, 1999 - Award of construction contract to Garney Company, Inc. for 42"
Watedine from New Pumping Plant at So. Staples and County Road 43 to Existing 16"
Watedine Near Country Creek for Staples Street Pumping Plant, Contract 4 (M99-342).
15. October 19.1999 - Award of construction contract to Lambda Construction for Staples
Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361).
16. April 11, 2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection with
the Southside Tansmission Main - Stevens Plant to Clarkwood Road project (M2000-
106).
17. Apdl 18, 2000 -Authorizing the condemnation of Parcels 19,24,28,29, and 30 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project.
(Resolution #024014)
\\ENGI NEER)NG~DATAI\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Braman\Pdor Council Action.doc
61
Exhibit B
Page 1 of I
Rle : \Mf~oject\councilexhlblfs\exh8194o
N
\~
PROPOSED WATD?
LiNE EASEME)ft'
~.~E~T PROPEIFn'
\\
CZTY PROJECT No. 8194a
LOCATI*ON MAP
NOT TO SCALE'
4
\\
EXItlBIT C
SOUTHSIDE WATER TRANSMISSION MAIN
PARCELS 8 & 9
62
CiTY OF CORPUS CHRIS71, TEX4S
CZTY COUNCIL EXHXBXT ~
DEPAR~ OF' EN~EERING ,~
PAGE: I of 1
DATE: 08-28-2000 ee, we, f
INFORMATION SUMMARY
Owner:
Location:
Zoning:
Size:
Total Length:
Platted:
Tax Value (1999):
Appraised Value:
Tamez Development Corp. (John C. Tamez)
Between Callicoate Rd. and Violet F~d., south of Yellow Oak Ave.
(adjacent to and southwest of Calallen East Elementary School).
R-l b, One Family Dwelling District
Parent tract -
Utility Easement taking -
Temp. Const. Easement-
54.12 acres
.776 acres (40 ft. wide)
2.028 acres (70 ft. wide)
1,020 linear feet (.193 mi.) of utility easement.
No
93,150 for 46.575 acres ($2,000 per acre)
4,900 per acre as per John A. Erickson, SRA.
Utility Easement - $1,901
Temp. Construction Esmt. - $ 994
Damages $1.901
Total Just Compensation $4,796
City's Offer:
Owner's Demand:
Note:
$4,796
$1 9,821 based on owner's appraised value of $20,250 per acre.
It is City staffs opinion that the owner's appraised value is in
excess of the land values present in the immediate area. In
addition, the owner's appraisal contains adjustments that are not
typical in the normal appraisal process.
Exhibit D
63 Page '. ,~ 1
RESOLUTION
AUTHORIZING CONDEMNATION PROCEEDINGS BY THE CITY TO
CONDEMN A UTILITY EASEMENT CONTAINING .776 ACRE AND A
TEMPORARY CONSTRUCTION EASEMENT CONTAINING 2.028 ACRES
OUT OF SHARES J & 4 OF THE JOHN HARNEY PARTITION, TO
CONSTRUCT A WATER TRANSMISSION MAIN IN CONNECTION WITH
THE SOUTHSIDE TRANSMISSION MAIN STEVENS PLANT TO
CLARKWOOD ROAD PROJECT AND FOR OTHER MUNICIPAL PURPOSES.
WHEREAS, it is necessary to acquire a utility easement to .776 acre and a
temporary construction easement containing 2,028 acres out of Shares 3 and 4 of the John
Hamey Partition, also known as Parcel Nos. 8 and 9, on behalf of the City to construct a
water transmission main in connection with the Southside Transmission Main - Stevens
Plant to Clarkwood Road Project and other municipal purposes.
WHEREAS, the City has made an offer to purchase Parcel Nos. 8 and 9 for the
sum of $4,796 based on the fair market value established by an independent appraiser;
and pursuant to Law the City has provided the Owners with appraisal reports.
WHEREAS, the Owners, Tamez Development Corp. and John C. Tamez, have
been unable to agree with the City on the fair market value of Parcel Nos. 8 and 9 and
further negotiations for settlement have become futile; and
WHEREAS, condemnation has become necessary in order to acquire the utility
easement containing .776 acre and a temporary construction easement containing 2.028
acres out of Shares 3 and 4 of the John Hamey Partition, also known as Parcel Nos. 8 and
9, save and except oil and gas fights.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City of Corpus Christi has transmitted a bona fide offer,
including appraisal reports, to the Owners (Tamez Development Corp. and John C.
Tamez) of the .776 acre for the utility easement and the 2.028 acres for the temporary
construction easement out of Shares 3 and 4 of the John Harney Partition, also known as
Parcels 8 and 9 as shown on the attached Exhibit "A", and the Owners and the City of
Corpus Christi have negotiated in good faith and cannot agree on the damages, and
further settlement negotiations are futile.
SECTION 2. That public necessity requires acquisition of Parcel Nos. 8 and 9,
save and except the City seeks to acquire no oil and gas fights.
64
SECTION 3. That the public necessity and convenience require condemnation of
the .776 acre for the utility easement and the 2.028 acres for the temporary construction
easement out of Shares 3 and 4 of the John Hamey Partition, also known as Parcel Nos. 8
and 9, in order to construct a water transmission main in connection with the Southside
Transmission Main - Stevens Plant to Clarkwood Road Project and for other municipal
purposes.
SECTION 4. That the City Attorney is hereby authorized and directed to
institute condemnation proceedings against Tamez Development Corp. and John C.
Tamez, Owners of the .776 acre for the utility easement and 2.028 for the temporary
construction easement out of Shares 3 and 4 of the John Harney Partition, also known as
Parcel Nos. 8 and 9, as shown on the attached Exhibit "A", which parcels are located in
Nueces County, Texas.
SECTION 5. That this resolution shall take effect immediately from and after its
passage.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved on ~. ~:~ ,2000; Jimmy Bray, Jr., City Attorney
By: Jos~/~arne(,Ass~it~'ity Attorney
65
CITY COUNCIL
AGENDA MEMORANDUM
September 19, 2000
AGENDA ITEM: Resolution authorizing the City Manager or designee to submit an
application to Texas Parks & Wildlife Community Outdoor Outreach Program Grant Funds in
the amount of $30,000 to increase outdoor opportunities for youth and minorities.
ISSUE: The Texas Parks and Wildlife Department requires a resc;lution be included with the
grant proposal.
BACKGROUND: The purpose of the grant program is to build relationships with non-
traditional constituencies who have been under-represented in Texas Parks and Wildlife
Department activities and programs. Texas Parks and Wildlife Depadluent base their grant
decisions on six criteria:
1. The number of participants served
2. The number ofparmerships
3. The ability to meet the project goal
4. Incorporating Texas Parks Wildlife Department programs and facilities into the
program
5. Include education as an element of project
6. Provide services to youth who are minorities, low-income, female, at-risk, 17 years of
age and younger, and physically or mentally disabled.
The Corpus Christi Park and Recreation Department is proposing to offer summer camps and
programs to youth between the ages of 5-17. The goals of the proposed camps and programs are
to introduce outdoor activities to youth, educate youth on Texas Parks and Wildlife Depa~Unent
topics, demonstrate how outdoor activities are positive altematives to illegal activities and
develop team building and leadership skills. The Park and Recreation Department will partner
with other organizations and departments to attract minority students who are female, low-
income, at-risk and/or physically disabled. Camps will include an educational element such as
swimming, fishing and environmental concems of Texas. It will also include field trips to Texas
State Parks. Corpus Christi Park and Recreation Department will organize all activities and will
provide the camps free to the participants.
IMPLEMENTATION SCHEDULE: The deadline for submission of the grant application is
October 1, 2000. Texas Parks and Wildlife Department will notify applicants by December 15,
2000.
Recommendations: Approval of a resolution
ADDITIONAL SlIPPORT MATERIAL
Background Information []
Contract Summary []
Ordinance/Resolution ·
Map(s) []
Marco A. Cisneros, Director
Park and Recreation
67
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT AN
APPLICATION TO TEXAS PARKS AND WILDLIFE FOR COMMUNITY
OUTDOOR OUTREACH PROGRAM (CO-OP) GRANT FUNDS IN THE
AMOUNT OF THIRTY THOUSAND DOLLARS ($30,000) TO INCREASE
OUTDOOR OPPORTUNITIES FOR YOUTHS AND MINORITIES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the City Manager, or designee, is authorized to submit an application to
Texas Parks and Wildlife lbr Community Outdoor Outreach Program (CO-OP) G,-~mt Funds in the
amount of Thirty ~rhousand dollars ($30,000) to increase outdoor opportunities for youths and
minorities.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved
,2000; James R. Bray, Jr., City Attorney
By:
Bryn Meredith, Assistant City Attorney
Brutes00.003
68
AGENDA MEMORANDUM
DATE: September 12, 2000
SUBJECT: Southmoreland Addition Street Improvements, Phase II - Project No. 6080
Final Assessment Roll
AGENDA ITEM:
Ordinance Amending Ordinance No. 023433 passed and approved by Council on
September 8, 1998 by amending Section 3 to adopt the final assessment roll and
assessments to be levied against the owners of property abutting on the following streets;
and declaring an emergency:
Southmoreland Addition St, Improvements, Phase II
Naples Street - Blevins Street to Richards Street
Lewis Street ~ Blevins Street to Richards Street
Blevins Street - Ayers Street to Naples Street
Richards Street - Ayers Street to Naples Street
ISSUE: At property owners requests, adjustments were made to assessable items
(changes in widths and other items) during construction. For this reason the total
assessments decreased from $134,044.11 to $132,916.58, Council approval is required
to amend the preliminary assessment roll to reflect the cost of actual construction.
RECOMMENDATION: Approval of the ordinance as presented.
Attachments:
Exhibit A. Background Information
Exhibit B. Summary
Exhibit C. Loca~on Map
H:~IOME~KEVINS\GEN~STREETS~SOUTHMOR\!AGENDA,M
69
BACKGROUNDINFORMATION
SUBJECT: Southmoreland Street Improvements, Phase II, Final Assessment Roll
Naples Street - Blevins Street to Richards Street
Lewis Street - Blevins Street to Richards Street
Blevins Street - Ayers Street to Naples Street; and
Richards Street - Ayers Street to Naples Street
PRIOR COUNCILACTION:
Approval of community development bond grant funds for this project,
July 28, 1998 - Resolution determining the necessity for and ordering the
improvement to the Southmoreland, Phase II Streets Project (Resolution No.
023392).
July 28, 1998 - Resolution approving plans and specifications for improvements to
the Southmoreland Area Streets, Phase II; approving the Director of Engineering
Services Project Construction cost estimates; and setting a Public Hearing for
proposed assessments dudng the July 8, 1998 City Council Meeting (Resolution
No. 023393.
July 8. 1999 - Approval of Preliminary Assessment Roll (Ordinance No. 023433).
July 8, 1999 - Award of construction contract to W.T. Young Construction Co.
PROJECT DESCRIPTION: Project consists of new madway, 28 feet back to back of curb
and gutter, 4' & 5' wide sidewalks, driveway apron from property line to back of curb,
drainage facilities and utility improvements.
PROPOSED FINAL ASSESSMENT ROLL: The assessment roll prepared at project
inception totaled $134,044.11. However, during construction adjustments were made to
assessable items such as driveway widths and other items at property owners request.
For this reason total assessments totaled $132,916.58.
Exhibit A
Page 1 of 1 -
7O
SUMMARY
Southmoreland St. Improvements, Phase II - Project No. 6080
Type Funding:
Bid Date:
Number of Bidders:
Low Bidder:
Contract Award Amount:
Final Construction Cost:
Assessment Items:
Public Hearing Letters:
Appraiser:
Working Time:
Community Development Bond Grant Funds
22nd Year - '96-97 - 85708-10
24th Year - '98-99 - 85908
July 1, 1998
3
W.T. Young Construction Co.
$845,690.00
$752,495.20
96
August 21, 1998
Ken Combs
160 Days
Exhibit B
Page 1 of 1
71
Rle : \Mproject\councilexhiblts\exh6OBO. dw,~
~j BALDWIN AVE.
VICINITY MAP -
mT ~ sc~ ' DEL MAR
"~711111 j ~ coLLEGE
TARL TON ST,
SOUTHMORELAND
PHASE ZI
EDWARDS
~ARL FON
RICHARDS
,J
ST.
CITY PROJECT No. 6080
LOCATION MAP
NOT TO SCALE
SOUTHMORELAND ADDITION
STREET IMPROVEMENTS
PHASE II
CiTY OF CORPUS CHRIST1, TEXAS 72
EXHIBIT "C"
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 09-13-2000
SUMMARY
Southmoreland St. Improvements, Phase II - Project No. 6080
Type Funding:
Bid Date:
Number of Bidders:
Low Bidder:
Contract Award Amount:
Final Construction Cost:
Assessment Items:
Public Hearing Letters:
Appraiser:
Working Time:
Community Development Bond Grant Funds
22nd Year - '96~97 - 85708-10
24th Year - '98-99 - 85908
July 1, 1998
3
W.T. Young Construction Co.
$845,690.00
$752,495.20
96
August 21, 1998
Ken Combs
160 Days
73
FinalAssessment Roll
Southmoreland Addition Street Improvements, Phase II
Naples Street - Blevins Street to Richards Street
Lewis Street - Blevins Street to Richards Street
Blevins Street - Ayers Street to Naples Streets; and
Richards Street - Ayers Street to Naples Street
The streets shall be constructed by excavation to a width and depth to permit the laying of a standard
6" curb and gutter section, 8" compacted lime stabilized subgrade, 6" or I0' compacted caliche base.
1.5" Type "D" Hot mix asphaltic pavement. The streets shall be 28' wide and constructed within the
existing right-of-way. There will be a 4' and 5' wide standard reinforced concrete sidewalks 4" thick
and 6" thick reinforced concrete driveways.
The assessment rates have been calculated in accordance with the City's current assessment policy
and the low bid prices submitted by W.T. Young Construction Co. The assessment rates are as
follows:
Adjusted
Item Bi~us Assessment
Engineering Cost Rates
6" C.G. & PVMT.-28'-0' B-B
Sidewalk - 4' & 5' Conc. SFvV
Driveways
$18.08 L.F. $ 2.07 S.F.
$ 4.21 S.F.
$18.08 L.F.
$ t .00 S.F.
$ 4.21 S.F.
Residential, Church & School Property
6" C.G. & PVMT.
Sidewalk (4' & 5')
Driveways
$ 9.75 L.F.
$ 1.00 S.F.
$ 4.21 S.F.
Cost 1/2 Street (C.G., Pavement & S/W
28' B-B)
Total Bid Price
Final Assessments
City Share
$845,690.00
132,916.58
$712,773.42
$38.64 L.F.
'AngetR. Escobar, P.E.
Director ofEngineefing Services
74
AN ORDINANCE
AMENDING ORDINANCE 023433 PASSED AND APPROVED ON
SEPTEMBER 8, 1998, BY ,~LMENDING SECTION 3 TO ADOPT TIlE FINAL
ASSESSMENT ROLL AND ASSESSMENTS TO BE LEVIED AGAINST TltF.
OWNERS OF PROPERTY ABUTTING ON THEFOLLOWING STREETS:
SOUTHMORELAND ADDITION ST. IMPROVEMENTS, PHASE H
NAPLES STREET - BLEVINS STREET TO RICHARDS STREET
LEWIS STREET - BLEVINS STREET TO RICHARDS STREET
BI,F, VINS STREET - AYERS STREET TO NAPLES STREET
RICHARDS STREET - AYERS STREET TO NAPLES STREET
AND DECLARING AN EMERGENCY.
NOW, TItEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That Ordinance 023433 passed and approved on September 8, 1998, be mended by
mending Section 3 to adopt the final assessment roll and assessments to be levied again.qt the
owners of property abutting on the following streets Naples Street - Blevins Street to Richards Street,
Lewis Street - Blevins Street to Richards Street, Blevins Street - Ayers Street to Naples Street,
Richards Street - Ayers Street to Naples Street, a substantial copy of which is attached a~d
incorporated as Exhibit A.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
Ki'I'EST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary
Approved ~' /.~i ,2000
James R. Bray, Jr.
City Attorney
t City Attomey
Samuel L. Neat, Jr., Mayor
H:~LEG_DIR~SHINDA,JOHNXORD00.100xJpBORD00.105 75
Corpus Christi, Texas
day of ,2000.
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the masons set forth in the emergency clause of the foregoing ordinance an emergency exists
requiting suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Hem'y Garrett
Dr. Arnold Gonzaies
Rex A. Kinnison
Betty Jean Longoria
John Longo~a
Mark Scott
H:xLEG-D~XSHINDAUOHN~ORD00. 100~J PBORD00. 105
76
AGENDA MEMORANDUM
DATE: September 19, 2000
SUBJECT: Telecommunications InfTastructure Fund Board and
Corpus Christi Public Library Foundation grants
AGENDA ITEMS:
a) Motion authorizing the City Manager or his designee to accept a library technology grunt in the
amount of $161,800 and to execute grant acceptance documents with the Telecommunications
Infrastructure Fund Board for the period of October 2, 2000 to December 31,2001. The funds will
be used to purchase personal computers and related equipment and services at all branches of the
Corpus Christi Public Libraries.
b) Ordinance appropriating $161,800 from the Telecommunications Infrastructure Fund Board in
the No. 1050 Federal/State grants fund for Telecommunicatioas Infrastructure Improvements at the
Corpus Christi Public Libraries.
c) Motion authorizing the City Manager or his designee to execute a Gift Agreement with the
Corpus Christi Public Library Foundation, Inc. in an mount not to exceed $18,000. These funds
will be used to match $161,800 in grant funds from the Telecommunications Infrastructure Fund
Board.
d) Ordinance appropriating $18,000 from the Corpus Christi Public Library Foundation, Inc. in the
No. 1050 Federal/State grants fund as matching funds for the Telecommunications Infrastructure
Fund Board LB6 grant.
ISSUE:
The Telecommuuications Infrastructure Fund Board (TIFB) was created during the 74th Legislative
session in 1995 to fund telecommunications projects in schools, public libraries, community
colleges, universities and not-for-profit healthcare facilities.
The library technology grants are designed to allow public libraries to incorporate high-speed
Internet access as a research, communication, and information delivery tool. The $160,800 grant
will allow the Corpus Christi Public Libraries to purchase 51 high speed personal computers as well
as related equipment, software and cabling. The computers will be available for public use and will
be used to train the public to use the Interact.
This is the second TIFB grant that the Corpus Christi Public Libraries has received. The library
recently completed implemented a grant in the mount of $108,000.
WordPe~ecfiTIF-ag.mem.as
-1-
77
Page Two ~
The Corpus Christi Public Library Foundation will provide $18,000 in required matching funds.
The library still needs to identify other funds for fumishings and remodeling.
REQUIRED COUNCIL ACTION:
Contracts in excess of $15,000 and appropriation of funds require City Council action.
PRIOR COUNCIL ACTION:
Resolution No. 024103 (July 13, 2000) authorizing the City Manager or his Dcsignee to submit a
grant application to the Telecommunicatious Infi'astmcture Fund Board up to $180,000 for
Telecommunications Infrastructure Improvements at the Corpus Christi Public Libraries
FUTURE COUNCIL ACTION:
Purchases over $15,000.
RECOMMENDATION:
Staff recommends acceptance of grants and appropriation of funds.
Herb Canales
Director of Libraries
WordPcff~ct\TIFoag.mcm.a.s
°2-
78
ORDINANCE
APPROPRIATING $161,800 FROM THE TELECOMMUNICATIONS
INFRASTRUCTURE FUND BOARD IN THE NO. 1050 FEDERAL/STATE
GRANTS FUND FOR TELECOMMUNICATIONS INFRASTRUCTURE
IMPROVEMENTS AT THE CORPUS CHRISTI PUBLIC LIBRARIES; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $161,800 is appropriated from the Telecommunications Infrastructure Ftmd
Board in the No. 1050 Federal/State Grants Fund for telecommunications infrastructure
improvements at the Corpus Christi Public Libraries.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached,
the City Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective adminis~ation of City affairs and (2) suspends the Charter
rule that requires consideration of and voting upon ordinances at two regular meeth~gs so that this
ordinance is passed and takes effect upon first reading as an emergency measure this the __
day of ,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary
Samuel L. Neal, Jr., MAYOR
City Attorney
By:
L~a~guila~;d
Assistant City Attorney
H:I,LEG-DIR~VERONICA\LISAiORD2 ORD2.203
79
ORDINANCE
APPROPRIATING $18,000 FROM THE CORPUS CHRISTI PUBLIC
LIBRARY FOUNDATION, INC. IN THE NO. 1050 FEDERAL/STATE
GRANTS FUND AS MATCHING FUNDS FOR THE
TELECOMMUNICATIONS INFRASTRUCTURE BOARD LB6 GRANT;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION I. That $18,000 is appropriated from The Corpus Christi Public Library Fotmdation,
Inc. in the No. 1050 Federal/State Grants Fund as matching funds for the Telecommunications
Infrastructure Fund Board LB6 grant.
SECTION 2. That upon written request of the Mayor or five Council members, copy attached,
the City. Council (1) finds and declares an emergency due to the need for immediate action
necessary for the efficient and effective administration of City affairs and (2) suspends the Charter
mie that requires comideration of and voting upon ordinances at two regular meetings so that this
ordinance is passed and takes effect upon furst reading as an emergency measure this the __
day of .2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., MAYOR
APeROVED aJt~-~h~x~ [~ ,2000
James R. Bray, Jr.
City Attorney
By:
Assistant City Attomey
80
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
September 12, 2000
A. Motion authorizing the City Manager or his designee to execute a $29,927 grant
agreement with Council of Governments for a pilot program to determine the most
effective manner to increase awareness and participation in recycling.
B. Ordinance appropriating $29,927 from the Coastal Bend Council of Governments in the
NO. 1050 Federal/State Grants Fund Governments for a pilot program to determine the
most effective manner to increase awareness and participation in recycling; and
declaring an emergency.
C. Motion authorizing the City Manager or his designee to execute a $20,173.35 grant
agreement with the Council of Governments fund for purchase of a truck for the Solid
Waste Compliance Office.
D. Ordinance appropriating $20,173.35 from the Council of Governments in the No.1050
Federal/State Grants Fund for pumhase of a truck for the Solid Waste Compliance
Office; and declaring an emergency.
E. Motion authorizing the City Manager or his designee to execute a $11,000 grant
agreement with the Council of Governments for purchase and distribution of three
issues of a newsletter for children within the five school districts to promote recycling,
household hazardous waste, solid waste reduction, and cornposting programs.
F. Ordinance appropriating $11,000 from the Council of Governments in the No.1050
Federal/State Grants Fund for purchase and distribution of three issues of a newsletter
for children within the five school districts to promote recycling, household hazardous
waste, solid waste reduction, and composting programs; and declaring an emergency.
G. Motion authorizing the City Manager or his designee to execute a $2,173.35 grant
agreement with the Council of Governments for the purchase of "STOP TRASHING
CORPUS CHRISTI" caps to acknowledge clean-up volunteers.
H. Ordinance appropriating $2,173.35 from the Council of Governments in the No.1050
Federal/State Grants Fund for the purchase of "STOP TRASHING CORPUS CHRISTI"
caps to acknowledge clean-up volunteers; and declaring an emergency.
I. Motion authorizing the City Manager or his designee to execute a $14,025 grant
agreement with the Council of Governments to develop and broadcast Public Service
Announcements for public awareness and public participation in the HHW Management
Program.
J. Ordinance appropriating $14,025 from the Council of Governments in the No. 1050
Federal/State Grants Fund for public awareness and public participation in the HHW
Management Program; and declaring an emergency.
81
ISSUE: The City of Corpus Christi applied for a number of environmental grants through
the Coastal Bend Council of Governments (COG). Funding for the projects flows to the
COG from the TNRCC who obtains the monies from tipping fees from landfills across the
State. The COG has awarded five grants to the City. In order for the City to accept the
grants, the City Council must take action by formal resolution. All of the projects must be
completed by August 31, 2001.
RECOMMENDATION: I would recommend that the City Council approve the grants by
resolution. I have attached as background a briefing on each of the five grants.
W. Thomas Utter
Assistant City Manager
82
BACKGROUND INFORMATION
The City of Corpus Christi proposes to develop a pilot program to determine the most
effective and efficient way to increase awareness and participation in source reduction
and recycling. The proposed pilot program will include providing complimentary
recycling bins to a targeted population, meeting with neighborhood groups to discuss
source reduction and recycling, sending educational newsletters in utility bills in
targeted populations, and promoting source reduction and recycling through public
service announcements. A survey will be conducted in order to determine which
populations should be targeted for the complimentary bins and neighborhood meeting
and educational newsletters inserted in the utility bills. Through this pilot program, we
will determine:
· Does providing recycling bins increase participation in source reduction and
recycling?
· Do public service announcements increase participation in source reduction and
recycling?
· Do educational newsletters/~yers in the utility bills increase participation in source
reduction and recycling?
· Are individuals more likely to participate in source reduction and recycling when they
have received a complimentary bin, heard/watched public service announcement,
and received an insert in their utility bill?
· What are the barriers to recycling?
· What is the profile of recyclers and non-recyclers?
Funding Amount: $29,927
Beginning January 2, 2001, Solid Waste Compliance Officers will have the authority to
write citations (tickets) for littering and illegal dumping offenses committed in their
presence. The Patrol Truck will be used in the prevention of illegal dumping of
municipal solid waste by regular patrols of streets where dump sites are often reported.
If the Compliance Officer observes littering or illegal dumping taking place, a citation
may be issued to the violator(s). A regular patrol schedule will be established to
routinely drive on City streets to search for non-compliance violator(s). An estimated
250 city streets will be checked each week, (estimated 50 streets per day), and an
estimated 15,000 to 20,000 miles per year will be driven on the Second Patrol Truck.
Funding Amount: $20,173.35
In order to increase solid waste management awareness and participation, the City of
Corpus Christi has concluded early intervention is an essential element of life-long
habits. Therefore, the City of Corpus Christi's Solid Waste Department will purchase
83
educational materials for 4th grade students in the city's five area school districts. This
is a cost-effective means of conveying solid waste management messages to over
5,000 households a year. According the Census Bureau the average household in
Corpus Chdsti has 4 members. This would mean that this program may reach up to
20,000 individuals per year. This year will be the 5~ year the City of Corpus Christi
sponsors educational programs in elementary school. This includes recycling
educational programs via presentation to 2"d grade students and newsletters to 4t"
graders in the 5 area school districts. These education programs that targets
elementary school children continues to be an important avenue of waste reduction
education by incorporating solid waste reduction information as a part of the school's
curriculum.
Funding Amount: $1'1,000
4. STOP TRASHING CORPUS CHRISTI, a community-wide clean-up campaign, is a
government, community, and corporate partnership that effectively leverages resources
to achieve a cleaner environment and promotes positive attitudes and behaviors. The
program encourages, challenges, and promotes the action of citizens and businesses
to clean-up Corpus Christi. The City of Corpus Christi sponsors five clean-up events
throughout the year. Each event attracts an average of 600 volunteers. This grant will
provide funds to purchase 375 "STOP TRASHING CORPUS CHRISTI" caps which will
be given to volunteers and clean-up organizers in appreciation for their efforts and
recruiting additional volunteers to the clean-up events. The organizere will be
recognized at the Mayor's media conference and awards ceremony for their
volunteerism.
Funding Amount: $2,173.35
5. HHW (HHW') Collection includes the disposal of oil, paint, flammables, chemicals,
pesticides, batteries, tires and other hazardous materials. Participation in the HHW
collection program has declined since its inception in 1994. In 1994, 619 individuals
participated in one of the HHW collection day events. Since then, collection has
dropped to as low as 167 participants in October 1997 to 190 participants in February
1999 to 427 participants in November 1999 to 438 in February 2000. Of the 438
participants in February 2000, 156 of them were previous program participants. Of the
February 2000 participants who disposed of 260 paint items, 58% lived in the 78411,
78412, 78413, 78415 zip codes. Of those who participated in February's event, 222
reported learning about the event on television, 147 said they read about it in the
newspaper, 31 said they heard it on the radio, 36 reported they received a flyer, 18 said
that a friend had told them, 29 heard of the event through City offices, 10 reported other
means of finding out about the event. The City of Corpus Christi has determined that
a comprehensive public awareness campaign is needed to promote the HHW collection
days and to educate the public of the importance of properly disposing of HHW. This
grant will fund Public Service Announcements to educate and promote the disposal of
Household Hazardous Waste,
Funding Amount: $14,025
84
ORDINANCE
APPROPRIATING $29,927 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
FOR A PILOT PROGRAM TO DETERMINE THE MOST EFFECTIVE
MANNER TO INCREASE AWARENESS AND PARTICIPATION IN
RECYCLING; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $29,927 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for a pilot program to
determine the most effective manner to increase awareness and participation in
recycling.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2000·
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED: This/~//~day of~q-~eYr/~, 2000:
::Tes R. Bray, City ~
85
R04027A2.wpd
ORDINANCE
APPROPRIATING $20,173.35 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
FOR PURCHASE OF A TRUCK FOR THE SOLID WASTE COMPLIANCE
OFFICE; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $20,173.35 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for purchase of a truck for the
Solid Waste compliance office.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
,2000.
ATTEST:
THE CITY OFCORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This/--~ 7~day
James R. Bray, City Attorney
By: //~
SR~n~stagnt City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
,2000:
R04027B1 .wpd
86
ORDINANCE
APPROPRIATING $11,000 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
FOR PURCHASE AND DISTRIBUTION OF THREE ISSUES OF A
NEWSLETTER FOR CHILDREN WITHIN FIVE SCHOOL DISTRICTS TO
PROMOTE RECYCLING, HOUSEHOLD HAZARDOUS WASTE, SOLID
WASTE REDUCTION, AND COMPOSTING PROGRAMS; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $11,000 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for purchase and distribution of
three issues of a newsletter for children within five school districts to promote recycling,
household hazardous waste, solid waste reduction, and composting programs.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED: This/3'4 day of _S'~/'~,,Z---, 2000:
James R. Bray, Gity Attorney
By: C
City Attorney
R04027C 1 ,wpd 87
ORDINANCE
APPROPRIATING $2,173.35 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE NO. '1050 FEDERAL/STATE GRANTS FUND
FOR PURCHASE OF "STOP TRASHING CORPUS CHRISTI" CAPS TO
ACKNOWLEDGE CLEAN-UP VOLUNTEERS; AND DECLARING AN
EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $2,173.35 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for purchase of "STOP
TRASHING CORPUS CHRISTI" caps to acknowledge clean-up volunteers.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This/.~Ada
Y
James R. Bray, City Attorney
By: ~/~is~is~agntC.,~Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
,2000:
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88
ORDINANCE
APPROPRIATING $14,025 FROM THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE-NO. 1050 FEDERAL/STATE GRANTS FUND
FOR PUBLIC SERVICE ANNOUNCEMENTS TO INCREASE PUBLIC
AWARENESS AND PARTICIPATION IN THE HOUSEHOLD HAZARDOUS
WASTE MANAGEMENT PROGRAM; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $14,025 from the Coastal Bend Council of Governments is
appropriated in the No. 1050 Federal/State Grants Fund for public service
announcements to increase public awareness and participation in the household
hazardous waste management program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: This/274fday ofJ~cf,z~)~--
James R. Bray, City Attomey
By: . R~ja~;;;Tning_~
Sen~sistant City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
,2000:
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AGENDA MEMORANDUM
DATE: September 19, 2000
SUBJECT: Memorandum of interim Agreement with Texas A& M University
AGENDA ITEMS:
Resolution authorizing the City Manager or his designee to execute a one year Memorandum of
Interim Ag/veraent with Texas A & M University - Corpus Christi to share resources and expertise
and to cooperate on submitting grant applications for library services.
ISSUE:
The Library and the University have identified areas of possible cooperation. Examples identified
in the Memorandum of Interim Agreement include:
· To assist one another in drafting grant proposals for funding for programs which would be
mumally beneficial.
· To seek ventures in which the Library and the University could partner to obtain grants,
conduct research, provide volunteers for educational purposes, and join in other
appropriate pursuits following the missions of both entities.
For the University to provide faculty expertise and student assistance to assist the Library in
delivering educational services.
REQUIRED COUNCIL ACTION:
Resolutions require City Council action.
RECOMMENDATION:
Staff recommends approval of resolution.
Herb Canales
Director of Libraries
WordPerfect\TI F-ag. mere. ~
-1o
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
A ONE-YEAR MEMORANDUM OF INTERIM AGREEMENT WITH
TEXAS A&M UNIVERSITY-CORPUS CHRISTI TO SHARE RESOURCES
AND EXPERTISE AND TO COOPERATE ON SUBMITTING GRANT
APPLICATIONS FOR LIBRARY SERVICES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager or his designee is authorized to execute a one-year
Memorandum of interim Agreement with Texas A&M University-Corpus Christi to share resources
and expertise and to cooperate on submitting grant applications for library services. A copy of the
agreement is on file in the office of the City Secretary.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Approved this the i I day of
James R. Bray, Jr., City Attorney
By: Lisa Aguil~.A~4~4
Assistant City Attorney
Samuel L. Neal, Jr., Mayor
The City of Corpus Christi
,2000.
LOA~res.014
92
MEMORANDUM OF INTERIM AGREEMENT
BETWEEN
PUBLIC LIBRARIES, CITY OF CORPUS CHRISTI
TEXAS A&M UNIVERSITY-CORPUS CHRISTI
This Memorandum of Agreement is made this 24 day of August, 2000 between Public Libraries of the City
of Corpus Christi (herein referred to as "Library") and Texas A&M University-Corpus Christi (herein
referred to as "University").
WHEREAS, the University through its division of University Outseach has as its mission "extending
the resources of Texas A&M University-Corpus Christi to address the lifelong learning and development
needs of citizens and organizations throughout South Texas"
WHEREAS, the Library delivers information and educational services to the citizens of South Texas
to meet the needs of the public
NOW, THEREFORE, in consideration of the mutual agreements set forth herein, the University and the
Library will cooperate as described herewith.
I. The University and the Library mutually agree:
A. To supply letters of support to one another as each agency seeks grant support from other
funding sources in response to proposals which would benefit each agency.
B. To assist one another in drafting grant proposals for funding for programs which would be
mutually beneficial.
C. To seek ventures in which the Library and the University could parmer to obtain grants,
conduct research, provide volunteers for educational purposes, and join in other appropriate
pursuits following the missions of both entities.
D. To attend meetings held by the other agency which seem to have immediate relevance to the
aims of the attending agency.
II. The University agrees:
A. To seek faculty expertise and student assistance to assist the Library in delivering educational
services, given adequate notice by the Library.
IH. The Library agrees:
A. To share resources, as appropriate and as befitting University student needs upon University
request, with University students.
IV. Terms of the Agreement:
A. This Agreement shall be evaluated and reviewed annually by the University and the Library
for the purpose of making any mutually agreed revisions which may be deemed advisable or
necessary.
B. If either the University or the Library desires to terminate this Agreement, it may do so by
written notice delivered to the other party. Termination shall be effective one (1) month after
the date of delivery of such notice.
