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HomeMy WebLinkAboutAgenda Packet City Council - 11/14/2000CITY PUBLIC BOOK (UNBOUND) DO NOT REMOVE COUNCIL AGENDA c ty of Corpus Chrlsti November 14, 2000 1:45 p.m. Proclamation declaring November 14 - 20, 2000 as "Tree Awareness Week" Proclamation declaring November 14, 2000 as "Dispute Resolution Services Day" Swearing-in of newly appointed Board, Commission, and Committee membem. AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 14, 2000 t2:00 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 intothemicrophonelocatedatthepodiumandstateyournameandaddress. Yourpresentationwillbelimitedtothreeminutes. 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-espatlol en todas tas juntas del Concilio pare ayudade. _.Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact 'e City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made. Mayor Samuel L. Neal, Jr. to call the meeting to order. Invocation to be given by Senior Pastor Rick Maim, Faith Temple. Pledge of Allegiance to the Flag of the United States. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pro Tem John Longoda Council Members: Javier D, Colmenero Melody Cooper Henry Garrett Arnold Gonzales Rex A. Kinnison Betty Jean Longoria Mark Scott o. MINUTES: City Manager David R. Garcia City Attorney James R. Bray, Jr. City Secretary Armando Chapa 1. Approval of Regular Meeting of October 31, 2000. (Attachment # 1) Agenda Regular Council Meeting "November 14, 2000 age 2 Fm Hm SPECIAL ACTION ITEM: Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adopting and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5. (Attachment # 2) BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 3) Ethics Commission C. C. Bay Area Minority Business Opportunity Steering Committee (MBOC) Mechanical/Plumbing Advisory Board Weed and Seed Steering Committee PRESENTATIONS: Public comment will not be solicited on Presentation items. * 2000 Bond Issues Implementation Discussion * Nueces Estuary Diverson Projects (Attachment # 4) * AT&T/TCI and ClearSource Cable Construction/Installation Processes Television APPROXIMATELY 2:00 P.M. - 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 uated se dirige a la junte y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en la reunidn de la junta para ayudafle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end Of the agenda summary) Agenda Regular Council Meeting ""November 14, 2000 'age 3 5.a. DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING. SPECIAL CONSIDERATION ITEMS: (APPROXIMATELY 2:00 P.M.) Motion to amend prior to Second Reading ordinance designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as 'Reinvestment Zone Number Two, City of Corpus Chdsti, Texas' establishing a board of directors for such reinvestment zone, and other matters relating thereto, as appreved on First Reading August 29, 2000, by reducing the total area from 1,930.3 acres to 1,930.08 acres, and making language corrections to Section 8 and the third recital. (Attachment # 5) Second Reading Ordinance - Designating a certain area within the jurisdiction of the City of Corpus Chdsti as a tax increment financing district to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas," establishing a Board of Directors for such Reinvestment Zone, and other matters relating thereto. (First Reading - 8/29/00) (Attachment # 5) First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 33, Offenses and Miscellaneous Provisions regarding Waterfowl Hunting and providing for penalties. (Attachment # 6) EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting ""November 14, 2000 ~age 4 CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion approving the purchase of 1,000 gallons of Malathion insecticide in accordance with Bid Invitation No. BI-0029-01 from Van Waters & Rogers, Inc., Corpus Christi, Texas for the amount of $22,740, based on low bid. The insecticide will be used by the Health Department, Vector Control. Funds have been budgeted in FY00-01. (Attachment # 7) Motion approving the purchase of computer network equipment from the following companies forthe following amounts in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $165,363. Funds are provided through the Juvenile Accountability Incentive Block Grant. (Attachment # 8) Kent DataComm Austin, Texas $56,445 Hart InterCivic Austin, Texas $108,918 Grand Total: $165,363 Motion authorizing the City Manager or his designee to execute a maintenance agreement with Cisco Systems, Inc. in the amount of $59,171.89 for twelve months of hardware and operating system maintenance based on sole source. (Attachment # 9) CITY COUNCIL PRIORITY ISSUES (Re~r to legend at the end of the agenda summary) Agenda Regular Council Meeting ""'ovember 14, 2000 age 5 10. 11. 12.b. 13.a. Motion authorizing the City Manager or his designee to execute a construction contract with JSJ Services, Inc. for a total fee not to exceed $28,140 for the OoN. Stevens Water Treatment Plant Pollywog Pond Bird Watching Sanctuary Improvements. (Attachment # 10) Motion authorizing the City Manager or his designee to execute Amendment No. 3 for Stage 2 services to the engineering contract in the amount of $1,640,814 with Smith, Russo & Mercer Consulting Engineers for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 and Wash Water System project. (Attachment #11) First Reading Ordinance - Authorizing the City Manager or his designee to execute a twenty five year lease with Texas A & M University - Corpus Christi (TAMU-CC) of a 71,351.28 square foot tract of land constituting City owned right-of-way fronting Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation of a public beach and payment of an annual rental rate of one dollar. (Attachment # 12) Ordinance authorizing the City Manager or his designee to grant a temporary construction easement for a term of eleven months to Texas A & M University - Corpus Christi (TAMU-CC), going in, on, under, over, and along a certain 16,639.92 square foot tract of land fronting Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation of a public beach and payment of an annual rental rate of one dollar. (Attachment # 12) Motion approving the reimbursement application submitted by Aransas Cliffs Development Company, Ltd., developer of Lots 1-11 and 54-64, Block 16, Lots 1-6 and 59-64, Block 116 and Lots 1-4 and 54-64, Block 216, Port Aransas Cliffs, for the installation of 83 linear feet of an off-site 10-inch PVC sanitary sewer collect/on line. (Attachment # 13) Ordinance appropriating $14,441.84 in the No. 4220 Sanitary Sewer Collection Line Trust Fund to pay developer reimbursement request of Aransas Cliff Development Company, Ltd. for the installation of 83 linear feet of an off-site 1 O-inch PVC Sanitary Sewer Collection Line to develop Lots 1-11 and 54-64, Block 16, Lots 1-6 and 59-64, Block CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting ""lovember 14, 2000 age 6 14. 15.a. 15.b. 15.c. 16.a. 16.b. 116 and Lots 1-4 and 54-64, Block 216, Pod Aransas Cliffs. (Attachment # 13) Resolution approving the transfer of $400,000 from the Sanitary Sewer Trunk Line Trust Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Section V.B.6.h of the Platting Ordinance to establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the Platting Ordinance. (Attachment # 14) Motion authorizing the City Manager or his designee to accept funding in the amount of $14,655 from the Flour Bluff Independent School District E=MC2, 21't Century Grant Program to provide a structured after school and a one Saturday a month recreation program, in addition to a one time camping experience for junior high school youth. (Attachment # 15) Ordinance appropriating $14,655 from the Flour Bluff Independent School District E=MC=, 21"t Century Grant Program in the No. 1020 General Fund to provide recreational programs at Flour Bluff Junior High School. (Attachment # 15) Resolution authorizing the City Manager or his designee to execute an Interlocal Governmental Agreement with Flour Bluff Junior High School for the City to provide an afterschool program, a one Saturday a month recreation program, and a camping trip for school age youth 12 to 16 years of age in consideration for the payment of $14,655 and use of Flour Bluff Junior High School facilities. (Attachment # 15) Motion authorizing the City Manager or his designee to accept a grant in the amount of $333,115 from the U.S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY2000 Law Enforcement Block Grants program and to execute all related documents. (Attachment # 16) Ordinance appropriating $333,115 from the U.S. Department of Justice, Bureau of Justice Assistance in the No. 1050 Federal/State Grants Fund to purchase law enforcement equipment for the Police Department; authorizing the transfer of $37,013 from the No. 6010 Law Enforcement Trust Fund to, and appropriating $37,013 in the No. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting "*lovember 14, 2000 age 7 17. 18. 19. 20. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1050 Federal/State Grants Fund as the grant match. (Attachment # 16) Ordinance appropriating a $50,000 grant from the Texas Department of Transportation in the No. 1050 Federal/State Grants Fund for transportation planning and related activities by the Metropolitan Planning Organization through November 14, 2000; amending Ordinance 8127, as amended, Section 510, Executive Pay Plan, by deleting the classification of Transportation Planning Director effective November 15, 2000; eliminating effective November 15, 2000 the following MPO-designated positions: one City Planner III, one City Planner II, one GIS Systems Specialist, and one Executive Secretary. (Attachment # 17) Ordinance appropriating $245,310.30 from the Unreserved Fund Balance in the No. 6010-21130 Law Enforcement Federal Trust Fund and appropriating $213,442.70 from the Unreserved Fund Balance in the No. 6010-21120 Law Enforcement State Trust Fund for law enforcement equipment and related expenditures; amending the FY00-01 Budget, adopted by Ordinance No. 024130, to increase appropriations by $458,753 in the No. 6010 Law Enforcement Trust Fund. (Attachment # 18) Ordinance authorizing the City Manager or his designee to execute a non-exclusive lease with San Antonio MTA, L.P., a Delaware Limited Partnership, dba Verizon Wireless, by its sole general partner, Primeco Personal Communications, L.P., a Delaware Limited Partnership, for the installation of several low profile antennas at the airport to improve telecommunications signal strength within the airport terminal building, on a month to month basis, not to exceed 12 months, in consideration of payment of $150 per month. (Attachment # 19) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five-year lease with Jesus J. Mondragon dba J&G Concessions for concession operations at the Greenwood Softball Complex located near the Intersection of Greenwood Drive and Gollihar Road, in consideration for a variable rental rate of $100 to $350 per month which is determined in relation to the number of athletic teams registered to play two or more weeks per month. (Attachment # 20) Agenda Regular Council Meeting "November 14, 2000 age 8 21. 22.a. 23. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summaBt) First Reading Ordinance o Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares- Amounts, to increase taxicab fares to $2.00 for the first one-fifth mile and $1.00 for each additional passenger, and providing for penalties. (Attachment # 21) Second Reading Ordinance - Granting to TCI Cablevision of Texas, Inc. an acceptance of an agreement relating to the cable television franchise granted in Ordinance No. 16133, as amended, to extend said franchise for six months in consideration of TCI providing a franchise fee payment to City of five percent and based upon consideration of requirements relating to the transfer of the franchise to Texas Cable Partners, L.P. (First Reading 10/10/00) (Attachment # 22) Second Reading Ordinance - Authorizing the transfer of a cable television franchise from TCI Cablevision of Texas, Inc. to Texas Cable Partners, L.P,, subject to requirements. (First Reading 10/10/00) (Attachment # 22) PUBLIC HEARINGS: ZONING CASES: Case No. 0900-05, SuDchai and Mai Ho Chanyarlak: A change of zoning from an "R-1B" One-family Dwelling District to a "B-1A" Neighborhood Business District on Hart Addition, Block D, being 0.895 acre out of Lot F, located on the north side of Leopard Street, approximately 200 feet west of Hart Road. (Attachment # 23) Plannincl Commission's and Staffs Recommendation: Approval of the "B-1A" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Supchai and Mai Ho Chanyarlak by changing the zoning map in reference to 0.895 acre out of Lot F, Block D, Hart Addition, from "R-1 B" One-family Dwelling District to "B-1A" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Agenda Regular Council Meeting "~'ovember 14, 2000 age 9 Nm REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 24. First Reading Ordinance - Granting a one-year franchise extension to Central Power and Light Company for provisions of light, heat, and power. (Attachment # 24) 25.a. Motion adopting the timetable for the FY2001 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (Attachment # 25) 25.b. Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 by Ordinance No. 021901. (Attachment # 25) 26. Resolution adopting the City of Corpus Christi's Legislative Program for the seventy-seventh session of the Texas Legislature. (Attachment # 26) O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas Government Code. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. Planned Executive Session and Related Action Notice is given specifically that the City Council expects to go into executive session during this meeting regarding the following additional matter: Executive session pursuant to Texas Government Code Section 551.071 regarding enforcement of agreement with Calallen Independent School District (approved by City Council Motion No. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting ~"~ovember14,2000 age 10 28. 29. 30. 31. M98-162 on May 12, 1998), with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding the legal ramifications ofthe conversion of Nueces County Rural Fire District No. 1 to a Nueces County Emergency Services District No. 1, with possible discussion and action related thereto in open session. Executive session pursuant to Texas Government Code Section 551.071 regarding claims arising from water infiltration into City Hall and consequential effects thereof, with possible discussion and action related thereto in open session. 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 brYef discussions regarding city-related matters. CITY MANAGER'S REPORT * Upcoming Items MAYOR'S UPDATE COUNCIL AND OTHER REPORTS CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda surnma~) ADJOURNMENT: POSTING STATEMENT: Agenda Regular Council Meeting ~'~Iovember14,2000 age 11 Armando Chapa City Secretary CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda sum maW) 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. CrI'Y COUNCIL 1999 PRIORITY ISSUES: CONTINUE "AS IS" 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 Street Assessment 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 Dislxict Initiatives · Address budget concerns and the ability to fund the program for the long-term ~'i]Bayfi'ont 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) Bayfrom 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) ~Long-range Strategic Water Planning Capacity External Issues ~ Metroeom Crosstown Expressway Spaceport Medical Campus Long-range (after the Bond Issue) 45[ 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 Regular Council Meeting October 31, 2000 2:00 p.m. PRESENT Mayor Samuel L. Neat Jr. Council Members: Javier D. Colmenero Henry Garrett Dr. Arnold Gox~7~les Rex A. Kinnison Mark Scott ABSENT Mayor Pro Tem John Longoria Melody Cooper Betty Jean Longoria 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 Rev. Stelios Sitaras, St. Nicholas Greek Orthodox Church, following which the Pledge of Allegiance to the United States flag was led by students from Calk, Coles, and Crossley Elementary Schools. 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 October 24, 2000. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to the board and committee appointments on the day 's agenda, and the following appointments were made: Citizens Advisory Health Board Dan Chapa (Reappointed) Sister City Committee JoAnn Canales Commission on Children and Youth D'yan Lopez Mayor Neat called for petitions from the audience. Mr. Gerald Dunaway, 5061 Cascade Dr., said he has had problems with AT&T Cable tearing Minutes - Regular Council Meeting October 31, 2000 Page 2 up his yard while they were installing large cable equipment them. He said them has been confusion about the easements and he questioned the city's ability to resolve this. Council Member Kinnison asked the City Manager to schedule a presentation about the activities of both AT&T Cable and ClearSome. He said he has received numerous phone calls about both companies. Council Member Colmenero concurred. Mr. Angel Escobar, Director of Engineering Services, showed pictures of the cable pedestals being installed by AT&T, adding that they have scheduled a meeting on November 16th to address the concerns. Responding to Council Member Go,~les, Mr. Garcia said the franchise agreement allowed the cable company to use the rights-of-way to power their system. Dr. Gonzales said this use of the ROW is an abuse of private property. Mr. Garcia said the work the cable companies are performing is within their rights and he said that for the most part they have been responsive to citizens' concerns. He added that staff could schedule a presentation about this issue. City Attorney Bray said there are two elements involved--one is the cable companies' ability through the franchise to install the necessary apparatus for the operation of the system. The other is the overlying federal law requiring cities to allow cable and telecommunications companies to install new technological equipment. Dr. Gonzales and Mr. Colmenero reiterated their concerns about the appearance and location of the equipment. Ms. Delia Perez, 3703 Itaska, and Ms. Veronica Grant, 3701 Itaska, said they were protesting the Housing Authority Board's decision to terminate H.J. Russell and Company's contract. Ms. Grant said she had petitions from fellow Housing Authority residents who share her view, as well as photographs of several units that became severely dilapidated under the Housing Authority's management. Ms. Perez, another resident, said that under Russell's management, crime and vandalism have decreased and several improvements have been made to the housing units. Mr. Garcia said Assistant City Manager Tom Utter, the city's liaison to the Housing Authority, could meet with Ms. Perez and Ms. Grant about their concerns. Mr. Bob Bezdek, 6300 Ocean Dr., said he has a high level of confidence in the City Council. He said that while occasionally he disagrees with the Council's and city staff's positions, he does so cautiously and with respect for the hard work they do. Ms. Gall Hoffman, 3442 Paradise Dr., commended the Council and staff for their work in the preparation of the upcoming bond proposals, which she encouraged citizens to support. Mr. Isaac Valencia, President of the Corpus Christi Police Officers Association, said the union understands the city' s financial condition and did not make a request for an across-the-board wage increase. He said they resolved the issue of the nepotism problem as well as other issues, but there are other non-economic issues that are maresolved. Mr. Trian Serbu, 14310 Playa Del Rey, said when the Council asks citizens to approve bond issues, they are asking for their Irnst. However, he said several times this year the Council has voted against the people's interests and for the interests of single large developers, most notably regarding Minutes - Regular Council Meeting October 31, 2000 Page 3 Packcry Channel and the proposed new arena. He said the solid waste fee has .been raised to supplement the General Fund, which he said is improper taxation. He said the people need to decide those and several other issues. Mr. Kinnison said the city still does not charge citizens the actual cost of picking up their garbage, and he said he did not know of anyone offering to come to Corpus Cbristi to build an arena. Ms. Debbie Lindsey-Opel, 5409 Huien, said she had the pleasure of working for the city for 10 years. She said her perspective changed somewhat with the birth of her son, and she said the upcoming bond election is an oppommity for citizens to move this community forward for everyone, particularly for the future of the children. Mr. Sam Beecroft, 144 Ropes, said he supports all six bond and sales tax issues. He commended city staff for their hard work and responsiveness. Mr. Jimmie Till, 6034 Lost Creek, said this Council has been able to work out their disagreements. And while higher taxes are not welcome, he said the bond proposals are needed. Mr. Foster Edwards, 118 Alta Plaza, thanked the Council for their efforts regarding the restructure of the Convention and Visitors Bureau, repair of the Wesley Scale Dam, construction of the Mary Rhodes Pipeline, increased city cleanliness, proposed development of Packcry Channel, and the bond issue. Mr. Edwards said the more he has studied the bond proposals, the more he is convinced of their necessity. Mr. Jack Gordy, 310 Norton, said the highway beauti~cation ordinance deals with advertising along state-controlled roads that fall under the Highway Beaufification Act. He said according to state and city statutes, advertisements on benches at bus stops along state-controlled roads are illegal and encroach on the fight-of-way. Mr. Tom Schmid, 319 Long Point, said Corpus Christi has had a strong community atmosphere with generations of families having lived here. However, more and more young people are moving away for better economic oppommities. He said the bond proposals can help reverse that trend and he commended the Council and staff. Mr. R.F. Hasker, 1813 Wallace, said several people spoke against Packcry Channel during a scoping meeting held by the U.S. Army Corps of Engineers. He said the Congressional delegates do not represent the interests of local citizens. He said he cannot support Packery Channel. Mr. Abel Alonzo, 1701 Thames, said he is 54 years old and has lived in Corpus Christi all his life. He discussed the importance of people not seeing themselves as victims and becoming responsible, civic-minded citizens. He said he hopes all the bond propositions pass. Mr. Manuel Ugues, Corpus Christi Hispanic Chamber of Commerce, said that approval of the six bond and sales tax proposals will allow this city to offer more economic opportunities for citizens and businesses alike. He said it is important to educate voters about the issues. Minutes - Regular Council Meeting October 31, 2000 Page 4 Mayor Neal referred to the presentation on the day's agenda regarding an update on the authorized FY00-01 police officer positions. City Manager Garcia explained that during the budget process, the Council decided to reduce, through attrition, two captain' s positions. The problem is that there is an active list of people who are in position to be promoted to captain. He suggested that they continue through this year with the existing captain's list, which will expire on April 26, 2001. He said at that point he would make the budget cuts and not test for the captain position. He said while this action does not require Council approval, Mr. Garcia wanted to present it to the Council since they had deliberated about it during the budget discussions. Mayor Neal said that eurren~y there are two vacancies in the captain's positions, and he questioned when other vacancies may occur af~ the list expires next April. Mr. Garcia replied that future vacancies would occur when other police captains retire, which could be over the next year or two. He added that the officers take competitive examinations and they are ranked according to their scores--those who rank the highest are the first to be promoted as vacancies occur. Council Member Scott said his reaction is to oppose the City Manager' s plan. Mr. Garcia said that to fund this proposal, Police Chief Pete Alvarez suggested using unused 911 funds, of which there is currently a balance of about $55,000. He said there will be a savings this year as well as in future years. Mr. Scott said the Council was told them were no more places to make reductions, and Mr. Garcia said those unused funds have accumulated in the months since the budget was approved. Chief Alvafez said that during the budget discussions, staff indicated that they thought vacancies in the captains' positions would occur within a five-year period, and it jnst so happens that two captains retired recently. Mr. Garcia said staff can proceed as originally planned in the budget, but it creams an inequity for the people on the list who are anticipating being promoted to captain, which could result in a lawsuit against the city. Mr. Scott asked if the work load would be shifted to accommodate filling the captains' vacancies. Chief Alvarez said all along staff agreed that there are too many captains, and plans are to accommodate them. In reply to Council Member Colmenero, Mr. Garcia said staff put money aside to settle the 