C. Dispute Resolution Process: The dispute resolution process provided for in Chapter 2260 of
the Texas Government Code must be used by Texas A&M Universi~'-Corpus Christi and the
93
Facility to attempt to resolve all disputes arising under this Agreement. The designated
individual of Texas A&M University-Corpus Christi for examining any claim or counterclaim
and conducting any negotiations related thereto as required under 2260.053 Subtitle F, Title
I 0 of the Government Code shall be the Director of Purchasing.
D. This Agreement is to exchange ideas and services, as appropriate, between the University and
the Library. This Agreement in no way is meant to imply any financial obligations on the part
of the University or of the Librat)', unless agreed to under separate contract.
E. The term of this Agreement is for a period of one year beginning August 24, 2000.
Texas A&M University-Corpus Christi
City of Corpus Christi
By:
Name:
Title:
Linda Avila, Dean
University Outreach
Public Library, City of Corpus Christi
Approved ~s to form:
James R. Bray Jr
City A~torney
Assistant City Attorney
BY:
Herb Canales
Director of Libraries
94
CITY COUNCIL
AGENDA MEMORANDUM
September 14, 2000
AGENDA ITEM: A resolution of the City Council of the City. of Corpus Christi petitioning
the Texas State Board of Insurance to approve and appoint inspectors employed by the
City of Corpus Christi as qualified inspectors, because of their training or experience, to
perform building inspections for the Texas State Board of Insurance.
ISSUE: The City of Corpus Christi has previously requested that the State Board of
Insurance allow qualified City building inspectors to perform windstorm insurance
inspections under the Texas Catastrophe Property Insurance Pool. City inspectors pass
the same testing and are certified in the same manner as those inspectors who are
employees of the State Department of Insurance. To date, the State Board of Insurance
has not allowed local inspection. At the direction of employees of the State Department
of Insurance at a recent meeting with the City, a resolution formally petitioning the Sate
Board of Insurance to approve and allow local inspectors is being presented. In order for
such a resolution to be submitted, the City Council must approve the resolution and
authorize its submission.
PRIOR COUNCIL ACTION: The City Council has discussed windstorm insurance on
many occasions with numerous actions beginning in 1973. The latest action was the
adoption of the new State Windstorm Code by the City Council as the City's Windstorm
Code on May 18, 1999.
RECOMMENDATION: Staff recommends approval ofthe resolution and the authorization
of the City Manager to submit the resolution to the Texas Board of Insurance.
W. Thomas Utter
Assistant City Manager
95
BACKGROUNDINFORMATION
In 1973, the Texas Catastrophe Property Insurance Pool Act was passed by the
State Legislature. The Act established an insurance pool that allows structures built
according to the property insurance code to be insured under the State insurance
pool This was done to provide for property insurance should pdvate insurance not
be available. The City of Corpus Christi adopted the 1973 Code as part of our
building code and our building inspectors inspected to that code. A change was
made to the code effective in 1998 which required that all new construction, repairs
or additions should be inspected or approved by the Texas Department of Insurance
for compliance if the property was to be certified as insurable by the pool. The most
recent major change occurred with the adoption of very stringent new regulations by
the Texas Department of Insurance which requires that all construction commencing
on or after September 1, 1998 must be built to resist wind pressures determined by
a national wind load provision known as ASCE-7-93 and must be inspected by a
"qualified inspector' or by an engineer.
Unfortunately, the only "qualified inspectors" as determined by the State Board of
Insurance are employees of the Texas Department of Insurance and Texas licenses
professional engineers appointed by the Insurance Commissioner.
Virtually all of our local building inspectors are qualified under the exact testing and
certification procedures as those "qualified inspectors" employed by the Texas
Department of Insurance. Since our inspectors inspect all new construction and all
permits for remodeling and additions, it would be a very easy effort on their part and
a much more efficient system to have our inspectors also inspect under the
Windstorm Code. We have also determined that because of procedural loopholes,
a number of properties are not being inspected by the Texas Department of
Insurance's inspectors, but are simply being certified by engineers after construction
is complete.
Approximately a week ago, Mayor Neal and City staff met with representatives of the
Texas Department of Insurance to discuss these issues in detail. Even though the
City has requested on a number of occasions that our inspectors be qualified as
"qualified inspectors" by the Texas Board of Insurance, the Texas Department of
Insurance representatives stated that the proper procedure was for the City to
officially petition the Texas Board of Insurance. Therefore, we are presenting a
96
petition in the form of a resolution to be considered by the City Council. The petition
specifically requests that the State Board of Insurance take the actions necessary
to designate those local building inspectors who are fully qualified through
appropriate testing and certification as "qualified inspectors." The City, in response,
will require the Texas Department of Insurance WPI-1, Application for Windstorm
Building Inspection, to be submitted together with a City building permit, therefore
allowing inspection of any new construction by a designated qualified local building
inspector during construction to insure compliance with the code.
97
A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI
PETITIONIN(' THE TEXAS STATE BOARD OF INSURANCE TO
APPROVE AND APPOINT INSPECTORS EMPLOYED BY THE CITY OF
CORPUS CHRISTI AS QUALIFIED INSPECTORS, BECAUSE OF THEIR
TRAINING OR EXPERIENCE, TO PERFORM BUILDING INSPECTIONS
FOR THE TEXAS STATE BOARD OF INSURANCE.
WHEREAS, the 62"d Texas Legislature passed the "Texas Catastrophe Property Insurance Pool
Act," Senate Bill 3 I, (codified as Article 21.49, Texas Insurance Code) which established the
Texas Catastrophe Property Insurance Association;
WHEREAS, the "Texas Catastrophe Property Insurance Pool Act" requires that all new
consauction, repairs, or additions which commenced on or after January 1, 1988 shall be
inspected or approved by the Texas Department of Insurance for compliance with the building
specifications in the Texas Windstorm Insurance Association, Plan of Operation, if the property
is to be certified as insurable by the Association;
WHEREAS, the 70th Texas Legislature passed House Bill 2012, (codified as Axticle 21.49,
Section 6A, Texas Insurance Code), amending the "Texas Catastrophe Property Insurance Pool
Act," which implements certain inspection requirements for structures to be considered insurable
property for windstom and hail insurance through the Texas Windstorm Insurance Association,
formerly known as the Texas Catastrophe Property Insurance Association;
WHEREAS, to be certified by the Texas Department of Insurance as insurable by the Texas
Windstorm Insurance Association, structures which commence construction on or after
September 1, 1998 shall be built to resist wind pressures determined from the wind load
provisions of ASCE 7-93, Minimum Design Loads for Buildings and Other Structures and shall
be inspected by a "qualified inspector';
WHEREAS, Section 6A(d) of the "Texas Catastrophe Property Insurance Pool Act" (codi~ed as
Article 21.49, Section 6A(d), Texas Insurance Code) provides that a "qualified inspector" is a
person determined by the Texas State Board of Insurance to be qualified to perform building
inspections, because of training or experience;
WHEREAS, the only "qualified inspectors" determined by the Texas State Board of Insurance
to be qualified to perform building inspections for the Texas State Board of Insurance are
employees of the Texas Department of Insurance and Texas licensed professional engineers
appointed by the Commissioner of Insurance to perform windstom inspections under
28 TAG § 5.4604;
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2
WHEREAS, the Texas Department of Insurance can only make inspections of a structure after
receipt of a WPI-1, Application for 14/indvtortn Building Inspection, and as the structure is being
built;
WHEREAS, if a structure is inspected and certified by a Texas licensed professional engineer,
then no official inspection will be made by the Texas Department of Insurance;
WItEREAS, all structures within the jurisdiction of the City of Corpus Christi are not now being
inspected by Texas Department of Insurance "qualified inspectors" during construction since
WPI-1, Application for Windstorm Building Inspection, are not being filed before construction
for non-engineered structures and engineered structures;
WHEREAS, in order to protect the health, safety, and welfare of its citizens, the City of Corpus
Christi desires to ensure that all structures within its jurisdiction are inspected by Texas
Department of Insurance "qualified inspectors" during construction;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION I. The Texas State Board &Insurance take such actions necessary to approve and
appoint inspectors employed by the City of Corpus Christi as "qualified inspecWrs", because of
their training or experience, to perform building inspections for the Texas State Board of
Insurance, provided that City of Corpus Christi inspectors meet the same employment
requirements as "qualified inspectors" employed by the Texas Department of Insurance.
SECTION 2. If Texas State Board of Insurance takes the necessary actions and approves and
appoints inspectors employed by the City of Corpus Christi as "qualified inspectors" in
accordance with Section 1 of this resolution, the City of Corpus Christi will, by ordinance,
require submission of engineered building plans to the City of Corpus Christi and a WPIo l to the
Texas Department &Insurance at the time an application is filed for a building permit with the
City.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neat, Jr.
Mayor
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99
CITY COUNCIL
AGENDA MEMORANDUM
September t5, 2000
AGENDA ITEM: AN ORDINANCE AMENDING SECTION I OF ORDINANCE
NUMBER 024202, FINALLY PASSED ON SEPTEMBER 12, 2000, BY CLARIFYING
LANGUAGE IN SUBSECTION (A) OF SECTION 33-104 OF ARTICLE VI. GRAFFITI
CONTROL, CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER
33, OFFENSES AND MISCELLANEOUS PROVISIONS; PROVIDING FOR
SEVERANCE AND AN EFFECTIVE DATE; DECLARING AN EMERGENCY: AND
PROVIDING FOR
ISSUE: It was clearly expressed in the presentation to City Council on September 12
that the property owner could avoid responsibility for removal of graffiti by simply
consenting to removal by a volunteer organization. However, the use of the word "or" in
the language ".. .the owner fails to remove or [emphasis added] fails to consent to
removal . . ." in subsection (a) of sec. 33-104 could be interpreted as imposing
responsibility on the owner even though the owner consented to removal.
Therefore, it is recommended that the "or" be changed to "and" as shown in the
attached amending ordinance. This change will Glarify the ordinance so it is clearly
consistent with the presentation made to City Council on September 12.
REQUIRED COUNCIL ACTION: To effectuate the clarifying language, the City
Council must pass the amending ordinance. I.
RECOMMENDATION: We recommend passage of the attached ordinance as an
emergency so the graff~i ordinance can be impl,~~ '~
Doyle D. Curtis
Senior Assistant City Attorney
101
AN ORDINANCE
AMENDING SECTION 1 OF ORDINANCE NUMBER 024202, FINALLY
PASSED ON SEPTEMBER 12, 2000, BY CLARIFYING LANGUAGE IN
SUBSECTION (A) OF SECTION 33-104 OF ARTICLE VI. GRAFFITI
CONTROL, CITY CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS;
PROVIDING FOR SEVERANCE AND AN EFFECTIVE DATE; DECLARING
AN EMERGENCY; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION ;I. Section 1 of Ordinance Number 024202, finally passed on September 12,
2000, is amended by clarifying language in Subsection (a) of Section 33-104 of Article VI.
Graffiti Control, City Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and
Miscellaneous Provisions, to read in pertinent part as follows:
"ARTICLE VI. GRAFFITI CONTROL
DIVISION 2. OFFENSES
Sec. 33-104. Removal of graffiti by property owner; City removal of graffiti upon
failure of property owner to do so; notice required.
(a) Property owners failure to remove graffiti. A person commits an offense if the
writ. ten notice provided by the City in accordance with subsection (e) of this section when
the graff'~i is visible from:
(1) A public place;
(2) Public right-of-way; or,
(3) Another person's property.
102
2
SECTION 2. Except as amended by Section 1 of this ordinance, Ordinance Number
024202 passed on second and final reading on September 12, 2000, remains in full force
and effect.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 4. Section 1 of this ordinance is effective upon final adoption by the City
Council.
SECTION 5. Publication shall be made in the official publication of the City of Corpus
Chdsti as required by the City Charter of the City of Corpus Chdsti.
SECTION 6. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and(2) suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this 19~ day of September, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Chdsti
APPROVED AS TO LEGAL FORM September 14, 2000
James R. Bray, Jr.
Senior Assistant City Attorney
H:~LEG-DI R~NOEMI~)DCURTISWIYDOCS~2000~ORD2000.100\Ordina n c.es~Ddc~rdO0, 153
Page 3 of 3 --
Corpus Chdsti, Texas
day of ,20
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency cla use of the foregoing ordinance an emergency exists
requiring suspension of the Charter rule as to consideration and voting upon ordinances at two
regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this
ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr., Mayor
City of Corpus Chdsti
Council Members
The above ordinance was passed by the following
Samuel L. Neal, Jr.
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
Betty Jean Longoria
John Longoria
Mark Scott
vote:
H:~L.EG-DIRINOEMRDDCURT1SIMYDOCS~2000~ORD2000, 100\Ordinanc,es%Ddcord00.153
104
ORDINANCESTATUS
AGENDAITEM:
1. Amending the City Code of Ordinances, City of Corpus Christi Chapter 12, Boats, Bays
and Waterways, Article I. In General Section 12-32. No Wake Zones, by adding
provisions establishing a No Wake Zone on the entire width of Packery Channel
adjoining the residential developments fronting Packery Channel; providing for
severance; providing for an effective date; and providing for publication.
FIRST READING:
September 12, 2000
Passed: 9-0 (unanimously)
FINAL READING:
September 19, 2000
COMMENTS:
105
S.P.I.D.
Slow,No Wake Zone Boundary
Slow,No Wake Zone Boundary : ': ,) ;'-':~'~'¢~4}J
Hwy. 361
Packery Channel "Slow, No Wake" Zon~e
108
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The city has recently received complaints from many Packery Channel residents
about speeding boat traffic that is passing through the channel. These residents
have mentioned that they are concerned about swimmer safety, noisy traffic and
possible wake damage to their adjoining property. There are about 16
residences in that part of Packery Channel. They have petitioned to have the city
instaft "No Wake" buoys in the area to try and slow this traffic down. The
residents have expressed that the main offenders usually are using personal
watercraft and proceeding too close to the residences and boat docks in the
area.
The west side of the Island is already included in the ordinance section that deals
with "No Wake" zones. However, the Packery Channel area is not included in
the existing ordinance. Therefore, in order to make any changes in where "Slow,
No Wake" signs may be placed, the City Council must first change the existing
ordinance.
The Water/Shore Advisory Committee had a couple of residents that came to
their meeting and expressed their concern about the lack of a "No Wake" zone in
their area around Packery Channel. They specifically asked that the city
establish a "No Wake" zone from the Hwy. 361 Bridge to the farthest residence
bordering on Packery Channel in the area north of the bridge. The committee,
at their July 6, 2000 meeting, voted unanimously to recommend that the City
Council consider amending the City Code of Ordinances to allow for a "No Wake
Zone" for the area in question.
At the current time, the city does not have any enforcement capabilities utilizing
city resources on the water to enforce this ordinance. The city relies on the
Texas Parks and Wildlife Department staff and Coast Guard staff to enforce the
"No Wake" zone designation in all areas outside of the Corpus Chdsti Madna.
That is also why these entities have requested this ordinance change in the past.
It should also be noted that this ordinance amendment, if adopted, would need to
possibly be rescinded once the North Padre Island Storm Damage Reduction
and Environmental Restoration Project has been completed and opened for
operations. An open channel of that magnitude would not call for a "Slow, No
Wake" zone designation.
107
AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI CHAPTER 12, BOATS, BAYS AND WATERWAYS, ARTICLE I.
IN GENERAL, SECTION 12-32. NO WAKE ZONES, BY ADDING
PROVISIONS ESTABLISHING A NO WAKE ZONE ON THE ENTIRE
WIDTH OF PACKERY CHANNEL ADJOINING THE RESIDENTIAL
DEVELOPMENTS FRONTING PACKERY CHANNEL; PROVIDING FOR
SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 12 of the Code of Ordinances, Article I., Section 12-32. is mended to read
as follows:
Sec. 12-32. Slow, No wake Wake zones.
(a) All man-made canals adjacent to and through residential developments and the entire
width of Packerv Channel adjoining the residential developments fronting Packerr Channel shall be
designated "Slow. no N_.9 ;; -akc Wake" zones.
(b) The speed linxit in all ,nan-made canals adjacent to residential dcvclc, pmcnts shall bc four
(4) t.ilcs p,,t horn.
(b) "Slow, No Wake" means the operation of a watercraft at the slowest possible forward
speed necessary to maintain steerage and so as to create no breakina wave.
(c) It shall be unlawful for any person to operate a watercraft in a "Slow, No Wake" zone at
any speed in excess of the slowest possible forward speed necessary to maintain steerage or at a
speed which creates a breakin~ wave.
(d) Any property owners association or group of property owners associated with th___e
residential developments adiacent to and throueh the such man-made canals adjacent to rcsidc.tial
developments may purchase, install and must maintain. buoys upon which arc posted the no wakc
zonc notices. and/or the four (4) mile pcr hour spcc4 limit land based "Slow, No Wake" signs on
each side of the man-made canal where the "Slow. N~ Wake" zone beeins. The location. size, and
11o
CITY COUNCIL
AGENDA MEMORANDUM
August 21,2000
AGENDA ITEM:
Ordinance to amend City Code of Ordinance No. 12-32 by adding a "Slow, No
Wake" zone section for the Packery Channel area; providing for an effective
date: and providing for publication.
ISSUE:
Some of the Packery Channel residents have submitted a petition to the city
regarding their concerns about the speeding and noisy boat traffic in the Packery
Channel area and specifically in the vicinity of their residences that back up to
the channel. They are requesting that the city establish a "Slow, No Wake" zone
in that area to control these speeding activities on the water.
REQUIRED COUNCIL ACTION:
The establishment of a "Slow, No Wake" zone for the Packery Channel area
would require an ordinance to amend the existing city code that deals with "No
Wake" zones but does not include the Packery Channel area. The City Council
must amend the City Code in order to establish this new "Slow, No Wake" zone.
RECOMMENDATION:
None
ALTERNATIVES:
The City Council may choose not to amend the City Code of Ordinances to allow
for this "Slow, No Wake" zone.
BOARDICOMMI'I'rEE REVIEW:
The Water/Shore Advisory Committee, at their July 6, 2000 meeting, voted
unanimously to recommend that the City Council consider amending the City
Code of Ordinances to allow for a "No Wake Zone" for the Packery Channel
area. The committee had taken this action in response to a petition that they had
received from some of the residents living in the Packery Channel area. The
petition called for city action as needed to help curb the speeding boats in that
area.
Marco A. Cisneros, Director,
Park and Recreation Department
ADDITIONAL SUPPORT MATERIAL
Background Information X
Contract Summary
Ordinance/Resolution X
Map{s) X
106
2
wording of the land based signs must be coordinated with the Citv's Park and Recreation
Department.
(c) Thc placcmcnt and typc of any such no ~vakc buoy must bc coordinatcd ~vith and
approvcd by thc city's park and rccrcation dcpartnlcnt prior to installation.
(e) Any property owners association or ~roup of property owners residing beside the "Slow.
No Wake" zone in Packerr Channel mav purchase, install, and must maintain "Slow. No Wake"
signs on land at each of the four comers of the "Slow, No Wake" zone. The location, size, and
wording of the land based signs must be coordinated with the City' s Park and Recreation Department
and any other local governmental authorities.
(f) No one may be cited for a violation of subsection (c) of this section unless the land based
"Slow. No Wake" signs are installed in accordance with subsection (d'} of this section in the case of
man-made canals adjacent to and through residential developments and subsection (e) of this section
in the case of Packerr Charmel.
(g) Any property owners association or group of property owners residing adiacent to the
"Slow, No Wake" zones described in subsection (a) of this section. may purchase. install and must
maintain buoys upon which may be posted a "Slow. No Wake" notice. The placement and type of
such "Slow, No Wake" buovs must be coordinated with the Citv's Park and Recreation Department.
(h) Any property owners association or group oforopertv owners intending to install "Slow.
No Wake" buoys in a navigable water way must comply with all federal regulations regarding United
States Coast Guard permission prior to the installation of the buovs.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for
its purpose.
SECTION 3. Section 1 of this ordinance is effective upon final adoption by the City Council.
SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as
required by the City Charter of the City of Corpus Christi.
Bmord00 115
111
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September 19, 2000)
Case No. 0700-03. GAJ Holding: A change of zoning ~'om an "R-1B' One-family Dwelling District to a
"B-I" Neighborhood Business Disttict on Loft Tract V, being .60 acre out of a 26.32 acre tract, located on the
northwest comer of Hayward Drive and South Staples Street.
Piannin~ Commission and Staff's Recommendation (08/02/00): Denied the "B-I"
Neighborhood Business District, and in lieu thereof, approved an "AB" Professional Office Dis~ct.
Recluested Council Action: Denial of the "B-I" Neighborhood Business District, and in lieu thereof,
approval of an "AB" Professional Office District and adoption of the attached ordinance.
PurnoseofRetluest: To develop the property with a rastaurant.
Summary: The applicant has requested a change of zoning fxom a "R-1B" One-family Dwelling District to a "B-I"
Neighborhood Business District in order to develop the vacant 0.60-acre tract as a fast food restaurant (Golden Fried
Chicken) with a drive-thru window. The subject property is bordered by existing single-family residences on the
north and west and fi'onts an arterial, South Staples Street, to the east and a local residential street, Hayward Drive,
to the south. Across South Staples Street and Hayward Drive, the area is zoned a "B-I" District and developed with
a laundry and dry cleaners. A "B-I" District on the subject property would be an expansion of the adjacent "B-I"
District, which is considered compatible when adjacent to residential areas. Although a "B-I" District is usually
appropriate when adjacent to an arterial, more consideration should be given to a district that is compatible to the
adjacent "B-I" District but affords morn protection to the single-family residences backing and siding up to the
subject property. A "B-1A" Dish-let would permit the proposed restaurant but would prohibit drive-through
windows; limit the hours of operation to between 6:30 a.m. and 10:00 p.m.; limit access to the arterial, South Staples
Street; and require the kitchen, service area, trash receptacles and grease traps to be set back no less than fifty (50)
feet from any adjacent residential district. At the hearing, the neighborhood clearly supported an "AB" District over
the "B-IA" because of the permitted restaurant uses, despite the "B-IA" performance standards. These
requirements would provide some protection to the adjacent residences.
The "AB" District will allow the owner to market the subject property for nonretail uses that typically generate less
traffic. It is apparent that the subject site is not considered desirable for single-family residential due to its comer
location and arterial frontage.
Annlicant's Position: The applicant does not concur with Planning Commission and Staffs recommendation.
Notification: Prior to the date of this memorandum, twenty-fore (24) notices were mailed to the property owners
within a 200-foot radius, of which none were returned in favor and seven (7) were retomed in opposition. The
subject property owner submitted a notice in favor. One (1) letter was submitted in opposition from outside the
notification area. Two (2) petitions in opposition were submitted with 31 signatures each. The 20% rule is in
effect. \
Director of Planning
113
Agenda Memorandum
September 19, 2000
Case No. 0700-03 (GAJ Holding)
Page 2
MG/MS/er
Attachments:
1) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinances
Pages
Pages
Pages
Pages
3-12
13-19
20-24
25-28
H:XPLN-D1RXERMA\WORD~AGENDMEMXO700-03AGENDAMEMO.DOC
114
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Descrintion~oca~on:
0700-03
July 19,2000
80-11 ~15B)
GAJHolding
Lott Tract V, being 0.60 acre out of a 26.32-acre tract, located on the northwest comer of Hayward
Drive and South Staples Street.
Area of Request:
Lot(s) Area:
Current Zoning:
Re__.~q.~:
Current Use of Pronertv:
Purnose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
0.60 acre (26,136 square feet)
Same as above.
"R- 1B" One-family Dwelling Di strict
"B-1" Neighborhood Business District
Undeveloped land.
Develop the property with a restaurant.
Not applicable.
North, West- "R-1B" One-family Dwelling District
South - "B-I" Neighborhood Business District
East - "A-I" Aparunent House District and "B-I" Neighborhood Business District with a "SP"
Special Permit
Adiacent Land Use:
North, West - Single-family residences.
South - (across Hayward Drive) Retail center.
East - (across S. Staples Street) Apartments and cleaners.
115
Zoning Repor~
Case No. 0700-03 (GAJ Holding)
Page 2
Number of Residential Units Allowed:
"R-1B" - 4 units (7.26 units per acre)
"B-I" - 23 traits (36.30 units per acre)
Estimated Traffic Generation:
Restaurant with drive-through window - 284 average weekday vehicle trip ends per 1,000 square
feet of gross floor area x 1,800 square feet = 511 average weekday vehicle trip ends.
Adjacent Streets/Classification:
a) South Staples Street - arterial
b) Hayward Drive - local
Right-of-Way Design
Current:
a) 100-foot right-of-way with a 61-foot back-to-back paved section.
b) 60-foot right-of-way with a 28-foot back-to-back paved section.
Planned:
a, b) Same as current.
1996 Traffic Count (24-hour. weekdav. non-directional):
a) 26,510 vehicles per day (at Carroll Lane).
b) None available.
Zoninle History of Pronertv:
In August 1998, the Platruing Commission denied a change of zoning request to a "B-I" Dislrict in
order to develop the property with a self-serve car wash. The applicant subsequently withdrew the
request.
Recent Surroundin~ Zoninl~ Cases:
In August 1994, Lots 2 and 3, Block 8, Carroll Lane Park Unit 2, located on the west side of South
Staples Street, south of Carroll Lane and south of the subject property, were granted a change of
zoning from a "B-1" District to a "B-3" District for an oil change facility.
116 ~
Zoning Report
Case No. 0700-03 (GAJ Holding)
Page 3
In Jane 1995, Lots 1 through 5, Block 1, Cooperdale Addition, located on the northeast comer of S.
Staples Street and Rosedale Drive and ~.ast of the subject property, was denied a change of zoning
to an "I-2~ District, and in lieu thereof, was granted a Special Permit for a dry cleaning and laundry
processing plant.
~oninR Inventory:
The subject property is part of a larger area currently zoned a "R- 1B" District. This district extends
north and west from the subject property and is predominantly developed with single-family
residences. To the east across South Staples Street, there is an area that extends east from South
Staples Street to Fort Worth Street and north to Texan Trail. This area is zoned an "A-1" District,
contains approximately 30 acres and is developed with single-story aparUncnts. To the south, there
are approximately 7 acres of land zoned a "B-1" District of which 3 acres contain a church and the
remaining 4 acres are developed with retail uses. West of South Staples Street the area zoned an
"R- 1B" District is developed with single-family residences.
Planninl Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "R-1B" One-family Dwelling District to a "B-1" Neighborhood Business District in
order to develop the vacant 0.60oacre tract as a fast food restaurant (Golden Fried Chicken)
with a drive-thru window. The subject property is bordered by existing single-family
residences on the north and west and fronts an arterial, South Staples Street, to the east and
a local residential street, Hayward Drive, to the south. Across' South Staples Street and
Hayward Drive, the area is zoned a "B-I" District and developed with a laundry and dry
cleaners. A "B-I" District on the subject property would be an expansion of the adjacent
"B-1" District, which is considered compatible when adjacent to residential areas. Although
a "B-I" District is usually appropriate when adjacent to an arterial, more consideration
should be given to a district that is compatible to the adjacent "B-I" District but affords more
protection to the single-family residences backing and siding up to the subject property. A
"B-1A" DisU'ict would permit the proposed restaurant but would prohibit drive-through
windows; limit the hours of operation to between 6:30 a.m. and 10:00 p.m.; limit access to
the arterial, South Staples Street; and require the kitchen, service area, trash receptacles and
grease traps to be set back no less than fifty (50) feet from any adjacent residential district.
At the hearing, the neighborhood clearly supported an "AB" District over the "B-IA"
because of the permitted restaurant uses, despite the "B-1A" performance standards. These
requirements would provide some protection to the adjacent residences.
The "All" District will allow the owner to market the subject property for nonretail uses that
typically generate less traffic. It is apparent that the subject site is not considered desirable
for single-family residential due to its comer location and arterial frontage.
117
Zoning Report
Ca~e No. 070003 (GAJ HoMing)
Page 4
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements taken into consideration can be supportive of the proposed
"B-I" District zoning. The Southeast Area Development Plan's future land use map
recommends the area to develop with medium-demity single-family development However,
given the subject property's arterial and the existing commercial area to the south, it is an
appropriate location to permit a business district that provides some protection to the
adjacent residences.
Potential Housing Density: The existing "R-1B" District area permits a density of 7.26 units
per acre or 4 units. The requested "B-I" District permits a density of 36.30 units per acre or
23 units. A "B-IA" District permits the same residential density as the "B-I" District With
the property having direct access to an arterial, the increase in density would not adversely
impact the street system or surrounding area.
Height/Bulk/Setbacks/Etc.: Development in a "R-1B" District requires a front yard setback
of 25 feet, side and rear yard setbacks of 5 feet each, and a height limitation of 35 feet, not
to exceed 3 stories. Both the "B-I" and "B-IA" Districts mittire a 20-foot front yard setback
with no side or rear yard setbacks required, unless adjacent to residential zoning. If adjacent
to residential zoning, the "B-1" District requires a 1 O-foot side and rear yard setback along
the residential adjaeency. The "B-1A" District requires a 10-foot side yard setback and a 15-
foot rear yard setback. If the "B-I" District is approved, the subject property would be
required to maintain a 10-foot setback from its north and east boundary line. If a "B-1A"
District is approved, development on the subject property would be required a 10-foot
setback from the north property line and a 15-foot setback from the west property line. The
"B-I" District limits the building height to 35 feet not to exceed three (3) stories; whereas,
the "B-1A" limits the height to 26 feet because of the subject property's adjacency to a
residential district.
Signa~e: The "R-1B" District permits only one wall sign, not to exceed a sign area of one
square foot. Freestanding signs are not permitted except for schools and churches which are
permitted a maximum of thirty (30) square feet. A "B-I" District permits unlimited wall
signs end one (I) freestanding sign per premise with a maximum sign area of forty (40)
square feet, not to exceed twenty (20) feet in height. The "B-1A" District permits one
freestanding sign per premise with a sign area of thirty (30) square feet or ¼ square foot per
linear frontage along an arterial, whichever is greater but not to exceed fifty (50) square feet.
The freestanding sign is limited to a height of fifteen (15) feet and must be set back at least
ten (10) feet from the public right-of-way. Wall signs in the "B-1A" District are limited to
one square foot per linear foot of wall frontage having a door for public use. The wall sign
may not face a residential district unless it is more than fifty (50) feet from the residential
district.
118 (~
Zoning Report
Case No. 0700-03 (GAJ Holding)
Page 5
Traffic: The subject property has direct access to an arterial, S. Staples Street, and tiontage
along a local residential slxeet,. Hayward Drive. The majority of the traffic accessing
Hayward Drive would exit onto S. Staples Street, thus the traffic impact on the adjacent
residential would be minimal. The traffic heading west on Hayward Drive would be
residential traffic because Hayward Drive does not access another arterial or collector street.
In July 2000, Traffic Engineering did a traffic count along Hayward and Cypress Drives, both
are local streets. According to the results, Hayward Drive carries 803 vehicles per day on a
nonschool weekday and Cypress Drive carries 687 vehicles per day. A local street is
preferred to have a traffic level of 450 vehicles per day.
ParkinvJSereenin~,: A restaurant use is required to provide at least one parking space for each
100 square feet of gross floor area. The proposed 1,800 square foot restaurant will be
required to provide at least eighteen (18) parking spaces. Compliance with the parking
regulations will be required during the permitting phase. Commercial development of the
subject property will require a 6-foot tall standard screening fence along any residential
adjacency. Ifa "B-1A" District is granted, a 6-foot tall masomy wall will be required along
its north and west boundary line.
Costs to City: The subject property is bound by improved streets and adequate water and
wastewater services. Therefore, there are no anticipated costs to the City.
· Platting: The subject property is not platted.
Pros: (Ideas in support of the request.)
a) The subject property has direct access to a major arterial, S. Staples Street.
b)
The requested "B-I" District is an expansion of the adjacent "B-I" District to the south and
east.
c) Residential development of the subject property is unlikely to occur.
Cons: (Ideas in support of maintaining the current zoning.)
a) A B-1A" District is more protective of the adjacent neighborhood.
b)
The proposed use can be accommodated in a "B-1A" District while providing protection to
the adjacent residences.
Staff Recommendation:
Denial of the requested "B-I" District, and in lieu thereof, approval of a "B-1A" Neighborhood
Business District.
119
7
Zoning Report
Case No. 0700-03 (GAJ Holding)
Page 6
Attachments:
Zoning and Ownership Map
Ownership List
Southeast Area Location Map
H:XPLN-DIRXERklA\WORDXZONRPTS\070003REp. DOC
120 ~
\"/ blN"kT'
See Comments on Page(s)
- Property Owner in Favor
Property Owner Opposed
ts -/q
R-2
Jul 11. 2000 - RP
0 100
CASE Z0700-03
121
Subject pronetry
Owners within 200 feet listel on ettoched otmership tis-
123
//
.41bqUo
124
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0700-03
GAJ Holding
· Favor
X Opposed
(Note: The listed numbers correspond to the attached map.)
I. Notices returned from within the 200-foot notification area:
Favor: None.
O~posffion:
8) Doron and Aria Avaknin, 3414 Casa Bonita Drive (received 7/19/00)
"I moved into this neighborhood two years ago because it was a quiet
neighborhood. Our lot is directly behind the vacant lot and we would much rather
have houses behind us. Businesses attract large rodents and noise and crime. We
are against the change."
Doron and Ana Avaknin, 3414 Casa Bonita Drive (received 8/2/00)
See attached letter.
15)
Bob Edlin, 1118 Hayward
Signed petition.
16)
Rosaiio S. Zamora, 1126 Hayward
Signed petition.
19)
Jamie Michael Foster, 1205 Ray Dr.
Signed petition.
20)
Christopher Todd Ruzicka, 1201 Ray Dr.
Signed petition.
22)
Ted Anderson, Casa Linda Shopping Center
No written comment.
23) Mark Hinojosa, I 117 Hayward
"I am in opposition because I feel it will devalue the property values of the
neighborhood and my house. I inquired before I bought my home and was happy
it was zoned residential. A business will bring unwanted traffic, trash, and
crime."
125
/,g
Comments Received
Case No. 0700-03 (GAJ Hold/rig)
Page 2
II.
III.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition:
Lucinda P. Beal, 3510 Cottonwood
See attached letter.
Responses received from owners/applicants of subject area:
Favor:
Lawrence Isaac, P.O. Box 577037, Chicago, IL 60657 (Subject Property Owner)
"It is bordered by "B-1 ".
Opposition: None.
Petitions Received.
Favor: None.
Ovvosition:
Two (2) petitions were submitted in opposition with 31 signatures on each.
H:XPLN-DIRXERMA\WORD\COMMDATA\0700-O3COM.DOC
July 14, 2000
City of Corpus Christi
Department of Planning
P.O. Box 9277
Corpus Chrisfi, TX 78469
Planning Commission and Staff:
This lett6r is in response to a rezoning request, Case No. 0700-03, for "B-I" Neighborhood
Business District to develop a restaurant. I believe that the proposed use is not appropriate for
the subject property due to its adjacency to a residential area.
This subject property was previously presented to the Planning Commission with a request to
rezone to a "B-I" District in order to develop a car wash. This request was denied. I am in
opposition to the rezoning request for the following reasons.
The proposed use is not appropriate for a residential neighborhood.
A "B-I" District allows access onto residential streets, which would increase traffic onto
Hayward Drive.
The traffic would increase onto Hayward Drive and into the residential neighborhood due
to the inability to access S. Staples iftravelling north.
I am also opposed to a "B-1A" Neighborhood Business District. I understand that a "B-1A"
District prohibits direct access to a residential street when a collector or arterial is available,
however, traffic would exit onto S. Staples and then turn onto Hayward Drive for access to either
Carroll Lane, or detour to gain access to S. Staples and have the protection of a signalized
intersection.
In my opinion, the best use and zoning for the subject property is either "AB" Professional
Office District zoning or remaining single-family residential.
Sincerely,
128 //~
Petition Opposing
The PropOsed Zoning Change.
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131
Planning Commission Minutes
July 19, 2000
GAJ Holding: 0700-03
REQUEST:
"R-IB' One-family Dwelling District to "B-I" Neighborhood Business District on property
d~cribed as Lott Tract V, being 0.60 acre out of a 26.32-acre tract and located on the northwest
comer of Hayward Drive and South Staples Street.
Mr. Salcla~a presented a slide illustration of the subject property and the surrotmding area, Mr. Saidaria
stated that the subject property is part of a larger area currently zoned a "R-1B' Disuiet. This district extends north
and west from the subject property and is predominantly developed with single-family residences. To the east
across South Staples SU~t, there is an area that extends east from South Staples Street to Fort Worth Street and
north to Texan Trail. This area is zoned an "A-I' District, contains approximately 30 acres and is developed with
single-story apartments. To the south, there are approximately 7 acres of land zoned a "B-I' DisUict of which three
acres contain a church end the renl~inlng four (4) acres are developed with retail uses. West of South Staples Street
the area zoned an "R-1B" District is developed with single-family residences.
Mr. Saidaria stated that the applicant requested a change of zoning from a "RolB" One-family Dwelling
District to a "B-l" Neighborhood Business District in order to develop the vacant 0.60-acre u-act with a restaurant.
The subject property is bordered by existing single-family residences along the north and west and fronts an arterial,
South Staples Street, to the east and a local residential street, Hayward Drive, to the south. Across South Staples
Street and Hayward Drive, the area is zoned a "B-l" District and developed with a laundry and dry cleaners. A
"B-I" Dislrict on the subject property would be an expansion of the adjacent "B-I" District, which is considered
compatible when adjacent to residential areas. Although a "B-l' District is usually appropriate when adjacent to an
arterial, more consideration should be given to a district that is compatible to the adjacent "B-l" District but affords
more protection to the single-family residences backing and siding up to the subject property. A "B-1A" District
would permit the proposed restaurant but would prohibit drive-through windows; litnit the hours of operation to
between 6:30 a,m. end I0:00 p.m.; prohibit access to the local street' and require the kitchen, service area, trash
receptacles and grease traps to be set back no less than fiRy (50) feet from any adjacent residential district. These
requirements would provide some protection to the adjacent residential district. The adopted City policies state that
high-intensity commercial uses should have direct access to an arterial and not ffaverse residential areas. The
subject property is unlikely to be developed with residential uses due to its frontage on South Staples Street and the
commercial development to the south and the configuration of the lot with residential street access. A marginal
access street that parallels South Staples Street and terminates at the subject property, is the primary access to the
three single-family residences to the north. Access to the marginal access street to the subject property would not be
permitted in order to prevent the mixing of comrnereiai and residential traffic.
Mr. Saidalia stated that the subject property is located within the Southeast Area Development Plan which
recommends the area to develop with medium-density single-family development. Therefore, Staff recommends
denial of the "B-I" District, and in lieu thereof, approval of a "B-1A' Neighborhood Business District. There were
24 notices mailed to property owners within a 200-foot radius of which none were returned in favor, two (2) were
returned in opposition, a letter was received from the applicant in favor, and one ( 1 ) letter was received in opposition
~'om outside the 200-foot radius.
Chairman Underbrink opened the public hearing.
Daniel Hall, 2806 Bretshire Drive, represeming the applicant, stated that a "B-IA" Neighborhood Business
District would not accommodate their plans which include a drive-through window and access onto Hayward Drive
and South Staples Street. Mr. Hall stated that the applicant proposes to develop a Golden Fried Chicken Restaurant
which conducts most of their business via a drive-through window. He explained that due to the lot's configuration,
a secondary access would be necessary.
Nicholas Poris, 3401 South Staples Street, stated that his property is adjacent to the subject property and he
opposes rezoning the property to "B-I" District. Mr. Pofis stated that he also opposed to access to the marginal
access road which separates his property from South Staples Street.
Robert Edlin, II 18 Hayward Drive, stated that he is opposed to the rezoning and the masonry fence.
Mr. Edlin stated that he believes the increase in traffic would negatively affect the neighborhood.
132
Planning Commission Minutes
July 19, 2000
Case No. 0700--03 (GAJ Holding)
Page 2
Mark Hinojosa, 1117 Hayward Drive, presented a petition to the Commission in opposition of the rezoulng
request. Mr. Hinojosa stated that he believed. the proposed development would increase traffic and create crime in
the neighborhood. He continued that there are traffic calming devices in place on Hayward Drive due to the high
volume of traffic that iraverses onto Hayward Drive. He also expressed concern regarding the trash that would be a
result of the business on the subject properly and the devaluation of his prol3erty.
Mr. Gunning stated that Traffic Engineering had some concerns with access onto Hayward Drive and that
the applicant should discass this issue with the Traffic Engineer.
Mr. Hall stated that the proposed business requires access to Hayward Drive and requested that the case be
tabled to provide an opportunity to meet with Staff regarding access.
Public hearing was closed.
Chairman Underbrink stated that he believed a "B-I" Dislrict would be appropriate for the subject property.
Motion by Mimn~ seconded by Cheek, to table the zoning case for two weeks to the August 2, 2000
meeting to allow the applicant an opportunity to meet with Traffic Engineering. Motion passed unanimously with
Kelly and Sween-McGloin being absent.
133
Planning Commission Minutes
August 2, 2000
GAJ Holding: 0700-03
REQUEST:
"R-IB" One-family Dwelling Dis~ct to "B-I" Neighborhood Business DisWict on property
described as Lott Tract V, being 0.60 acre out of a 26.32-acre tract, located on the northwest
comer of Hayward Drive and South Staples Street.
Commissioner Zamora stated that he needed to abstain from discussion of the zoning case and left the
room.
Mr. Saidaria stated that on July 19, 2000, the Planning Commission tabled the above referenced zoning to
allow the applicant's representative time to meet with Traffic Engineering to determine if a driveway would be
allowed along Hayward Drive. Mr. Saidaria presented a slide illustration of the subject property and the surrounding
area. The subject property is part of a larger area currently zoned a "R-IB" District. This district extends north and
west from the subject property and is predominantly developed with single-family residences. To the east across
South Staples Street, there is an area that extends east from South Staples Street to Fort Worth Street and north to
Texan Trail. This aren is zoned an "A-I" District, contains approximately 30 acres and is developed with single-
story apartments. To the south, there are approximately 7 acres of land zoned a "B-I" District of which three (3)
acres contain a church and the remaining four (4) acres are developed with retail uses. West of South Staples Street
the area zoned an "R-1B" District is developed with single-family residences.
Mr. Saidaria stated that applicant requested a change of zoning from "R-1B" One-family Dwelling District
to a "B-I" Neighborhood Business District to develop the vacant 0.60 acre tract with a restaurant. The subject
property is boarded by existing single-family residences along the north and west and fronts an arterial, South
Staples Street, to the east and a local residential street, Hayward Drive, to the south. Across South Staples Street
and Hayward Drive, the area is zoned a "B-I" District and developed with a laundry and dry cleaners. A "B-I"
District on the subject property would be an expansion of the adjacent "B-I" Diswict, which is considered
compatible when adjacent to residential areas. Although a "B-I" District is usually appwpriate when adjacent to an
arterial, more consideration should be given to a district that is compatible to the adjacent "B-I" District but affords
more protection to the single-family residences backing and siding up to the subject property. A "B-1A" Dis~ict
would permit the proposed restaurant, but would prohibit drive-though windows; limit the hours of operation
between 6:30 a,m. and 10:00 p.m.; limit access to the arterial, South Staples Street; and require the kitchen, service
area, trash receptacles end grease traps to be set back no less than tiff7 (50) feet from any adjacent residential
district. These requirements would provide some protection w the adjacent residences. The adopted City policies
stated that high-intensity commercial uses should have direct access to an arterial end not traverse residential areas.
The subject property is unlikely to be developed with residential uses due to its frontage on South Staples Street and
the commercial development to the south and the configuration of the lot with residential street access. A marginal
access street that parallels South Staples Street and terminates at the subject property, is the primary access to the
three single-family residences to the north. Access to the marginal access street to the subject property would not be
permitted in order to prevent the mixing of commercial end residential traffic.
The subject property is located within the Southeast Area Development Plan which recommends the area to
develop with medium-density single-family development. Therefore, Staff recomlnends denial of the "B-1'
District, and in lieu thereof, approval ofa "B-1A" Neighborhood Business Dislrict.
Mr. Saidaria stated that Traffic Engineering studied the area for two (2) days and according to David Seller,
Traffic Engineer, there were 803 vehicle trips per day on Hayward Drive and 687 vehicle trips per day on Cypress
Street. The average for a local street is 450 vehicle trips per day.
Mr. Saidaria continued by saying that the "B-1A" District would prohibit installation of a drive-through,
access to a local street. The "B-1A" District would also require that the kitchen, service area, and dampster be at
least 50 feet from the residential area.
Chairman Berlenga opened the public hearing.
135
136
Planning Commission Minutes
August 2, 2000
Case No. 0700-03
Page 2
S,,7'~-ne Clark 1237 Ray Drive, stated that she has lived in the neighborhoed for 23 years. Ms. Clark
continued that she has concerns with a fast fogd type of bnsiness being developed on the come. She stated that she
would not object to an "AB" Professional Office District or a "B-IA" District that would not allow restaurants. Ms.
Clark slated that she is concerned about the traffic on South Staples Street, the smell and trash that would be
generated from the business. She stated that traffic detours through Hayw.~d Drive and onto Ray Drive to avoid the
lighted intersection at Carroll Lane and South Staples Street and asked for a traffic eouut at the corner of Brawner
Parkway and Carroll Lane. Ms. Clark continued that she believes traffic is using Carroll Lane as an alternate to
Weber Road, Everhart Road, and South Staples Street.
Many Hoops, 1250 Hayward, expressed concerns with high traffic generated from South Staples Street and
the increase that would result from a fast food business being developed on the subject properly. Mr. Hoops said
that he repeatedly calls the Police Department and Traffic Engineering to try to resolve the problem and expressed
concern with children being subject to the high traffic in the area. He said that speaking as a former refuse collector,
there would be future calls to the City to repair potholes in the street that would result from heavy refuse trucks
driving onto the street from the business. Mr. Hoops stated that he preferred an office type zoning for the subject
properly.
Martha Hoops, 1250 Hayward, expressed concerns regarding children being subjected to high uaffic in the
area. Ms. Hoops stated that she would prefer a ayeare center be developed on the property.
Linda Taylor, 3400 South Staples Street, stated that she purchased her home in 1958 and believes that the
traffic situation is worsening. Ms. Taylor stated that she believes there would be an increase in noise and that her
property would be negatively affected.
Patricia Zarria, 3409 South Staples Street, stated that her home is adjacent to the subject property.
Ms. Zarria continued that she is concerned with traffic, high school students leaving campus to eat at the restaurant,
trash, and rodents that would be am'acted to the food served at the restaurant.
Mark Hinojosa, 1117 Hayward, provided the Commission with photographs taken of another establishment
owned by the applicant and a petition containing signatures of residents opposed to the rezoning request. Mr.
Hinojosa provided highlights of the information by saying that a "B-l" District zoning allows the sale of alcohol. If
the business were to fail, a restaurant that serves alcohol would be allowed to open on the subject property. Mr.
Hinojosa also stated that there is a sepurale dumpster for the grease that would smell throughout the neighborhood
and also expressed concerns with rodents that would be attracted to the trash and grease dumpsters.
Jim Maixner, applicant, stated that single-family development will never occur on the subject property.
Mr. Maixner stated that he would be opening a neighborhood business where families could enjoy a meal. With
regard to the neighborhood's traffic concerns, he stated that his business would not negatively affect the
neighborhood with traffic; however, the traffic would positively affect his business. Mr. Maixner described the
layout of his business by stating that traffic would enter and exit onto South Staples Street; however, he needed
access onto Hayward Drive for the drive-through custonters. He continued that the development is a $500,000
investment which is well-maintained with landscaping and lights. The hours of operation are 10:30 a.nt. to
10:00 p.m. Mr. Maixner stated that he did not intend for the business to fail and would be a good neighbor.
In response to Commissioner Salazar's question regarding a site plan for the development, Mr. Maixner
stated that he wanted to have the property rezoned prior to hiring a consultant to draw site plans which would enst
approximately $5,000.
Hem'3, Dominguez, District Manager of Golden Fried Chicken headquartered in Austin, Texas, stated that
he met with some of the residents who are opposed to the rezoning at a National Neighborhood Night Out party.
Mr. Domingnez stated that Mr. Maixner has established a business on the Island and continued that Mr. Maixner has
exceeded company expectations and maintains a well-nm establishment. Mr. Dominguez stated that he understands
the neighborhood concerns, however, he believes that Mr. Maixner should not be penalized due to a traffic problem
137
Planning Commission Minutes
August 2, 2000
Case No. 0700-03
Page 3
in the neighborhood that has not been addressed. The Golden Fried Chicken Corporation requires landscaping and
beantification of the area occupied by their restam.
Roben Edlln: 1118 Hayward, stated that he liver adjacent to the subject properW and does not want the
subjec~ property zoned for commercial uses. Mr. Failin stated that he preferred to review a site plan prior to the
Commission allowing the zoning to be change to "B-I" Disn'ict.
Many Hoops, 1250 Hayward Drive, stated that he planned to be a resident on Hayward Drive for many
years as many other reridents of the neighborhood and asked the Commission to deny the request.
Public hearing was closed.
Mr. Gunning stated tha~ information was not available to determine why the initial developers excluded the
portion known as the subject property from being developed.
Commissioner Kelly stated thnl' althOUgh he knew Mr. Maixner's reputation for developing fine
establishments, he could not support the request for a "B-l" DisWict
Motion by Mires, seconded by Kelly, to deny the "B-I" District. Motion passed unanhnously with Zamora
abstaining.
Motion by Kelly, seconded by Sween-McGloin, to approve an "AB" Professional Office District. Motion
passed unanimously with Zamora abstaining.
138
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GAJ
HOLDING, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.60
ACRE OUT OF A 26.32-ACRE TRACT, LO.T'T TRACT V, FROM "R-1B"
ONE-FAMILY DWELLING DISTRICT TO. "AB" PROFESSIONAL
OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations conceming the application of GAJ Holding for amendment to ~e
zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 2, 2000, during a meeting of the Planning Commission, and on Tuesday,
September 19, 2000, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of 0.60 acre out of a 26.32-acre tract, Lott Tract V,
located on the northwest corner of Hayward Drive and South Staples Street, from
"R-1B" One-family Dwelling District to "AB" Professional Office District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August. 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 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance. as amended by this ordinance.
\\~TYHALL~2\USERS~EG~D~R\N~EM~\DDCURT~S``MYD~5~&Z~RD~`~)~YLEC~Z~7~3a.d~c
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Chdsti.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19th day of September, 2000.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Chdsti
APPROVED AS TO LEGAL FORM September 12, 2000
James R. Bray, Jr,
City Attorney
By:
s
Senior Assistant City Attorney
\~C~r~YHALL~2~USERS~-EG~D~R~N~EM~DDCURT~S~YD~CS~&Z~RD~D~YLEC~7~3A~D~C
140
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GAJ
HOLDING, BY CHANGINGTHE ZONING MAP IN REFERENCE TO 0.60
ACRE OUT OF A 26.32-ACRE TRACT, LOOT TRACT V, FROM "R-1B"
ONE-FAMILY DWELLING DISTRICT TO "B-I'' NEIGHBORHOOD
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations conceming the application of GAJ Holding for amendment to the
zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public headngs were held on Wednesday,
August 2, 2000, dudng a meeting of the Planning Commission, and on Tuesday,
September 19, 2000, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
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 Chdsti, Texas, is
amended by changing the zoning of 0.60 acre out of a 26.32-acre tract, Lott Tract V,
located on the northwest corner of Hayward Ddve and South Staples Street, from
"R-1B" One-family Dwelling District to "B-1" Neighborhood Business District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full forca and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to con{orm to the Zoning Ordinance, as amended by this ordinance.
\~TYHALL~2~USERS~-EG~D~R~EM~DDCURT~S.~1YD~C5~d~``~P&Z~RD~D~YLEC~Z~7~3b~i~c
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Chdsti.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19m day of September, 2000.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM September ~12, 2000
James R. Bray, Jr.
City Attomey
\\C~TYHALL~2~USERS~LEG-D~R~N~EM~DDCURT~S~YD~CS~P&Z~RD~D~YLEC~Z~7~3B~D~C
142 2,0~
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September I9, 2000)
Case No. 0800-04, Slim's Auto Sales & S!im's Pickens: A change of zoning fxom an "I-2" Light
Industrial District to an "I-3" Heavy Industrial Diswict on RA-Rose Industrial Sites, Block 3, Lot I, located on
the southwest comer of Agnes Sweet and South Navigation Boulevard.
Plannin~ Commission and Staff's Recommendation (08/02/00): Approved.
Reauested Council Action: Approval of the "I-3" District and adoption of the attached ordinance.
PurnoseofRe{luest: To continue operating the salvage yard.
Summary: The applicant has requested a change of zoning form an "I-2" Light Industrial District to an "I-3" Heavy
Industrial District in order to continue operating an auto salvage yard. A used auto parts sales building and an auto
sales lot currently are being operated by the applicant. The used auto parts are being salvaged ~'om wrecked
vehicles stored at the rear of the subject property. An auto salvage yard is not an allowed use in the "I-2" District,
but is permitted in the "I-3" District. The "I-3" District requires that an auto salvage yard be screened fi'om view
through the use of a screening fence, shrubbery, or other similar substitute. A screening fence currently exists
between the salvage yard and Agnes SWeet. Screening along South Navigation Boulevard will be required if the
zoning is approved.
The subject property is located at the intersection of two (2) arterials, Agnes S~'eet and South Navigation Boulevard.
Agnes SWeet is developed to its planned width and is able to handle an increase in traffic volume. S. Navigation
Boulevard has not been improved to its planned pavement width, but the subject property does not currently have
access to this street. The requested "I-3" District would be an extension of the "I-3" District to the north and would
not adversely impact the adjacent properties. These adjacent properties contain a used and new carpet sales to the
west, a freight trucking company to the southwest, and undeveloped land to the south. To the north across Agnes
Street, the area contains an active railroad line and outside storage with a vacant building. Across S. Navigation
Boulevard to the east, the area is developed with an electric motor rewind company and a compressed air sales
company. Therefore, an auto salvage facility in compliance with the screening requirements stated above, will have
minimal impact on the area.
Annlicant's Position: The applicant concurs with Planning Commission and Staffs recommendation.
..Notification: Prior to the date of this memorandum, ten (I0) notices were mailed to the property owners within a
200-foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect.
143
Agenda Memorandum
September 19, 2000
Case No. 0800-04 (Slim's Auto Sales & Slim's Pickens)
Page 2
MG/MS/er
Attachments:
1 ) Zoning Report
2) Comments Received
3) planning Commission Minutes
4) Ordinance
Pages 3-10
Page 11
Page 12
Pages 13-14
H:~PLN-DIR\ERMA\WORDXAGENDMEMX0800-04AGENDAMEMO.DOC
144
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearin~ Date:
Map No.:
Applicant:
Leaal Descrintion/Loca~on:
0800-04
August 16, 2000
69-10, 14 (J14A)
Slim's Auto Sales & Slim's Pickens
2.466 acres
Same as above.
"I-2" Light Industrial District
"I-3" Heavy Industrial District
Auto parts sales, auto sales and salvage yard.
Continue operating the salvage yard.
RA-Rose Industrial Sites, Block 3, Lot 1, located on the southwest comer of Agnes Street and South
Navigation Boulevard.
Area of Reauest:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Pronertv:
Putnose of Recluest:
Zoning Change Requested Due
to Notice of Violation:
In June 2000, a notice of violation was sent to the subject property owner and applicant advising
them that a change in use required a Certificate of Occupancy and that an auto salvage yard was not
permitted in the existing "I-2" District. In July 2000, another notice was sent stating that the
aforementioned violations had not been corrected.
Adjacent Zoning:
North - "I-3" Heavy Industrial District
South, East, West - "I-2' Light Industrial District
145
Zoning Report
Case No. 0800-04 (Slim's Auto Sales & Slhn's Pickens)
Page 2
Adiacent Land Use:
North - (across Agnes Street) Outside storage and vacant building.
South - Undeveloped land.
East - (across S. Navigation Boulevard) ElecU-ic motor company
West - Carpet sales.
Number of Residential Units Allowed:
"I-2" - Temporary or permanent housing or lodging is not permitted except for a caretaker's
quarters.
"I-3" - Temporary or permanent housing or lodging is not permitted except for a caretaker's
quarters.
Estimated Traffic Generation:
General light industrial - 51.80 average weekday vehicle trip ends per acre x 2.466 acres = 128
average weekday vehicle trip ends.
Adiaeent Streets/Classification:
a) Agnes Street - arterial
b) South Navigation Boulevard - arterial
Right-of-Way Design
Current:
a) 120-foot right-of-way with a 100-foot back-to-back paved section.
b) 70-foot fighi-of-way with a 24-foot rural paved section.
Planned:
a) Same as current.
b) 100-foot right-of-way with a 76-foot back-to-back paved section.
1996 Traffic Count (24-hour. weekday, non-directional):
a) 13,090 vehicles per day.
b) 4, 100 vehicles per day.
Zonim, History of Pronefly:
There has been no rezoning activiLy within the past five (5) years.
146 ,,~
Zoning Report
Case No. 0800-04 (Slim's Auto Sales & Slim's Pickens)
Page 3
Recent Surroundinl~ Zoning Cases:
There has been no rezoning activity in'the area within the past five (5) years.
Zoning Inventory:
The subject property is part of 904.18 acres of land that is zoned an "I-2" District and is partially
developed with various types of industrial uses and retail establishments. To the north, there are
503.63 acres offand zoned an "I-3" District that are developed with various types of warehouses,
dislribution centers and metal salvage yards.
Plannin2 Staff Anaivsis:
General Characteristics and Background: The applicant has requested a change of zoning
form an "I-2" Light industrial District to an "I-3' Heavy Industrial District in order to
continue operating an auto salvage yard. A used auto parts sales building and an auto sales
lot currenfiy are being operated by the applicant. The used auto pans are being salvaged
from wrecked vehicles stored at the rear of the subject property. An auto salvage yard is not
an allowed use in the "I-2" District, but is permitted in the "I-3" District. The "I-Y' District
requires that an auto salvage yard be screened from view through the use of a screening
fence, shn~bbery, or other similar substitute. A screening fence currently exists between the
salvage yard and Agnes Street. Screening along South Navigation Boulevard will be
required if the zoning is approve&
The subject property is located at the intersection of two (2) arterials, Agnes Street and South
Navigation Boulevard. Agnes Street is developed to its planned width and is able to handle
an increase in traffic volume. S. Navigation Boulevard has not been improved to its planned
pavement width, but the subject property does not curren~y have access to this street. The
requested "I-3" District would be an extension of the "I-3" District to the north and would
not adversely impact the adjacent properties. These adjacent properties contain a used and
new carpet sales to the west, a freight tracking company to the southwest, and undeveloped
land to the south. To the north across Agnes Street, the area contains an active railroad line
and outside storage with a vacant building. Across S. Navigation Boulevard to the east, the
area is developed with an electric motor rewind company and a compressed air sales
company. Therefore, an auto salvage facility in compliance with the screening requirements
stated above, will have minimal impact on the area.
Conforrnitv to the Comnrehensive Plan and Land Use CompatibiliW: Overall the
Comprehensive Plan Elements can be supportive of the requested "I-3" District. The subject
property is within the Westside Area Development Plan that recommends the area to develop
with light industrial uses. However, this does provide for some heavy industrial uses on the
south side of Agnes Street. The subject property is in proximity to the recommended heavy
industrial area; adjacent to an "I-3" District on the north; and the "I-3' District would be
consistent with surrounding land uses and the Westside Area Development Plan.
147
Zoning Report
Case No. 0800-04 (Slim's Auto Sales & Slim's Pickens)
Page 4
Potential Housin2 Density: Neither the "I-2" or "I-3" Districts permit any type of temporary
or permanent housing or lodging, except for a caretaker' s quarters.
Height/Bulk/Setbacks/Etc.: Both the "1-2" and "1-3" Districts require a front yard setback
of twenty (20) feet and no required side or rear setbacks unless adjacent to a residential
district, where a setback often (10) feet would be required. There are no building height
limitations in either the "I-2" or "I-3" Districts.
Signage: Both the "I-2" and "1-3" Districts permit unlimited wall and freestanding signs
provided they are located behind the front yard setback. If a freestanding sign is located
within the front yard setback, it is limited to one freestanding sign per street frontage with
a sign area of forty (40) square feet and a height of 25 feet. The "I-2" and "I-3" Districts also
permit off-premise signs (billboards).
Traffic: The requested "I-3" District will not increase the mount or type of traffic currently
generated by the existing "I-2' District. The uses permitted in the districts may vary, but the
traffic would be similar.
ParkingScreening: The existing retail sales of auto parts is required to provide one off-street
parking space for each 200 square feet of gross floor area. The existing 3,200 square foot
building is required to provide at least sixteen (16) off-street parking spaces. Additional
parking for the existing auto sales may not be required since the same building is being used
for its office. An auto salvage facility is required to provide one off-street parking space for
every two (2) employees on the premise. Depending on the number of employees working
the salvage yard will depend on the number of required off-street parking spaces. A standard
screening fence with a height of not less than six (6) feet is required when a business or
industrial use locates adjacent to a residential district. Since there is no residential adjacency,
a standard screening fence is not required. However, an auto salvage facility is required to
screen its salvage yard from adjacent public view. Therefore, screening will be required
along the Agnes Street frontage (currently existing), along S. Navigation Boulevard, and
along its south property line (due to the undeveloped status of the adjacent lot).
Costs to City: The infrastructure required to serve the subject property is in place. The
improvement of S. Navigation Boulevard to its ultimate pavement width may require City
participation, but the change in zoning will not necessitate the road improvement.
· Platting: The subject property contains a platted lot and further replatting is not required.
Pros: (Ideas in support of the request.)
a) The requested "I-3" District would be an extension of the "I-3" District to the north.
b) The auto salvage facility is an expansion of the auto salvage facilities located further west.
148 ~
Zoning Report
Case No, 0800-04 (Slim's Auto Sales ,e, Slim's Pickens)
Page 5
Cons: (Ideas in support of maintaining the current zoning.)
The existing "I-2" District is more consistent with the adopted Westside Area Development
Plan' s recommended land use of light industrial uses.
Staff Recommendation:
Approval.
Attachments:
Zoning and (~hvnership Map
Ownership List
Westside Area Location Map
~{APLN-DIR~ERMA\WORD~ZONRPTS\080004REP.DOC
149
7
WESTSIDE
INDUSTRIAL
DISTRICT
MCBRIDE
PARTITION
AGNES
m
Z
d
STREET
NAVIGATION
I NDUSTF
1-,-8
2.-8
2
SUBJECT PARCEL
3
RA--ROSE
INDUSTRIAL SITE
3
RUSSELL
FARM BLOCt
Im
Aug 10, 2000- RP
O 100 20(
CASE Z0800-04
30
· - Property Owner in Favor
8
X - Property Owner Opposed
See Comments on Page(s)
Subject property
Owners within 200 feet listed on atteched ownership list
I 15090.50 076700010030
2 2799.81 369000000010
3 4131.31 493300000482
133.97 568000030110
5 63455.50 708500030030
6 47588.00 708500030040
7 61979.00 708500040010
8 51979.88 709200000100
5 60904.00 753600080045
9 2394.88 753600110075
10 180507.53 ROW
SP 106882.32 708500030010
Superintenden=
West Oso School District
5050 Rockford Dr.
Corpus Christi, TX 78416
OWNERSHIP LIST
Case No. 0800-04
AIRGAS-SOUTHWEST INC
KOLPACK ARNOLD A
INDUSTRIAL SALVAGE CO
EAR NOSE AND T~ROAT
SOUTHWEST PREMIUM PROPERT
BEACH ENTERPRISES INC
LOPEZ RAYMOND ET UX THERE
TEXMEXRRCO
SOUTHWEST PREMIUM PROPERT
LOEB & CO LTD
ROW
HOME ENERGY SYSTEMS LLC
4817 AGNES
5102 AGNES
5110 AGNES
102 NAVIGATION
255 NAVIGATION
5117 AGATES
102 NAVIGATION
1501 MUSSETT
245 NAVIGATION
238 NAVIGATION
ROW ROW
5113 AGNES
151
152 /~
COMMENTS RECEIVED
FROM NOTICES MAILED
· Case No. 0800-04
Slim's Auto Sales & Slim's Pickcns
· Favor
X Opposed
(Note: The listed numbers correspond to the attm:hed map.)
Notices returned from within the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from outside the 200-foot notification area:
Favor: None.
OnDosition: None.
HI.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:XPLN-DIR~ERMA\WOP, D\COMMDATA\0800-O4COM.DOC
153
planning Commission Minutes
August 16, 2000
Slim's Auto Sales & Slim's Pickens: 080004
KEQUEST:
"I-2" Light IndusU'ial District to "I-Y' Heavy Industrial District on RA-Rose industrial Site,
Block 3, Lot 1 and located on the southwest coroer of Agnes Sl~ect and South Navigation
Boulevard
Mr. Saidaria presented a slide illuswation of the subject prepeny and the surrounding area. The subject
property is part of 904.18 acres of land that is zoned an "I-2" Diswict and is partially developed with various types
of induswial uses and retail establishments. To the north, there are 503.63 acres of land zoned an "I-3" District that
are developed with various types of warehouses, distribution centers and metal salvage yards.
Mr. Salda/la continued that in June 2000, a notice of violation was sent to the property owner and applicant
advising them that a change in use required a Certificate of Occupancy and that an auto salvage yard was not
permitted in the existing "I-2" District. in July 2000, another notice was sent staling that the aforementioned
violations had not been corrected.
The applicant requested a change of zomg to an "I-Y' Heavy Industrial Disu-ict in order to continue
operating an auto salvage yard. A used auto pans sales building and an auto sales lot currently are being operoted
by the applicant. The "I-3' District requires that an auto salvage yard be screened for view through the use of a
screening fence, shrubbery, or other similar substitute. A screening fence currently exists between the salvage yard
and Agnes SUeeL Screening along South Navigation Boulevard will be required if the zoning is approved.
Mr, Saidaria stated that the applicant would need to provide 16 parking spaces for auto sales and two (2) parking
spaces for the employees.
The subject property is within the Westside Area Development Plan that recommends the area to develop
with light industrial uses. The requested "I-3" District would be an extension of the "I-3" DisU'ict to the north and
would not adversely impact the adjacent properties. Therefore, Staff recommends approval of the rezoning request.
There were ten (10) notices mailed to property owners within a 200-foot radius of the subject property of which
none were returned in favor or opposition.
Chairman Berlanga opened the public hearing,
Raymond Dalt, New Braunfels, stated that he is co-owner of the subject property. 2.5 acres of the subject
property is currently fenced. He continued that he was in agreement with the fencing requirement and the parking
space requirement.
Public hearing was closed.
Motion by Sween-McGloin, seconded by Kelly, to approve an "I-3" Diswict. Motion passed unanimously
with Cheek being absent.
154
APPLICANT'S REQUEST
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
SLIM'S AUTO SALES '& SLIM'S PICKENS, BY CHANGING THE
ZONING MAP IN REFERENCE TO LOT 1, BLOCK 3, RA-ROSE
INDUSTRIAL SITES, FROM "1-2" LIGHT INDUSTRIAL DISTRICT TO
"1-3" HEAVY INDUSTRIAL DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Slim's Auto Sales & Slim's Pickens for
amendment to the zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 16, 2000, during a meeting of the Planning Commission, and on Tuesday,
September 19, 2000, dudng a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of Lot 1, Block 3, RA-Rose Industrial Sites, located on
the southwest comer of Agnes Street and South Navigation Boulevard, from "1-2" Light
Industrial District to "1-3" Heavy Industrial District.
SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 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 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
\\C~TYHALL~2~U~ERS~EG~D~R~EM~DDCURT~S~Y~C1~"J~P~Z~RD~\D~YLEC~-~8~4a~d~c
Page2of3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Chdsti.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19th day of September, 2000.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM September '12, 2000
James R. Bray, Jr.
City Attorney
By: ~~~~
I
Senior Assistant City Attorney
\\~TYHALL~2~USERSM-EG~D~R~J~EM~DDCURTIS~MYD~CS~2~P&Z~RD~D~YLEC~Z~8~4A~D~C
156
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: September 19, 2000)
Case No. 0800-05, A! Landrv, Jr.: A change of zoning from a~ "AB" Professional Office District to a
"B-4" General Business District on Ocean View Addition, Park Block, Lots 17 and 18, located on the northwest
comer of Elizabeth and Santa Fe Streets.
Plannine~ Commission and Staffs Recommendation (08/02/00): Denied the "B-4" General
Business Disthct, and in lieu thereof, approved a "B-I' Neighborhood Business District.
Re~luested Council Action: Denial of the "B-4" General Business District, and in lieu thereof, approval of
a "B-1" Neighborhood Business District and adoption of the attached ordinance.
PurnoseofRe~luest: To convert the medical of~ce into a pharmacy.
Summan,: The applicant has requested a change of zoning from an "AB" Professional Office District to a "B-4"
General Business District in order to convert the existing medical office into a pharmacy. The proposed pharmacy is
not intended to be the typical pharmacy in that they will conduct business directly with the surrounding medical
facilities. There will be no walk-in traffic. A pharmacy is classified as a retail establishment and therefore, requires
a business district. The requested "B--4" District is an expansion of the adjacent "B-4" District to the south and east.
However, the proposed pharmacy does not require that intense of a zoning district. A "B-I" Neighborhood Business
District would allow the pharmacy. The "B-l" District would also act as a transition between the high-intense "B-4"
District and the low-intense "AB" District. As a "B-I" District, the subject property would be compatible to the
adjacent office to the west while allowing some type of business use. The "B-I" District would limit the number of
freestanding signs to one sign which is more than the "AB" District allows but less than the "B-4" District.
Anolicant's Position: The applicant concurs with Planning CommJssion and Staffs recommendation.
Notification: Prior to the date of this memorandum, ten (10) notices were mailed to the property owners within a
200-foot radius, of which four (4) were returned in favor and none in opposition. The subject property owner also
submitted a notice in favor. The 20% rule is not in effect.