911 suit, which has not yet been settled. He said it appears there will be excess 911 funds for this fiscal year, depending on when the suit is finally resolved. Council Member Kinnison asked about the source offrinds for the next fiscal year since the two captains' positions will have been filled. Mr. Garcia said staff will balance the Police Depath~ent's budget during the budget process next year. He said he felt this proposal was being driven more from an equity perspective on the part of the officers than from a legal one. Mr. Kinnison noted that a recent study of the Police Depatm~ent concluded that there are too many captains' positions. Mr. Valencia, President of the CCPOA, said he agreed that this proposal was fair and equitable in light of the existing list of candidates. In addition, if substations are formed, there will be a need for additional captains. Council Member Gonzales asked about the cost difference for the captains' salaries once the two lieutenants are promoted; Mr. Garcia said it is $41,000 for both. Minutes - Regular Council Meeting October 3 I, 2000 Page 5 Mr. Scott said that due to budget constraints, the Council had to eliminate other positions in the city. He said he thought the Council should continue following the original budget plan concerning the captains' positions, adding that he was opposed to Mr. Gareia's recommendation. Council Member Garrett said he supports the recommendation but he was concemed about the situation of one or two captains retiring in January. Mr. Garcia said he is proposing that staff make the budget reduction after the current list expires. He said the proper way to make a reduction in this level of command staff is to do so when there is no longer an active list. Mayor Neal called for consideration of the consent agenda (Items 3-12). City Secretary Chapa stated that Item 9 was withdrawn. Council members and an audience member requested that Items 4 and 6 be withheld for discussion. Mr. Chapa then polled the Council for their votes: 3. M2000-388 Motion approving a supply agreement with Wilson Supply, Corpus Christi, Texas for approximately 52,800 feet of steel pipe ranging in size from 1" to 8" in accordance with Bid Invitation No. BI-0012-01, based on low bid for an estimated annual expenditure of $166,908. The pipe is used by the Gas Department. The term of the contract will be twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted in FY00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. 5. M2000-390 Motion authorizing the City Manager or his designee to purchase a HP 9000 N4000 Enterprise server including necessary CPU, memory, dual controller, SCSI drives, and related peripheral computer equipment from Texas Depta u~ent of Information Resources in the mount of $240,772.59 based upon the State Cooperative Purchasing Agreement. The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. 7.a. M2000-393 Motion approving the reimbursement application submitted by Mr. Gene Graham, developer of Oak Terrace Estates Unit 2, for the installation of 1500 linear feet of a 12-inch PVC water grid main. Minutes - Regular Council Meeting October 31, 2000 Page 6 The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. 7.b. ORDINANCE NO. 024262 Ordinance appropriating $53,855.85 in the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to pay developer reimbursement request by Gene Graham for the installation of 1500 linear feet of a 12-inch PVC water grid main to develop Oak Terrace Estates Unit 2. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, GonTa|es, Kinrtison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. M2000-394 Motion authorizing the City Manager or his designee m accept a grant in the amount of $100,000 in Weed and Seed Asset Forfeiture funding from the U.S. Department of Justice, Office of Justice Programs, Executive Office for Weed and Seed, for support in Weed and Seed Silos Numbers 1 and 2. The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. 8.b. ORDINANCE NO. 024263 Ordinance appropriating $100,000 of Weed and Seed Asset Forfeiture Funds from the U.S. Department of Justice, Office of Justice Programs for Weed and Seed in the No. 1050 Federal/State Grants Fund, to support the Weed and Seed Sites Numbers I and 2. An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Garrett, Gonzales, Kirmison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. 10.a. Motion authofimg thc City Managcr or his dcsignec to cxecutc a Master Scrviec Agrccnicnt with Southwcstc.. Bell Tclcphonc services. Thc agreement is for a three-year period for $257,845 per year totaling $773,535 in accordance with the Texas Cooperative Purchasing Agrocracnt. The City will continue ,aonth to inonth tclcphonc scrvicc with ICG during the RESOLUTION NO. 024264 Resolution authorizing the City Manager or his designee to execute Amendment No. 2 to the Minutes - Regular Council Meeting October 31, 2000 Page 7 Inte~ocal Cooperation Contract with Texas A&M University-Kingsville hy reducing the mount of funding available for air quality research and planning program by $45,000 ~'om $336,500 to $291,500, and amending the work plan. The foregoing resolution passed by the following vote: Neff, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. 10.b. RESOLUTION NO. 024265 11. 12. Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Contract with the Alamo Area Council of Governments in the amount of $45,000 for creation of joint Texas near non-attainment region CAMx Photochemical Modeling Episode. The foregoing resolution passed by the following vote: Neal, Colmenem, Crarcett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a Use Privilege Agreement with a term of eighteen months and holding over month to month thereafter terminating on the date of final completion of the new terminal facility, with Sky Sites, Inc. to operate an advertising services business at various locations in the Corpus Christi Intemational Airport in consideration of 48% of gross profits or $90,000 for eighteen months, whichever is greater, and 48% of gross profits or $5,000 a month during the holdover period, whichever is greater. The foregoing ordinance passed on first reading by the following vote: Neat, Colmenero, Garrett, GonT~les, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a non-exclusive lease with San Antonio MTA, L.P. a Delaware Limited Partnership, dba Verizon Wireless, by its sole general partner, Primeco Personal Communications, L.P., a Delaware Limited Partnership, for the installation of several low profile antennas at the airport to improve telecommunication signal strength within the airport terminal building, in consideration of payment of $150 a month, commencing on the effective date of final approval by City Council and terminating on the earlier of the date of substantial completion of the new terminal facility located at the Airport or the eighteen month anniversary of the effective date. The foregoing ordinance passed on first reading by the following vote: Neat, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. 7 Minutes - Regular Council Meeting October 31, 2000 Page 8 Mayor Neal opened discussion on Item 4, household hazardous waste quarterly collections. Mr. Joe Kramer, Vice President of Texas Ecologists, said they operate a haTardous waste management company in western Nueces County and they would like to bid on this contract. Responding to Council Members Colmenem and Gonzales, Mr. Mike Ban'era, Procuremerit and General Services Manager, said the contract was established in 1997 and was extended for two years. He said Solid Waste Services scheduled a quarterly household baTardous waste collection on November 18th, and staff realized that the contract for 12 events for the three-year period had expired. Consequen~y, staff is recommending this extension to accommodate the November 18th event and they are working on a request for proposals for a new contract. City Secretary Chapa polled the Council for their votes as follows: 4. M2000-389 Motion approving an extension of the Household HaT~rdous Waste Quarterly Collections Agreement with Safety Kleen, Inc. (formerly Laidlaw Environmental Services), La Porte, Texas for an estimated quarterly expenditure of $40,000. Funds have been budgeted by the Storm Water Department in FY00-01. The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. Mayor Neat opened discussion on Item 6, purchase of video equipment for the Council Chambers. Responding to Council Member Scott, City Secretary Chapa said the new cameras will improve the broadcast quality of the Council meetings. He said the cameras are scheduled to be installed by the next Council meeting on November 14, 2000. He added that the funding came from the franchise agreement with ClearSource. Mr. Chapa then polled the Council for their votes: 6.a. M2000-391 Motion to rescind purchase approved by Motion No. M2000 - 244 with The Intellisys Group to purchase video equipment for the Council Chambers in the amount of $67,995. The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. 6.b. M2000-392 Motion approving the purchase of video equipment for the Council Chambers and 8 Minutes - Regular Council Meeting October 31, 2000 Page 9 installation and integration with the current audio/video system from Visual Innovations, San Antonio, Texas in accordance with the State Cooperative Purchasing Agreement in the amount of $67,995. The foregoing motion passed by the following vote: Neat, Colmenero, Garrett, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. Mayor Neat opened discussion on Item 13, drainage system improvements. Utilizing a computer presentation, Mr. Escobar said the Salt Flats drainage system lacks sufficient hydraulic capacity to accommodate storm flows in the area, and he reviewed photographs of past flooding there. He said the Salt Flats drainage channel serves a large portion of the northside between the Hillcrest and Coles areas and the ship channel. Mr. Escobar said that Phase I (for $1.5 million) consists of drainage improvements between Leopard and Wirmebago and between Winnebago and Whea~ey beyond the D.H. Leathers housing area. He said the project will include the installation of an additional 8x4 concrete box to improve drainage flow; and reinforced concrete pipe, including inlets, appurtenance and a debris filter/safety guard. The work is scheduled to take six months. He said Phase II (for $1.4 million) of the Salt Flats drainage improvements will address the area from WheatIcy Street to the ship channel. He said that project, which will be undertaken when the necessary permits and environmental clearances are secured, will consist of channel modifications to improve the flow efficiency and the possible modification of structures crossing streets and railroads. Responding to Council Member Coimenero, Mr. Escobar said this drainage system extends underground to Mestina and Coke sla-eets, but eventually it will extend all the way up to Port Avenue and Agnes Street. Ms. Valefie Gray, Stormwater Superintendent, said minimal maintenance has been performed on the drainage system in that area. In reply to Council Member Scott, Mr. Escobar further described the streets that will be affected. Council Member GoBTales asked if the city will receive state funds for this project. Mr. Escobar explained that after the state constructed Crosstown Expressway, the city was responsible for maintaining the off-site drainage. Dr. Gonzales commented on drainage problems at Santa Fe near Dolphin. Mr. Escobar said they are part of the minor storm drainage improvements in the current capital improvement plan. Mayor Neal called for comments from the audience. Mr. Jimmie Till said he also questioned whether the state would be participating in this project. He commented on the installation of a wall where the ditch runs down into the ship channel to prevent water from coming up during high tides and storms. City Secretary Chapa polled the Council for their votes as follows: Minutes - Regular Council Meeting October 31, 2000 Page 10 13. M2000-395 Motion authorizing the City Manager or his designee to execute a construction contract with King Isles, Inc. for a total amount not to exceed $1,092,397 for the Salt Flats drainage system improvements and Leopard/Brownlee drainage system improvements. The foregoing motion passed by the following vote: Neat, Colmenero, Gonzales, Kinnison, and Scott voting "Aye"; Cooper, Garrett, B. Longoria, and J. Longoria absent. Mayor Neat opened discussion on Item 14, SEEDTECH program sites. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14.a. RESOLUTION NO. 024266 Resolution authorizing the City Manager or his designee to execute a Technical Assistance Agreement with the National Urban Technology Center, Inc. for the establishment of two SEEDTECH program sites at the Salvation Army and the Corpus Chdsti Housing Authority premises and for the provision of custom curriculum training to site staff to facilitate the implementation of the SEEDTECH program in exchange for the payment of $50,000 from the Weed and Seed Grant Carryover Monies FY99-00. The foregoing resolution passed by the following vote: Neat, Colmenero, Garrett, GovTales, and Kirmison voting "Aye"; Cooper, B. Longoria, J. Longoria, and Scott absent. 14.b. RESOLUTION NO. 024267 Resolution authorizing the City Manager or his designee to execute 3-year lease agreements with the Salvation Army and the Corpus Christi Housing Authority for use of six computer workstations and supporting equipment at each site to implement the SEEDTECH program, in consideration of the Salvation Army and the Corpus Cbxisti Homing Authority's commitment to maintain the SEEDTECH program and to maintain and periodically upgrade the computer equipment for the term of the lease; and providing for transfer of title of the computer equipment at the end of the three year term to the Salvation Army and the Corpus Christi Housing Authority in consideration of the Salvation Army and the Corpus Christi Housing Authority's commitment to maintain the SEEDTECH program for the useful life of the computer equipment. The foregoing resolution passed by the following vote: Neat, Colmenero, Garrett, Gonzales, and Kinnison voting "Aye"; Cooper, B. Longoria, J. Longoria, and Scott absent. l0 Minutes - Regular Council Meeting October 31, 2000 Page 11 Mayor Neal opened discussion on Item 15, assignment of a lease. City Attorney Bray explained that the Lighthouse Restaurant was asking that their two leases with the city for the restaurant and fuel station be transferred to Landry's Crab Shack Inc. He said Landry's intends to close the restaurant located on the Lawrence Street T-Head for five months in order to remodel it as a Joe's Crab Shack. He said they would still pay the minlmnm rent, which is what the Lighthouse is paying to the city. Mayor Neal called for comments from the audience. Mr. Jimrole Till thanked Mr. Bill Harrison and his wife for their dedication to the Lighthouse Restaurant over the years. He said visitors frequently want to go to the Lighthouse. Mr. Matthew Dillick, Director of Reai Estate for Landry's Restaurants, said they will spend about $1.2 million to retrofit that facility to eventually become "Joe's Crab Shack at the Lighthouse." Responding to Council members' questions, Mr. Dillick said they intend to continue operating the Landry's restaurant in the marina and Joe's Crab Shack on SPID. Mr. Bill Harrison, 214 Bayridge, said he and his family are honored to have been part of the Corpus Christi Marina and the city's history. Several Council members thanked Mr. Harrison. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 024268 Ordinance approving assignment of the "First Amended Lease between T-Head Marina, L.C., on the Lawrence SUeet T-Head and the City of Corpus Christi - Restaurant/Patio Bar" (Ordinance No. 022999) and the "First Amended Lease between Marina Fuel and Charter Boat Company, L.C. on the Lawrence Street T-Head and the City of Corpns Christi - Fuel Station" (Ordinance No. 022998) to Landry's Crab Shack, Inc. An emergency was declared and the foregoing ordinance passed by the following vote: Neal, Colmenero, Garrett, Gonzaies, Kinnison, and Scott voting "Aye"; Cooper, B. Longoria, and J. Longoria absent. Mayor Neal announced the executive session pursuant to Texas Government Code Section 551.071 regarding William Hernandez et al v. City of Corpus Christi, No. 96-5496-E, 148m District Court, Nueees County, Texas with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Neai called for the City Manager's report. Mr. Gareia said that items scheduled for the November 14th meeting include presentations on the effluent diversion project; legislative program; Comprehensive Annual Financial Report; and the second reading of the tax increment financing Minutes - Regular Council Meeting October 31, 2000 Page 12 district. Mayor Neal said that meeting should begin at noon. Mr. Garcia also announced the city games, which will culminate in the employee picnic on November 1 lth. Mayor Neal called for Council concerns and reports. Mr. Colmenero requested information regarding advertising on bus benches on state highway property, and he reported a problem with high weeds at the comer of Sixth and Buford. Mr. Garrett requested an update on the development of the RTA pedestrian overpass at N. Alameda and IH-37. Mr. Scott said the Council has come a long way in the development of the bond election to be held November 7th. He commended staff for the large increase in women and minority business participation in city projects, and he asked when the city can submit a request for funding of street projects to the RTA. Dr. Gonzales said there are high weeds along Ocean Drive on both private and public properties, and he said he has received several complaints about flooding in the area of Santa Fe, Doddridge, and Aberdeen. He urged everyone to get out and vote next Tuesday. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 4:13 p.m. on October 31, 2000. 12 MEMORANDUM TO: FROM: SUBJECT: DATE: Mayor Neal and Council Members Armando Chapa, City Secretary Canvass of November 7, 2000 Special Election Results November 10, 2000 The canvassing of results of the Special Election held on November 7, 2000 is scheduled for November 14, 2000. In order to canvass the results, the City Council must compare results provided to the Mayor by the precinct election judges to the tabulation reports provided by Nueces County. The council has the option to review all precincts or randomly select a few. Upon determination that the results are accurate, the Council must approve the ordinance. Since the final results will not be provided to us until Monday, November 13, 2000 after 5:00 p.m., the canvassing ordinance is not included. It will be provided to you on Tuesday. Armando Chapa City Secretary 13 a. ETHICS COMMISSION - Four (4) vacancies, three with three-year terms to 10-01-03 and one with term to 10-01-02. (Appointed by two-thirds of the full Cbuncil) COMPOSITION Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited tirom a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice-chairperson. MEMBERS TERM ORIGINAL APPTD. DATE * Rev. Dr. Raymond Kiser 10-01-00 Garry Bradford, Chairman 10-01-02 Rev. Derrick Reaves 10-01-02 * * Frank Tompkins, II, Vice-Chairman 10-01-02 J. Allen Lowe 10-01-01 * Eduardo Hinojosa 10-01-00 Captain Craig Reynolds 10-01-01 Irma Caballero 10-01-01 * Gloria Perez 10-01-00 11-09-99 4-28-98 10-12-99 4-28-98 2-08-94 8-12-97 6-13-00 7- I 1-00 11-09-99 * Seeking reappoinlment ** Resigned ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Rev. Dr. Raymond Kiser 10 Eduardo Hinojosa 11 Gloria Perez 10 6 (4 ex. abs.) 60% 9 (1 ex. ab.) 82% 6 (1 ex. abs.) 60% OTHER INDIVIDUALS EXPRESSING INTEREST Harold Frederickson Acquisition Executive, Department of Defense. B.S., Liberty University. (2-05-98) I1-14-00, page 1 15 Fred Haley Charles Irwin Batyah Joseph Roy Martinez Raul Torres Director of Service Development, R.T.A.B.S. in Civil Engineering, Lowell (MA) Tech Institute. M.S., Civil Engineering and Master of City Planning, Georgia Institute of Technology. Has written and implemented ethics policies as General Manager of two local public transit agencies. (10- Professor of Management, Texas A&M University - CC. Ed.D., Business Administration. Serves as the Campus Ethics Advisor for Texas A&M - Corpus Christi. Volunteer activities include serving as Civic Club President and former President of Pharaoh Valley Neighborhood Association. (6-23-97) Manager, Adopt-a-Nursing Home Program. B.S. in Education, Long Island University. Member of Mayor's Council on Senior Citizen Affairs (Vice- President) and Directors of Volunteers in Agencies (DOVIA). Former member of Area Agency on Aging. (1-05o00) Letter Carrier, U.S. Postal Service. Member of American Legion, G.I. Forum, Disabled American Veterans, and National Association of Letter Carriers. Has been recognized by the Postal Service for customer service. (11-02-99) CPA, Self-Employed. Member of Texas Society of CPA's and American Management Association. (6- 06-97) 11-14-00, page 2 C. C. BAY AREA MINORITY BUSINESS OPPORTUNITY STEERING COMMITTEE (MBOC) - Two (2) vacancies representing the following categories: 1 - Black Chaxnber with three-year term to 8-31-03, and I - Chamber of Commerce with term to 8-31-01. COMPOSITION The committee shall consist of a minimum of 9 and not more than 15 members and shall be composed of: 3 representatives from federal/state/local government agencies; 1 - representative from the Chamber of Commerce; I - representative from the Black Chamber of Commerce; 1 - representative from the Hispanic Chamber of Commerce and 3 - representatives from the private sector representing major employers with substantial contracting capabilities. A representative from the Minority Business Development Center and a representative of the Small Business Development Administration shall serve as Advisory Members. Members of the committee may be appointed from within or outside the city. The Mayor of the City ofCotpns Chtisti and the Nueces County Judge shall serve as Ex-officio members. MEMBERS TERM ORIGINAL APPTD. DATE Melartie Gonzales (Federal/State/Local) 8-01-03 Adelfmo Palacios (Federal/State/Local) 8-01-01 Lino Vera (Federal/State/Local), V-Chair 8-01-02 Steven Gomez (Private Sector), Chairman 8-01-02 Joe Atkinson (Private Sector) 8-01-01 Gabriel Pivas (Private Sector) 8-01-01 Jesse E. Guerra, Jr. (Hispanic Chamber) 8-01-02 Rev. Leroy Roundtree (Cornre. at Large) 8-01-03 Rudy Ortiz (Chamber of Commerce) 8-01-01 Lamont Taylor (Black Chamber) 8-01-00 Piehard Pulido (Community at Large) 8~0 t-03 Steve Cervantes (Private Sector) 8-01-01 Mayor Ex-officio County Judge Ex-officio Victor Martinez (MBDC) Advisory Ann Fiefova (SBDC) Advisory 2-08-00 10-29-96 10-29-96 10-29-96 6-16-98 8-I1-98 2-08-00 2-08-00 3-10-98 1-14-97 6-13-00 2-08-00 * Has exceeded the number of absences allowed by ordinance NOTE: Lamont Taylor (Black Chamber) has requested that he be considered for reappointment because his absences were due to extenuating circumstances. He was attending a class which conflicted with MBOC meeting times. He has completed the class and has stated that he can and will attend meetings if reappointe~L 11-I4-00, page 3 17 OTHER INDIVIDUALS EXPRESSING INTEREST Willie J. Campbell Oil and Gas Industry. Participates as Corporate Trustee, Youth Director and Sun.day School Teacher for St. John's First Baptist Church. He is very interested in serving the community. (Communi(F at Large) (1-14-00) Rene Canto Director of Program Development, Chamber of Commerce. B.A. in Psychology, Yale University. Member of Yale Alumni Schools Committee. (Chamber of Commerce) (9-26-00) Rev. Mark Stewart Pastor, Rising Star Baptist Church. Member of the Adelante Jantos Advisory Committee. (Community at Large) (1-07-00) Steven Hall, Ph.D. Professor of Accounting, Texas A&M University - Corpus Christi. B.B.A., M.B.A. and Ph.D. in Accounting. Active with the Westside Business Association and the Texas Jazz Festival Society. (FederaFStatefLocaO (1 O- 11-00) 11-14-00, page 4 18 c. MECHANICAL/PLUMBING ADVISORY BOARD - One (1) vacancy representing the category of Home Builder with term to 1-02-02. COMPOSITION 11 persons appointed by the City Council: 3 - persons with at least 5 years active experience as a plumber licensed in the State of Texas, at least 3 years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a professional mechanical engineer licensed in the State of Texas and knowledgeable in the plumbing trade; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years experience in heating, ventilation, air conditioning and refrigeration contracting bus'mess; 1 - person not connected with the building industry; and I - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Five members constitute a quorum, and the concurring vote of nnt less than 5 members of the Board is necessary to constitute an official action of the Board. MEMBERS TERM ORIGINAL APPTD. DATE Ralph Pitzer (Mech. Eng.), Chairman 1-02-02 Palrick Scarpuila (Master Plumber) 1-02-02 Sam Beecroft (Commercial Builder) 1-02-01 Elvin O'Bryan (Master Plumber) 1-02-01 Nicolas Llanes (Master Plumber) 1-02-02 Abelardo Flores (Air Conditioning) 1-02-02 Clarence Neat (Air Conditioning) 1-02-01 Robert Kxtowles (Not corm. bldg. ind.) 1-02-01 Ronald Klepac (Air Conditioning) Vice-Chair 1-02-01 * VACANT (Home Builder) 1-02-02 Herman Johnson (Irrigator) 1-02-01 2-13-96 8-11-98 5-18-99 2-11-97 2-13-96 2-13-96 5-18-99 5-18-99 2-I 1-97 7-08-97 * On March 7, 2000, Council appointed Ncill Amsler but he declined the