Michael N. Gunrang, AICP
Director of planning
MG/MS/er
Attachments:
1) Zoning Report
2) Comments Received
3) Platruing Commission Minutes
4) Ordinances
Pages 2-9
Page 10
Page 11
Pages 12-15
HAPLN-DIRNERMA\WORD~AGENDMEM\0800-05AGENDAMEMO.DOC
157
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
LeGal Description/Location:
0800-05
August 16, 2000
70-15 (J15B)
A1 Landry, Jr.
Ocean View Addition, Park Block, Lots 17 and 18, located on the northwest comer of Elizabeth and
Santa Fe Street.
Area of Request:
Lot(s) Area:
Current Zoniw':
Request:
Current Use of Prooertv:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent ZoninG:
North. West - "AB" Professional Office District
South. East - "B-4" General Business District
Adiacent Land Use:
North - Undeveloped land.
South - (across Elizabeth Street) Parking lot.
East - (across Santa Fe Street) Medical building.
West - Law offices.
0.286 acre (12,464 square feet)
Same as above.
"AB" Professional Office District
"B-4" General Business District
Medical office building.
Convert the medical office into a pharmacy.
Not applicable.
158
Zoning Report
Case No. 0800-05 (AI Landry, Jr.)
Page 2
Number of Residential Units Allowed:
~'AB" - 10 units (36.30 dwelling units per acre)
"B-4" - 10 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Specialty retail - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area
x 2,800 square feet of gross floor area = 114 average weekday vehicle trip ends.
Adjacent Streets/Classification:
a) Elizabeth Street - collector
b) Santa Fe Street - arterial
Ri~ht-of-Wav Design
Current:
a) 60-foot righi-of-way with a 40-foot back-to-back paved section.
b) 60-foot right-of-way with a 40-foot back-to-back paved section.
Planned:
a, b) Same as current.
1996 Traffic Count (24-hour, weekdav, non-directionai):
a) None available.
b) 6,550 vehicles per day.
Zonin~ History of Prooertv:
There has been no rezoning activity within the past five (5) years.
Recent Surroundin~ Zonin~ Cases:
In June 1999, Lots 13, 14 and 15. Block VIII. located on the northeast comer of Booty and Fifth
Streets and south of the subject property,, were granted a change of zoning from an "AB" District to
a "B-I" District for an off-site parking lot.
159
Zoning Report
Case No. 0800-05 (AI Landry, Jr.)
Page 3
In May 1996, the west 2/3 of Lots 1 and 2, Block VII, located on the south side of Elizabeth Street,
west of Fifth Street and southwest from the subject property, were denied a change of zoning to a
"B-I' District, and in lieu thereof.. were granted a Special Permit for limited retail and personal
service uses. The Special Permit was not used and expired.
In January 1994, the east 1/3 of Lots 1 and 2, Block VII, located on the southwest comer of Elizabeth
and Fifth Streets and southwest fi'om the subject property, were granted a change of zoning from an
"AB" District to an "B-I" District for a restaurant.
Zonin~ Inventory:
The subject property is part of 82.19 acres of land zoned an "All" District and developed with a
mixture of single-family and multiple-family residences and offices. There are other pockets of
property zoned an "AB' District. North of the subject property, there is a tract offand containing
0.34 acre and developed with apatmxents. To the south, there are 1.31 acres developed with medical
offices. Adjacent to the south and east of the subject property, there are 27.87 acres of land zoned
a "B4" District and predominantly developed hospital and medical related uses. There am 3 tracts
offand zoned a "B-I' District, 2.15 acres to the north that is developed with a parking lot, 0.21 acre
to the southwest containing an office, and 1.86 acres to the south containing a parking lot, an office
and a restaurant.
P!annin~ Staff Analvsis:
General Characteristics and Background: The applicant has requested a change of zoning
from an "AB" Professional Office District to a "B-4" General Business District in order to
convert the existing medical office into a pharmacy. The proposed pharmacy is not intended
to be the typical pharmacy in that they will conduct business directly with the surrounding
medical facilities. There will be no walk-in traffic. A pharmacy is classified as a retail
establishment and therefore, requires a business district. The requested "B-4" District is an
expansion of the adjacent "B-4" District to the south and east. However, the proposed
pharmacy does not require that intense of a zoning district. A "B-I" Neighborhood Business
District would allow the pharmacy. The "B-I" District would also act as a transition between
the high-intense "B4" District and the low-intense "AB" District. As a "B-I" District, the
subject property would be compatible to the adjacent office to the ~vest while allowing some
type of business use. The "B-I" District ~vould limit the number of freestanding signs to one
sign which is more than the "AB' District allows but less than the "B-4" District.
Conforrnitv to the Comprehensive Plan and Land Use Comoatibilitv: Overall. the
Comprehensive Plan Elements can be supportive of the requested "B-4" District because of
the subject property's direct access to two (2) artefials. The Southeast Area Development
Plan's adopted future land use map recommends the area to develop with professional office
uses. The requested "B-4" District is not consistent with the Plan's recommended land use.
However, a "B-I" District that acts as a transition between the "B4" District and "AB"
District would be consistent with the Plan's policy statements.
160
ZonLng Report
Case No. 0800-05 (AI Lanclry, Jr.)
Page 4
Potential Housin~ Density_: The "AB", "B-I", and "B-4" Districts permit a density of 36.30
dwelling units per acre or ten (10) units on the subject proper17. The change in zoning will
not affect the permitted residential density.
Heiaht/Bulk/Setbacks/Etc.: All three (3) of the districts, the "AB", "B-I", and "B-4"
Districts, require a front yard setback of twenty (20) feet. The required side and rear yard
setbacks in an "AB" District are ten (10) feet each. The are no required side or rear yard
setbacks in the "B-I" and "B-4" Districts unless adjacent to a residential district, where a
setback often (10) feet will be required along that adjacency. Building heights are limited
to 45 feet not to exceed three (3) stories in an "AB" District and 35 feet not to exceed three
(3) stories in the "B-I" District. There are no building height limitations in the "B--4"
District.
Signa~e: An "AB" District permits one wall sign with a sign area not to exceed twenty (20)
square feet. A freestanding sign may be permitted after Planning Commission approval, in
lieu of the wall sign provided it does not exceed a sign area of twenty (20) square feet and
a height of fifteen (15) feet. The "Bol" District permits unlimited wall signs and one
freestanding sign per premise with a sign area of forty (40) square feet and a height of twenty
(20) feet. Signs in the "B-4" District are unlimited provided they are located behind the front
yard setback. Freestanding signs within the front yard are limited to one freestanding sign
per street frontage with a sing area of forty (40) square feet and a height of 25 feet.
Traffic: A pharmacy is not expected to generate much traffic, especially a pharmacy that
does not handle walk-in traffic. However, a specialty retail use could generate approximately
114 daily trip ends. The adjacem arte~als are designed to handle large volumes of traffic and
the proposed pharmacy will not adversely impact the surrounding street systems.
ParkinvJScreenin~: A retail establishment is required to provide one off-su'eet parking space
for each 200 square feet of gross floor area. The existing 2,800 square foot building will be
required to provide fourteen (14) off-street parking spaces. Compliance with the parking
regulations will be required before a Certificate of Occupancy can be issued. A standard
screening fence with a height of not less than six (6) feet is required when a business or
industrial use locates adjacent to a residential district. Since the subject property has no
residential adjacency, there is no required screening fence.
Costs to City: All of the infrastructure required to serve the subject property. is in place and
there are no anticipated costs to the City.
Plattina: The subject property. contains two (2) platted lots and further replatting is not
required.
161 ~
Zoning Report
Case No. 0800-05 (AI Landry, Jr.)
Page 5
Pros: (Ideas in support of the request.)
a)
The requested "B-4" District is an expansion of the existing "B-4" District to the south and
east.
Cons: (Ideas in support of maintaining the current zoning.)
b)
The existing "AB" District is more consistent with the Southeast Area Development Plan's
recommended land use.
The proposed pharmacy is permitted in a less intense zoning district like the "B-I' District.
A "B-I" District would act as a transition between the high-intense "B4" District to the
south and east and the low-intense "AB" District to the north and west.
Staff Recommendation:
Denial of the "B4" District, and in lieu thereof.. approval of a "Bol" Neighborhood Business
District.
Attachments:
Zoning and Ownership Map
Ownership List
Southeast Area Location Map
H:\PLN-DIR~EI~MA\WORDXZONRPTS\080005REP.DOC
162 ~
12 J ~
MORGAN AVE,
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AYERS ST "' ~~c~,~ r 15 14- "'
~AB ,:,j;:". ~ " ,.,,,,-r.'.' "°p"','o--,.,,.o;
= ' Property Owner Opposed
See Comments on Page(s) '
Aug 10, 2000- RP
0 10o 200
~ ~ 300
CASE Z0800-05
~ Subject Property
~ O~ners within 200 feet llstea on attached ownersnil) list
7
OWNERSHIP LIST
Case No. 0800-05
1 282.19
2 5870.06
3 2668.06
3 19400.50
2 13143.75
4 16936.19
1 8305.81
1 4489.25
1 61578.88
1 5512.91
5 769.94
5 74.75
5 3314.27
1 21671.50
6 7840.94
7 8639.31
7 2681.25
7 5448.62
7 6090.94
8 16750.00
9 8374.38
10 8375.38
7 8780.69
7 8118.50
SP 22129.08
598300030260
5983000309~0
598300030110
598300030120
598300030140
598300030160
598300030170
598300030180
598300080010
598300080915
598300090010
598300090190
598300090200
598300090210
598300130050
598300130970
598300130075
598300130110
598300130120
598300130130
598300130150
598300130160
598300130190
598300130200
59830013S170
SPOHN HOSPITAL
CORPUS CHRISTI SURGERY LT
CORPUS CHRISTI SURGERY, L
CORPUS CHRISTI SURGERY, L
CORPUS CHRISTI SURGERY LT
CC PROSTHETICS
SPOHN HOSPITAL
SPOHN HOSPITAL
SPOHN HOSPITAL
SPOHN HOSPITAL
CHRISTUS SPOHN HEALTH
CHRISTUS SPOHN HEALTH
CHRISTUS SPOHN HEALTH
SPOHN HOSPITAL
VILLARREAL HORACIO R MD
H-E PARTNERS LTD
H-E PARTNERS LTD
H-E PARTNERS LTD
H-E PARTNERS LTD
GUESS B L III
SKROBARCZYK WM A SR
DICARLO MARK A
H-E PARTNERS LTD
H-E PARTNERS LTD
ROOSTH H.P.
1325
1333
1341
718
1334
1326
1322
1318
1415
1415
1401
1410
1408
1402
1315
1320
1323
1322
1324
728
724
722
1333
1327
1335
THIRD
THIRD
THIRD
ELIZABETH
SANTA FE
SANTA FE
SANTA FE
SANTA FE
SANTA FE
SANTA FE
THIRD
SANTA FE
SANTA FE
SANTA FE
SANTA FE
FIFTH
SANTA FE
FIFTH
FIFTH
ELIZABETH
ELIZABETH
ELIZABETH
SANTA FE
SANTA FE
SANTA FE
LEROY SAN MIGUEL
MAINTENANCE DEPARTMENT
CORPUS CHRISTI I.S.D.
P. O. DRAWER 110
CORPUS CHRISTI, TEXAS
78403
164 ~
165
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0800-05
A1 Landry, Jr.
· Favor
Opposed
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
1)
5)
7)
10)
Opposition:
Robert E. Butler, Spohn Hospital, 1702 Santa Fe
No written comment.
Christus Spohn Health System, 600 Elizabeth
No written comment.
H-E Partners, Ltd., 1335 Santa Fe
No written comment.
Mark A. Di Carlo, 722 Elizabeth St.
No written comment.
None.
II.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Ill.
Responses received from owners/applicants of subject area:
Favor:
Hyman P. Roosth, 1336 Santa Fe
No written comment.
Opposition: None.
H:XPLN-DIR~ERMA\WORD\COMMDATA\0g00-05COMDOC
166
/O
Planning Comraission Minutes
August 16, 2000
AI Landry, Jr.: 0800-05
REQUEST:
"AB' Professional Office District to "B4" General Business District on Ocean View Addition,
Park Block. LoB 17 and 18 and located on the northwest comer of Elizabeth Street and Santa Fe
Street
Mr. Saidaria presented a slide illustration of the subject property and the surrounding area. The subject
property is part of 82.19 acres of land zoned an "AB" District and developed with a mixture of single-family and
multiple-family residences and offices. There are other pockets of property zoned an "AB" Dislrict. North of the
subject property, there is a tract of land, 0.34 acre, developed with apamnents. To the south, there are 1.31 acres
developed with medical offices. Adjacent to the south and east of the subject property, there are 27.87 acres offand
zoned a "B4" District and predominantly developed with hospital and medical related uses. There are three (3)
tracts of land zoned a "B-I" District, 2.15 acres to the north that is developed with a parking lot, 0.21 acre to the
southwest containing an office, and 1.86 acres to the south containing a parking lot, an office and a restaurant.
Mr. Saidaria said that the applicant requested change of zoning to convert the existing medical office into a
pharmacy. The proposed pharmacy is not intended to be the typical pharmacy in that they will conduct business
directly with the surrounding medical facilities. There will be no walk-in traffic. A pharmacy is classified as a retail
establishment and therefore, requires a business district. The requested "B4" District is an expansion of the
adjacent "B4" District to the south and east. However, the proposed pharmacy does not require that intense of a
zoning district. A "B-1' Neiodaborhood Business District would allow the pharmacy. The "B-I" District would also
act as a transition between the high intense "B-4" District and the low-intense "AB" District.
The subject property is within the Southeast Area Development Plan which recommends the area to
develop with professional office uses. The requested "B4" District is not consistent with the Plan's recommended
land use. However, a "B-I" District that acts as a transition between the "B-4" District and "AB" District would be
consistent with the Plan's policy statement. Therefore, denial of the "B-4" District, and in lieu thereof, approval of a
"B-I" Neighborhood Business District. There were ten (10) notices mailed to property owners within a 200-foot
radius of the subject property of which four (4) were returned in favor and none were retained in opposition. A
letter in favor was received fi'om the subject property owner.
Chairman Berlanga opened the public hearing.
lhn Bowler, 5922 Parkland, distributed a map depicting surrounding properties zoned "B-.4" District. Mr.
Bowler said that the applicant's, Mr. Landry, business is proposed to delivery pharmaceuticals to their clients and
will not have walk-in customers. Their clients are hospitals and doctors' offices. Mr. Bowler requested the "B-4"
District to conform to the neighborhood. He continued that Mr. Landry is leasing the property and if Mr. Landry
decides to move his business to another location. a "B--4" District zoning would benefit the property owner when he
attempts to sell the property.. In response to Commissioner Salazar's question regarding advantages to "B4"
District zoning, Mr. Bowler reiterated the advantages for selling the property. and added that the increase in signage
allowance was another factor.
Public hearing was closed.
In response to Conunission's question regarding the "B-I" District, Mr. Saidaria stated that the applicant
could develop the pharmacy in a "B-1" District.
Motion by Mires. seconded by Sween-McGloin, to approve Staffs recommendation for "B-I" District
zoning. Motion passed unanimously with Cheek being absent.
167
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL
LANDRY, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO
LOTS 17 AND 18, PARK BLOCK, OCEAN VIEW, FROM "AB"
PROFESSIONAL OFFICE DISTRICT TO "B-I" NEIGHBORHOOD
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of AI Landry, Jr. for amendment to the
zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 16, 2000, dudng a meeting of the Planning Commission, and on Tuesday,
September 19, 2000, dudng a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of Lots 17 and 18, Park Block, Ocean View, located
on the northwest corner of Elizabeth and Santa Fe Streets, from "AB" Professional
Office Distdct to "B-1. Neighborhood Business District.
SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 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 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
\\C~TYHALL~2~USERS~LEG~D~R\N~EM~\DD~URTiSvv1YD~CS~P&Z(~RD~D~YLEC~Z~8~o~5A~D~C
/Z.
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19th day of September 2000.
A'FI'EST: THE CITY OF CORPUS CHRISTI
Arrnando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM September 12, 2000
James R. Bray, Jr.
City Attorney
Senior Assistant City Attorney
%\C~TY~LL~2\USERS\LEG~D~R~N~EM~\~D~URT~S`M~D?~2~P&Z~RD~D~YLEC~8~5A.~C
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY AL
LANDRY, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO
LOTS 17 AND 18, PARK BLOCK, OCEAN VIEW, FROM "AB"
PROFESSIONAL OFFICE DISTRICT TO "B-4" GENERAL BUSINESS
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations conceming the application of AI Landry, Jr. for amendment to fie
zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 16, 2000, dudng a meeting of the Planning Commission, and on Tuesday,
September 19, 2000, during 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
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of Lots 17 and 18, Park Block, Ocean View, located
on the northwest corner of Elizabeth and Santa Fe Streets, from "AB" Professional
Office District to "B-4" General Business District.
SECTION 2o That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 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 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
~TYHALL~2~USEERS~-EG~DIR~N~EM~DDCURT~SW~YD~CS~2~P&Z~RD~D~YLEC~Z~8~5B.D~C
170
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon wdtten request of the Mayo/or five Council members, copy
attached, the City Council (f) Finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19th day of September, 2000.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM September 12, 2000
James R. Bray, Jr.
City Attorney
By: ~~ ~ Senior Assistant City Attorney
\~C~TYHALL~2~USERS~EG~D~R~N~EM~\DDCURT~S~MYD~CS~2~Z~RD~D~YLEC~-~8~5B.D~C
171 /,~,
AGENDA MEMORANDUM
PUBLIC HEARING - ZOM NG (City Council Action Date: September 19, 2000)
Case No. 0800-06, Taft Investment Trust: A change of zoning from an "A-I" Apartment House
Dislrict to a "B-3" Business District on South Park Subdivision, Block 2, Lot 44, located on the northwest comer
of South Padre Island Drive and Kasper Street.
Planninl~ Commission and Staff's Recommendation (08102/00): Denied the "B-3" Business
District, and in lieu thereof, approved a "B-I" Neighborhood Business Dislrict with a Special Permit for auto
sales use subject to a site plan and eight (8) conditions.
Retluested Council Action: Denial of the "B-3" Business Disnict, and in lieu thereof, approval of a "B-I"
Neighborhood Business DisU'ict with a Special Permit for auto sales use subject to a site plan and eight (8)
conditions and adoption of the attached ordinance.
PurnoseofReuuest: To convert the properry into an auto sales lot.
Summary: The applicant has requested a change of zoning liom an "A-I" Apartment House District to a "B-3"
Business District in order to convert the residential lot into a used car sales lot. There is an 832 square foot
residential structure and a 200 square foot garage building that the applicant proposes remodel into office and
storage area. The subject property is located at the intersection of a local street, Kasper Street, and an expressway
frontage road, South Padre Island Drive. With direct access to Kasper Street, nonresidential traffic may traverse the
residential neighborhood. Although the Southeast Area Development Plan recommends the area to develop with
general commercial uses, its policies state that the transition should be a gradual transition. The "B-3" Dislrict
permits uses that are not appropriate when adjacent to residential uses. However, with di~ent access to an
expressway frontage road, an auto sales use may be appropriate, especially since an auto sales lot is currently
operating across Kasper Street from the subject property. The auto sale use may be permitted trader a Special
Permit to ensure no access to Kasper Street and to limit the number of vehicles sold on the subject property. Staff
has realized that a typical single-family lot may not be adequate to accommodate an unrestricted auto sales lot. The
auto sales lot to the east packs the vehicles in without providing off-stteet customer parking and has received a
notice of violation for the lack of off-street parking. Therefore, Staff is of the opinion that the subject property could
accommodate thirteen (13) vehicles for sale and the required off-street parking of three (3) parking spaces.
The applicant recommended denial of the "B-3" Business District, and in lieu thereof, approval of a "B-I"
Neighborhood Business District with a Special Permit for auto sales use subject to a site plan and the following eight
(8) conditions:
1)
USE: The only use authorized by this Special Permit other than the basic "B-I" Neighborhood Business
District permitted uses is an auto sales lot. No on-site repair work of any type may be performed.
2) AUTO SALES: The auto sales use is limited to no more than thirteen (13) vehicles for sale at one time.
3)
LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from
the surrounding residences and public rights-of-way.
4) SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited.
s)
ACCESS: Vehicle access or drive approaches to Kasper Street are prohibited. The existing drive approach
on Kasper Street must be removed and replaced with full curb and gutter before a certificate of occupancy
is issued.
173
Agenda Memorandum
September 19, 2000
Case No. 0800-06 (Taft Investment mist)
Page 2
6)
SCREENING: A standard screening fence with a height of not less than six (6) feet must be located along
the north and west property lines. However, within ten (I0) feet of the Kasper Street fight-of-way line, the
screening fence must have a height of three (3) feet. A length not to exceed five (5) feet and ten (10) feet
from the Kasper Street right-of-way line may be used to trausition the fence from a height of six (6) feet to
three (3) feet. The fence must be installed before a certificate of occupancy is issued.
7)
LANDSCAPING: Landscaping must be provided in accordance with Article 27B, Landscape Regulations,
as if new construction. In addition to the requirements of Article 27B, a landscape strip with a width of not
less ,hun five (5) feet with canopy trees set at fifty (50) feet on center must be provided along the South
Padre Island Drive frontage. All landscape material must be kept in a healthy and growing condition at all
times. All landscape material must be installed before a certificate of occupancy is issued.
8)
TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this
ordinance unless the property is being used as outlined in condition #1 and in compliance with all other
conditions.
AOnlicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior m the date of this memorandum, twenty-four (24) notices were mailed to the property owners
within a 200-foot radius, of which one (I) was returned in favor and two (2) in opposition. The 20% rule is not in
effect. t
Director of Planning
MG/MS/er
Attachments:
1 ) Zoning Report Pages 3- I I
2) Comments Received Pages 12-13
3) Planning CommJssion Minutes Pages 14-16
4) Ordinances Pages 17-21
H:~PLN-DIR~EP, MA\WOP, D~AGENDMEM\0800-O6AGENDAMEMO.DOC
174
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearine Date:
Map No.:
Applicant:
Legal Descrintion/Location:
0800-06
August 16,.2000
90-6 (I15D)
Taft Investment Trust
South Park Subdivision, Block 2, Lot 44, located on the northwest comer of South Padre Island
Drive and Kasper Street.
0,203 acre (8,844 square feet)
Same as above.
"A-I" Apartment House District
"B-3" Business District
Single-family residence.
Convert property into an auto sales lot.
Notapplicable.
Area of ReQuest:
Lot(s) Area:
Current Zonin2:
Request:
Current Use of Prohetty:
Purpose of ReQuest:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zonin2:
North, West - "A-I" Apartment House District
South - "B-4" General Business District
East - "B-I" Neighborhood Business District xvith a "SP" Special Permit
Adiacent Land Use:
North, West - Single-family residences.
South - (across South Padre Island Drive) Auto sales lots.
East - (across Kasper Street) Auto sales lot.
175
Zoning Report
Case No. 0800-06 (Taft Investment Trust)
Page 2
Number of Residential Units Allowed:
"A-i" - 4 units (21.78 dwelling units per acre)
"B-3" - Residential development is not permitted.
Estimated Traffic Generation:
Automobile sales - 47.91 average weekday vehicle trip ends per 1,000 square feet of gross floor area
x 1,032 square feet of gross floor area = 49 average weekday vehicle trip ends.
Adiaeent Streets/Classification:
a) Kasper Street - local
b) South Padre Island Drive - expressway
Right-of-Way Design
Current:
a) 50-foot fight-of-way with a 28-foot back-to-back paved section.
b) Variable fight-of-way and pavement width.
Planned:
a, b) Same as current.
1996 Traffic Count (24-hour. weekdav, non-directional):
a) None available.
b) 138,780 vehicle per day (west of Carroll Lane)
Zoning History of ProOertv:
There has been no rezoning activity within the past five (5) years.
Recent Surroundin~ Zonin~ Cases:
In June 2000, Lot 43, Block 4, located on the west side of Monitor Street, north of South Padre
Island Drive and east of the subject property, was granted a change of zoning from an "A-I" Distact
to a "B-4" District for an auto sales lot. This lot is to be used in conjunction with the adjacent lot
to the south, Lot 44.
176
Zoning Report
Case No. 0800-06 (Tat~ Invesunent Trust)
Page 3
In September 1999, Lot 44, located on the northwest comer of South Padre Island Drive and Monitor
Street and east of the subject property, was granted a change of zoning from an "A-I" District to a
"B-4" District for an auto sales lot..
In December 1997, Lot 1, Block 3, located on the northeast comer of South Padre Island Drive and
Kasper Street and east of the subject property, was denied a ~hange of zoning for an "A-i" District
to a "B4" District, but In lieu thereof, was granted a "B-I" District with a Special Permit for an auto
sales lot.
In November 1991, Lot 44, Block 3, located on the northwest comer of South Padre Island Drive and
Concord Street and east of the subject property, was denied a change of zoning from an "A-I'
District to a "B-I" District, but in lieu thereof, was grated an "AB" District with a Special Permit
for the retail sales associated with the barber shop.
Zonin2 Inventory:
The subject property is part of an area containing of approximately 5.26 acres of land zoned an "A-1"
District and developed with single-family residences. To the east, there is a 0.71 -acre tract of land
zoned a "B-I" District with a Special Permit and developed with an auto sales use. Further east,
there is a 0.69-acre tract of land zoned an "AB" District with a Special Permit and developed with
a hair salon with retail sales. Adjacent to the north of the "A-I" District, there is a large area
extending north o f McArdle Road and containing 2, 126.98 acres of land zoned an "R-1B" District
that has been developed with single-family residences. The "B-4" District located to the south and
west, extends along South Padre Island Drive, contains 88.33 acres and is developed with auto sales
lots, offices and retail stores.
Planninl~ Staff Anaivsis:
General Characteristics and Background: The applicant has requested a change of zoning
from an "A-I" Apartment House District to a "B~3" Business District in order to convert the
residential lot into a used car sales lot. There is an 832 square foot residential structure and
a 200 square foot garage building that the applicant proposes remodel into office and storage
area. The subject property is located at the intersection of a local street, Kasper Street, and
an expressway frontage road, South Padre Island Drive. With direct access to Kasper Street,
nortresidential traffic may traverse the residential neighborhood. Although the Southeast
Area Development Plan recommends the area to develop with general commercial uses, its
policies state that the transition should be a gradual transition. The "B-3" District permits
uses that are not appropriate when adjacent to residential uses. However, with direct access
to an expressway frontage road, an auto sales use may be appropriate, especially since an
auto sales lot is currently operating across Kasper Street from the subject property. The auto
sale use may be permitted under a Special Permit to ensure no access to Kasper Street and
to limit the number of vehicles sold on the subject property. Staff has realized that a typical
single-family lot may not be adequate to accommodate an unrestricted auto sales lot. The
auto sales lot to the east packs the vehicles in without providing off-street customer parking
177
Zoning Repon
Case No. 0800-06 (Taft Investment Trust)
Page 4
and has received a notice of violation for the lack of off-street parking. Therefore, Staff is
of the opinion that the subject property could accommodate thirteen (13) vehicles for sale and
the required off-street parking of three (3) parking spaces.
Conformity to the Comprehensive Plan and Land Use Comoatibilitv: Overall, the
Comprehensive Plan Elements can be supportive of the requested "B-3" District due to its
direct access to an expressway frontage road. The Southeast Area Development Plan's
adopted future land use map recommends the area to develop with general commercial uses.
However, other policies state that the transition from residential to nonresidential should be
a gradual transition.
Potential Housin~ Densit'V: An "A-I" District permits a density of 21.78 dwelling units per
acre or four (4) units on the subject property. The requested "B-3" District does not permit
any residential development. A "B-I" District permits a density of 36.30 dwelling units per
acre or seven (7) unit on the subject property. The change of zoning to a "B-I" District will
increase the potential residential development, but the increase in density would not
adversely impact the area.
Heimht/Bulk/Setbacks/Etc.: All of the districts, the "A-i", "B-3", and "B-I" Districts, require
a front yard setback of 20-feet. The side and rear yard setbacks in an "A-I" District are ten
(10) feet for the first floor plus five (5) feet for each additional story above the first floor with
a height limitation of 35 feet, not to exceed three (3) stories. In the "B-3" and "B-I"
Districts, there are no side or rear yard setbacks unless adjacent to a residential district where
a setback often (10) feet would be required along that residential adjacency. Buildings in
the "B-I" District at limited to a height of 35 feet not to exceed three (3) stories and there is
no height limitation in the "B-3" District.
Signage: In an "A-l" District, permitted uses other than one and two-family dwellings, are
allowed to have one, forty (40) square foot wall sign or one, forty (40) square foot, 10-foot
tall freestanding sign per street frontage. The freestanding sign must be set back at least ten
(10) feet from the property line. The "B-3" District permits unlimited wall and freestanding
signs provided they are located behind the front yard setback. If the freestanding sign is
located within the front yard setback, it is limited to one freestanding sign per street frontage
with a sign area of forty (40) square feet and a height of 25 feet. Wall signs in the "B-I"
District are unlimited but the freestanding sign is limited to one sign per premise with a sign
area of forty (40) square feet and a height of twenty (20) feet.
Traffic: The subject property has direct access to a local street, Kasper Street, that traverses
an established, stable residential area which connects an arterial, McArdle Road, to the
freeway, South Padre Island Drive. Adopted City policies discourage commercial traffic
from traversing residential areas. Although the majority of the traffic would probably use
the frontage road for access, some of the traffic coming from the north would use the local
streets intersecting McArdle Road.
178 ~
Zoning Report
Case No. 0800-06 (Taft Inveswnent Trust)
Page 5
Parkinv_/Screenin~: An auto sales use is required to provide one parking space for each 400
square feet of gross floor or three (3) off-street parking spaces for the 1,032 square feet of
gross floor area. Compliance with the off-street parking regulations will be required before
a certificate of occupancy can be issued. A standard screening fence with a height of not less
than six (6) feet is required when a business of indnstrial use locates adjacent to a residential
district. A standard screening fence will be required albng the north and west property lines.
Costs to City: All of the infi-astmcture required to serve the subject property is in place and
no costs to the City are anticipated.
· Platting: The subject property contains a platted lot and further replatting is not required.
Pros: (Ideas in support of the request.)
The requested "B-3" District is consistent with the adopted Southeast Area Development
Plan's recommended land use.
Cons: (Ideas in support of maintaining the current zoning.)
With the adjacent area containing a stable residential area, approval of the "B-3" District
would adversely impact the area.
b)
The auto sales use can be accomplished through a Special Permit and changing the
underlying zoning to a "B-I" District.
Staff Recommendation:
Denial of the "B-3" District, and in lieu thereof, approval of a "B-I" Neighborhood Business District
with a Special Permit for an auto sales use subject to the following conditions:
USE: The only use authorized by this Special Permit other than the basic "B-I"
Neighborhood Business District permitted uses is an auto sales lot. No on-site repair work
of any type may be performed.
AUTO SALES: The auto sales use is limited to no more than twelve (12) vehicles for sale
at one time.
LIGHTING: All exterior lighting must be directional and shielded. Lighting must be
directed away from the surrounding residences and public rights-of-way.
4, SPEAKERS: Outside paging, speakers, telephone bells, or similar devices are prohibited.
179
7
Zoning Report
Case No. 0800-06 (Taft Investment Trust)
Page 6
ACCESS: Vehicle access or drive approaches to Kasper Street are prohibited. The existing
drive approach on Kasper Street must be removed and replaced with full curb and gutter
before a certificate of occupancy is issued.
SCREENING: A standard screening fence with a height of not less than six (6) feet must be
located along the north and west property lines. However, within ten (10) feet of the Kasper
Street right-of-way line, the screening fence must have a height of three (3) feet. A length
not to exceed five (5) feet and ten (10) feet from the Kasper Street right-of-way line may be
used to transition the fence from a height of six (6) feet to three (3) feet. The fence must be
installed before a certificate of occupancy is issued.
TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of
the date of this ordinance unless the property is being used as outlined in condition #1 and
in compliance with all other conditions.
Attachments:
Zomng and Ownership Map
Ownership List
Southeast Area Location Map
H:\PLN-DIR\ERMA\WORD'ZONRPTS',0800-O6REpORT.DOC
180 ~
/ /
37
D
· " "' / 91 16"'
Aug 10, 2000- ~,P ~ Subiect property
iist
Case No, 0800-08
1 18879.50 443000040020
2 1809.50 443000400190
3 6.92 818700010410
4 966.61 818700010420
5 1835.38 818700010430
6 1819.00 818700010440
7 8119.88 818700020010
8 8978.75 818700020020
9 8981.75 818700020030
10 7854.82 818700020040
11 2614.50 818700020050
12 5699.06 818700020400
13 8954.00 818700020410
14 8954.88 818700020420
15 8954.12 818700020430
16 10636.88 818700030010
17 9084.50 818700030020
18 9084.07 818700030030
19 7728.88 818700030040
20 2500.94 818700030050
21 781.50 818700030420
22 1699.75 818700030430
23 2242.75 818700030440
24 148110.25 ROW
SP 9662.67 818700020440
Leroy San Miguel
Maintenance Department
LUNDQUIST AUTOMOTIVE INC
PAGAN LEWIS MOTORS INC
BLEVINS DON E &
pITTMAN MARTIN L
GONZALEZ HILARIO G
ROY ALLEN F JR ETUX CAROL
SOVEY SAM F
MECHELL ROBT
ALCARAZ PAULO GUTIERREZ
ZAPATA ELIDA C
CARDENAS ALEXANDER AND
MORENO ADOLFO W
MORALES ERLINDA SANCHEZ
WINTEROTH PATRICIA
GARZA EDMUND ET UX ELSA M
KASPAN MICHAEL R
FRANCO BENJAMIN ET UX
PLUNK C B
POMPA JORGE RUBEN ET UX
CABRERAMARIA P
MALDONADO LUIS ET kL
WILLIAMS LELIA
VASQUEZ ENRIQUB M JR ET U
ROW
TAFT INVESTMEg TRUST
Corpus Christi Independent School District
P.O. Drawer Ii0
Corpus Christi, TX 78403
3615 PADRE ISI~LN'D
3737 PADRE ISLjLN'D
5029
5033 ANm2HONY
5037 AIq~"HONY
5041
5042 ]L~FI~tON'Y
5038
5034
5030 ANTRONY
5026 AI~ONY
5025 KASPER
5029 KASPER
5033 KASPER
5037 KASPER
3702 PADRE ISLAND
5038 KASPER
5034 F,3~PER
5030 KASPER
5026 KASPER
5033 CONCORD
5037 CONCORD
3730 PADRE ISLAND
ROW ROW
5041 KASPER
183
C_
/I
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0800-06
Taft Investment Trust
· Favor
X Opposed
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
7)
Sam F. Sovey, 5042 Anthony
"The town can only grow south or west. I think it will help the southside grow."
ODDosition:
15) Edmund Garza, 5037 Kasper
"Congestion: Car lot employees, residents, customer parking on Kasper/South
Padre Island Drive access road.
Traffic: Street used by parents to and from school, car lot employees, customers,
and residents.
Parking: No parking ordinance (along) South Padre Island Drive access road
(from) Kasper to Carroll Lane.
Children's Safety: Estimate 8-10 children live within the first 10 homes from
South Padre Island Drive access road on Kasper, ranging in age from 5
years to 12 years old plus teen. One 10 or 11 year old hit by car within the
last 4 months with numerous close calls.
Storage: Existing car lot already using property to store overflow of cars on daily
basis (remove nightly) with car wrecker out late night."
18)
C. B. Plunk, 5034 Kasper
No written comment.
184 /Z,
Comments Received
Case No., 0800-06 (Taft Investment Trust}
Page 2
II.
III.
Responses received from outside the 200-foot notification area:
Favor: None.
O~nosition: None.
Responses received from owners/applicants of subject' area:
Favor: None.
ODDosition: None.
HAPLN-DIR\ERMA\WORD\COMMDATA~0g00-06COM.DOC
185
Planning Commission Minutes
August 16. 2000
Taft Investment Trust:
0800-06
REQUEST:
"A-I" Apartment House District to "B-3" Business District on South Park Subdivision, Block 2,
Lot 44 and located on the northwest comer of South Padre Island Drive and Kasper Street
,Mr. Saidaria presented a slide illustration of the subject property and the sunounding area. The subject
propert>., is part of an area containing of approximately 5.26 acres of land zoned an "A-I" District and developed
with single family residences. To the east, there is a 0.71-acre tract of land zoned a "B-I" District with a Special
Permit and developed with an auto sales use. Further east, there is a 0.69 acre tract of land zoned an "AB" District
with a Special Permit and developed with a hair salon with retail sales. Adjacent to the north of the "A-I" District,
there is a large area extending north of McArdle Road and containing 2,126.98 acres of land zoned an "R-1B"
District that has been developed with single-family residences. The "B-4" District located to the south and west,
extends along South Padre Island Drive, contains 88.33 acres and is developed with auto sales lots, offices and retail
stores.
.Mr. Saidaria stated that the applicant requested a change of zoning to convert the residential lot into a used
car sales lot. There is an 832 square foot residential structure and a 200 square foot garage building that the
applicant proposes to remodel into an office and storage area. The subject property is located at the intersection of a
local street, Kasper Street, nonresidential traffic may traverse the residential neighborhood, which is contrary to
adopted City policies. A "B-3" District is not appropriate at this time due to its adjacency to existing residential
uses. Although the Southeast Area Development Plan recommends the area to develop with general commercial
uses, its policies state that the transition should be a gradual transition. The "B-3" District permits uses that are not
appropriate when adjacent to residential uses. However, with direct access to an expressway frontage road, an auto
sales use may be appropriate, especially since an auto sales lot is currently operating across Kasper Street from the
subject property. The auto sale use may be permitted under a Special Permit to ensure no access to Kasper Street
and to limit the number of vehicles sold on the subject property. Staff has realized that a typical single-family lot
may not be adequate to accommodate an unrestricted auto sales lot. The auto sales lot to the east packs the vehicles
in without providing off-street customer parking and has received a notice of violation for the lack of off-street
parking. Therefore, Staff is of the opinion that the subject property could accommodate twelve (12) vehicles for salt
and the required off-street parking of three (3) parking spaces.
The subject property. is within the Southeast Area Development Plan which recommends the area to
develop with general commercial uses. However, other policies state that the transition from residential to
nonresidential should be a gradual transition. Therefore, Staff recommends denial of the "B-3" District, and in lieu
thereof, approval of a "B-I" Neighborhood Business District with a Special Permit for an auto sales use subject to
the following conditions:
1)
2)
3)
4)
5)
6)
7)
Use. The only use authorized by this Special Permit other than the basic "B-I" Neighborhood
Business District permitted uses is an auto sales lot. No on-site repair work of any type may be
performed.
Auto Sales. The auto sales use is limited to no more than twelve (12) vehicles for sale at one time.
Lit'htin,o. All exterior lighting must be directional and shielded. Lighting must be directed away
from the surrounding residences and public rights-of-way.
Speakers. Outside paging, speakers. telephone bells, or similar devices are prohibited.
Access. Vehicle access or drive approach to Kasper Street are prohibited. The existing drive
approach on Kasper Street must be removed and replaced with flail curb and gutter before a
certificate of occupancy is issued.
Screening. A standard screening fence with a height of not less than six (6) feet must be located
along the north and west property. lines. However. within ten (10) feet of the Kasper Street right-
of-way line. the screening fence must have a height of three (3) feet. A length not to exceed five
(5) feet and ten (10) feet from the Kasper Street right-of-way line may be used to transition the
fence from a height of six (6) feet to three (3) feet. The fence must be installed before a certificate
of occupancy is issued.
Time Limit. Such Special Permit shall be deemed to have expired within one (I) year of the date
of this ordinance unless the property. is being used us outlined in condition # 1 and in comptianc~
with all other conditions.
186
Planning Commission Minutes
August 16, 2000
Case No. 0800-06 (Taft Investmere Trust)
Page 2
There were 24 notices were mailed to subject property owners within a 200-foot radius of the subject
property of which one (1) was returned in favor and two (2) were returned in opposition.
Chairman Berlanga opened the public hearing.
Mike Kasper, representing Taft Investment Trust, stated that lle agreed with the information provided with
respect to the lot across the street from the subject property. However, Mr. Kasper requested that the applicant not
be penalized for the action of another busthess in the area. He plans to lease the property and will require the lessee
to abide by the Special Permit as recommended by Staff. Mr. Kasper submitted a site plan illustrating 13 parking
spaces for vehicles to be sold and three (3) additional parking spaces for employees and customers. Access to the
business will be via South Padre Island Drive and access to the residential, Kasper Street, will be eliminated.
Edmund Garza, 5037 Kasper, expressed concern with the traffic volume that will result from another car lot
on the corner of Kasper St~et and South Padre Island Drive. Mr. Garza said that there are children in the area due
to the adjacency of an elementary school and believes the danger level will increase. He said that people view the
vehicles for sale as they drive along Kasper Street. He explained that patrons of the existing car lot park their
vehicles in front of his home while they negotiate the price of a vehicle due to the fact that the owner of the car lot
has not provided adequate space for customers to park on the property. Mr. Garza stated that vehicles accessing
Kasper Street via South Padre Island Drive cannot view vehicles going north on Kasper Street which is another
dangerous issue. He requested that a no parking sign be erected to eliminate on-street parking. With regard to the
subject property, Mr. Garza stated that he does not believe the subject property is large enough to accommodate 13
vehicles for sale and three (3) additional spaces. Mr. Garza added that the owner of the property across from the
subject property hired a rowing company to remove vehicles at night, which is disruptive to the neighborhood.
Elsa Garza, 5037 Kasper, stated that patrons park along Somh Padre Island Drive to patronize the business.
She stated that the view is block of oncoming traffic on South Padre Island Drive which makes it dangerous to exit
from Kasper Street.
Mr. Kaspar agreed with the neighbors and stated that he and his client would abide with any conditions that
will be implemented in the Special Permit.
Cynthia Franco, 5038 Kaspcr, stated that she has received notices of zoning violations due to the car lot
across from the subject property parking vehicles on the grass front of her home and requested information to
remedy the situation.
Public hearing was closed.
Notation was made to include condition #8 as Landscaping requirement.
Commission expressed concerns regarding patrons of the existing car lot parking in front of the residents
homes and offered suggestions to remedy the situation. The Police Department could issue citations for vehicles
parked on the public right-of-way or placement of no parking signs could be placed in fi'ont of the residents homes.
There was also concern with adequate parking for the proposed car lot on the subject property, and the impact it will
have on the residents of the adjacent neighborhood.
In response to Vice Chairman Mires' question regarding "B-I" District uses, Mr. Saidaria listed some
allowable uses as being a convenience store. fueling station, video rental business, or a restaurant with or without
alcoholic beverages. Mr. Saidaria continued that a "B-I" District allows a larger sign as compared to an "A-I"
District which allows a 40-square foot sign. The "AB" District is more restrictive. A "B-1A" District would allow
30 square foot sign and/or a wall sign on the building.
187
Planning Commission Minutes
August 16, 2000
Case No. 0800-06 (Tat~ Investment Trust)
Page 3
Motion by Amsler, seconded by Mires, to approve a "B-I" Neighborhood Business District with a Special
Permit subject to eight (8) conditions and amending condition #2 to allow 13 cars. Motion passed unanimously with
Amsler. Berlaiaga, Kelly, Mires. and Richter voting "Aye"; Salazar, Sween-McGloin, and Zamora voting "Nay";
and Cheek being absent.
188 /¢~
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
TAFT INVESTMENT TRUST, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOT 44, BLOCK 2, SOUTH PARK SUBDIVISION,
FROM "A-I" APARTMENT HOUSE- DISTRICT, TO "B-I"
NEIGHBORHOOD BUSINESS DISTRICT AND A SPECIAL PERMIT
FOR AN AUTO SALES LOT, SUBJECT TO A SITE PLAN AND EIGHT
(8) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Taft Investment Trust for amendment to
the zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 16, 2000, during a meeting of the Planning Commission, and on Tuesday,
September 19, 2000, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of Lot 44, Block 2, South Park Subdivision, located on
the northwest corner of South Padre Island Drive and Kasper Street, from "A-1"
Apartment House District" to "B-1" Neighborhood Business District.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for an auto sales use on Lot 44, Block 2, South
Park Subdivision, (zoned "B-1" Neighborhood Business District by Section I of this
Ordinance).
SECTION 3. That the Special Permit granted in Section 2 of this Ordinance is subject
to a site plan and the following eight (8) conditions:
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Page2of4
1. USE: The only use authorized by this Special Permit other than the basic
"B-1" Neighborhood Business District permitted uses is an auto sales lot. No
on-site repair work of any type may be performed.
2. AUTO SALES: The auto sales use is limited to no more than thirteen (13)
vehicles for sale at one time.
3, LIGHTING: All exterior lighting must be directional and shielded. Lighting
must be directed away from the surrounding residences and public rights-of-way.
4. SPEAKERS: Outside paging, speakers, telephone bells, or similar devices
are prohibited.
5. ACCESS: Vehicle access or ddve approaches to Kasper Street are
prohibited. The existing drive approach on Kasper Street must be removed and
replaced with full curb and gutter before a certificate of occupancy is issued.
6. SCREENING: A standard screening fence with a height of not less than six
(6) feet must be located along the north and west property lines. However, within
ten (10) feet of the Kasper Street right-of-way line, the screening fence must
have a height of three (3) feet. A length of fence not to exceed five (5) feet,
ending at a point ten (10) feet from the Kasper Street right-of-way line, may be
used to transition the fence from a height of six (6) feet to three (3) feet. The
fence must be installed before a certificate of occupancy is issued.
7. LANDSCAPING: Landscaping must be provided in accordance with Article
27B, Landscape Regulations, as if new construction. In addition to the
requirements of Article 27B, a landscape stdp with a width of not less than five
(5) feet with canopy trees set at fifty (50) feet on center must be provided along
the South Padre Island Drive frontage. All landscape material must be kept in a
healthy and growing condition at all times. All landscape material must be
installed before a certificate of occupancy is issued.
8. TIME LIMIT: This Special Permit shall be deemed to have expired within one
(1) year of the date of this ordinance unless the property is being used as
outlined in condition #1 and in compliance with all other conditions.
SECTION 4. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Sections 1
through 3, inclusive, of this ordinance.
SECTION 5. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
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.
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Page 3 of 4
SECTION 6. That to the extent that the foregoing amendments to the Zoning
Ordinance represent a deviation from the Comprehensive Plan, the Comprehensive
Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 7. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 8. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 9. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19th day of September, 2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM September 12, 2000
James R. Bray, Jr.
City Attorney
By: SDeonylii~tCityAttorney,~
\\~TYH~LL~2\U~ERS\LEG~D~R~N~EM~\DDCUR~!S~MYD(~9~-~P&Z~RD~\D~YLEC~Z~8~6AD~C
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
TAFT INVESTMENT TRUST, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOT 44, BLOCK 2, SOUTH PARK SUBDIVISION,
FROM "A-I" APARTMENT HOUSE DISTRICT TO "B-3" BUSINESS
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concoming the application of Taft Investment Trust for amendment to
the zoning ordinance and zoning map of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
August 16, 2000, during a meeting of the Planning Commission, and on Tuesday,
September 19, 2000, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE tT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of Lot 44, Block 2, South Park Subdivision, located on
the northwest corner of South Padre Island Drive and Kasper Street, from "A-1"
Apartment House District to "B-3" Business District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 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 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance. as amended by this ordinance.
\~C~l-YHALL~2~USERSU-EG~D~R~N~EM~DDCURT~SWiYD~CS~2~P&Z~RD~D~YLEC`Z~8~6B~D~C
192 2,
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti.
SECTION 7. That upon written request of the Mayor'or five Council members, copy
attached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19t" day of September, 2000.
ATTEST:
THE CITY OF CORPUS CHRIST|
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM September '12, 2000
James R. Bray, Jr.
City Attorney
By:_~,~_~
ity Attorney
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KASPER S..~
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Z
194
AGENDA MEMORANDUM
Date: September 13, 2000
SUBJECT:
Houston-Galveston Clean Air Rules and Plans'
Environmental Programs
AGENDAITEM:
Resolution urging the Texas Natural Resource Conservation Commission to continue its support
for the Flexible Attainment Region Memorandum of Agreement for Nueces and San Patdcio
counties and opposing the application of portions of the "Houston-Galveston Clean Air Rules and
Plans" to Nueces and San Patdcio counties.
ISSUE: The Texas Natural Resource Conservation Commission proposed a set of roles designed
to bring the Houston-Galveston Area into compliance with the National Ambient Air Quality
Standard for ozone. Many of these rules place expensive emissions control requirements on a
large geographic area which includes Nueces and San Patricio counties. There is no existing
scientific justification for including Nueces and San Patdcio counties in this mandate.
FUNDING: There are no funding requirements associated with this resolution.
RECOMMENDATION: Staff recommends approval of the resolution as presented.
Director, Office of Environmental Programs
Attachments:
1. Summary of prior Council Action
195
BACKGROUNDINFORMATION
Sub,iect: Houston-Galveston Clean Air Rules and Plans
Project Description:
The Texas Natural Resource Conservation Commission CTNRCC) is required by the Federal Clean
Air Act (CAA) and its implementing regulations to promulgate rules designed to bring urban areas
currently in violation, or non-attainment, of the one-hour National Ambient Air Quality Standard
(NAAQS) for ozone into compliance within a specified time frame. For the eight county Houston-
Galveston Area (HGA), that compliance date is November 15, 2007. The TNRCC is required to
develop a State Implementation Plan (SIP) containing rules to reduce emissions of ozone
precursors and demonstrate with good science that the resulting reductions will bdng the area into
compliance by that date. If the state does not produce a SIP that the U.S. Environmental
Protection Agency (EPA) will approve, federal highway funds for that area may be withheld.
TNRCC proposed a package of 16 individual rules on August 9, 2000 and scheduled a series of
hearings on them. The last hearing is scheduled in Corpus Christi on September 25, 2000.
Five of the TNRCC proposed rules apply to the East/Central Texas area, which includes Nueces
and San Patdcio Counties, or to the entire state. These include low sulfur gasoline and diesel
fuels, small engines meeting California standards, residential and commercial air conditioners with
ozone reducing coatings, and modifications to the emissions banking and trading rule. Several of
these may be quite expensive to area residents and businesses, and may be quite difficult, if not
impossible, to comply with. In proposing these rules, TNRCC did not demonstrate any benefit to
be accrued in the HGA from their imposition in the Corpus Chdsti area.
This resolution urges the TNRCC to allow Nueces and San Patdcio counties to continue the
voluntary emissions reduction programs initiated locally under the Flexible Attainment Region
Agreement and urges the removal of the two counties from any rules promulgated for the HGA SIP.
The resolution will be presented to TNRCC at the September 25, 2000 hearing.
Prior Council Action:
Council has approved a number of contracts from TNRCC for funding of air quality research and
pollution prevention activities. The project work was conducted by Texas A&M University-Corpus
Christi and Texas A&M University-Kingsville through subcontracts with the City.
Future Council Action: Approval of additional contracts for $15,000 or mere for Appropriations
Rider Funds for air quality research and planning which may become be available early in 2001
based on the State Comptroller's audit of the No. 151 Clean Air Fund. Additional contracts and
contract amendments will also be forthcoming for related project work with the universities.
197
SUMMARY
PRIOR COUNCIL ACTION
February 10. 1998 - Ord. No. 023208 authorizing the City Manager, or his designee, to
execute a Rider 17 Interlocal Contract with the TNRCC in the amount of $283,750 for Air
Quality Planning Activities in Nueces and San Patdcio Counties.
Apdl 28. 1998 - Ord. No. 023298 appropdating $283,750'in the No. 1050 Federal/State
Grants Fund for Air Quality Planning activities in Nueces and San Patricio Counties.
April 28. 1998 - Ord. No. 023299 authorizing the City Manager, or his designee, to execute
an Intedocal Agreement with TAMU-CC in the amount of $70,000 for air quality planning
activities in Nueces and San Patricio Counties.
May 11. 1999 - Ord. No. 023634 apprepdating $167,000 in supplemental funding from
TNRCC to continue research and outreach activities through Texas A&M University
Kingsville and Corpus Chdsti to address issues related to attainment with the federal ozone
and particulate standards.
March 28.2000 - Ord. No. 023989 appropriating $30,000 of Appropriation Rider 13 grant
funds from the TNRCC for work plan development of air quality research and planning
projects and motions authodzing fie City Manager or his designee to execute contracts with
Texas A&M University at Corpus Christi and Kingsville to produce those work plans.
August 22. 2000 - Ord. No. 024170 appropriating $465,075 of Appropriation Rider 13 grant
funds from the TNRCC for air quality planning and research.
199
RESOLUTION
URGING THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION TO CONTINUE ITS SUPPORT FOR THE FLEXIBLE
ATTAINMENT REGION MEMORANDUM OF AGREEMENT FOR
NUECES AND SAN PATRICIO COUNTIES AND OPPOSING THE
APPLICATION OF PORTIONS OF THE "HOUSTON-GALVESTON
CLEAN AIR RULES AND PLANS" TO NUECES AND SAN PATRICIO
COUNTIES
WHEREAS, Texas has complex air quality issues requiring a regional approach to
assure clean air for all of Texas; and
WHEREAS, in 1996 Nueces and San Patdcio Counties acting through the Corpus
Christi Air Quality Committee flnalized a five-year plan for identifying actions that have
been implemented by residents and businesses on a voluntary basis to control and
reduce air pollution including ambient ozone, and said plan was forrealized in a flexible
attainment region memorandum of agreement approved by the U.S. Environmental
Protection Agency and the Texas Natural Resource Conservation Commission; and
WHEREAS, residents and businesses of Nueces and San Patdcio Counties have
faithfully carried out the provisions of the plan embodied in that agreement successfully
reducing and controlling ambient ozone so that Nueces and San Patricio Counties
comprising the Corpus Christi urban airshed are in attainment of the National Ambient
Air Quality Standard for ozone adopted by the U.S. Environmental Protection Agency
pursuant to the Clean Air Act, including both the standard based on a one hour average
and the standard based on an eight hour average, and gaining recognition for their
efforts:
Mr. Ralph Marquez, Commissioner of the Texas Natural Resource Conservation
Commission, said in Corpus Christi on June 15, 2000, that the people of Nueces
and San Patdcio Counties are to be commended for their proactive voluntary
efforts to control ambient ozone; and
Mr. Jeffrey A. Saitas, Executive Director, Texas Natural Resource Conservation
Commission, said to the Senate Natural Resources Committee in Corpus Christi
on June 29, 2000, that the Corpus Christi area should be recognized for its
proaCtive efforts to control ambient ozone, and that the results are showing up on
the monitors; and
Mr. Carl E. Edlund, P.E., Director, Planning and Permitting Division, U.S.
Environmental Protection Agency Region 6 said in Corpus Chdsti on August 8,
2000, that the Corpus Christi area has received national recognition for its
proactive and successful efforts to control ambient ozone and maintain
attainment status; and
HGA SIP Resolutjon R03833A1
200
2
WHEREAS, prior to completion of the five year plan in 2001, Nueces and San Patricio
Counties acting through the Corpus Christi Air Quality Committee intend to develop a
new five year plan of voluntary measures to assure continued attainment status, and to
seek approval by the U.S. Environmental Protection Agency and the Texas Natural
Resource Conservation Commission; and
WHEREAS, local small businesses have participated in ~n extremely effective voluntary
emissions reduction program administered by Texas A&M University-Corpus Christi, the
Pollution Prevention Partnership, on the basis that their efforts would remove the need
for mandatory control requirements and the TNRCC's extension of controls to the area
as a component of rules intended to satisfy the requirements of a SIP for the Houston-
Galveston area is viewed as a violation of their trust will lead to their dropping out of the
program; and
WHEREAS, the Texas Natural Resource Conservation Commission reviewed proposed
"Houston-Galveston Clean Air Rules and Plans" at its meeting on August 9, 2000, and
took action to authorize its staff to formally propose said rules; and
WHEREAS, three of the rules would apply to residents and businesses of Nueces and
San Patricio Counties and increase costs for living and conducting business, including a
rule that would increase the cost of air conditioning by requiring use of a commercially
unproven technology; and
WHEREAS, research funded from local sources in Nueces and San Patricio Counties
and performed by the Environmental Engineering Program of Texas A&M University -
Kingsville has shown conclusively that that air emissions in Nueces and San Patricio
Counties does not affect the level of ambient ozone in Houston (and indeed does not
affect the non-attainment status of any urban area in Texas) and this conclusion has
been reviewed, verified and agreed to by staff of the Texas Natural Resource
Conservation Commission; and
WHEREAS, the Texas Natural Resource Conservation Commission has worked hard to
confirm the regional transportation of ozone precursors, indicating a need for a regional
strategy for eastem and central Texas, but has not yet made the sound science effort to
determine if Nueces and San Patdcio Counties should be included in such a regional
strategy, and inclusion of Nueces and San Patricio Counties in the proposed strategy
for eastern and central Texas is not supported by sound science; and
WHEREAS, the Greater Houston Partnership has stated its concem that Houston
businesses will be at a competitive disadvantage if air emissions restrictions are more
stringent in Houston than in Corpus Chdsti, but it is important to all of Texas that
businesses be free to locate where the air is clean and the capacity for growth exists
without the onerous restrictions of non-attainment areas;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
HGA SiP Resolution R03833A1
201
3
SECTION 1. The Texas Natural Resource Conservation Commission is urged to
continue its partnership with the residents and businesses of Nueces and San Patdcio
Counties by modifying the proposed "Houston-Galveston Clean Air Rules and Plans" to
eliminate rules proposed for Nueces and San Patdcio Counties and instead provide
recommendations which can be considered for inclusion in the next five year plan and
renewal of the flexible attainment region memorandum of agreement in 2001.
SECTION 2. The Texas Natural Resource Conservation Commission is urged to
modify the proposed "Houston-Galveston Clean Air Rules and Plans" so that the
regional strategy is based on sound science and does not include Nueces and San
Patdcio Counties.
SECTION 3. The Texas Natural Resoume Conservation Commission is urged to
modify the proposed "Houston-Galveston Clean Air Rules and Plans" so that the rules
do not affect Nueces and San Patricio Counties or any other areas of the state that do
not affect air quality in Houston.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: day of ,2000.
James R. Bray Jr.
City Attorney
R. Jay Reining
First Assistant City Attorney
By:
HGA SIP Resolution R03833A1
202
AGENDA MEMORANDUM
Date: September 15, 2000
Agenda Items:
Ordinance authorizing the issuance and sale of $43,925,000* City of Corpus Christi, Texas Utility
System Revenue Refunding Bonds, Series 2000A.
Issue: The City has established an interim financing program (Commercial Paper) to finance major
utility system improvement projects. Commercial paper is issued throughout the year based on
individual council actions. This Ordinance refunds $43,925,000* of outstancling commercial paper
and replaces it with bonds. Currently, the City has issued Commercial Paper Notes designated to
be issued as appwved by Council in an mount not to exceed $50,000,000.
Required Council Action: Approve an Ordinance providing for issuance and sale of $43,925,000'
City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000A.
Future Council Action: None.
Recommendation: Staff recommends that the City Council approve the Ordinance authorizing the
issuance and sale of $43,925,000' City of Corpus Christi, Texas Utility System Revenue Refunding
Bonds, Series 2000A.
Dirietor of Finance
Attachments: Background Information
Ordinance
* Preliminary, subject to change on the sale of the bonds
203
BACKGROUND INFORMATION
The City Council approved the $50,000,000 Commercial Paper Program for utilities in 1997. The
City uses this program as an interim financing tool for approved utility system capital projects.
Commercial Paper allows the City to begin projects in a timely manner at lower short-term interest
rates without having to issue bonds before projects commence.
Currently, the City has $43,140,000 outstanding in commercial paper which needs to be refunded
as long-term debt. When the program was established, the Council was advised that Commercial
Paper refundings would occur when market conditions warranted the conversion of commercial
paper into long-t~tm debt. This action will restor~ the program to its original capacity of
$50,000,000 as previously approved by Council. The program will continue until December 2002.
Previous refundings of commercial paper were linked with other bonds issues and included proceeds
for capital projects. This particular issue re~mds only outstanding commercial paper.
204
ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF
$43,925,000 CITY OF CORPUS CHRISTI, TEXAS UTILITY SYSTEM
REVENUE REFUNDING BONDS, SERIES 2000-A
THE STATE OF TEXAS :
COUNTY OF NUECES :
CITY OF CORPUS CHRISTI :
WHEREAS, the City of Corpus Christi, Texas (the "City" of the "Issuer"), a "home-rule" city
operating under a home-rule charter adopted pursuant to Section 5 of Article XI of the Texas
Constitution, with a population according to the latest federal decermial census of in excess of
90,000, has heretofore issued its City of Corpus Christi, Texas Utility System Revenue Refunding
Bonds, Series 1990 (the "Series 1990 Bonds"), its Utility System Revenue Bonds, Series 1994 (the
"Series 1994 Bonds"), its Utility System Revenue Bonds, Series 1994-A (the "Series 1994-A
Bonds"), its Utility System Revenue Bonds, Series 1995 (the "Series 1995 Bonds"), its Utility
System Revenue Bonds, Series 1995-A (the "Series 1995-A Bonds"), its City of Corpus Christi,
Texas Utility System Revenue Refunding and Improvement Bonds, Series 1999 (the "Series 1999
Bonds"), its City of Corpus Christi, Texas Utilit-:' System Revenue Refunding and Improvement
BOnds. Series 1999-A, in the aggregate principal amount of $15,750,000 (the "Series 1999-A
Bonds") and its City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000
(the "Series 2000 Bonds"); and
WHEREAS, the Series 1990 Bonds, the Series 1994 Bonds, the Series 1994-A Bonds, the
Series 1995 Bonds, the Series 1995-A Bonds, the Series 1999 Bonds, the Series 1999-A Bonds and
the Series 2000 Bonds are sometimes collectively referred to herein as the "Previously Issued Priority
Bonds"; and
WHEREAS, the City has established an interim financing program pursuant to which the
City has issued commercial paper notes designated "City of Corpus Christi, Texas Utility System
Commercial Paper Notes. Series A", to be issued from time to time in an aggregate principal amount
not to exceed $50,000.000 at any one time outstanding (the "Commercial Paper Notes"); and
WHEREAS, the City currently has outstanding Commercial Paper Notes in the aggregate
principal amount of $43.140,000; and
WHEREAS, in the ordinance authorizing the issuance of the Series 1990 Bonds (the "Base
Ordinance"), the City reserved the right to issue revenue bonds on a parity with the Series 1990
Bonds; and
WHEREAS, it is appropriate and necessary.. in order to provide the citizens of the City more
efficient and reliable sen'ice. to issue revenue bonds on a parit3.' with the Previously Issued Priority
Bonds for the purpose of refunding all of the outstanding Commercial Paper Notes; and
WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to the
laws of the State of Texas. including specifically Chapters 1207 and 1502. Texas Government Code,
as amended, for the purposes set forth above.
205
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
Section 1. BONDS AUTHORIZED. That the City's bonds (the "Bonds") are hereby
authorized to be issued in the aggregate principal amount of $43,925,000 for the purpose of
refunding the City's outstanding Commercial Paper Notes, issued initially to finance improvements
and extensions to the System. The Bonds shall be designated as the "City of Corpus Chfisti, Texas
Utility System Revenue Refunding Bonds, Series 2000-A". The Bonds shall be issued, shall be pay-
able, are subject to redemption prior to their scheduled maturities, shall have the characteristics, and
shall be signed and executed (and the Bonds shall be sealed), all as provided, and in the manner
indicated, in the FORM OF BOND set forth in Section 6 of this Ordinance.
Section 2. DATE AND MATURII'IES. That the Bonds shall be dated September 15, 2000,
shall be in an Authorized Denomination, shall be numbered consecutively from R-1 upward, and
shall matare on July 15 in each of the years, and in the amounts, respectively, unless redeemed prior
to maturity as required or permitted in the FORM OF BOND set forth in Section 6 of this Ordinance,
as set forth in the following schedule:
YEARS AMOUNTS(S) YEARS AMOUNTS(S)
2001 1,195,000 2011 2,140,000
2002 1,265,000 2012 2,265,000
2003 1,340,000 2013 2,405,000
2004 1,420,000 2014 2,545,000
2005 1,505,000 2015 2,700,000
2006 1,600,000 2016 2,860,000
2007 1,695,000 2017 3,035,000
2008 1,795,000 2018 3,215,000
2009 1,905,000 20t9 3,410,000
2010 2,015,000 2020 3,615,000
Section 3. RIGHT OF PRIOR REDEMPTION. (a) That the City reserves the right to
redeem the Bonds maturing on and after July 15, 20__, in whole, or in part, on July 15, 20__ or on
any date thereafter, at the redemption price of par plus accrued interest thereon to the date fixed for
redemption. The Bonds or portions thereof redeemed within a maturity shall be selected by lot or
other customary random method selected by the Paying Agent/Registrar (hereinafter defined);
provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000.
(b) Notice of any such redemption of Bonds shall be given in the following manner, to-wit,
(i) a written notice of such redemption shall be given to the registered owner of each Bond or a
portion thereof being called for redemption not more than 60 days nor less than 30 days prior to the
date fixed for such redemption by depositing such notice in the United States Mail, first-class
postage prepaid, addressed to each such registered owner at his address shown on the Registration
Books (hereinafter defined) of the Paying Agent/Registrar and (ii) a notice of such redemption shall
be published one time. at least 30 days prior to the date fixed for such redemption, in a journal or
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publication of general circulation in the United States of America which carries as a regular feature
notices of redemption of municipal bonds; provided, however, that the failure to send, mail, or
receive such notice described in clause (i) above, or any defect therein or in the sending or mailing
thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any
Bond, as publication of notice as described in clause (ii) above shall be the only notice actually
required in connection with or as a prerequisite to the redempt. ion of any Bonds. By the date fixed
for any such redemption due provision shall be made by the City with the Paying Agent/Registrar
for the payment of the required redemption price for the Bonds or the portions thereof which are to
be so redeemed, plus accrued interest thereon to the date fixed f6r redemption. If such notice of
redemption is given, and if due provision for such payment is made, all as provided above, the
Bonds, or the portions thereof which are to be so redeemed, thereby automaticaily shall be redeemed
prior to their scheduled maturities, and shall not bear interest after the date fixed for their
redemption, and shall not be regarded as being outstanding except tbr the right of the registered
owner to receive the redemption price plus accrued iracrest to the date fixed for redemption from the
Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar
shall record in the Registration Books all such redemptions of principal of the Bonds or any portion
thereof. If a portion of any Bond shall be redeemed, a substitute Bond or Bonds having the same
maturity date, bearing iracrest at the same rate, in any Authorized Denomination at the written
request of the registered owner, and in an aggregate principal amount equal to the unredeemed
portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation,
at the expense of the City, all as provided in this Ordinance. The maturities of Bonds to be called
for redemption shall be determined by the City. The Bonds or portions to be redeemed within each
such maturity shall be selected by lot or other customary random method selected by the Paying
Agent/Registrar (provided that a portion of a Bond may be redeemed only in an integral multiple of
$5,000). The City shall give written notice to the Paying Agent/Registrar of any such redemption
of Bonds at least 60 calendar days (or such shorter period as is acceptable to the Paying Agent/Regis-
trar) prior to such redemption.
(c) (i) In addition to the manner of providing notice of redemption of Bonds as set forth
above, the Paying Agent/Registrar shall give notice of redemption of Bonds by either United States
Mail, first-class postage prepaid. or electronic mail, at least thirty (30) days prior to a redemption
date to each URMSIR and the SID. In addition, in the event of a redemption caused by an advance
refunding of the Bonds, the Paying Agent/Registrar shall send a second notice of redemption to the
persons specified in the immediately preceding sentence at least thirty (30) days but not more than
ninety (90) days prior to the actual redemption date. Any notice sent to each URMSIR and the SIR
shall be sent so that they are received at least two (2) days prior to the general mailing or publication
date of such notice. The Paying Agent/Registrar shall also send a notice of prepayment or
redemption to the owner of any Bond ~vho has not sent the Bonds in for redemption sixty (60) days
after the redemption date.
. (ii) Each redemption notice. whether required in the FORM OF BOND or otherwise by this
Ordinance, shall contain a description of the Bonds to be redeemed including the complete name of
the Bonds, the series, the date of issue. the interest rate, the maturity date, the CUSIP number, if any,
the certificate numbers, the amounts called of each certificate, the publication and mailing date for
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the notice, the date of redemption, the redemption price, the name of the Paying Agent/Registrar and
the address at which the Bond may be redeemed including a contact person and telephone number.
(iii) All redemption payments made by the Paying Agent/Registrarto the registered owners
of the Bonds shall include a CUSIP number relating to each amount paid to such registered owner.
Section 4. INTEREST. That the Bonds scheduled to mature during the years, respectively,
set forth below shall bear interest at the following rates per annum:
maturities 2001 ......... %
maturities 2002 .......... %
maturities 2003 ......... %
maturities 2004 ........ %
maturities 2005 .......
maturities 2006 ....... %
maturities 2007 ........ %
maturities 2008 .......... %
maturities 2009 ..........
maturities 2010 ........ %
maturities 2011 .......... %
maturities 2012 ........... %
maturities 2013 .......... %
maturities 2014 ..........
maturities 2015 ........ %
maturities 2016 ......... %
maturities 2017 ....... %
maturities 2018 ...........
maturities 2019 .......... %
maturities 2020 ........... %
Said interest shall be payable to the registered owner of any such Bond in the manner provided and
on the dates stated in the FORM OF BOND set forth in this Ordinance.