appointment. INDIVIDUALS EXPRESSING INTEREST Hector Baca President, H. Baca Custom Homes, Inc. Attended Del Mar College. (Qualifies ~ Home Builder) (11~03-00) Scott Corliss Owner, AC & R Services of South Texas. Served in the military for ten years. Member of American Society of Heating and Freezing Engineers. (Qualifies - Air Conditioning) (3-03-00) 11-14-00, page 5 19 Gary Hatfield Varuj Keramian John T. Tucker, Jr. Ronald Wheaton Graduate student at Texas A&:M University - Corpus Christi pursuing teaching certification and Master's degree in Mathematics. B.B.A. in Engineering Business. (Not connected to building industry) (6-02-99) Senior Project Manager for Occidental Chemical Corporation, B.S. in Mechanical Engineering. Member of American Society of Mechanical Engineers. (Not connected to the building industry) (4- 7-99) Self-employed home builder. Active member of Builders Association Corpus Christi Area (BACCA) - Past President 1997. Voted 1999 Builder Member of the Year. (Qualifies - Home Builder) (11-06-00) President, BMW Engineering, Inc. B.S. in Mechanical Engineering, Michigan State University. Licensed by Texas State Board of Professional Engineers. (Qualifies Mechanical Engineer) (4-19-00) 11-14-00, page 6 20 d. WEED AND SEED STEERING COMMITTEE - Two (2) vacancies with two-year terms to 11-01-02 representing the following categories: 1 - Site 1 and 1 - Site 2. COMPOSITION A total of twelve committee members. One representative appointed by each of the following entities: Corpus Christi Police Department, City of Corpus Christi Park and Recreation Department, West Oso ISD, Corpus Christi ISD, Housing Authority, County Attomey's office, Dislriet Attomey's Office and the U.S. Attomey's office; two Community Representatives from both Site 1 (Northside) and Site 2 (Area Boundaries: IH-37, Old Brownsville Rd., Saratoga and Weber), appointed by City Council. The U.S. Attorney representative will serve as Chairperson of the Committee. This committee will expire on August 31, 2004, unless funds for the program end sooner. MEMBERS TERM ORIGINAL APPT. DATE Peggy Beasley (Site 1) 11-01-00 Louella Coleman (Site 1) 11-01-01 Palsy Partner (Site 2) 11-01-00 Lucin Garcia (Site 2) 11-01-01 Capt. Tim Wilson (CCPD) George Hodge, Weed and Seed Director ( P & R Dept.) Robin West (CCISD) Mike Raymond (Housing Authority) Patti Booth / Debra Hohle, Chair CLI.S. Atty.) Laura Garza Jimenez (County Arty.) Matnice Portis (West Oso ISD) Gall Gleimer (District Attomey's Office) 11-09-99 11-09-99 11-09-99 11-09-99 * Seeking reappointment ATTENDANCE RATE OF MEMBERS INTERESTED IN REAPPOINTMENT NAME NO. OF MTGS. THIS TERM NO. % OF ATTENDANCE PRESENT LAST TERM YEAR Peggy Beasley (Site 1) Patsy Parmer (Site 2) 14 13 93% 14 13 93% OTHER INDIVIDUALS EXPRESSING INTEREST Fern Carter Part-time R.N. Staff Nurse, Northwest Regional Hospital. Graduated from the Doughtery School of Nursing. Member of St. Peter Claver Ladies Auxiliary. (Site 1) (8/99) 11-14-00, page 7 21 Sylvester Hardeman John J. Morales Dina Galvan Juan Galvan, Sr. John David Guerra Juan Meave, Jr. Rafael Villela Substitute Teacher, CCISD. B.A. in Sociology, State University of New York. Volunteers as a High School Basketball referee. (Site 1) (8/99) President, Morales & Co., Inc. B.A. in Communications, Texas A&M- Corpus Christi. Member of Toastmasters, Boy Scouts of America, and Soccer Association. (Site 1) (8/99) Customer Service Representative, First Dam Corp. (Site 2) (11/04/99) Self-employed. (Site 2) (11/04/99) Self-employed, Auto Repair. (Site 2) (11/04/99) Maintenance Worker, Prime Property. Has volunteered with Operation Paint Brush and the Mary Grett School for Handicapped Children. (Site 2) (11/04/99) Auto Technician, A+ Tune Up and Repair. (Site 2) (11/04/99) 11-14-00, page 8 22 AGENDA MEMORANDUM TO: Honorable Mayor and City Council FROM: Eduardo Cararia, P. E., Water Superintendent DATE: November 10, 2000 SUBJECT: Nueces Estuary Diversion Projects The State water rights permit for Choke Canyon Reservoir requires the City of Corptts Christi to maintain a certain minimum level of freshwater inflows to the Nueces Estuary. That requirement is now carried out under an Agreed Order issued by the Texas Natural Resources Conservation Commission in 1995. While this "95 Order" is a vast improvement upon previous Agreed Orders, there may still be room to modify the current freshwater inflow operating plan to provide more protection to the Nueces Estuary and the water supply in the Choke Canyon/Lake Corpus Christi reservoir system. Background One of the primary concerns regarding freshwater inflows to the Nueces Estuary is the location in which the freshwater enters the estuary ecosystem. This area is characterized by wetland environments that provide both a highly productive "food basket" for the rest of the estuary and a critical habitat area during the juvenile stages of many fish, shrimp and crabs that later migrate back into area bays. Since the completion of both Wesley Scale Dam and Choke Canyon Dam, flow regimes on the Nueces River have been altered. Much of the freshwater entering the Nueces Estuary results from "return flows," or effluent discharged from wastewater treatment plants in a region from Copano and Amnsas Bays on the north to Baliin Bay on the south. The 95 Agreed Order focuses on providing freshwater inflows to the Nueces Delta area via the Nueces River -- as measured by the amount of water flowing over the saltwater barrier dam at Caiallen. However, during all but the highest flood stages, these flows still do not provide freshwater directly into the Nueces Delta. Almost all of the water going over the Catallen Dam continues down the Nueces River channel and flows into Nueces Bay well below the delta region. Nueees Estuary Diversion Projects Recognizing this problem, both the City and the U.S. Bureau of Reclamation (Bureau) have implemented demonstration projects designed to increase the amount of freshwater going directly into the Nueces Delta. The City is now diverting approximately two million gallons per day (2 MGD) of treated wastewater effluent from the Allison Wastewater Treatment Plant to a wetlands area in the lower Nueces Delta. This demonstration project is being closely monitored to document the enhancements in productivity expected to occur in the wetlands systems in the project area. (See attached report on first year monitoring results.) The Bureau has just completed a five-year project known as the "Rincon Bayou Demonstration Project," which was designed to increase the opportunity for larger, more frequent diversions of 23 fresh water from the Nueces River into the upper Nueces Delta wetlands systems. This project involved re-opening a blocked-off portion of a natural cimulation channel in the Nueces Delta, in an area known as "Rincon Bayou," in order to divert fresh water through the tidal marshes of the upper delta. The final report on this demonstration project concludes that the diversion channel increased flow into the upper delta by 732% during the 50-month demonstration period and, in that relatively short period, helped to restore the average salinity gradient to a more natural state. The Bureau's project was a "demonstration project," and, despite the extremely encouraging results, the channel that had been opened to divert fresh water into Pincon Bayou was closed-off again at the end of the project (as required under the temporary easements granted by the land owners in the project area). The Bureau's Rincon Bayou Demonstration Project Concluding Report (see attached) states that "the demonstration project indicates that fresh water passing through Rincon Bayou provides a more direct benefit to the estuary ecosystem than water by-passing the Nueces Delta and flowing into Nueces Bay." It further emphasizes that an oppommity exists to integrate a permanent diversion project with the freshwater inflow operating plan for the reservoir system. The report also states that: "Given the combined probability of higher diversion rates and increased ecological benefits to living resources during the spring and fall seasons of the year, larger, quarterly (or possibly semi-annual) releases from the reservoir system could be more directly beneficial to the delta ecosystem than smaller, monthly releases." Additionally, the report indicates that "emerging scientific perspectives" support the concept that "large 'pulsed,' or punctuated, freshwater inflow events may deliver more necessary biological resources to fish and other larger consumers in estuary ecosystems." Previous Attempt to Modify Order These findings argue for an opportunity to reconsider the matter of the timing and mounts of freshwater inflows now required under the 95 Agreed Order. In 1997, the City proposed a set of modifications to the 95 Agreed Order that were based on a commitment to divert and deliver sizable volumes of additional wastewater effluents into the Nueces Delta. In exchange, the freshwater inflow operating plan would have no longer required any "pass-through" of reservoir system inflows whenever the amount of water stored in the Choke Canyon/Lake Corpus Christi reservoir system dropped below 50% oftowl system storage capacity. The relief from the inflow requirements would have been provided without any obligation on the part of the City to implement drought management measures. One significant benefit of the amendments proposed in 1997 was that the changes in reservoir system operations would have provided approximately 10,000 acre-feet per year in additional municipal and industrial firm yield from the reservoir system. Strategy While the 1997 proposal was never incorporated into the Agreed Order (due to concerns over liability issues associated with industrial effluent), there appears to be a very real opportunity to structure a new proposal based around the findings of the Pineon Bayou Demonstration Project. The primary goal would be to implement a permanent diversion project. In exchange for implementing and maintaining this permanent project, the City would request an amendment to 24 the 95 Agreed Order similar to what was proposed in 1997 -- i.e., that all freshwater inflow requirements be suspended whenever the reservoir storage fails below 50% of total system capacity, and without any requirement to implement drought contingency provisions. Given that the recent rains in the Nueces River Basin have not resulted in any dramatic increase in the reservoir system storage levels, there still exists a very real possibility that by early Spring of this next year, the City could be facing some difficult decisions regarding the implementation of drought management measures. This kind of decision is now influenced largely by the need to seek the relief provided under the drought contingency provisions in the 95 Agreed Order, which would lower the freshwater inflow targets and provide an opportunity to capture more freshwater inflows into the reservoir system. The proposal ou~ined above, whereby the 95 Agreed Order might be amended to "disconnect" the suspension of estuary inflow requirements from implementation of water use restrictions, would allow the City Council an opportunity to establish drought contingency triggers based solely on water supply considerations such as reservoir system (including Choke Canyon, Lake Corpus Christi, and Lake Texana) storage and stream flow. Summary This is an exciting and important opportunity to redesign our freshwater inflow operating plan to better protect both the ecological function of the Nueces Estuary and the water supply function of our reservoir system. It may provide one of the rare examples of a real "win-win" situation. Eduardo GarCC'~C~a,.E.~''' Water Superintendent CITY OF CORPUS CHRISTI, TEXAS ALLISON WASTEWATER TREATMENT FACILITIES EFFLUENT DIVERSION DEMONSTRATION PROJECT 1999 MONITORING PROGRAM SUMMARY SUBMITrED TO: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION PURSUANT TO: PERMIT 10401-006 July 2000 ALAN PLUMMER ASSOCIATES. INC. 27 CITY OF CORPUS CHRISTI, TEXAS ALLISON WASTEWATER TREATMENT FACILITIES EFFLUENT DIVERSION DEMONSTRATION PROJECT 1999 MONITORING PROGRAM SUMMARY SUBMITtED TO: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION PURSUANT TO: PERMIT 10401-006 July 2000 ALAN PLUMMER ASSOCIATES, INC. 28 CITY OF CORPUS CHRISTI ALLISON WASTEWATER TREATMENT PLANT EFFLUENT DIVERSION DEMONSTRATION PROJECT TNRCC PERMIT 10401-006 1999 MONITORING PROGRAM SUMMARY TABLE OF CONTENTS Page List of Tables ....................................................................................................................................ii List of Figures ..................................................................................................................................iii List of Abbreviations .........................................................................................................................iv PROJECT OVERVIEW .....................................................................................................................3 Initial Studies .................................................................................................................................4 Current Studies .............................................................................................................................5 DATA COLLECTION ........................................................................................................................7 City of Corpus Christi Allison Wastewater Treatment Plant ...........................................................9 Texas A&M University Conrad Blucher Institute for Science and Surveying ................................ 