'Section 5. CHARACTERISTICS OF THE BONDS. (a) Registration, Transfer,
Conversion and Excltange; Authentication. The City shall keep or cause to be kept at the
designated trust office in Houston, Texas (the "Designated Trust Office") of The Chase Manhattan
Bank (the "Paying Agent/Registrar") books or records for the registration of the transfer, conversion
and exchange of the Bonds (the "Registration Books"), and the City hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
registrations of transfers. conversions and exchanges under such reasonable regulations as the City
and the Paying Agent/Registrar may prescribe: and the Paying Agent/Registrar shall make such
registrations. transfers. conversiot~s and exchanges as herein provided. The execution of a "Paying
Agent/Registrar Agreement", in such form as is approved by the City Attorney, is hereby authorized.
The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the
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registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as
herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar
in writing of the address to which payments shall be mailed, and such interest payments shall not be
mailed unless such notice has been given. The City shall have the fight to inspect the Registration
Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying
Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by
law, shall not permit their inspection by any other entity. The City shall pay the Paying
Agent/Registrar's standard or customary fees and charges for making such registration, transfer,
conversion, exchange and delivery of a substitute Bond or Bondi. Registration of assignments,
transfers, conversions and exchanges of Bonds shall be made in the manner provided and with the
effect stated in the FORM OF BOND set forth in Section 6 of this Ordinance. Each substitute Bond
shall bear a letter and/or number to distinguish it from each other Bond.
An authorized representative of the Paying Agent/Registrar shall, before the delivery of any
such Bond, date and manually sign said Certificate, and no such Bond shall be deemed to be issued
or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall
cancel all paid Bonds and Bonds surrendered for conversion and exchange. No additional
ordinances, orders, or resolutions need be passed or adopted by the governing body of the City or
any other body or person so as to accomplish the foregoing conversion and exchange of any Bond
or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and
delivery of the substitute Bonds in the manner prescribed herein. Pursuant to Chapter 1206, Texas
Government Code, the duty of conversion and exchange of Bonds as aforesaid is hereby imposed
upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the converted and
exchanged Bond shall be valid, incontestable, and enforceable in the same manner and with the same
effect as the Bonds which initially were issued and delivered pursuant to this Ordinance, approved
by the Attorney General, and registered by the Comptroller of Public Accounts.
(b) Payment of Bonds and Interest. The City hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of, premium, if any, and interest
on the Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper
records of all payments made by the City and the Paying Agent/Registrar with respect to the Bonds.
(c) In General. The Bonds (i) shall be issued in fully registered form, without interest
coupons, with the principal of and interest on such Bonds to be payable only to the registered owners
thereof; (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and
assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics,
(vi) shall be signed, sealed, executed and authemicated, (vii) the principal of and interest on which
shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the City shall
have certain duties and responsibilities with respect to the Bonds. all as provided, and in the manner
and to the effect as required or indicated. in the FORM OF BOND set forth in Section 6 of this
Ordinance. The Bonds initially issued and delivered pursuant to this Ordinance are not required to
be, and shall not be, authenticated by the Paying Agent/Registr,~r. but on each substitute Bond issued
in convdrsion of and exchange for any Bond or Bonds issued under this Ordinance the Paying
Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIF-
ICATE, in the form set forth in said FORM OF BOND.
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(d) Substitute PayingAgent/Registrar. The City covenants with the registered owners of
the Bonds that at all times while the Bonds are outstanding a competent and legally qualified entity
shall act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance,
and that the Paying Agent/Registrar will be one entity. Such entity may be the City, to the extent
permitted by law, or a bank, trust company, financial institution, or other agency, as selected by the
City. The City reserves the right to, and may, at its option, change the Paying Agent/Registrar upon
not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60
days prior to the next principal or interest payment date after such notice. In the event that the entity
at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other
method) should resign or otherwise cease to act as such, the City covenants that promptly it will
appoint a competent and legally qualified entity to act as Paying Agent/Registrar under this
Ordinance. Upon any change in the Paying Agent/Registrar. the previous Paying Agent/Registrar
promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other
pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and
appointed by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause
a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of the
Bonds, by United States Mall, first-class postage prepaid, which notice also shall give the address
of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying
Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified
copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(e) Book Entry Only Systerr~ The Bonds issued in exchange for the Bonds initially issued
to the purchaser specified herein shall be initially issued in the form of a separate single fully
registered Bond for each of the maturities thereof. Upon initial issuance, the ownership of each such
Bond shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company
of New York ("DTC"), and except as provided in subsection (f) hereof, all of the outstanding Bonds
shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Bonds registered in the name of Cede & Co., as nominee of DTC, the Issuer
and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers
and dealers, banks, trust companies. clearing corporations and certain other organizations on whose
behalf DTC was created CDTC Participant") to hold securities to facilitate the clearance and
settlement of securities transactions among DTC Participants or to any person on behalf of whom
such a DTC Participant holds an interest in the Bonds. Without limiting the immediately preceding
sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with
respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect
to any ownership interest in the Bonds. (ii) the delivery to any DTC Participant or any other person,
other than a registered owner of Bonds, as shown on the Registration Books, of any notice with
respect to the Bonds, or (iii) the payment to any DTC Participant or any other person, other than a
registered owner of Bonds, as shown in the Registration Books of any mount with respect to
principal of or interest on the Bonds. Notwithstanding any other provision of this Ordinance to the
contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person
in whose name each Bond is registered in the Registration Books as the absolute owner ofsucX, Bond
for the purpose of payment of principal and interest with respect to such Bond, for the purpose of
registering transfers with respect to such Bond, and for all other purposes whatsoever. The Paying
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Agent/Registrar shall pay all principal of and interest on the Bonds only to or upon the order of the
registered owners, as shown in the Registration Books as provided in this Ordinance, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and
interest on the Bonds to the extent of the sum or sums so paid. No person other than a registered
owner, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the
lssuer to make payments of principal and interest pursuant to thi~ Ordinance. Upon delivery by DTC
to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute
a new nominee in place of Cede & Co., and subject to the provisio~s in this Ordinance with respect
to interest checks being mailed to the registered owner at the close of business on the Record date,
the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
(f) Successor Securities Depository. In the event that the Issuer determines that DTC is
incapable of discharging its responsibilities described herein and in the representation letter of the
Issuer to DTC or that it is in the best interest of the beneficial owners of the Bonds that they be able
to obtain certificated Bonds, the Issuer shall (i) appoint a successor securities depository, qualified
to act as such under Section 17(a) of the Securities and Exchange Act of 1934, as amended, notify
DTC and DTC Participants of the appointment of such successor securities depository and transfer
one or more separate Bonds to such successor securities depository or (ii) notify DTC and DTC
Participants of the availability through DTC of Bonds and transfer one or more separate Bonds to
DTC Participants having Bonds credited to their DTC accounts. In such event, the Bonds shall no
longer be restricted to being registered in the Registration Books in the name of Cede & Co., as
nominee of DTC, but may be registered in the name of the successor securities depository, or its
nominee, or in whatever name or names registered owners transferring or exchanging Bonds shall
designate, in accordance with the provisions of this Ordinance.
(h) DTCLetter of Representations. Notwithstanding any other provision of this Ordinance
to the contrary, so long as any Bond is registered in the name of Cede & Co., as nominee of DTC,
all payments with respect to principal of and interest on such Bond and all notices with respect to
such Bond shall be made and given, respectively, in the manner provided in the representation letter
of the Issuer to DTC.
Section 6. FORM OF BONDS. (a) That the form of all Bonds, including the form of the
Paying Agent/Registrar's Certificate, the form of Assignment, and the form of the Comptroller's
Registration Certificate to be attached only to the Bonds initially issued and delivered pursuant to
this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations,
omissions, or insertions as are permitted or required by this Ordinance:
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FORM OF BOND:
$
NO.
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTi, TEXAS
UTILITY SYSTEM REVENUE
REFUNDING BOND
SERIES 2000-A
MATURITY INTEREST BOND
DATE RATE DATE CUSIP
ON THE MATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI,
IN NUECES COUNTY, TEXAS (the "Issuer"), hereby promises to pay to
, or to the registered assignee hereof(either being hereinafter called the
"registered owner") the principal mount of
DOLLARS
and to pay interest thereon from the Bond Date specified above, on January 15,2001 and semiannu-
ally on each July 15 and Jantmxy 15 thereafter to the maturity date specified above, or the date of
redemption prior to maturity, at the interest rate per annum specified above; except that if the Paying
Agent/Registrar's Authentication Certificate appearing on the face of this Bond is dated later than
January 15,2001, such interest is payable semiannually on each July 15 and January 15 following
such date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America. without exchange or collection charges. The principal of this Bond shall
be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or
upon the date fixed for its redemption prior to maturity, at the designated trust office in Houston,
Texas (the "Designated Trust Office") of The Chase Manhattan Bank, which is the "Paying
Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying
Agent/Registrar to the registered owner hereof on each interest payment date by check or draft,
dated as of such interest payment date. drawn by the Paying Agent/Registrar on, and payable solely
from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond
Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter pro-
vided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail,
first-class postage prepaid. on each such interest payment date. to the registered owner hereof, at its
address as it appeared on the last business day of the month next preceding each such date (the
"Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafier
described. Any accrued interest due at maturity or upon the redemption of this Bond prior to
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maturity as provided heroin shall be paid to the registered owner upon presentation and surrender
of this Bond for redemption and payment at the Designated Trust Office of the Paying Agent/Regis-
trar. The Issuer covenants with the registered owner of this Bond that on or before each principal
payment date, interest payment date, and accrued interest payment date for this Bond it will make
available to the Paying Agent/Registrar, from the "Debt Service Fund" created by the Bond
Ordinance, the amounts required to provide for the payment, in immediately available funds, of all
principal of and interest on the Bonds, when due.
IF THE DATE for the payment of the principal of or ilaterest on this Bond shall be a
Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the
Designated Trust Office of the Paying Agent/Registrar is located are authorized by law or executive
order to close, or the United States Postal Service is not open for business, then the date for such
payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day
on which banking institutions are authorized to close, or the United States Postal Service is not open
for business; and payment on such date shall have the same force and effect as if made on the
original date payment was due.
THIS BOND is one of a series of bonds of like tenor and effect except as to number.
principal amount, interest rate, maturity, and right of prior redemption, dated as of the Bond Date
specified above, aggregating $43,925,000 (herein sometimes called the "Bonds"), issued for the
purpose of refunding all of the City's outstanding Utility System Commercial Paper Notes, Series
A, issued initially to finance improvements and extensions to the Utility System.
THE OUTSTANDING BONDS maturing on and after July 15, 20__ may be redeemed prior
to their scheduled maturities, at the option of the Issuer, in whole, or in part on July 15, 20__, or on
any date thereafter, at the redemption price of par plus accrued interest thereon to the date fixed for
redemption. The Bonds or portions thereof redeemed within a maturity shall be selected by lot or
other customary random method selected by the Paying Agent/Registrar (provided that a portion of
a Bond may be redeemed only in an integral multiple of $5,000); provided, that during any period
in which ownership of the Bonds is determined only by a book entry at a securities depository for
the Bonds, if fewer than all of the Bonds of the same maturity and bearing the same interest rate are
to be redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected
in accordance with the arrangements between the Board and the securities depository.
NOTICE OF any such redemption of Bonds shall be given in the following manner, to-wit,
(i) a written notice of such redemption shall be given to the registered owner of each Bond or a
portion thereof being called for redemption not more than 60 days nor less than 30 days prior to the
date fixed for such redemption by depositing such notice in the United States Mail, first-class,
postage prepaid, addressed to each such registered owner at the address thereof shown on the
Registration Books of the Paying Agent/Registrar and (ii) a notice of such redemption shall be
published one time, at least 30 days prior to the date fixed for such redemption, in ajoumal or
publication of general circulation in the United States of America or the State of Texas which carries
as a regular feature notices of redemption of municipal bonds: provided. however, that the failure
to send, mail, or receive such notice described in clause (i) above, or any defect therein or in the
sending or mailing thereof. shall not affect the validity or effectiveness of the proceedings for the
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redemption of any Bond, as publication of notice as described in clause (ii) above shall be the only
notice actually required in connection with or as a prerequisite to the redemption of any Bonds. By
the date fixed for any such redemption due provision shall be made by the Issuer with the Paying
Agent/Registrar for the payment of the required redemption price for this Bond or the portion hereof
which is to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such
notice of redemption is given, and if due provision for such payment is made, all as provided above,
this Bond, or the portion hereof which is to be so redeemed, thereby automatically shall be redeemed
prior to its scheduled maturity, and shall not bear or accrue interest after the date fixed for its
redemption, and shall not be regarded as being outstanding except for the right of the registered
owner to receive the redemption price plus accrued interest to the date fixed for redemption from the
Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar
shall record in the Registration Books all such redemptions of principal amount of this Bond or any
portion hereof. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the
same maturity date, beating interest at the same rate, in any Authorized Denomination at the written
request of the registered owner, and in an aggregate principal amount equal to the unredeemed
portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation,
at the expense of the Issuer, all as provided in the Bond Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
coupons, in an Authorized Denomination (as defined in the Bond Ordinance). As provided in the
Bond Ordinance, this Bond may, at the request of the registered o~aer or the assignee or assignees
hereof, be assigned. transferred, convened into and exchanged for a like aggregate amount of fully
registered Bonds, without interest coupons, payable to the appropriate registered owner, assignee or
assignees, as the case may be, having any authorized denomination or denominations as requested
in writing by the appropriate registered owner, assignee or assignees, as the case may be, upon sur-
render ofthis Bond to the Paying Agent/Registrar at its Designated Trust Office for cancellation, all
in accordance with the form and procedures set forth in the Bond Ordinance. Among other
requirements for such assignment and transfer, this Bond must be presented and surrendered to the
Paying Agent/Registrar. together with proper instruments of assignment, in form and with guarantee
of signatures satisfactory to the Paying Agent/Registrar. evidencing assignment of this Bond or any
portion or portions hereof in any authorized denomination to the assignee or assignees in whose
name or names this Bond or any such portion or portions hereof is or are to be registered. The form
of Assignment printed or endorsed on this Bond may be executed by the registered owner to
evidence the assignment hereof, but such method is not exclusive, and other instruments of assign-
ment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond
or any portion or portions hereof from time to time by the registered owner. The one requesting such
conversion and exchange shall pay the Paying AgenVRegistrar's reasonable standard or customary
fees and charges for converting and exchanging any Bond or portion thereof. In any circumstance,
any taxes or governmental charges required to be paid with respect thereto shall be paid by the one
requesting such assignment. transfer. conversion or exchange, as a condition precedent to the
exercise of such privilege. The foregoing notwithstanding, in the case of the conversion and
exchange of an assigned and transferred Bond or Bonds or any portion or portions thereof, such fees
and charges of the Paying Agent/Registrar ~vill be paid by the Issuer. The Paying Agent/Registrar
shall not be required (i) to make any such transfer, conversion or exchange during the period
beginning at the opening of business 30 days before the day of the first mailing of a notice of
214
redemption and ending at the close of business on the day of such mailing, or (ii) to transfer, convert
or exchange any Bonds so selected for redemption when such redemption is scheduled to occur
within 30 calendar days; provided, however, such limitation of transfer shall not be applicable to an
exchange by the registered owner of an' unredeemed balance of a Bond called for redemption in part.
WHENEVER the beneficial ownership of this Bond.is determined by a book entry at a
securities depository for the Bonds, the foregoing requirements of holding, delivering or transferring
this Bond shall be modified to require the appropriate person or e.ntity to meet the requirements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns,
or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly
will appoint a competent and legally qualified substitute therefor. whose qualifications substantially
are similar to the previous Paying Agent/Registrar it is replacing, and promptly will cause written
notice thereof to be mailed to the registered owners of the Bonds.
BY BECOMING the registered o~er of this Bond. the registered owner thereby
aclmowiedges all of the terms and provisions of the Bond Ordinance, agrees to be botmd by such
terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for
inspection in the official minutes and records of the Issuer, and agrees that the terms and provisions
of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and
the Issuer.
THE BONDS are special obligations of the Issuer payable solely from and equally secured
by a first lien on and pledge of the "Pledged Revenues" (as such term is defined in the Bond
Ordinance) of the System. The lssuer has reserved the right, subject to the restrictions stated, and
adopted by reference. in the Bond Ordinance, to issue additional parity revenue bonds which also
may be made payable from, and secured by a first lien on and pledge of. the aforesaid Pledged Reve-
nues. For a more complete description and identification of the revenues and funds pledged to the
payment of the Bonds, and other obligations of the Issuer secured by and payable from the same
source or sources as the Bonds, reference is hereby made to the Bond Ordinance.
THE ISSUER has reserved the right, subject to the restrictions stated, and adopted by
reference, in the Bond Ordinance, to amend the Bond Ordinance; and under some (but not all)
circumstances amendments must be approved by the owners of a majority in aggregate principal
mount of the outstanding Priority Bonds (as defined in the Bond Ordinance).
THE REGISTERED OWNER HEREOF shall never have the right to demand payment of
this obligation out of any funds raised or to be raised by taxation.
IT IS HEREBY certified and covenanted that this Bond has been duly and validly authorized,
issued and delivered; and that all acts. conditions ar d things required or proper to be performed, exist
and be done precedent to or in the authorization. issuance and delivery of this Bond have been
performed, existed and been done in accordance with law.
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IN WITNESS WHEREOF, this Bond has been signed with the imprinted or lithographed
facsimile signature of the Mayor of said Issuer, attested by the imprinted or lithogmphed facsimile
signature of the City Secretary, and the official seal of said Issuer has been duly affixed to, printed,
lithographed or impressed on this Bond.
ATTEST:
CITY OF CORPUS CHRISTI, TEXAS
By
Mayor
City Secretary
(SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE:
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Bond is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Bond has been issued under the provisions of the Bond
Ordinance described on the face of this Bond; and that this Bond has been issued in exchange for
or replacement of a bond. bonds, or a portion of a bond or bonds of an issue which originally was
approved by the Attorney General of the State of Texas and registered by the Comptroller of Public
Accounts of the State of Texas.
Dated The Chase Manhattan Bank
Paying Agent/Registrar
By:
Authorized Signatory
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FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns
and transl~rs unto
Please insert Social Security or Taxpayer Identification Number of Transferee
/ /
(Please print or typewrite name and address, including zip code of Transferee)
the within Bond and all fights thereunder, and hereby irrevocably constitutes and appoints
attorney to register the transfer of the within Bond on the books kept for registration
thereof, with full power of substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by
a member finn of the New York Stock
Exchange or a commercial bank or trust
company.
NOTICE: The signature above must
correspond with the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration or
enlargement or any change whatsoever.
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FORM OF COMPTROLLER'S REGISTRATION CERTIFICATE:
OFFICE OF COMPTROLLER:
STATE OF TEXAS :
REGISTER NO.
I hereby certify that this Bond has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas and that this Bond has been registered by the Comptroller
of Public Accounts of the State of Texas.
Witness my Signature and seal this
Comptroller of Public Accounts of
the State of Texas
(SEAL)
NOTE TO PRINTER:
*¶ not to be printed on Bond
(b) The primer of the Bonds is hereby directed to prim on the Bonds the form of bond
counsel's opinion relating to the Bonds, and is hereby authorized to prim on the Bonds an appropriate
statement of insurance furnished by a municipal bond insurance company providing municipal bond
insurance, if any, covering all or any part of the Bonds.
Section 7. DEFINITIONS. That, as used in this Ordinance, the following terms shall have
the meanings set forth below, unless the text hereof specifically indicates otherwise:
The term "Account" shall mean any account created, established and maimained under the
terms of any ordinance authorizing the issuance of Priority Bonds.
The term "Accountant" shall mean a nationally recognized independem certified public
accountant, or an independent firm of certified public accountants.
The term "Additional Priority Bonds" shall mean the additional revenue bonds which the
City reserves the fight to issue in the future on a parity with the Previously Issued Priority Bonds and
the Bonds, as provided in this Ordinance,
The term "Amortization Instalhnent" shall mean the amount of money which is required to
be deposited into the Mandatory Redempticn Account for retirement of Term Bonds (whether at
maturity or by mandatory redemption and including redemption premium. if any).
The term "Authorized Denomination" shall mean $5,000 or any integral multiple thereof.
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The term "Average Annual Principal and Interest Requirements" shall mean that amount
equal to the average annual principal and interest requirements (including Amortization Installments)
of all Priority Bonds outstanding. With respect to Additional Priority Bonds that bear interest at a
rate which is not established at the tirrie of issuance at a single numerical rate for each maturity of
such series, Average Annual Principal and Interest Requirements shall be calculated by (i) assuming
that the interest rate for every 12-month period on such bonds is equal to 9.20% or (ii) using the
highest numerical rate home over the preceding 24 month period by such bonds, whichever is
greater; provided, that if such bonds have not borne interest at a variable rate for such 24 month
period, such rate shall be assumed to be 9.20% until such time as t~onds have been outstanding for
a 24 month period. In making such determinations, it shall be assumed that the principal of such
bonds is amortized such that annual debt service is substantially level over the remaining stated life
of such bonds.
The term "Base Ordinance" shall mean the ordinance authorizing the issuance of the Series
1990 Bonds.
The term "Bonds" shall mean the Series 2000-A Bonds.
The term "Capital Additions" shall mean a reservoir or other water storage facilities, a
wastewater treatment plant or an interest therein, a gas distribution system or an interest therein and
associated transmission facilities with respect to each and any combination thereof, which shall
become a part of the System.
The term "Capital Improvements" shall mean any capital extensions, improvements and
betterments to the System other than Capital Additions.
The term "Capitalized Interest Account" shall mean the Account by that name which may
be created within the Debt Service Fund.
The terms "City" and "Issuer" shall mean the City of Corpus Christi. Texas.
The term "Code" shall mean the Internal Revenue Code of 1986, and any amendments
thereto.
'The term "Commercial Paper Notes" shall have the meaning given such term in the preamble
to this Ordinance.
The term "Credit Facility" shall mean a policy of municipal bond insurance. a surety bond
or a letter or line of credit issued by a Credit Facility. Provider in support of any Priority Bonds or
Subordinate Lien Bonds.
The term "Credit Facility Provider" shall mean (i) with respect to any Credit Facility
consisting of a policy of municipal bond insurance or a surety bond, an issuer of policies of insurance
insuring the timely payment of debt service on governmental obligations such as the Priority Bonds,
provided that a Rating Agency having an outstanding rating on the Priority Bonds would rate the
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Priority Bonds fully insured by a standard policy issued by the issuer in its highest generic rating
category for such obligations; and (ii) with respect to any Credit Facility consisting of a letter or line
of credit. any financial institution, provided that a Rating Agency having an outstanding rating on
the Priority Bonds would rate the Priority Bonds in its two highest generic rating categories for such
obligations if the letter or line of credit proposed to be issued by such financial institution secured
the timely payment of the entire principal amount of the series of Priority Bonds and the interest
thereon.
The term "Debt Service Fund' shall have the meaning given such term in Section 10 of this
Ordinance.
The term "DTC' shall have the meaning given such term in Section 5 to this Ordinance.
The term "Eligible Investments" shall mean those investments in which the City is authorized
by law, including, but not limited to, the Public Funds Investment Act of 1987 (Chapter 2256, Texas
Government Code), as amended. to purchase, sell and invest its funds and funds under its control;
and provided further that Eligible Investments shall specifically include, with respect to the
investment of proceeds of any Priority Bonds, guaranteed investment contracts fully collateralized
by Governmere Obligations.
The term "Engineer of Record' shall mean the independent engineer or firm at the time
employed by the City to perform and carry out the duties imposed on such engineer or fu'm by this
Ordinance and having a favorable reputation nationally for skill and experience in the engineering
of water, sanitary sewer and~or gas systems of comparable size and character as those forming parts
of the System.
The term "Government Obligations" shall mean direct obligations of the United States of
America, including obligations the principal of and interest on which are unconditionally guaranteed
by the United States of America.
The term "Fund' shall mean any fund created. established and maintained under the terms
of any ordinance authorizing the issuance of Priority Bonds.
The term "Gross Revenues" shall mean, all revenues. income, and receipts derived or
receivdd by the City from the operation and ownership of the System, including the interest income
from the investment or deposit of money in any Fund created by this Ordinance or maintained by the
City in connection with the System. other than those amounts subject to payment to the United States
of America as rebate pumuant to section 148 of the Code.
The term "Mandatory Redemption Account" shall mean the Account by that name within the
Debt Service Fund and established by an ordinance authorizing the issuance of Priority Bonds.
The term "MSRB" means the Municipal Securities Rulemaking Board.
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The terms "Net Revenues of the System" and "Net Revenues" shall mean all Gross Revenues
less Operating Expenses.
The term "NRMSIR" means each person whom the SEC or its staff has determined to be a
nationally recognized municipal securities information repository within the meaning of the Rule
from time to time.
The term "Operating Expenses" shall mean the expenses 9f operation and maintenance of
the System, including all salaries, labor, materials, repairs, and extensions necessary to render
efficient service, provided, however, that only such repairs and extensions, as in the judgment of the
City, reasonably and fairly exercised by the passage of appropriate ordinances, are necessary to
render adequate service, or such as might be necessary to meet some physical accident or condition
which would otherwise impair any Priorit3, Bonds. Operating Expenses shall include the purchase
of water, sewer and gas services as received from other entities and the expenses related thereto, and,
to the extent permitted by law, Operating Expenses may include payments made on or in respect of
obtaining and maintaining any Credit Facility. Depreciation, and payments from the System Fund
to other ~nds established in this Ordinance, shall never be considered as expenses of operation and
maintenance.
The term "PayingAgent/Registrar" shall mean the financial institution specified in Section
5(a) of this Ordinance, or its herein permitted successors and assigns.
The term "Pledged Revenues" shall mean
(1) the Net Revenues, plus
(2) any additional revenues, income, receipts, or other resources, including,
without limitation. any grants. donations, or income received or to be received from the
United States Government, or any other public or private source, whether pursuant to an
agreement or otherwise. ~vhich hereafter are pledged to the payment of the Priority Bonds.
The term "Previously Issued Priority Bonds" shall mean the Series 1990 Bonds, the Series
1994 Bonds, the Series 1994-A Bonds. the Series 1995 Bonds, the Series 1995-A Bonds, the Series
1999 Bonds, the Series 1999-A Bonds and the Series 2000 Bonds.
The term "Priorit)' Bonds" shall mean the Previously Issued Priority Bonds, the Bonds and
any Additional Priority Bonds.
The term "Prudent UtiliO' Practice" shall mean any of the practices, methods and acts, in the
exercise of reasonable judgment. in the light of the facts. including but not limited to the practices,
methods and acts engaged in or approved by a significant portion of the public utility industry prior
thereto, known at the time the decision was made. would have been expected to accomplish the
desired result at the lowest reasonable cost consistent with reliability, safety and expedition. It is
recognized that Prudent Utility Practice is not intended to be limited to the optimum practice, method
or act at the exclusion of all others. but rother is a spectrum of possible practices, methods or acts
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which could have been expected to accomplish the desired result at the lowest reasonable cost
consistent with reliability, safety and expedition. In the case of any facility included in the System
which is owned in common with one or more other entities, the term "Prudent Utility Practice", as
applied to such facility, shall have the'meaning set forth in the agreement governing the operation
of such facility.
The term"Purchase Agreement" shall mean the bond purchase agreement between the City
and the Underwriters pertaining to the purchase of the Bonds by .t4he Underwriters.
The term "Rating Agency" shall mean any nationally recognized securities rating agency
which has assigned a rating to the Priority Bonds.
The term "Required Amount" shall have the meaning given such term in Section 11 of this
Ordinance.
The term "Reserve Fund' shall have the meaning given such term in Section 11 of this
Ordinance.
The term "Reserve Fund Obligations" shall mean cash, Eligible Investments, any Credit
Facility. or any combination of the foregoing.
The term "Rule" means SEC Rule 15c2-12, as amended from time to time.
The term "SEC' means the United States Securities and Exchange Commission.
The term "Series 1990 Bonds" shall mean the $64,660,000 City of Corpus Christi, Texas
Utility System Revenue Refunding Bonds, Series 1990, authorized by the ordinance adopted by the
City on November 15, 1990; the term "Series 1994 Bonds" shall mean the $11,140,000 City of
Corpus Cbxisti, Texas Utility System Revenue Bonds, Series 1994, authorized by the ordinance
adopted by the City on April 26, 1994; the term "Series 1994-A Bonds" shall mean the $8,520,000
City of Corpus Christi, Texas Utility System Revenue Bonds. Series 1994-A, authorized by the
ordinance adopted by the City on June 14, 1994; the term "Series I995 Bonds" shall mean the
$14,730,000 City of Corpus Christi, Texas Utility System Revenue Bonds, Series 1995, authorized
by the ordinance adopted by the City on June 20, 1995; the term "Series 1995-A Bonds" shall mean
the $27,640,000 City of Corpus Christi, Texas Utility System Revenue Bonds, Series 1995-A,
authorized by the ordinance adopted by the City on July 25, 1995; the term "Series 1999 Bonds" shall
mean the $47,740,000 City of Corpus Christi. Texas Utility System Revenue Refunding and
Improvement Bonds Series 1999, authorized by the ordinance adopted by the City on May 11, 1999;
the term "Series 1999-A Bonds" shall mean the $15.750,000 City of Corpus Christi, Texas Utility
System Revenue Refunding and Improvement Bonds Series 1999-A, authorized by the ordinance
adopted by the City on April 20, 1999; and the term "Series 2000 Bonds" shall mean the $34,740,000
City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2000, authorized by
the ordinance adopted by the City on May 11. 1999.
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The term "Series 2000-A Bonds" shall mean the City of Corpus Christi, Texas Utility System
Revenue Refunding Bonds, Series 2000, authorized by this Ordinance.
The term "SID" means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
The term "Subordinated Obligations" shall mean any bonds, notes, or other obligations
issued pursuant to law payable in whole or in part from the Pledged Revenues and subordinate to the
Priority Bonds.
The term "System" shall mean and include the City's existing combined waterworks system,
w'astewater disposal system and gas system, together with all future extensions, improvements,
enlargements, and additions thereto, including, to the extent permitted by law, storm sewer and
drainage within the waterworks system, and all replacements thereof; provided that, notwithstanding
the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System
shall not include any waterworks, ~vastewater or gas facilities which are declared by the City not to
be a part of the System and which are hereafter acquired or constructed by the City with the proceeds
from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue
obligations of the City which are not secured by or payable from the Pledged Revenues, but which
are secured by and payable solely from special contract revenues, or payments received from the City
or any other legal entit2,', or any combination thereof, in connection with such facilities; and such
revenues or payments shall not be considered as or constitute Gross Revenues of the System, unless
and to the extent otherwise provided in the ordinance or ordinances authorizing the issuance of such
"Special Facilities Bonds".
The term "System Fund' shall have the meaning given such term in Section 9 of this
Ordinance.
The term "Term Bonds" shall mean those Series 1990 Bonds so designated in the ordinance
authorizing their issuance and those Additional Priority Bonds designated by the ordinance
authorizing the issuance thereof which shall be subject to retirement of the Mandatory Redemption
Account
'The term "Undenvriters" shall mean the investment banking firm or syndicate of investment
banking firms which contract to purchase the Bonds in accordance with the terms and conditions of
the Purchase Agreement.
The term "Value oflnvestment Securities" and words of like import shall mean the amortized
value thereof, provided. however, that all United States of America, United States Treasury
Obligations--State and Local Government Series shall be valued at par and those obligations which
are redeemable at the option of the holder shall be valued at the price at which such obligations rre
then redeemable. The computations made under this paragraph shall include accrued interest on me
investment securities paid as a part of the purchase price thereof and not collected. For the purposes
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of this definition "amortized value", when used with respect to a security purchased at par means the
purchase price of such security.
The term "Year" shall mean the regular fiscal year used by the City in connection with the
operation of the System, which may be any twelve consecutive months period established by the
City.
Section 8. PLEDGE. That the Priority Bonds are and shall be secured by and payable from
a first lien on and pledge of the Pledged Revenues including such ~evenues within the System Fund
and the Funds hereinafter created in this Ordinance; and the Pledged Revenues are further pledged
to the establishment and maintenance of the Debt Service Fund and the Reserve Fund as hereinafter
provided. The Priority Bonds are and will be secured by and payable only from the Pledged
Revenues, and are not secured by or payable from a mortgage or deed of trust on any properties,
whether real, personal, or mixed, constituting the System.
Section 9. SYSTEM FUND. That there has heretofore been created and established and
there shall be maintained on the books of the City, and accounted for separate and apart from all
other funds of the City, a special fund entitled the "City of Corpus Christi Utility System Fund" (the
"System Fund"). All Gross Revenues shall be credited to the System Fund immediately upon
receipt. All Operating Expenses shall be paid from such Gross Revenues credited to the System
Fund as a first charge against same.
Section 10. DEBT SERVICE FUND. (a) That for the sole purpose of paying the principal
amount of, premium, if any, Amortization Installments, if any, and interest on all Priority Bonds,
there has heretofore been created and established and there shall be maintained on the books of the
City a separate fired entitled the "City of Corpus Christi Utility System Revenue Bonds Debt Service
Fund" (hereinafter called the "Debt Service Fund"). Monies in the Debt Service Fund shall be depos-
ited and maintained in an official depository bank of the City.
(b) That within the Debt Service Fund there may hereafter be established a Capitalized
Interest Account. The proceeds of Priority Bonds representing capitalized interest may be deposited
into the Capitalized Interest Account. On or before the day next preceding any interest payment date
of bonds or other obligations for which any interest has been capitalized, the City shall use the
monies in the Capitalized Interest Account to pay such interest on such bonds or other obligations
to the 6xtent of the amounts therein representing such capitalized interest.
(c) That within the Debt Service Fund there has heretofore been established the Mandatory
Redemption Account. Amortization Installments shall be deposited to the credit of the Mandatory
Redemption Account and be used to retire the principal amount of Term Bonds in the manner
described in any ordinance authorizing the issuance of Term Bonds.
Section 11. RESERVE FUND. (a) That there has heretofore been created and established
and there shall be maintained on the books of the City a separate fund entitled the "City of Corpus
Christi Utility System Revenue Bonds Reserve Fund" (hereinafter called the "Reserve Fund"). There
shall be deposited into the Reserve Fund any Reserve Fund Obligations so designated by the City.
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Reserve Fund Obligations in the Reserve Fund shall be deposited and maintained in an official
depository bank of the City. Reserve Fund Obligations in the Reserve Fund shall be used solely for
the purpose of retiring the last of any Priority Bonds as they become due or paying principal of and
interest on any Priority Bonds when and to the extent the amounts in the Debt Service Fund are
insufficient for such purpose. The Reserve Fund shall be maintained in an amount equal to the
Average Annual Principal and Interest Requirements of the outstanding Priority Bonds (the
"Required Amount"). The City may, at its option, withdraw and transfer to the System Fund, all
surplus in the Reserve Fund over the Required Amount.
(b) The City may replace or substitute a Credit Facility for cash or Eligible Investments on
deposit in the Reserve Fund or in substitution for or replacement of any existing Credit Facility.
Upon such replacement or substitution, cash or Eligible Investments on deposit in the Reserve Fund
which, taken together with the face amount of any existing Credit Facilities, are in excess of the
Required Amount may be withdrawn by the City, at its option, and transti~rred to the System Fund;
provided that the face amount of any Credit Facility may be reduced at the option of the City in lieu
of such transfer.