10 Texas A&M University Center for Coastal Studies .......................................................................12 University of Texas Marine Science Institute ...............................................................................13 SUMMARY .....................................................................................................................................14 ATTACHMENTS ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 A'I'FACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 7 Excerpts from TNRCC Permit 10401-0061 Attachment I of TNRCC Permit Application May 5,1995 Excerpts from Nueces Estuary Work Plan City of Corpus Christi Allison Wastewater Treatment Plant Monitoring Data Texas A&M University Conrad Blucher Institute for Surveying and Science Monitoring Data Texas A&M University Center for Coastal Studies Monitoring Data University of Texas Marine Science Institute Monitoring Data i LIST OF TABLES No. Description Page 1 2 3 4 5 6 7 8 Effluent Diversion Demonstration Program Monitoring Program Summary ................. 8 City of Corpus Christi Allison Wastewater Treatment Plant Monitoring Parameters ..............................................................................................10 Texas A&M University Conrad Blucher Institute for Surveying and Science Monitoring Stations ......................................................................................11 Texas A&M University Conrad BIucher institute for Surveying and Science Monitoring Parameters .................................................................................12 Texas A&M University Center for Coastal Studies Monitoring Stations ......................12 Texas A&M University Center for Coastal Studies Monitoring Parameters ................ 13 University of Texas Marine Science Institute Monitoring Stations ..............................13 University of Texas Marine Science Institute Monitoring Parameters ........................15 LIST OF FIGURES No. Description Page 1 Effluent Diversion Demonstration Project Timeline ........................................................2 2 Monitoring Station Location Map ...................................................................................9 LIST OF ABBREVIATIONS ABS C CBI CCS City DO EDDP EPA LAI m mg MGD ml MSI NDMP PAR ST TNRCC TPWD ~M URDP USACE WWTP Absorbance at specified wave length Celsius Texas A&M University Conrad Blucher Institute for Surveying and Science Texas A&M University Center for Coastal Studies City of Corpus Christi dissolved oxygen Effluent Diversion Demonstration Project U.S. Environmental Protection Agency liter leaf area index meter milligram million gallons per day miililiter University of Texas Marine Science Institute Nueces Delta Monitoring Program photosynthetically active radiation station Texas Natural Resource Conservation Commission Texas Parks and Wildlife Department microgram microliter micromoles Upper Rincon Freshwater Diversion Demonstration Project U.S. Army Corps of Engineers wastewater treatment plant CITY OF CORPUS CHRISTI ALLISON WASTEWATER TREATMENT PLANT EFFLUENT DIVERSION DEMONSTRATION PROJECT TNRCC PERMIT 10401-006 '1999 MONITORING PROGRAM SUMMARY This document is a summary of data collected pursuant to the Texas Natural Resource Conservation Commission (TNRCC) permit number 10401-006 for the City of Corpus Christi (City) Allison Wastewater Treatment Plant (Allison WWTP) Effluent Diversion Demonstration Project (EDDP). Excerpts from the permit concerning the monitoring program have been included as Attachment 1. This document provides a project overview describing the project tasks and discusses the collection of data for the 1999 monitoring program. Data were collected consistent with Attachment I of the original permit application, which is Attachment 2 to this document, and Section Ill of the Nueces Estuary Work Plan (work plan), which is included as Attachment 3 to this document. The EDDP study area consists of several areas, which vary in many characteristics. Distinct differences considered in the study of the area were the degree of inundation, period of inundation, and distance from the EDDE For clarity, these areas are defined as the following: bay control delta river bay system estuary system Nueces Bay Rincon Bayou Nueces Delta Nueces River Refers to the Nueces Bay and Nueces River tiaal Consists of the Nueces Bay, Nueces Delta, Nueces River tidal, and South Lake This summary represents the data collected during the second year of monitoring within the EDDP area. A timeline of the EDDP is presented on Figure 1. Diversions of wastewater QA OG -110 Q� Z5 5\0 O� J FIGURE 1 EFFLUENT DIVERSION DEMONSTRATION PROJECT TIMELINE effluent into the delta began on October 1, 1998. The permit required,the collection of three months of baseline data prior to the diversion of the effluent. To ensure an adequate amount of data would be available to evaluate the baseline conditions within the area, the work plan suggested one full year of data be collected prior to beginning the diversions. Baseline data was collected from October 1997 to September 1998. Wastewater diversions began on or about October 1, 1998. Generally, the data submitted in this summary were collected during the first year of wastewater diversions from the Allison WWTP to the estuary, October 1, 1998 to September 31, 1999. In some cases the baseline data has been included. The following abbreviations are used in this document to refer to the organizations responsible for the collection of data: City CBI CCS MSI City of Corpus Christi Allison Wastewater Treatment Plant Texas A&M University Conrad Blucher Institute for Surveying and Science Texas A&M University Center for Coastal Studies University of Texas Marine Science Institute PROJECT OVERVIEW The sparse and often infrequent precipitation of South Texas continues to create the need for more efficient use of freshwater resources for municipal, industrial, agricultural, and environmental purposes. The addition of freshwater to marsh systems in other regions of the United States has had a positive impact on the productivity of some estuarine species (Zedler et a/, 1992). Projects designed to increase the flow'of freshwater into the Nueces Estuary have been undertaken in an effort to avoid hypersaline conditions and enhance the overall prodL~ctivity of the bay system. Natural freshwater introductions to the estuary system of concern are limited to flooding events. These flooding events do not satisfy the predetermined estuary inflow needs. Therefore, the current operating plan for the Choke Canyon/Lake Corpus Christi reservoir system includes requirements to provide fleshwater inflow to help meet the needs of the estuary. Initial Studies In an effort to increase available municipal water supplies while still satisfying the freshwater inflow needs of the estuaries, the City began working closely with several local and state governmental agencies to develop a redefined water resource management plan. The plan identified the following two resources other than releases from Lake Corpus Christi for satisfying the estuary inflow requirements: · Diversion of natural freshwater flow from the river into the marshes of the estuary system during flood conditions, and · Release of wastewater effluents into the delta rather than direcfly into the river. In 1992, the Bureau of Reclamation began studying the diversion of natural freshwater flow during flood events into the upper Nueces delta and estuary resulting in the Upper Rincon Diversion Demonstration Project (URDP). The URDP was co-sponsored by the U.S. Corps of Engineers (USACE) to study the effects of diverting freshwater inflows into the marsh system of the upper delta rather than directly into the water column of the bay system. Baseline monitoring was completed in the area from October 1994 through October 1995. In 1995, a canal was opened from the river channel to the delta for diversion of freshwater flow over 300 cfs during flood conditions. Monitoring data was collected for all flow events through December 1999 as part of the Nueces Delta Monitoring Program (NDMP). There were five flood flow events during this time period. The preliminary results indicate that the project will increase frequency and volume of freshwater flows to the delta, and restore a more typical estuary salinity gradient. The CCS and MSI collected data in the area for the NDMP. Also in 1992, the City began to study the effects of wastewater effluent diversions to the delta to achieve two purposes. First, to satisfy the estuary inflow requirements in place of diversions from the reservoir. And secondly to monitor for differences in the ecosystem following diversion of the effluent. The City's strategy for long-term water supply includes the optimization of the existing freshwater resources in the river. Should positive changes occur in the ecosystem resulting from the diversion of the effluent, the City is monitoring to provide sufficient data to quantify the magnitude of the positive changes. Due to its nutrient composition, wastewater return flows may provide a greater degree of benefit in terms of productivity than releases of stored freshwater. By placing the effluents in the marsh systems of the delta rather than putting them directly into the water column of bay system, it was believed that significant increases in plant biomass and productivity would result similar to the effects of the URDP. The Nueces Estuary Regional Wastewater Planning Study resulted in the construction of a pilot project to divert treated effluent from the Allison WWTP to the marsh of the delta, in the region of South Lake. The EDDP provides two methods of dispersing effluent from the Allison WWTP into the delta. The first method involves pumping the effluent from the Allison WWTP into ponds and allowing the overflow from the ponds to disperse into the delta through natural channels. The second method also pumps the effluent from the treatment plant to the delta; however, the effluent is then applied to the delta by spray irrigation. The spray irrigation method is currently not being used. The EDDP diverts two million gallons per day (MGD) of treated effluent from the Allison WWTP into the delta. The EDDP is a large-scale experimental manipulation of ecosystem quality. The important question to be answered by the monitoring is: "Are there differences in the ecosystem due to the diver~ed wastewater?" In order to adequately analyze changes in the ecosystem, biological and chemical evaluations were completed prior to diversion of the effluent. These evaluations will continue until the diversions have occurred for five years. An evaluation wilt then be done based on the comparison of various parameters measured at the EDDP and those measured at a control location. Pursuant to Sections 4(j) and 6(a)-(b) of the permit (Attachment 1), the effects of the discharge of the EDDP are to be monitored for changes in primary and higher level productivity by measuring changes in biomass and growth rates of plant and animal communities in the EDDP area and nearby wetlands; measuring salinity, inorganic and organic nutrients, dissolved and particulate trace metals, waterborne and bottom plankton, emergent vegetation, bottom invertebrates, and larval/juvenile fish and shellfish; monitoring for usage by water birds and small mammals; and toxicity testing of sediment and water. Current Studies Consistent with the permit and the work plan, intensive, multi-seasonal monitoring and sampling were implemented one year before the initial wastewater diversions. Excerpts from the permit and work plan are included as Attachments 2 and 3, respectively. The current study is a six- year study consisting of the collection of one year of data prior to the diversion of effluents and five years of data collection following the implementation of the EDDP. Further monitoring after the