(c) If the City is required to make a withdrawal from the Reserve Fund for any of the
purposes described in this Section, the City shall promptly notify any applicable Credit Facility
Provider of the necessity for a withdrawal from the Reserve Fund for any such purposes, and shall
make such withdrawal FIRST from available moneys or Eligible Investments then on deposit in the
Reserve Fund, and NEXT from a drawing under any Credit Facility to the extent of such deficiency.
(d) In the event of a deficiency in the Reserve Fund, or in the event that on the date of
termination or expiration of any Credit Facility there is not on deposit in the Reserve Fund sufficient
Reserve Fund Obligations, all in an aggregate amount at least equal to the Required Amount, then
the City shali satisfy the Required Amount by depositing Reserve Fund Obligations into the Reserve
Fund in monthly installments of not less than 1/60 of the Required Amount made on or before the
10th day of each month following such termination or expiration.
(e) In the event of the redemption or defeasance of any Priority Bonds, any Reserve Fund
Obligations on deposit in the Reserve Fund in excess of the Required Amount may be withdrawn
and transferred, at the option of the City, to the System Fund, as a result of(i) the redemption of any
Priority Bonds, or (ii) funds for the payment of any Priority Bonds having been deposited irrevocably
with the paying agent or place of payment therefor in the manner described in any ordinance
authorizing the issuance of Priority Bonds, the result of such deposit being that such Priority Bonds
no longer are deemed to be outstanding under the terms of any such ordinance.
(f) In the event there is a dra~v upon the Credit Facility, the City shall reimburse the Credit
Facility Provider for such draw. in accordance with the terms of any agreement pursuant to which
the Credit Facility is issued. from Pledged Revenues. however, such reimbursement from Pledged
Revenues shall be subordinate and junior in fight of payment to the payment of principal of and
premium, if any, and interest on the Priority Bonds.
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(g) Upon the issuance of Additional Priority Bonds the monies in the Reserve Fund shall be
increased to the newly-established Required Amount in accordance ~vith the provisions of Section
20(b) of this Ordinance.
Section 12. SUBORDINATED OBLIGATIONS FUNDS AND ACCOUNTS. That the
City hereafter may create, establish and maintain on the books of the City separate ftmds and
accounts from which moneys can be withdrawn to pay the principal of and interest on Subordinated
Obligations which hereafter may be issued.
Section 13. CONSTRUCTION FUND. That it shall not be necessary in connection with
the delivery of the Bonds to establish a construction fund, since the proceeds of the Bonds are to be
used to refund outstanding Commercial Paper Notes.
Section 14. INVESTMENTS. That money in any Fund established pursuant to this
Ordinance may, at the option of the City, be placed or invested in Eligible Investments. Money in
the Reserve Fund shall not be invested in securities with an average aggregate weighted maturity of
greater than seven years. If monies in a Fund herein established are permitted to be invested the
value of any such Fund shall be established by adding the monies therein to the Value of Investment
Securities. The value of each such Fund shall be established annually during the last month of each
Year and in addition thereto, with respect to the Reserve Fund, value shall be established within
thirty days prior to the issuance of Priority Bonds and at the time or times withdrawals are made
therefrom. Such investments shall be sold promptly when necessary to prevent any default in
connection with the Priority Bonds. Earnings derived from the investment of moneys on deposit in
the various Funds and Accounts created hereunder shall be credited to the Fund or Account from
which moneys used to acquire such investment shall have come.
Section 15. FUNDS SECURED. That monies in the System Fund and all Funds created
by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law for
securing funds of the City.
Section 16. FLOW OF FUNDS. That all monies in the System Fund not required for
paying Operating Expenses during each month shall be applied by the City, on or before the 10th day
of the following month, commencing during the months and in the order of priority with respect to
the Funds and Accounts that such applications are hereinafter set forth in this Section.
(a) DebtService Fund- To the credit of the Debt Service Fund, in the following order of
priority, to-wit:
(1) such amounts, deposited in approximately equal monthly installments,
commencing during the month in which the Priority Bonds are delivered, or the month
thereafter if delivery is made after the 10th day thereof, as will be sufficient, together with
other amounts, if any, in the Debt Sen'ice Fund available for such purpose (ircluding
specifically moneys on deposit in the Capitalized Interest Account dedicated thereto), to pay
the interest scheduled to come due on Priorit3.' Bonds on the next succeeding interest payment
date;
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(2) such amounts, deposited in approximately equal monthly installments,
commencing during the month which shall be the later to occur of, (i) the twelfth month
before the first maturity date of Priority Bonds, or (ii) the month in which Priority Bonds are
delivered, or the month therea~er if delivery is made after the 10th day thereof, as will be
sufficient, together with other amounts, if any, in the Debt Service Fund available for such
purpose, to pay the principal scheduled to mature on Priority Bonds on the next succeeding
principal payment date; and
(3) Amortization Installments, in such amounts and on such dates as set forth in any
ordinance authorizing a series of Priority Bonds which contain Term Bonds within such
Series, to pay scheduled principal mounts of Priority Bonds which constitute Term Bonds
to be redeemed in accordance with the terms of said ordinance.
(b) Reserve Fund. To the credit of the Reserve Fund, such amounts, deposited in
approximately equal monthly installments, commencing during the month in which the Priority
Bonds are delivered, or the month thereafter if delivery is made after the 10th day thereof, equal to
not less than 1/60 of the Required Amount, until such time as such mounts together with other
amounts, if any, in the Reserve Fund, equal the Required Amount. When and so long as the Reserve
Fund Obligations in the Reserve Fund are not less than the Required Amount, no deposits need be
made to the credit of the Reserve Fund. When and if the Reserve Fund at any time contains less than
the Required Amount due to any cause or condition other than the issuance of Additional Priority
Bonds then, subject and subordinate to making the required deposits to the credit of the Debt Service
Fund, commencing with the month during which such deficiency occurs, such deficiency shall be
made up from the next available Pledged Revenues or from any other sources available for such
purpose. Reimbursements to a Credit Facility Provider made in accordance with the terms of Section
1 l(f) of this Ordinance shall constitute the making up of a deficiency to the extent that such
reimbursements result in the reinstatement, in whole or in part, as the case may be, of the amount
of the Credit Facility. If the Reserve Fund contains less than the Required Amount due to the
issuance of Additional Priority Bonds deposits shall be made to the Reserve Fund commencing
during the month and in the amounts required by Section 20(b) of this Ordinance, unless a Credit
Facility is deposited in the Reserve Fund in an amount necessary to cause the sum of money and the
value of Investment Securities and any other Credit Facilities in the Reserve Fund to equal the
Required Amount.
'(c) Surplus. The balance of any monies remaining in the System Fund following such
transfers may be used by the City for payment of other obligations of the System, including, but not
limited to, Subordinated Obligations, and for any other lawful purpose; provided that transfers made
for purposes other than for payment of obligations of the System shall be made only at the end of the
Section 17. DEFICIENCIES. That if on any occasion there shall not be sufficient Pledged
Revenues to make the deposits and other applications of monies required by Section 16 with respect
to the various Funds as provided therein. any such deficiencies shall be made up (in the order that
each such Fund is provided for in Section 16) as soon as possible from the next available Pledged
Revenues. or from any other sources available for such purpose. The foregoing notwithstanding,
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however. if any deficiency in the Reserve Fund occurs as a result of withdrawals therefrom or
decreases in the market value of Eligible Invesunems on deposit therein, such deficiency will be
made up from the next available Pledged Revenues within twelve months from the date of such
deficiency is determined, with such deposits to the Reserve Fund to be made in not more than twelve
substantially equal monthly paymems.
Section 18. PAYMENT OF BONDS. That on or before the first scheduled interest payment
date, and on or before each interest payment date and principal payment date thereafter while any
of the Priority Bonds are outstanding and unpaid, the City shall make available to the paying agent
therefor. out of the Debt Service Fund (and the other Funds, if necessary, in the order of priority set
forth herein) monies sufficient to pay such interest on and such principal amount of the Priority
Bonds. as shall become due and mature on such dates, respectively, at maturity or by redemption
prior to maturity. The bond registrar for each series of Priiority Bonds shall destroy all paid Priority.
Bonds and furnish the City with an appropriate certificate of cancellation or destruction.
Section 19. FINAL DEPOSITS; GOVERNMENT OBLIGATIONS. (a) That any
Priority Bond shall be deemed to be paid, retired and no longer outstanding within the meaning of
this Ordinance when payment of the principal amount of, redemption premium, if any, on such
Priority Bond, plus interest thereon to the due date thereof(whether such due date be by reason of
maturity, upon redemption. or otherwise) either (i) shall have been made in accordance with the
terms thereof or (ii) shall have been provided for by irrevocably depositing with, or making available
to, a paying agent (or escrow agent) therefor, in trust and irrevocably set aside exclusively for such
payment, in accordance with the terms and conditions of an agreement between the City and said
paying agent (or escrow agent), (1) money sufficiem to make such payment or (2) Government
Obligations, certified by an independent public accounting firm of national reputation, to mature as
to principal and interest in such amounts and at such times as will insure the availability, without
reinvestment; of sufficient money to make such payment, and all necessary and proper fees,
compensation, and expenses of such paying agent pertaining to the Priority Bonds with respect to
which such deposit is made shall have been paid or the payment thereof provided for (and
irrevocable instructions shall have been given by the City to such paying agent of such bonds to give
notice of such redemption in the manner required by the ordinance or ordinances authorizing the
issuance of such bonds) to the satisfaction of such paying agent. Such paying agent shall give notice
to each registered owner of any Priority Bond that such deposit as described above has been made,
in the same manner as described in Section 3 of this Ordinance. In addition, in connection with a
defeasance, such paying agent shall give notice of redemption. if necessary, to the registered owners
of any Priority Bonds in the manner described in such Priority Bonds and as directed in the
redemption instructions delivered by the City to such paying agent. At such time as a Priority Bond
shall be deemed to be paid hereunder. as aforesaid. it shall no longer be secured by or entitled to the
benefit of this Ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to
payment solely from such money or Government Obligations.
(b) That any moneys so deposited with a paying agent (or escrow agent) may, at the direction
of the City, also be invested in Govemment Obligations. maturing in the amounts and times as
hereinbefore set forth. and all income from all Govemment Obligations in the hands of the paying
agent pursuant to this Section which is not required for the payment of the Priority Bonds, the
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redemption premium, if any, and interest thereon, with respect to which such money has been so
deposited. shall be remitted to the City for deposit into the System Fund.
(c) Except as provided in clause (b) of this Section, all money or Government Obligations
set aside and held in trust pursuant to the provisions of this Section for the payment of Priority
Bonds, the redemption premium, if any, and interest thereon, shall be applied solely to and used
solely for the payment of such Priority Bonds, the redemption premium, if any, and interest thereon.
Section 20. ISSUANCE OF ADDITIONAL PRIORITY BONDS. (a) That subject to the
provisions hereinafter appearing as conditions precedent which must first be satisfied, the City
reserves the right to issue, from time to time as needed, Additional Priority Bonds for any lawful
purpose relating to the System. Such Additional Priority Bonds may be issued in such form and
manner as now or hereafter authorized by the laws of the State of Texas for the issuance of evidences
of indebtedness or other instruments, and should new methods or financing techniques be developed
that differ from those now available and in normal use, the City reserves the right to employ the same
in its financing arrangements provided only that the same conditions precedent herein required for
the authorization and issuance of Additional Priority Bonds are satisfied.
(b) That the Debt Service Fund and the Reserve Fund established by this Ordinance shall
secure and be used to pay all Additional Priority Bonds hereafter issued. Upon the issuance and
delivery of Additional Priorit3· Bonds, the additional amount required to be deposited in the Reserve
Fund shall be so accumulated by the deposit in the Reserve Fund of all or any part of said required
additional amount in cash immediately after the delivery of such Additional Priority Bonds, or, at
the option of the City, (i) by the deposit of said required additional amount (or any balance of said
required additional amount not deposited in cash as permitted above) in approximately equal
monthly installments, made on or before the 10th day of each month following the delivery of such
Additional Priority Bonds, of not less than 1/60 of said required additional amount (or 1/60 of the
balance of said required additional amount not deposited in cash as permitted above) or (ii) by the
deposit of a Credit Facility which, in whole or in combination with deposits described in clause (i)
above, is sufficient to satisfy the required additional amount to be on deposit in the Reserve Fund.
(c) That all calculations of Average Annual Principal and Interest Requirements made
pursuant to this Section shall be made as of and from the date of the Additional Priority Bonds then
proposed to be issued.
Section 21. FURTHER REQUIREMENTS FOR ADDITIONAL PRIORITY BONDS.
(a) Conditions precedent for Issuance of Additional Priority Bonds - General That as a condition
precedent to the issuance of any Additional Priority Bonds, the City Manager{~r other officer of the
City then having the responsibility for the financial affairs of the City) shall have executed a
certificate stating (i) that the City is not then in default as to any covenant, obligation or agreement
contained in any ordinance or other proceeding relating to any obligations of the City payable from
and secured by a lien on and pledge of the Pledged Revenues, and (ii) that the amounts on deposit
in all Funds or Accounts created and established for the payment and security of all outstanding
obligations payable from and secured by a lien on and pledge of the Pledged Revenues are the
amounts then required to be deposited therein. Such certificate shall be dated on or before the date
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of delivery of such Additional Priority Bonds, but such certificate shall not be dated prior to the date
an ordinance is passed authorizing the issuance of such Additional Priority Bonds.
(b) Conditions Precedent for Issuance of Additional Priority Bonds - Capital
Improvements and for any other lawful purpose except for Capital Additions or for refunding.
The City covenants and agrees that Additional Priority Bonds.will not be issued for the purpose of
financing Capital Improvements, or for any other lawful purpose (except for Capital Additions or
for refunding, which are to be issued in accordance with the provisions of clauses (c), (d) or (e) of
this Section) unless and until the conditions precedent in clause (a) above have been satisfied and,
in addition thereto, the City has secured a certificate or opinion of the Accountant to the effect that,
according to the books and records of the City, the Net Earnings (hereinafter defined) for the
p~ceding Year or for 12 consecutive months out of the 15 months immediately preceding the month
the ordinance authorizing the Additional Priority Bonds is adopted are at least equal to 1.25 times
the Average Annual Principal and Interest Requirements for all outstanding Priority Bonds after
giving effect to the Additional Priority Bonds then proposed.
The foregoing notwithstanding, the City covenants and agrees that Additional Priority Bonds
may not be issued for the purpose of financing Capital Improvements when other outstanding
Priorit>' Bonds which have been issued for the purpose of financing Capital Additions and for which
capitalized interest for such other Priority Bonds has been provided for at least the twelve months
subsequent to the date of issuance of the Additional Priority Bonds then proposed to be issued,
unless the conditions precedent in clause (a) above have been satisfied and, in addition thereto, the
City has either (1) complied with the relevant conditions in this clause as set forth above, or (2) if
the relevant conditions of this clause (b) as set forth above cannot be satisfied, the City has satisfied
the conditions precedent in clauses (c)(i) and (c)(ii) of this Section (but, for purposes of such clauses,
the term Capital Improvements shall be substituted for the term Capital Additions where the tenn
Capital Additions appears therein to the extent necessary to give recognition to the fact that Capital
Improvements, rather than Capital Additions, are then to be financed) and has secured a certificate
or opinion of the Accountant to the effect that, according to the books and records of the City, the
Net Earnings for the preceding Year or for 12 consecutive months out of the 15 months immediately
preceding the month the ordinance authorizing the Additional Priority Bonds is adopted are at least
equal to 1.25 times the Average Annual Principal and Interest Requirements for all outstanding
Priority Bonds (other than any Priority Bonds issued for Capital Additions for which capitalized
interest has been provided for at least the twelve months subsequent to the date of issuance of the
AdditiOnal Priority Bonds proposed to be issued) after giving effect to the Priority Bonds then
proposed.
(c) Conditions Precedent for Issuance of Additional Priority Bonds- Capital Additions:
Initial Issue. The City covenants and agrees that Additional Priority Bonds will not be issued for
the purpose of financing Capital Additions. unless the same conditions precedent specified in clause
(a) above have been satisfied and. in addition thereto, either the relevant conditions precedent
specified in clause (b) above are satisfied or. in the altemative, the City shall have obtained:
(i) from the Engineer of Record a comprehensive Engineering Report for each
Capital Addition to be financed. which report shall (A) contain (1) detailed estimates of the
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cost of acquiring and constructing the Capital Addition, (2) the estimated date the acquisition
and construction of the Capital Addition will be completed and commercially operative, and
(3) a detailed analysis of the impact of the Capital Addition on the financial operations of the
system for which the Capital Addition is to be integrated and to the System as a whole during
the construction thereof and for at least five Years after the date the Capital Addition
becomes commercially operative, and (B) conclude that ( 1 ) the Capital Addition is necessary
and will substantially increase the capacity, or is needed to replace existing facilities, to meet
current and projected demands for the service or product to be provided thereby, and (2) the
estimated cost of providing the service or product from the Capital Addition will be
reasonable in comparison with projected costs for fumishing such service or product from
other reasonably available sources; and
(ii) a certificate of the Engineer of Record to ',he effect that. based on the Engineering
Report prepared for each Capital Addition, the projected Net Earnings for each of the five
years subsequent to the date the Capital Addition becomes commemially operative (as
estimated in the Engineering Report) will be equal to at least 1.25 times the Average Annual
Principal and Interest Requirements for Priorit-y Bonds then outstanding or incurred and all
Priority Bonds estimated to be issued, if any, for all Capital Improvements and for all Capital
Additions then in progress or then being initiated, during the period from the date the first
series of obligations for the Capital Additions is to be delivered through the fifth year
subsequent m the date the Capital Addition is estimated to become commemially operative.
(d) Completion Issues. Once a Capital Addition has been initiated by meeting the
conditions precedent specified in clauses (c)(i) and (c)(ii) above and the initial Priority Bonds issued
therefor are delivered, the City reserves the right to issue Additional Priority Bonds to finance the
remaining costs of such Capital Addition in such amounts as may be necessary to complete the
acquisition and construction thereof and make the same commercially operative without satisfaction
of any condition precedent under clauses (c)(i) and (c)(ii) or clause (b) of this Section but subject to
satisfaction of the following conditions precedent:
(i) the City makes a forecast (the "Forecast") of the operations of the System
demonstrating the System's ability to pay all obligations. payable from the Pledged Revenues
of the System to be outstanding after the issuance of the Additional Priority Bonds then being
issued for the period (the "Forecast Period") of each ensuing year through the fifth year
'subsequent to the latest estimated date such Capital Addition is expected to be commemially
operative; and
(ii) the Engineer of Record reviews such Forecast and executes a certificate to the
effect that (A) such Forecast is reasonable, and based thereon (and such other factors deemed
to be relevant). the Pledged Revenues of the System will be adequate to pay all the
obligations, payable from the Pledged Revenues of the System to be outstanding after the
issuance of the Additional Priority Bonds then being issued for the Forecast Period and (B)
the proceeds from the sale of such Additional Priority Bonds are estimated to be sufficient
to complete such acquisition and construction.
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(e) Refimding Issues. The City reserves the right to issue refunding bonds to refund all or
any part of the outstanding Priority Bonds (pursuant to any law then available), upon such terms and
conditions as the governing body of the City may deem to be in the best interest of the City and its
inhabitants, and if less than all sucti outstanding Priority Bonds are refunded, the conditions
precedent prescribed in clauses (a) and (b) of this Section shall be satisfied and the Accountam's
certificate or opinion required by clause (b) shall give effect to the issuance of the proposed
refunding bonds (and shall not give effect to the Priority Bonds being refunded following their
cancellation or provision being made for their payment). In additipn, the City reserves the right to
refund all or any part of any other obligations of the System, upon such terms and conditions as the
governing body of the City may deem to be in the best interest of the City and its inhabitants,
provided that the conditions prescribed in clauses (a) and (b) of this Section shall be satisfied. No
Accountant's certificate otherwise required by clause (b) will be required for refunding bonds, after
gi:,i ng effect to such proposed refunding, if there is no increase in debt service for any Year in which
there will be debt service on Priority Bonds outstanding both before and after such refunding.
(f) Computations; Reports. With reference to Priority Bonds anticipated and estimated to
be issued or incurred, the Average Annual Principal and Interest Requirements therefor shall be those
reasonably estimated and computed by the City's Director of Finance (or other officer of the City
then having the primary responsibility for the financial affairs of the City). In the preparation of the
Engineering Report required in clause (c)(i) above, the Engineer of Record may rely on other experts
or professionals, including those in the employment of the City, provided such Engineering Report
discloses the extent of such reliance and concludes it is reasonable so to rely. In connection with the
issuance of priority Bonds for Capital Additions, the certificate of the City's Director of Finance and
Engineer of Record, together with the Engineering Report for the initial issue and the Forecast for
a subsequent issue, shall be conclusive evidence and the only evidence required to show compliance
with the provisions and requirements and this clause of this Section.
(g) Combination Issues. Priority Bonds for Capital Additions may be combined in a single
issue with Priority Bonds for Capital Improvements or for any lawful purpose provided the
conditions precedent set forth in clauses (b) through (e) are complied with as the same relate to the
appropriate purpose.
(h) Subordinated Obligations. The City may, at any time and from time to time, for any
lawful purpose, issue Subordinated Obligations, the principal of and redemption premium, if any,
and interest on which is payable from and secured by a pledge of and lien on the Pledged Revenues
junior and subordinate to the lien and pledge created hereby for the security of the Priority Bonds
and the payments required to be made hereunder into the Debt Service Fund and the Reserve Fund;
provided, however, that any such pledge and lien securing the Subordinated Obligations shall be, and
shall be expressed to be. subordinate in all respects to the pledge of and lien on the Pledged
Revenues as security for the Priority Bonds: and provided further that any default with respect to the
issuance of Subordinated Obligations wi I1 not be deemed a default with respect to the Priority Bonds.
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(i) Definition of Net Earnings. As used in this Section, the term "Net Earnings" shall mean
the Gross Revenues of the System after deducting the Operating Expenses of the System, but not
expenditures which. under standard accounting practice, should be charged to capital expenditures.
(j) Determination of Net Earnings. In making a determination of Net Earnings for any of
the purposes described in this Section, the Accountant may take into consideration a change in the
rates and charges for services and facilities afforded by the System that became effective at least 60
days prior to the last day of the period for which Net Earnings are determined and, for purposes of
satisfying any of the Net Earnings test described above, make a pro fonna determination of the Net
Earnings of the System for the period of time covered by the Accountant's certification or opinion
based on such change in rates and charges being in effect for the entire period covered by the
Accotmtant's certificate or opinion.
Section 22. GENERAL COVENANTS. That the City further covenants and agrees that
in accordance with and to the extent required or permitted by law:
(a) Performance. it will faithfully perform at all times any and all covenants, undertakings,
stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance
of Additional Priority. Bonds; it will promptly pay or cause to be paid the principal amount of and
interest on every Priorit>' Bond, on the dates and in the places and manner prescribed in such
ordinances and such Priority Bonds; and it will, at the time and in the manner prescribed, deposit or
cause to be deposited the amounts required to be deposited into the System Fund and the Funds
herein created; and any registered owner of any Priority Bond may require the City, its officials and
employees to carry out, respect or enfome the covenants and obligations of this Ordinance, or any
ordinance authorizing the issuance of Priority Bonds, by all legal and equitable means, including
specifically, but without limitation, the use and filing of mandamus proceedings, in any court of
competent jurisdiction, against the City, its officials and employees.
(b) City's LegalAutl, ority. It is a duly created and existing home rule city of the State of
Texas. and is duly authorized under the laws of the State of Texas to issue the Bonds; that all action
on its part for the issuance of the Bonds has been duly and effectively taken, and that the Bonds in
the hands of the owners thereof are and will be valid and enfomeable special obligations of the City
in accordance with their terms.
'(c) Acquisition and Construction; Operation and Maintenance. (1) It shall use its best
efforts in accordance with Prudent Utility Practice to acquire and construct, or cause to be acquired
and constructed, any Capital Additions or Capital Improvements, in accordance with the plans and
specifications therefor. as modified from time to time with due diligence and in a sound and
economical manner; and (2) it shall at all times use its best efforts to operate or cause to be operated
the System properly and in an efficient manner. consistent ~vith Prudent Utility Practice, and shall
use its best efforts to maintain, preserve, reconstruct and keep the same or cause the same to be so
maintained. 'greserved. reconstructed and kept. with the appurtenances and every part and parcel
thereof, in good repair, ~vorking order and condition. and shall from time to time make, or use its
best efforts to cause to be made, all necessary and proper repairs. replacement and renewals so that
at all times the operation of the System may be properly and advantageously conducted.
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(d) Title. It has or will obtain lawful title, whether such title is in fee or lesser interest, to
the lands, buildings, structures and facilities constituting the System. that it warrants that it will
defend the title to all the aforesaid lands, buildings, structures and facilities, and every part thereof,
for the benefit of the owners of the Priority Bonds, against the claims and demands of all persons
whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the
Priority Bonds in the manner prescribed herein, and has lawfully exemised such rights.
(e) Liens. It will from time to time and before the same become delinquent pay and
discharge all taxes, assessments and governmental charges, if any, ivhich shall be lawfully imposed
upon it. or the System; it will pay all lawful claims for rents, royalties, labor, materials and supplies
which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to
or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully
preserved in the manner provided herein, and it will not create or suffer to be created any mechanic's,
laborer's, materialman's or other lien or charge xvhich might or could be prior to the liens hereof, or
do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided
however, that no such tax, assessment or charge, and that no such claims which might be used as the
basis of a mechanic's, laborer's, materialman's or other lien or charge, shall be required to be paid
so long as the validity of the same shall be contested in good faith by the City.
(f) No Free Service. No free service or service otherwise than in accordance with the
established rate schedule shall be furnished, directly or indirectly, by the System to any person, firm,
corporation or other entity, other than the City. No part of the salary of any official or employee of
the City or his replacement shall be paid from Pledged Revenues unless and only to the extent the
duties and performances of such official or employee or his replacement appertain directly to the
System. To the extent the City receives the services of the System, such services shall be accounted
for according to the established rate schedule.
(g) FurtherEncumbrance. It will not additionally encumber the Pledged Revenues in any
manner, except as permitted in this Ordinance in connection with Priority Bonds. unless said
encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants and
agreements of this Ordinance; but the right of the City to issue Subordinated Obligations payable in
whole or in part from a subordinate lien on the Pledged Revenues is specifically recognized and
retained.
'(h) Sale, Lease or Disposal of Propert>'. No part of the System shall be sold, leased,
mortgaged, demolished. removed or othersvise disposed of. except as follows:
(1) To the extent permitted by law. the City may sell or exchange at any time and
from time to time any property or facilities constituting part of the System only if(A) it shall
determine such property or facilities are not useful in the operation of the System. or (B) the
proceeds of such sale are $250.000 or less. or it shall have received a certificate executed by
the Engineer of Record and the City Manager stating. in their opinion, that the fair market
value of the property or facilities exchanged is $250.000 or less, or (C) if such proceeds or
fair market value exceeds $250.000 it shall have received a certificate executed by the
Engineer of Record and the City Manager stating (i) that system within the System of which
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the property or facilities comprises a part thereof and (ii) in their opinion, that the sale or
exchange of such property or facilities will not impair the ability of the City to comply during
the current or any future Year with the provisions of clause (k) of this Section. The proceeds
of any such sale or exchange not used to acquire other property necessary or desirable for the
safe or efficient operation of the System shall forthwith, at the option of the City (i) be used
to redeem or purchase Priority Bonds, or (ii) otherwise. be used to provide for the payment
of Priority Bonds. The foregoing notwithstanding, if such property or facilities sold or
exchanged constituted property or facilities comprising all or a part of a system within the
System, the acquisition, improvement or extension of such iystem having not been financed
by the City in any manner with the proceeds of Priority Bonds, or with the proceeds of
obligations which were refunded in whole or in part with the proceeds of Priority Bonds, then
the City may utilize the proceeds of such sale or exchange for any lawful purpose;
(2) To the extent permitted by law, the City may lease or make contracts or grant
licenses for the operation of, or make arrangements for the use of, or grant easements or other
rights with respect to, any part of the System, provided that any such lease, contract, license,
arrangement, easement or right (A) does not impede the operation by the City of the System
and (B) does not in any manner impair or adversely affect the rights or security of the owners
of the Priority Bonds under this Ordinance; and provided, further, that if the depreciated cost
of the property to be covered by any such lease, contract, license, arrangement, easement or
other right is in excess of $500,000, the City shall have received a certificate executed by the
Engineer of Record and the City Manager that the action of the City with respect thereto does
not result in a breach of the conditions under this clause (2). Any payments received by the
City under or in connection with any such lease, contract, license, arrangement, easement or
right in respect of the System or any pan thereof shall constitute Gross Revenues.
(i) Books, Records andAccounts. It shall keep proper books, records and accounts separate
and apart from all other records and accounts, in which complete and correct entries shall be made
of all transactions relating to the System and the City shall cause said books and accounts to be
audited annually as of the close of each Year by the Accountant.
(j) Insurance. (1) Except as otherwise permitted in clause (2) below, it shall cause to be
insured such parts of the System as would usually be insured by corporations operating like
properties, with a responsible insurance company or companies, against risks, accidents or casualties
against'which and to the extent insurance is usually carried by corporations operating like properties,
including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance
against damage by floods. and use and occupancy insurance. Public liability and property damage
insurance shall also be carried unless the City Attorney gives a ~witten opinion to the effect that the
City is not liable for claims which would be protected by such insurance. At any time while any
contractor engaged in construction work shall be fully responsible therefor, the City shall not be
required to carry. insurance on the work being constructed if the contractor is required to carry
appropriate insurance. All such policies shall be open to the inspection o~the bondholders and their
representatives at all reasonable times.
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(2) In lieu of obtaining policies for insurance as provided above, the City may self-insure
against risks. accidents. claims or casualties described in clause (1) above.
(3) The annual audit hereinafter required shall contain a section commenting on whether or
not the City has complied with the requirements of this Section with respect to the maintenance of
insurance. and listing the areas of insurance for which the City is self-insuring, all policies carried,
and whether or not all insurance premiums upon the insurance policies to which reference is
hereinbefore made have been paid.
(k) Rate Covenant. It will fix, establish, maintain and collect such rates, charges and fees
for the use and availability of the System at all times as are necessary to produce Gross Revenues
and other Pledged Revenues equal to the greater of amounts determined in accordance with clauses
(1) or (2) below, to-wit, amounts sufficient (1) (A) to pay all current Operating Expenses of the
System, and (B) to produce Net Revenues for each Year at least equal to 1.25 times the Avenge
Annual Principal and Interest Requirements of all then outstanding Priority Bonds; or (2) to pay the
sam of (A) all currein Operating Expenses, (B) the Average Annual Principal and Interest
Requirements on the then outstanding Priority. Bonds, (C) required deposits to the Reserve Fund
required for the Priority Bonds, and (D) amounts required to pay all other obligations of the System
reasonably anticipated to be paid from Gross Revenues d,uring the current Year. The calculation of
Average Annual Principal and Interest Requirements on all outstanding Priority Bonds shall be net
of capitalized interest for such Priority Bonds only if the moneys in the Capitalized Interest Account
received from proceeds of such Priority Bonds are invested in Government Obligations. The
foregoing notwithstanding, such rates, charges and fees shall be fixed, established, maintained and
collected at a level sufficient to enable the City to pay debt service on Priority Bonds during the
current Year.
(l) AUdits. After the close of each year while any Priority Bonds are outstanding, an audit
will be made of the books and accounts relating to the System and the Pledged Revenues by the
Accountant. As soon as practicable after the close of each such year, and when said audit has been
completed and made available to the City, a copy of such audit for the preceding year shall be mailed
to any holder of the then outstanding Priority Bonds who shall so request in writing. Such annual
audit reports shall be open to the inspection of the registered owners of the Priority Bonds and their
agents and representatives at all reasonable times.
(m) GovernmentalAgencies. It will comply with all of the terms and conditions of any and
all franchises, permits and authorizations applicable to or necessax7 with respect to the System, and
which have been obtained from any governmental agency; and the City has or will obtain and keep
in full force and effect all franchises. permits. authorization and other requirements applicable to or
necessary, with respect to the acquisition, construction. equipment, operation and maintenance of the
System.
(n) No Competition. To the extent it legally may. it will not grant any franchise or permit
for the acquisition, construction or operation of any competing facilities which might be used as a
substitute for the System's facilities. and. to the extent that it legally may, the City will prohibit any
such competing facilities.
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(o) Rights oflnspection. The Engineer of Record or any registered owner of $ 1 00,000 in
aggregate principal amount of the Priority Bonds then outstanding shall have the right at all
reasonable times to inspect the System and all records, accounts and data of the City relating thereto,
and upon request the City shall furnish to the Engineer of Record or such registered owner, as the
case may be, such financial statements, reports and other information relating to the City and the
System as the Engineer of Record or such registered owner .may from time to time reasonably
request.
(p) Surplus BondProceeds. It shall deposit any surplus proceeds from the Bonds remaining
after the acquisition and completion of the System improvements to the credit of the Debt Service
Fund, to the extent any such surplus proceeds are not otherwise required to be rebated to the United
States of America in accordance with the provisions of Section 23 hereof, to pay debt service on the
Bonds.
Section 23. COVENANTS REGARDING TAX-EXEMPTION. That the Issuer covenants
to refrain from any action which would adversely affect, or to take such action as to ensure, the
treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is
not includable in the "gross income" of the holder for purposes of federal income taxation. In
furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10 perccnt of the proceeds of
the Bonds or the projects financed therewith (less amounts deposited to a reserve fund, if
any) are used for any "private business use", as defined in section 141(b)(6) of the Code or,
if more than 10 percent of the proceeds are so used, that amounts, whether or not received
by the Issuer, with respect to such private business use, do not, under the terms of this
Ordinance or any underlying arrangement. directly or indirectly, secure or provide for the
payment of more than I 0 percent of the debt service on the Bonds, in contravention of
section 141 (b)(2) of the Code;
(b) to take any action to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds or the
projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private business use" which is "related" and not
"disproportionate". within the meaning of section 141 (b)(3) of the Code, to the govemmental
use;
(c) to take any action to assure that no amount which is greater than the lesser of
$5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve
fund, if any) is directly or indirectly used to finance loans to persons. other than state or local
governmental units. in contravention of section 141(c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Bonds
being treated as "specified private activity bonds" within the meaning of section 141 (a) of
the Code;
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(e) to refrain from taking any action that would result in the Bonds being
'federally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Bonds, directly or
indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire
investment property (as defined in section 148(b)(2) of the Code) which produces a
materially higher yield over the term of the Bonds, other than investment property acquired
( I ) proceeds of the Bonds invested for a reasonable temporary period of
3 years or less until such proceeds are needed for the purpose for which the bonds are
issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1.14g-l(b) of the Treasury Regulations, and
(3) amounts deposited in an3, reasonably required reserve or replacement
fund to the extent such mounts do not exceed 10 percent of the proceeds of the
Bonds;
(g) to otherwise restrict the use of the proceeds of the Bonds or amounts l~eated
as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise
contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the
extent applicable, section t49(d) of the Code (relating to advance refundings); and
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90
percent of the "Excess Earnings", within the meaning of section 148(0 of the Code and to
pay to the United States of America, not later than 60 days after the Bonds have been paid
in full, 100 percent of the amount then required to be paid as a result of Excess Earnings
under section 148(f) of the Code.
The Issuer understands that the term "proceeds" included "disposition proceeds" as defined in the
Treasury Regulations and. in the case of a refunding bond, transferred proceeds (if any) and proceeds
of the refunded bonds expended prior to the date of the issuance of the Bonds. It is the
understanding of the Issuer that the covenants contained herein are intended to assure compliance
with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury
pursuant thereto, In the event that regulations or rulings are hereafter promulgated which modify
or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to
comply with any covenant contained herein to the extent that such failure to comply, in the opinion
of nationally-recognized bond counsel. will not adversely affect the exemption from federal income
taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or
rulings are hereafter promulgated which impose additional requirements which are applicable to the
Bonds, the lssuer agrees to comply with the additional requirements to the extent necessary, in the
opinion of nationally-recognized bond counsel. to preserve the exemption from federal income
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taxation of interest on the Bonds under section l03 ofthe Code. In furtherance ofthe foregoing,
the Mayor, the City Manager, any Assistant City Manager and the Director of Finance may execute
any certificates or other reports required by the Code and to make such elections, on behalf of the
City, which may be permitted by the Code as are consistent with the purpose for the issuance of the
Bonds. In order to facilitate compliance with the above clause (h), a "Rebate Fund" is hereby
established by the City for the sole benefit of the United States of America, and such Rebate Fund
shall not be subject to the claim of any other person, including without limitation the registered
owners of the Bonds. The Rebate Fund is established for the additi.onal purpose of compliance with
section 14g of the Code.
Section 24. TAXABLE OBLIGATIONS. That the provisions of Section 23 of this
Ordinance notwithstanding, the City reserves the ability to issue Additional Priority Bonds in a
manner such that such obligations are not obligations described in section 103(a) of the Code or are
obligations which constitute "private activity bonds" within the meaning of section 141 (b) of the
Code.
Section 25. AMENDMENT OF ORDINANCE. (a) That the registered owners of a
maj ori ty in aggregate principal amount of the Priority Bonds then outstanding shall have the right
from time to time to approve any amendment to this Ordinance which may be deemed necessary' or
desirable by the City, provided, however, that without the consent of the registered owners of all of
the Priority Bonds at the time outstanding, nothing herein contained shall permit or be construed to
permit the amendment of the terms and conditions in this Ordinance or in the Priority Bonds so as
to:
(1) Make any change in the maturity of any of the outstanding Priority Bonds;
(2) Reduce the rate of interest borne by any of the outstanding Priority Bonds;
(3) Reduce the amount of the principal payable on the outstanding Priority Bonds;
(4) Modify the terms of payment of principal of. premium, if any, or interest on the
outstanding Priority Bonds or impose any conditions with respect to such payment;
(5) Affect the rights of the registered owners of less than all of the Priority Bonds then
outstanding;
(6) Amend this clause (a) of this Section; or
(7) Change the minimum percentage of the principal amount of Priority Bonds necessary
for consent to any amendment;
tmless such amendment or amendments be approved by the registered owners of all of the Priority
Bonds then outstanding.
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(b) That if at any time the City shall desire m amend the Ordinance under this Section, the
City shall cause notice of the proposed amendment to be published in a financial newspaper or
journal published in The City of New York, New York, and a newspaper of general circulation in
the City, once during each calendar week for at least two successive calendar weeks. Such notice
shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on
file at the principal office of the Paying Agent/Registrar for inspection by all holders of Priority
Bonds. Such publication is not required, however, if notice in writing is given to each registered
owner of Priority Bonds.
(c) That whenever at any time not less than 30 days, and within one year, from the date of
the first publication of said notice or other service of written notice the City sitall receive an
instrument or instruments executed by the registered owners of at least a majority in aggregate prin-
cipal amount of the Priority Bonds then outstanding, which instrument or inslTuments shall refer to
the proposed amendment described in said notice and which specifically consent to and approve such
amendment in substantially the form of the copy thereof on file with the Paying Agent/Registrar, the
governing body of the City may pass the amendatory ordinance in substantially the same form.
(d) That upon the passage of any amendatory ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be amended in accordance with such amendatory
ordinance, and the respective rights, duties and obligations under this Ordinance of the City and all
the registered owners of then outstanding Priority' Bonds and all future Priority Bonds shall thereafter
be determined, exercised and enforced hereunder, subject in all respects to such amendments.
(e) That any consent given by the registered owner of a Priority Bond pursuant to the
provisions of this Section shall be irrevocable for a period of six months from the date of the first
publication of the notice provided for in this Section, and shall be conclusive and binding upon all
future registered owners of the same Priority Bond during such period. Such consent may be
revoked at any time after six months from the date of the first publication of such notice by the
registered owner who gave such consent. or by a successor in title, by filing notice thereof with the
Paying Agent/Registrar and the City, but such revocation shall not be effective if the registered
owners of at least a majority in aggregate principal amount of the then outstanding Priority Bonds
as in this Section defined have, prior to the attempted revocation, consented to and approved the
amendment.
'(f) The foregoing provisions of this Section notwithstanding, the City by action of the City
Council may amend this Ordinance for any one or more of the following purposes:
(1) To add to the covenants and agreements of the City in this Ordinance contained,
other covenants and agreements thereafter to be observed, grant additional rights or remedies
to the registered owners of the Priority Bonds or to surrender, restrict or limit any right or
power herein reserved to or conferred upon the City;
(2) To make such provisions for the purpose of curing any ambiguity, or curing,
correcting or supplementing any defective provision contained in this Ordinance, or in regard
to clarifying matters or questions arising under this Ordinance. as are necessary or desirable
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and not contrary to or inconsistent with this Ordinance and which shall not adversely affect
the interests of the registered owners of the Priority Bonds then outstanding;
(3) To modify any of the provisions of this Ordinance in any other respect whatever,
provided that (i) such modification shall be, and be expressed to be, effective only after all
Bonds and each series of Additional Priority Bonds outstanding at the date of the adoption
of such modification shall cease to be outstanding, and (ii) such modification shall be
specifically referred to in the text of all Priority Bonds iss.ued after the date of the adoption
of such modification;
(4) To make such amendments to this Ordinance as may be reqnimd, in the opinion
of nationally recognized bond counsel acceptable to the City, to ensure compliance with
sections 103 and 141 through 150 of the Code and the regulations promulgated thereunder
and applicable thereto;
(5) To make such changes, modifications or amendments as may be necessary or
desirable in order to allow the owners of the Priority Bonds to thereafter avail themselves of
a book-entry system for payments, transfers and other matters relating to the Priorit>., Bonds,
which changes, modifications or amendments are not contrary to or inconsistent with other
provisions of this Ordinance and which shall not adversely affect the interests of the owners
of the Priority Bonds;
(6) To make such changes, modifications or amendments as may be necessary or
desirable in order to obtain or maintain the granting of a rating on the Priority Bonds by a
Rating Agency or to obtain or maintain a Credit Facility, or to obtain the approval of the
Bonds from the Texas Attorney General; and
(7) To make such changes, modifications or amendments as may be necessary or
desirable, which shall not adversely affect the interests of the owners of the Priority Bonds,
in order, to the extent permitted by law, to facilitate the economic and practical utilization
of interest rote swap agreements. foreign currency exchange agreements, or similar type of
agreements with respect to the Priority Bonds.
Notice of any such amendment may be published by the City in the manner described in clause (b)
of this Section; provided, however, that the publication of such notice shall not constitute a condition
precedent to the adoption of such amendatory ordinance and the failure to publish such notice shall
not adversely affect the implementation of such amendment as adopted pursuant to such amendatory
ordinance.
Section 26. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS.
(a) That in the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the
Paying Agent/Registrar shall cause to be printed. executed. and delivered. a new bond of the same
principal amount, maturity, and interest rate, as the damaged. mutilated, lost, stolen, or destroyed
Bond, in replacement for such Bond in the manner hereinafter provided.
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(b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall
be made to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the
applicant for a replacement bond shall furnish to the City and to the Paying Agent/Registrar such
security or indenmity as may be required by them to save each of them harmless from any loss or
damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the
applicant shall furnish to the City and to the Paying Agent/Registrar evidence to their satisfaction
of the loss, theft, or destruction of such Bond, as the case may be. In every ease of damage or
mutilation of a Bond, the applicant shall surrender to the Paying Agent/Registrar for cancellation the
Bond so damaged or mutilated.
(c) Notwithstanding the foregoing provisions of this Section, in the event any such Bond
shall have matured, and no default has occurred which is then continuing in the payment of the
principal of, redemption premium, if any, or interest on the Bond, the City may authorize the
payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond)
instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided
in this Section.
(d) Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge
the owner of such Bond with all legal, printing, and other expenses in connection therewith. Every
replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond
is lost, stolen, or destroyed shall constitute a contractual obligation of the City whether or not the
lost, swlen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be
entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds
duly issued under this Ordinance.
(e) In accordance with Section 6 of Article 717k-6, Texas Revised Civil Statutes, as
amended, this Section of this Ordinance shall constitute authority for the issuance of any such
replacement bond without necessity of further action by the governing body of the City or any other
body or person, and the duty of the replacement of such bonds is hereby authorized and imposed
upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such
bonds in the form and manner and with the effect, as provided in Section 5(d) of this Ordinance for
Bonds issued in exchange for other Bonds.
Section 27. APPROVAL AND REGISTRATION OF BONDS. That the City Manager
of the City is hereby authorized to have control of the Bonds and all necessary records and
proceedings pertaining to the Bonds pending their delivery and their investigation, examination and
approval by the Attorney General of the State of Texas, and their registration by the Comptroller of
Public Accounts of the State of Texas. Upon registration of the Bonds, said Comptroller of Public
Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the
Comptroller's Registration Certificate accompanying the Bonds. and the seal of said Comptroller
shall be impressed, or placed in facsimile, on each such certificate.
Section 28. SALE OF BONDS. (a) That the sale of the Bonds to the Underwriters, at the
purchase price described in the Purchase Agreement, is hereby authorized, ratified and confirmed.
One Bond in the principal amount maturing on each maturity date as set forlh in Section 2 hereof
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shall be delivered to the Underwriters, and the Underwriters shall have the right to exchange such
bonds as provided in Section 5 hereof without cost.
(b) That the Purchase Agreethent setting forth the terms of the sale of the Bonds to the
Underwriters, in substantially the form attached to this Ordinance, is hereby accepted, approved and
authorized to be delivered in executed form to the Underwriters.
(c) That the "Official Statement" prepared in connectio.n with the sale of the Bonds, in
substantially the form attached to this Ordinance, are hereby accepted, approved and authorized to
be delivered in executed form to the Underwriters. The use of the "Preliminary Official Statement"
prepared in connection with the sale of the Bonds is hereby ratified.
Section 29. USE OF PROCEEDS. That the proceeds from the sale of the Bonds shall be
used in the manner described in the letter of iustmctious, as the Mayor, the City Manager, or the
Director of Finance of the City may execute on behalf of the City. The foregoing notwithstanding,
(i) proceeds representing accrued interest and premium on the Bonds shall be deposited to the credit
of the Debt Service Fund and (ii) $43,140,000 received as proceeds from the sale of the Bonds shall
be deposited to the credit of the "Series A Note Payment Fund", established in accordance with the
provisions of the ordinance of the City adopted November 18, 1997, to refund the Commercial Paper
Notes determined by the Director of Finance or the designee thereof to be refunded and retired with
proceeds received by the City from the sale of the Bonds.
Section 30. FURTHER PROCEEDINGS. That the Mayor, City Secretary, City Manager,
and the Director of Finance, and all other officers, employees and agents of the City, and each of
them, shall be and they are hereby expressly authorized, empowered and directed from time to time
and at any time to do and perform all such acts and things and to execute, acknowledge and deliver
in the name and under the corporate seal and on behalf of the City all such instruments, whether
herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of
this Ordinance and the Bonds, including, but not limited to, the printing of a statement relating to
the insuring of the Bonds by a municipal bond insurance company, and, if necessary, executing and
delivering an agreement of the type referred to in Section 13(b) hereof and a "Blanket Letter of
Representations" in the form provided by DTC.
Section 31. MUNICIPAL BOND INSURANCE POLICY; SURETY BOND FOR
RESERVE FUND. (a) Municipal Bond Insurance Policy. In connection with the sale of the
Bonds, the City intends to acquire. for the benefit of the Bondholders, a Municipal Bond Guaranty
Insurance Policy to be issued by (the "Insurer"). The acquisition of said Policy is
hereby approved, and in consideration thereof the City shall use its best efforts to comply with the
conditions agreed upon by the City and the Insurer in connection with the issuance of said Policy.
The City Manager and any Assistant City Manager shall have the authority to execute any documents
to effect the issuance of said Policy by the Insurer.
(b) SureO~ Bond for Reserve Fund. In accordance with the provisions of Section 1 l(b) of
the Base Ordinance, the City hereby exercises the right reserved in the Base Ordinance to substitute
a Credit Facility, in the form of a surety bond to be provided by the Insurer, for cash and Eligible
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Investments currently on deposit in the Reserve Fund. The Credit Facility shall be so substituted at
the time of the issuance and delivery of the Bonds. The Credit Facility shall be in an amount no less
than the Required Reserve Amount. For purposes of this Ordinance, the Required Amount shall
include the debt service on the Bonds as well as the Outstanding Previously Issued Priority Bonds.
All moneys on deposit in the Reserve Fund that are released as a result of the substitution of the
surety bond for such moneys shall be deposited to the credit of the Debt Service Fund and shall be
used to pay debt service on the Priority Bonds to which such moneys are attributable. The City
Manager and any Assistant City Manager shall have the authority to execute any documents to effect
the issuance of said surety bond by the Insurer.
Section 32. COMPLIANCE WITH RULE 15c2-12. (a) AnnualReports. (i) The City
shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal
year as described in an exhibit attached to this Ordinance, financial information and operating data
with respect to the City of the general type included in the final Official Statement authorized by
Section 28 of this Ordinance, being the information described in Exhibit A attached to this
Ordinance. Any financial statements to be so provided shall be (1) prepared in accordance with the
accounting principles described in Exhibit A attached hereto, or such other accounting principles as
the City may be required to employ from time to time thereafter pursuant to state law or regulation,
and (2) audited, if the City commissions an audit of such statements and the audit is completed
within the period during which they must be provided. If the audit of such financial statements is
not complete within such period, then the City shall provide unaudited financial statements within
such period and shall provide audited financial statements for the applicable fiscal year to each
NRMSIR and any SID, when and if the audit report on such statements become available.
(ii) If the City changes its fiscal year, it will notify each NRMSIR and any SID of the change
(and of the date of the new fiscal year end) prior to the next date by which the City otherwise would
be required to provide financial information and operating data pursuant to this Section. The
financial information and operating data to be provided pursuant to this Section may be set forth in
full in one or more documents or may be included by specific reference to any document (including
an official statement or other offering document, if it is available from the MSRB) that theretofore
has been provided to each NRMSIR and any SID or filed with the SEC.
(b) Material Event Notices. The City shall notify any SID and either each NRMSIR or the
MSRB, in a timely mariner. of any of the following events with respect to the Bonds, if such event
is material within the meaning of the federal securities laws:
2.
3.
4.
5.
6.
7.
8.
9.
Principal and interest payment delinquencies;
Non-payment related defaults:
Unscheduled draws on debt service reserves reflecting financial difficulties;
Unscheduled draws on credit enhancements reflecting financial difficulties;
Substitution of credit or liquidity proriders, or their failure to perform;
Adverse tax opinions or event.~ affecting the tax-exempt status of the Bonds;
Modifications to rights of holuers of the Bonds;
Bond calls;
Defeasances;
246
10.
11.
Release, substitution, or sale of property securing repayment of the Bonds;
and
Rating changes.
The City shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide financial information or operating data in accordance with subsection
(a) of this Section by the time required by such subsection.
(c) Limitations, Disclaimers, andAmendments. (i) The City shall be obligated to observe
and perform the covenants specified in this Article for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that
the Ci~ in any event will give notice of any deposit made in accordance with this Ordinance or
applicable law that causes Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the registered owners and
beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to an>' other person. The City
undertakes to provide only the fa~ancial information, operating data, financial statements, and notices
which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to
provide any other information that may be relevant or material to a complete presentation of the
City's financial results, condition, or prospects or hereby undertake to update any information
provided in accordance with this Section or otherwise, except as expressly provided herein. The City
does not make any representation or warranty concerning such information or its usefulness to a
decision to invest in or sell Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE
REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER
PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART
FROM ANY BREACH BY THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON
ITS PART, OF ANY COVENANT SPECIFIED IN THIS ARTICLE, BUT EVERY RIGHT AND
REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF
ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
'(iv) No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under this Ordinance for purposes of an~, other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
(v) The provisions of this Section may be amended by the City from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status. or type of operations of the City, but only if(~) the provisions
of this Section, as so amended. would have permitted an underwriter to purchase or sell Bonds in
the primary offering of the Bonds in compliance with the Rule, taking into account any amendments
or interpretations of the Rule since such offering as well as such changed circumstances and (2)
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either (a) the registered owners of a majority in aggregate principal mount (or any greater mount
required by any other provision of this Ordinance that authorizes such an amendment) of the
outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the City (such
as nationally recognized bond counsel) determined that such amendment will not materially impair
the interest of the registered owners and beneficial owners of the Bonds. If the City so amends the
provisions of this Section, it shall include with any amended financial information or operating data
next provided in accordance with subsection (a) of this Section an explanation, in narrative form,
of the reason for the amendment and of the impact of any change in the type of financial information
or operating data so provided. The City may also amend or repeal the provisions of this continning
disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court
of final jurisdiction enters judgmem that such provisions of the Rule are invalid, but only if and to
the extent that the provisions of this sentence would not prevent an underwriter from lawfully
purchasing or selling Bonds in the primary. offering of the Bonds.
Section 33. ALLOCATION OF, AND LIMITATION ON, EXPENDITURES FOR THE
PROJECT. That the City covenants to account for on its books and records the expenditure of
proceeds from the sale of the Bonds and any investment earnings thereon to be used for the
improvemere and extension of the System (referred to herein and Section 34 hereof as a "Project")
by allocating proceeds to expenditures within 18 months of the later of the date that (a) the
expenditure on a Project is made or (b) each such Project is completed. The foregoing
notwithstanding, the City shail not expend such proceeds or investment earnings more than 60 days
after the later of (a) the fifth anniversary of the date of delivery of the Bonds or (b) the date the
Bonds are retired, unless the City obtains an opinion of nationally-recognized bond counsel
substantially to the effect that such expenditure will not adversely affect the tax-exempt status of the
Bonds. For purposes of this Section, the City shall not be obligated to comply with this covenant
if it obtains an opinion of nationally-recognized bond counsel to the effect that such failure to
comply will not adversely affect the excludability for federal income tax purposes from gross income
of the interest.
Section 34. DISPOSITION OF PROJECT. That the City covenants that the property
constituting a Project will not be sold or otherwise disposed in a transaction resulting in the receipt
by the City of cash or other compensation, unless the City obtains an opinion of nationally-
recognized bond counsel substantially to the effect that such sale or other disposition will not
adversely affect the tax-exempt status of the Bonds. For purposes of this Section, the portion of the
property comprising personal property and disposed of in the ordinary course of business shall not
be treated as a transaction resulting in the receipt of cash or other compensation. For purposes of
this Section, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion
of nationally-recognized bond counsel to the effect that such failure to comply will not adversely
affect the excludability for federal income tax purposes from gross income of the interest.
Section 35. PREAMBLE. That the preamble to this Ordinance is hereby incorporated by
reference, and is *o be considered a pan of the operative text of this Ordinance.
Section 36. IMMEDIATE EFFECT. That on request of the Mayor to find and declare an
emergency due to the immediate need for the efficient and effective administration of City affairs
248
by authorizing the issuance of the above-mentioned Bonds, such finding of an emergency is hereby
specifically made and declared, requiting suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at two regular meetings so that this Ordinance be passed and
take effect upon first reading.
SIGNED AND SEALED THIS 19TH DAY OF SEPTEMBER, 2000.
Mayor,
City of Corpus Christi, Texas
City. Secretary
APROVED AS TO FORM:
(SEAL)
City Attorney
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CITY COUNCIL
AGENDA MEMORANDUM
September 14, 2000
AGENDA ITEM:
Motion accepting approving a project cooperation agreement, project
description, and funding between the General Land Office and the City of
Corpus Christi for Corpus Christi Bay Beach Nourishment.
Ordinance appropriating $1,300,000 from the General Land Office in the No.
1050 Federal/State Grant Fund for the renourishment of Corpus Christi Beach
and construction of appropriate erosion control structures; and declaring an
emergency.
ISSUE: During the last legislative session, the City of Corpus Chdsti adopted as one of
its principal legislative issues, passage of a State funded beach renourishment program.
Under the excellent leadership of the General Land Office (GLO) and our local legislative
delegation, the Texas Coastal Erosion Planning and Response Program was passed. The
City of Corpus Christi applied for restoration of Corpus Christi Beach under the program
and the request was approved by the Land Commissioner, David Dewhurst. A project
cooperation agreement for the project and its funding has been offered by the GLO, and
in order to accept the agreement, the Council must approve a motion to so accept.
PRIOR COUNCIL ACTION: Application to the Coastal Erosion Planning and Response
Program through a project proposal,
RECOMMENDATION: I strongly recommend that the Council approve the cooperation
agreement by motion and appropriate funding by ordinance.
W. Thomas Utter
Assistant City Manager
251
BACKGROUNDINFORMATION
I
In the City Council's legislative priorities for the last legislative session, the Council
included a proposal for establishment of a State funded Coastal Erosion Program.
Working closely with the General Land Office (GLO) and members of our legislative
delegation, the Texas Coastal Erosion Planning and Response Act (Act) was
passed.
Under the Act, the City of Corpus Christi applied through a project proposal for
Corpus Christi Beach restoration. That project was approved by David Dewhurst,
Land Commissioner, and after a series of negotiations and studies, the project is
now ready to move forward. The GLO has offered a project cooperation agreement
under which the GLO would provide $1.5 million for the project in cash and the City
would provide $500,000 of in-kind value through the contribution of approximately
100,000 cubic feet of sand (this sand is stockpiled at the O.N. Stevens Water Plant).
The design and engineering would be accomplished by Shiner Moseley and
Associates, a local engineering firm under contract with the GLO. The actual
contract will be paid by the City of Corpus Chdsti and reimbursed through the State.
The estimated cost of the contractual award is approximately $1.3 million.
In addition to the project, the Corps of Engineers (COE) and the Port of Corpus
Christi (Port) are in the process of dredging Rincon Channel. Sand in the amount
of 100,000 cubic yards will also be available for this project. Both the COE and the
Port have agreed to place the sand on Corpus Chdsti Beach and the GLO is willing
to allow this to also be used as a local match. The GLO is at present attempting to
find additional funds under the Act to do additional work on the beach to be matched
by the COE/Port sand. There is a strong possibility that the overall project could
reach the $3.2 - $3.5 million range, which would include one or more permanent
structures. I have attached a copy of the project cooperation agreement.
252
GLO Contract No. 01-11~C
Coastal Projects No. 1024
PROJECT COOPERATION AGREEMENT
FOR PROJECT DESCRIPTION AND FUNDING
BETWEEN
THE GENERAL LAND OFFICE
AND
THE CITY OF CORPUS CHRISTI
FOR
CORPUS CHRISTI BAY BEACH NOURISHMENT
THIS PROJECT COOPERATION AGREEMENT (the "Agreement") is made and
entered into by and between the General Land Office CGLO'') and the City of Co~pns Christi
(the "Qualified Project Partner") pursuant to the Coastal Erosion Planning and Response Act (the
"Act''), codified as Texas Natural Resources Code, Chapter 33, Subchapter H, and the regulations
set forth in Texas Administrative Code, Title 31, Chapter 15, Subchapter B.
WHEREAS, on the 271h day of June, 2000, the GLO and the Qualified Project Partner
entered into a Project Cooperation Agreement For Evaluating Erosion Response Alternatives for
Corpus Christi Bay Beach, denominated GLO Contract No. 00-309 C, to assess the feasibility,
cost, and financing of different methods of avoiding, slowing, or remedying coastal erosion for
such location (the Alternatives Evaluation); and
WHEREAS, upon completion of the Altematives Evaluation, the GLO has determined
that one or more of the preferred alternatives is a viable option for addressing erosion on Corpus
Christi Bay Beach, and has authorized funding from the Coastal Erosion Response Account (the
"Account'') to finance such preferred alternatives; and
WHEREAS, this A~eement and all attachments hereto (referred to collectively as the
"Agreement"), shall set forth the terms and conditions under which an erosion response project
will be completed and funded;
NOW THEREFORE, in consideration of the benefits to the State of Texas, the GLO and
the Qualified Project Partner enter into this A~eement and hereby agree as follows:
253
1
L EROSION RESPONSE PROJECT.
1.01. PROJECT DESCRIPTION. The parties agree to address the erosion problem on
Corpus Christi Bay Beach by restoring the shoreline using sand nourishment and other ewsion
response methods (the "Project").
1.02. TASKS. The parties shall complete the Project in accordance with the Project Work plan
contained in Attachment A to be attached hereto and incorporated herein for all purposes.
1.03. PROJECT BUDGET. The parties agree that all expenses associated with the
performance of this Agreement will be paid in accordance with the Budget to be attached hereto
and incorporated herein by reference as Attachment B. In the event the parties agree that
additional tasks and/or funds are required for the completion of the Pwject, the parties shall execute
an amendment to this Agreement.
1.04. COASTAL BOUNDARY SURVEY. The Qualified Project Partner agrees and
acknowledges that, when required, an approved coastal boundary survey must be filed with the
GLO in conformance with Texas Natural Resources Code §33.136, prior to commencement of the
Project.
2.01. DURATION. This Agreement shall be effective on the date the last party executes thig __.
Agreement, and shall terminate on August 31, 2001, unless extended by mutual agreement.
2.02. EARLY TERMINATION. This Agreement may be terminated by either party by
giving written notice specifying a termination date at least thirty (30) days subsequent to the date
of the notice.
2.02. DISPUTE RESOLUTION. If a contract dispute arises that cannot be resolved to the
satisfaction of the parties, either paxty may notify the other party in writing of the dispute. If the
parties are unable to satisfactorily resolve the dispute within fourteen (14) days of the written
notification, the GLO may require the issue(s) be mediated. In such event, the GLO shah so notify
the Qualified Project Partner and furnish the Qualified Project Parmer with the names of three
mediators acceptable to the GLO. Within ten (I0) days of such notice, the Qualified Project Partner
shall select a mediator fi'om the list provided by the GLO and notify the GLO. The mediation shall
occur within thirty (30) days of such notification. Prior to the mediation, each party will provide the
mediator with a statement of issues to be mediated, along with any other informatioNreleases
required by the mediator. Cost of the mediator shall be borne equally by the parties. Any dispute
resolution shall be conducted in accordance with Chapter 2260 of the Texas Government Code.
III. FUNDING.
3.01. PARTNER MATCH. a. The Qualified Project Partner shall be responsible for at least
25% of the shared project costs either (i) before completion of the Project, or (ii) followin~--
completion of the Project as set forth in this Agreement (the "Partner Match").
254 2
b. h-kind goods or services provided by the Qualified Project Partner after entering into
this Agreement may be used to offset up to 25% of the Partner Match provided the Qualified
Project Parmer presents the GLO with a reasonable basis for estimating the monetary value of
those goods or services. The decision to allow any in-kind goods or services to offset the Partner
Match is in the sole discretion of the GLO.
e. The Qualified Project Partner agrees and acknowledges that financial assistance from
the Beach Cleaning and Maintenance Assistance Program p, ursuant to 31 Texas Adwini~'afive
Code Chapter 25 may not be used to meet the Partner Match.
3.02. ALTERNATIVE SOURCE FUNDING. The parties agree to continue to work
cooperatively to investigate and secure funding from sources other than the Account. Alternative
sources of funding acquired by the Qualified Project Partner after the execution of this
Agreement may be used to meet the Partner Match.
3.03. STATE FUNDING. This Agreement shall not be construed as creating any debt on behalf
of the State of Texas and/or the General Land Office in violation of See. 49, Art. llI of the State
Constitution. In compliance with See. 6, Art. VIII of the Constitution, it is understood that all
obhgations of the State hereunder are subject to the availability of State funds. If such funds are not
appropriated or become unavailable, this Contract may be terminated. In that event, the-pax'des nhall
be discharged from further obligations, subject to the equitable settlement of their respective
interests accrued up to the date of termination.
3.04. AUDIT. The GLO reserves the right to audit any Qualified Project Partner account related
to the subject project and to verify any expense item submitted for reimbursement by the Q.~lit~ed
Project Partner, ~vho will permit the GLO to inspect, and will make available for inspection, any and
all pertinent records, files, information, and other ~vritten materials pertaining to the expenditure of
funds on the Alternatives Evaluation and/or the Project. The Qualified Project Partner further
agrees to maintain, keep, and preserve at its principal office all such records, and all other records
associated with this Agreement, for a period of four years following the completion or termination
of this Agreement and to make the same available to the GLO or other agencies of the state or
federal government for purposes of audit.
IV. MISCELLANEOUS PROVISIONS.
4.01. OTHER LAW. Incorporated by reference the same as if specifically written heroin are
the rules, regulations, and other requirements imposed by law, including but not limited to
compliance with those pertinent statutes, rules, and regulations of the State of Texas and those of
federal agencies providing funds to the State of Texas, all of which shall apply to the performance
of the services hereunder.
4.02. PARTNER COMPLIANCE. This paragraph applies only to a local governmental entity
subject to the ~mvisious of the Open B each~ ~ Act (Texas Natural Resources Code, Chapter 61 ) and
the Dune Protection Act (Texas Natural Resources Code, Chapter 63). The Qualified Project Partner
acknowledges that it will reimburse the Account for any costs to the erosion response project,
whether in die form of increased project costs or decreased benefits, resulting from any action or
255
3
activity which has occurred or is occurring that is not in compliance wi~ the relevant
beach/dune plan(s).
4.03. POINTS OF CONTACT.
a. The GLO's point of contact for this Agreement shall be:
Juan C. Moya
Project Manager
P.O. Box 12873
Austin, Texas 78711-2873
(512) 475-3735
(512) 475-0680-- fax
b. The Qualified Project Pamer's point of contact for this Agreement shall be:
Mr. Tom Utter
Assistant City Manager
P.O. BOX 9277
Corpus Christi, TX 78469-9277
(361) 880-3232
(361) 880-3230--fax
4.04. NOTICES. Any notice required or permitted to be delivered under this Agreement shai,
be deemed delivered when deposited in the United States mail, postage prepaid, certified malt,
return receipt requested, addressed to the point of contact for the GLO or the Qualified Project
Parmer, as the case may be, at the address set forth in Section 4.03 of this Agreement.
4.05. VENUE. This Agreement shall be governed and construed in accordance with the laws
of Texas. Venue of any suit brought for breach of this Agreement is fhxed in any court of
competent jurisdiction in Travis County, Texas; provided, however, the foregoing shall not
be construed as a waiver of sovereign immunity by the GLO.
4.06. SEVERANCE. Should any one or more provisions of this Agreement be held to be
void, voidable, or for any reason whatsoever of no force and effect, such provision(s) shall be
construed as severable from the remainder of this Agreement and shall not affect the validity of
all other provisions of this Agreement, which shall remain of full force and effect.
4.07. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
parties. No other agreement, statement, or promise that is not contained in this Agreement shall
be binding except a subsequent ~witten modification signed by both parties.
256 4
GENERAL LAND OFFICE
Larry R. iolf~ChiefClerk/
Senior Deputy Land Commissioner
Date of execution: ci~/4///l~C)
G.C.
QUALIFIED PROJECT PARTNER
NalTle:
Title:
Date 6f execution:
Approved as to form:
James R. Bray, Jr.
City Attorney
By: ffta~nn~r
, ne;,
257
5
ATTACHMENT A
PROJECT WORK PLAN
258
PROJECT WORK PLAN
SECTION 1.
To develop the Corpus Chdsti Beach Shoreline Protection Strategy, the GLO, assisted
by the City, shall undertake the following:
a. Contract with Shiner Moseley & Associates, Inc. to:
1. Implement the selected altemative.
2. Complete final design plans and specifications for nourishment as an
erosion control measure.
3. Estimate construction costs.
4. Manage construction in coordination with the City.
5. Identify and provide the permits necessary for the project.
b. Provide reimbursement to the City for approved contracts in accordance with the
project budget as may be mutually amended from time to time.
SECTION 2.
To develop the Corpus Chdsti Beach Shoreline Protection Project, the City, shall:
a. Confer and cooperate with the GLO on the final design and the construction
management of the Project.
b. Provide $500,000 in sand.
c. Contract with a construction contractor to implement the selected alternative.
259
ATTACHMENT B
PROJECT BUDGET
260
ESTIMATED BUDGET
Corpus Christi Beach # 1024
SHARED PROJECT COSTS
CONTRACTUAL
Final Plans, Permitting, Construction Management, a~d Construction
TOTALS
$1,.390,385
Total Project Cost paid by GLO under PCAlfor Corpus Christi Beach # 1024
Monitoring
$94,615
$0
IN-KIND SERVICES
Qualified Project Partner
Altemative Source of Funding
OTHER
1 Economic Analysis
2
Subtotal
Subtotal
Subtotal
TOTAL NOTTOEXCEEDCOST
$1,485,000
$0
$500,000
$0
$500,000
$15,000
$0
$2,000,000
COST SHARING REQUIREMENTS
Qualified Project Partner (QPP)
25% of Total Costs
Partner In-kind
- Alternative Source of Funding
TOTAL (25% of total costs - partner in-kind - QPP alternative funding)
QUALIFIED PROJECT PARTNER CASH AMOUNT
$500,000
$500,000
$0
$0
CEPRA
75% of Total Costs
Alternative Source of ~unding
TOTAL (75% of total costs - GLO in-kind - GLO alternative funding)
Amount from Coastal Erosion Response Account
Please specify when using historically undemtilized business as required by state law.
$1,500,000
$1,500,000
26t
ORDINANCE
APPROPRIATING $1,300,000 FROM THE GENERAL LAND OFFICE IN
THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR THE
RENOURISHMENT OF CORPUS CHRISTI BEACH AND CONSTRUCTION
OF APPROPRIATE EROSION CONTROL STRUCTURES; AND
DECLARING AN EMERGENCY
BElT ORDAINED BYTHECITYCOUNCIL OFTHECITYOFCORPUS CHRISTI,
TEXAS:
SECTION 1. That $1,300,000 from the General Land Office is appropriated in the No.
1050 Federal/State Grants Fund for the renourishment of Corpus Christi Beach and
construction of appropriate erosion control structures.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2000.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED: This 15th day of September, 2000:
James R. Bray, City Attorney
By: R. J ~"~n~
S~sistant City Attorney
R04015A1,wpd
262