current six-year study will be conducted on an annual basis. The monitoring program is currently in its second year of data collection following implementation of the EDDP. summary represents the first year of monitoring following the initial diversions of effluent. This The current study has two purposes. The first is to determine there is no degradation of the estuary system as required by the permit. The second is to determine, if there is no degradation, whether there is enhancement of the habitat quality of the estuarine ecosystem through the wastewater diversions. Various research institutions and the City are collecting the following data to monitor the impacts to the estuary system: Continuous monitoring of water-column salinity and dissolved oxygen (DO) to detect the physical extent of wastewater mixing. Water column primary production (biomass by chlorophyli), productivity (photosynthesis), total organic loading (particulate and dissolved), and phytoplankton and zooplankton taxonomy to detect population changes in plankton communities. Emergent vegetation measurements, including plant cover/biomass, species composition, and soil chemistry to detect responses of marsh plant communities to lower salinity water and higher loads of nutrients and trace metals. Benthic sampling of invertebrates and other infaunal populations to quantitatively determine the effects of the wastewater discharges. Nekton sampling in the delta for larval/juvenile fish, shellfish, and other invertebrates by trawling or seining to complement sampling being done on a regular basis by the Texas Parks and Wildlife Department (TPWD) Coastal Fisheries in the open waters of Bay to determine the effects of the wastewater discharges. · Observations of mammals, reptiles, and bird populations in the delta habitat areas to determine the effects of the wastewater discharges. Contaminant sampling and analysis to monitor bioaccumutation of key toxic materials (e.g., mercury, zinc, lead, etc.) found in the wastewater discharges and remaining in the sediments, tissue of sessile (stationary) plant and animal populations (e.g.. oysters), and any gradient or bioaccumulation between the discharge outfalls and the open waters of the bay. To provide a basis for comparison of the effects of the diversion on the marsh ecosystem, an unaffected (control) site was monitored. Rincon Bayou was identified as an appropriate control site due to its similarity to the delta and because it will be unaffected by the effluent diversions. The monitoring program consists of five types of sampling sites: river, bay, marsh, diversion, and control. One upstream and one downstream are station are monitored at each site to provide data for distinguishing station differences encouraged by the EDDP versus those related to the station location. Each institution received liberty in deciding the number and location of sites to be monitored. DATA COLLECTION Data collection for the current study was completed by the City of Corpus Christi Allison Wastewater Treatment Plant, Texas A&M Conrad Blucher Institute for Sunzeying and Science, Texas A&M University Center for Coastal Studies, and the University of Texas Marine Science Institute. Descriptions of the data required by the permit, the data collected each requirement and the organization responsible for collections of each set of data are summarized in Table 1. The data collection activities are listed according to their requirement in the permit. In addition to the information provided in Table 1, a map of the monitoring locations utilized by the four agencies is provided as Figure 2. City of Corpus Christi Allison Wastewater Treatment Plant The Allison WWTP operations staff collects data regarding the trace metals and water toxicity as part of their permit requirements provided the results of the trace metals analysis biomonitoring. Table 2 includes a summary of the data collected by the Allison WWTP staff which is also useful analyzing the impacts of the EDDP. The trace metals concentrations in the effluent are measured three times per year. The results and dates of the dissolved and particulate trace metal sampling are included as Attachment 4, Table 4-1. Toxicity testing of the water is completed twice per year in accordance with the TNRCC reporting requirements. This information is included as Attachment 4, Table 4-2. Table 1 Effluent Diversion Demonstration Program Monitoring Requirement Dissolved and particulate trace metals Salinity Larval/juvenile fish and shellfish Bottom invertebrates Usage by waterbirds and small mammals Primary and higher level production Biomass Monitoring Program Summary Data Collected Dissolved and particulate trace metals Salinity, temperature, pH, dissolved oxygen Epifaunal invertebrates and nektonic maoroinfauna Benthic macroinfauna Avian surveys Primary production Above and below ground biomass Responsible Institution City CBI CCS CCS CCS MSI MSI Waterborne and bottom plankton Emergent vegetation Inorganic and organic nutrients Sediment quality Toxicity testing of water Microzooplankton, mesozooplankton Percent cover, leaf area index Water quality including nutrients (include specific data titles?) Channel water and pore water ammonium and dissolved inorganic nitrogen (DIN) Acute and chronic mysidopsis bahia, acute and chronic Menidia beryllina MSI MSI MSI MSI City mg wG'E; P•t5 MI CONT OL I - stauon Monhonng DELTA 51 �\ Locetbn msutuuon CITY 5 t BAY ® CBI R/ ccs MSI a 71 NDMP 4`� 50 1 a I� 70 2 5 7 2 3 4A 4 I 44" FIGURE 2 EFFLUENT DIVERSION DEMONSTRATION PROJECT MONITORING STATION LOCATION MAP Table 2 City of CorpUs Christi Allison Wastewater Treatment Plant Monitoring Parameters Parameter Acute and Chronic Mysidopsis bahia Acute and Chronic Menidia beryllina Aluminum Antimony Arsenic Barium Beryllium Cadmium Chromium Chromium IV Copper Cyanides Lead Mercury Molybdenum Nickel Selenium Silver Thallium Zinc Frequency of Collection Twice Annually Twice Annually Three Times Annually Three Times Annually Three Times Annually Three Times Annually Three Times Annually Three Times Annually Three Times Annually Three Times Annually Three Times Annually Twice Annually Three Times Annually Three Times Annually Three Times Annually Three Ti~es Annually Three Times Annually Three Times Annually Three Times Annually Three Times Annually Texas A&M University Conrad Blucher Institute for Science and Surveying The Conrad Blucher Institute for Surveying and Science at Texas A&M University - Corpus Christi (CBI) has been operating and maintaining salinity monitoring equipment in the bay system for the City since November 1991 as part of the effort to monitor the bay's salinity response to freshwater inflows. In 1991 CBI installed five monitoring stations to collect temperature, pH, salinity, and dissolved oxygen data at major sources of inflow to the bay. The original monitoring program was refined for monitoring of the EDDP by the installation of monitoring stations at the following major sources of freshwater inflow to the bay: mouth of the river (Salt 06), the oil channel leading from the EDDP site (Salt 07), and the Rincon Bayou (Salt 08). The CBI monitoring stations are identified on Figure 2. Table 3 includes the CBI monitoring stations and their dates of operation. Data from the existing stations will be analyzed from 1991 to the present. The data collected at the three new stations will be used to supplement the existing database and identify impacts of the EDDP. Table 3 Texas A&M University Conrad Blucher Institute for Science and Surveying Monitoring Stations Location River Diversion Bay Salt 04 Upstream Salt 05 Salt 01 Downstream Salt 06 Salt 07 Salt 03 Control Salt 08 A summary of sampling parameters and frequency are included in Table 4. Using the dates of calibration, daily averages were calculated for the day before, the day of, and the day after calibration to determine if the stations were operating correctly and the data collecl~ed were valid. The data collected on the day after calibration are presented for each station in. Attachment 5. Table 4 Texas A&M University Conrad Blucher Institute for Science and Surveying Monitoring Parameters Parameter Frequency of Collection Temperature Hourly PH Hourly Salinity Hourly Dissolved Oxygen Hourly Texas A&M University Center for Coastal Studies The Texas A&M University Center for Coastal Studies (CCS) monitoring program completed biological and inspection monitoring to measure the impacts to bottom invertebrates, larval/ juvenile fish and shellfish, and water birds at 11 locations within the delta including three stations previously being monitored for the NDMP. Table 5 includes a list of the stations and sampling frequency of the CCS monitoring program to analyze the impacts of the EDDP on the following: Species density, diversity, and biomass of benthic macrofauna; Species density, diversity, and biomass of epifaunal invertebrates and nectonic macrofauna; Types number, and behavior of avian species; and · 'Temperature, dissolved oxygen, pH, conductivity, and salinity of the water. Table 5 Texas A&M University Center for Coastal Studies Monitoring Stations Location River Diversion Delta Bay Control 2 51 1 5O 712912000 Upstream 4A 54 -- NDMP 2 Downstream 4 52 NDMP 4 NDMP 6 44 Table 6 presents a summary of the CCS monitoring parameters and sampling frequency. Attachment 6 presents a comprehensive summary of the monitoring program and data collected for the EDDP by the CCS. Table 6 Texas A&M University Center for Coastal Studies Monitoring Parameters Parameter Water Quality Benthic Cores Nekton Sled Avian Surveys Frequency of Collection Monthly Monthly Monthly Annually University of Texas Marine Science Institute The University of Texas Marine Science Institute (MSI) monitoring program was designed to quantitatively determine the effects of the EDDP on phytoplankton, zooplankton, and emergent vegetation in the estuary system through comparison to the control site. The MSI collected data for the NDMP at several sampling stations through 1999. Six locations being monitored by the NDMP were beneficial to the EDDP study. In addition to the data collected at the six NDMP stations, the MSI installed three additional stations to monitor the impacts of the EDDP to the estuary. Table 7 presents a list of the 13 monitoring stations sampled by the MSI and their identifying numbers. The MSt stations are included on Figure 2. Table 7 University of Texas Marine Science Institute Monitoring Stations Location River Diversion Delta Control Upstream 4a 54 51 4b 72 2 52 1 4 71 53 50 70 45 13 Data were collected by the MSI for the parameters given in Table 8. The primary production and biomass of phytoplankton in marsh ponds and channels in the delta were measured to determine changes in primary production and which organisms reflect changes in secondary production. Biomass and plant canopy structure of emergent marsh vegetation were measured in relation to soil pore water salinity, nutrients and temperature to assess changes in macrophyte primary production. Attachment 7 presents a summary of the monitoring parameters and the data collected by the MSI for the EDDP. SUMMARY The data submitted in this summary represents a collaborative monitoring effort conducted by the City of Corpus Christi and the representative research institutions. The monitoring program is designed to provide a continuation of the specific research by each insztitution, to avoid duplication of research efforts, and to allow each research institution to build on existing data. In addition to the data collected as part of this study, historical data will be referenced to enhance the final evaluation of the estuary system. The current study is a six-year study. The first year of data provided a baseline characterization for the area. This summary represents the second year of monitoring data. Four additional years of monitoring are required by the current study. An analysis of the effects of the EDDP on the estuary this early in the study is not appropriate. Table 8 University of Texas Marine Science Institute Monitoring Parameters Parameter Latitude/Longitude Water Depth Temperature Salinity Dissolved Oxygen pH Total Suspended Solids Chlorophyll a Inorganic Nutrients (nitrate, nitrite, ammonium, orthophosphate, silicate) Dissolved organic nitrogen Alkalinity Phytoplankton Primary Production Frequency of Collection Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly Monthly ORDINANCE STATUS AGENDA ITEM: 1. Designating a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district to be know as "Reinvestment Zone Number Two, City of Corpus Christi, Texas", establishing a board of directors for such reinvestment zone, and other matters relating thereto. FIRST READING: August 29, 2000 Passed: FINAL READING: 7-0 (abstention - Henry Garrett &Amold Gonzales) November 14, 2000 COMMENTS: 49 CITY COUNCIL AGENDA MEMORANDUM November 10, 2000 AGENDA ITEM: Motion pdor to second reading amending "Ordinance designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as 'Reinvestment Zone Number Two, City of Corpus Christi, Texas', establishing a board of directors for such reinvestment zone, and other matters relating thereto," as approved on first reading August 29, 2000, by reducing the total area from 1930.3 acres to 1930.08 acres, and making language corrections to Section 8 and the third recital: Ordinance designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as 'Reinvestment Zone Number Two, City of Corpus Christi, Texas', establishing a board of directors for such reinvestment zone, and other matters relating thereto, as approved on first reading August 29, 2000, as follows: PREVIOUS COUNCIL ACTION: The City Council held a public hearing and first reading of the Ordinance for the Reinvestment Zone Number Two, City of Corpus Christi on August 29, 2000. In the ensuing months, City staff, along with the Mayor and Council Members, have presented the plan to the Flour Bluff Independent School District which passed a resolution in favor of the project. Staff has met with a number of citizens and has made a number of presentations to local groups on the project. Staff has also answered telephone inquiries. Staff has continued to work closely with the Corps of Engineers (COE) on the project and the COE has notified us that they have received a draft report from their consultants stating that the project is technically feasible. In our discussions with the COE, we understand that the COE should be able to ~nalize their findings on both the technical feasibility and on the environmentally acceptable finding in late November or early December. The COE feels that the project should be designed to COE standards and we agree. Through the efforts of Senator Hutchison and our legislative delegation, $1 million was included in the Federal budget for this fiscal year which can be used to finalize the design based on COE standards and prepare construction plans. We have continued to review all of the documentation that has been presented by City staff, our consultants, and others and we are recommending several minor changes in the ordinance prior to second reading. These are as follows: 50 Amend Section 3 by substituting a new Exhibit "A" and Exhibit "B", which are attached hereto and incorporated herein for the purpose of deleting from said exhibits the land described as Island Fairway Estates, Lot 10, Block 42, Corpus Christi, Texas. This amendment takes one lot out of the Reinvestment Zone as was previously recommended by the City Attomey. This reduced the total area from 1930.3 acres to 1930.08 acres. Amend Section 8 as follows: SECTION 8. The City Council hereby finds that the creation of the Zone, and the expenditure of moneys on deposit in the Tax Increment Fund which are is necessary or convenient to the creation of the Zone or to the implementation of the project plan for the Zone, .-.-.d constitutes a program to promote local economic development and to stimulate business and commercial activity in the City. These are simply grammatical changes. Amend the third recital as follows: VVHEREAS, the City has prepared a preliminary reinvestment zone financing plan, a true and correct copy of which is attached to this Ordinance as Exhibit "C," and incorporated herein; :...d has presented the plan to the governing body of each taxing unit that levies taxes on real property in the proposed zone, has provided notice to each such taxing unit of the creation of the proposed zone, has made and shall make a formal presentation to reprocontativoc the qovernincl bodv of each cuch taxing unit countv and school district, and has taken and shall take all other actions in accordance with Section 311.003 of the Act; and This is being amended to more accurately reflect that a formal presentation has been made to the School District and a formal presentation is scheduled for the County (a presentation has also been made to Del Mar Junior College Board of Directors, the Nueces County Hospital District, and a presentation has been offered to the Fire District). We have also been provided two additional major studies by Economics Research Associates out of Chicago by Gulf Shores Joint Venture through its manager, Paul Schexnailder. The two studies are: (1) Demand Projections & Development for a Resort on North Padre Island and (2) Economic Impact Projections & Estimated Development Costs for a Resort on North Padre Island. These two major reports not only further solidify and provide back-up information for the studies accomplished by the City, but also answer any questions concerning whether demand exists for a major resort on North Padre Island. I have included a copy of these two reports in the City Managers packet to the Council and have placed a copy of each in the City Secretary's Office should anyone in the public wish to review the reports. 51 CONCLUSION AND RECOMMENDATION: City staff has discussed the project with numerous people and has thoroughly reviewed all of our documentation and therefore continue to strongly believe that creation of the Reinvestment Zone is not only proper but will provide a significant economic development boost to the entire City. The structure of the program does not require the full faith and credit of the City of Corpus Christi and any bond payments from project revenues are subordinated to maintenance. Therefore, we again strongly recommend that the City Council move forward with the project. W. Thomas Utter Assistant City Manager 52 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: August 25, 2000 1. Public Hearing on designating an area in the North Padre Island Seawall area as a Tax Increment Financing District. Ordinance designating a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas", establishing a Board of Directors for such Reinvestment Zone, and other matters relating thereto. ISSUE AND REQUIRED COUNCIL ACTION: In order to establish a tax increment financing district, the City Council must hold a public hearing and subsequently, if the decision is made to create the Zone, pass an ordinance making certain declarations and findings. PREVIOUS COUNCIL ACTION: At the Council meeting of March 21, 2000, the City Council authorized the preparation of a preliminary financing plan for a Tax Increment Financing District on Padre Island and authorized the City Manager to declare the City's intent to proceed with the North Padre Island Storm Damage Reduction and Environmental Restoration Project. At the Council meeting of June 27, 2000, the City Council took action to approve the preliminary Reinvestment Zone financing plan, authorized submission of the plan to the other taxing jurisdictions, and scheduled a public hearing on August 29. RECOMMENDATION: Staff has continued to review all of the data previously submitted to the Council and has discussed the project with numerous groups and citizens and we continue to be convinced that the project is not only viable, but would have tremendous positive impact on the local economy. At the same time, because of the proposed structure of any bonding, there would be no basic liability to the City or the other taxing jurisdictions for the bonds. We feel 53 comfortable that the maintenance and a maintenance reserve could be developed which would resolve any long term maintenance concerns. Initial maintenance reserves were set in the original plan; however, the COE will determine the actual amount of maintenance reserve required. 'We therefore recommend that the Council move forward with approval of the first reading of the ordinance creating the tax increment financing zone, W. Thomas Utter Assistant City Manager 54 BACKGROUND INFORMATION For many years, beach erosion in front of the seawall and the opening of the channel to the gulf for the North Padre Island area has been discussed locally. In 1999, included in Section 356 of the Water Resources Development Act of the U. S. Congress was the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The project involves the placement of sand in front of the Padre Island Seawall to restore the beach and protect the seawall. The sand is to be taken from the dredging and channelization of a reopened Packery Channel. This project is preliminarily estimated to be in the amount of $30 million, with $19.5 million being provided by the Federal government and $10.5 being the local match. The 1999 Water Resources Development Act also required the U. S. Army Corps of Engineers (COE) to undertake findings: (1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A small amount of funding was included in the 1999 Act, and in the appropriations process this year, up to a $1 million is being discussed for the project for completion of the studies. The COE requested that a local entity step forward as the local sponsor. The City Council accepted that responsibility on March 2, 2000. Also on March 2, the City Council authorized the preparation of a preliminary financial plan for a possible tax increment financing district on North Padre Island. The City engaged the services of Economic Research Associates (ERA) to provide the City with estimates of tax increment funds generated by forecasted development in the proposed Tax Increment District. The proposed Distdct contains 1930.3 acres. The area is principally undeveloped with development centering on hotel, motel, condominium and business uses. The preliminary project costs are based on the original Naismith/Shiner-Moseley cost figures. In addition, one other project is being preliminarily recommended at this time and that is the construction of a beach/visitor parking facility on the seawall on property owned by the City in the amount of $750,000. The preliminary financing plan provides two estimations of tax increment financing revenues. The conservative development estimate states that the cumulative tax revenues between 2001-2020 is estimated to be about $90 million, while the opportunistic development tax revenue estimates during the same time pedod is $139 million. 55 See Exhibit 1 which is the Preliminary Financing Plan and contains a map of the area, a timetable, and the ERA financial analysis. Should the tax incremental financing process be completed and the District and City determine that we should move forward based on the ERA estimates and the proposed COE preliminary sharing costs, ($19.5 million Federal, $10.5 million local), almost three times the amount of revenues needed for financing the local share would be generated under the conservative revenue estimates. The outline of the basic bond plan would be for tax increment financing revenue bonds to be paid only by the tax increment, and planned to be sold to island interests. As a preliminary plan, we plan to have the bond payments subordinate to maintenance and maintenance reserve funding. Therefore, since the estimates of tax increment revenues generated by the project are considerably in excess of estimates of both debt service and maintenance and maintenance reserve funding, this project appears to be a classic tax increment financing project. It fully meets the "if but not for' test. If but not for the project improvements, the private investment would not be made and the tax increments would not be available to fully amortize the proposed public improvements. At the June 27 Council meeting, the City Council approved the preliminary financing plan and authorized the City Manager to schedule and conduct presentations and the required hearing. Since that Council meeting, the Mayor, several Council Members, and/or City staff have made presentations to either the boards or staff of: (1) Nueces County, (2) Port of Corpus Christi, (3) Del Mar College, and (4) Nueces County Hospital District. Staff has discussed the issue with representatives of the two entities which are not being asked to participate, which are the Flour Bluff Independent School District (FBISD) and the Flour Bluff Volunteer Fire Department. The FBISD has scheduled a presentation by the City at their meeting on August 31 and representatives of the Volunteer Fire Department will be in attendance at the City Council meeting of August 29 to hear the presentation. We have continued to answer questions and review comments on the proposal from a wide variety of groups and individuals and have maintained a close liaison with the COE. The most current COE timetable as of today (August 25) is as follows: 1. Completion of the technically sound report by the end of November 2000. 56 2. The environmentally acceptable report is scheduled by summer 2001, with the full environmental process scheduled to be completed by October 2001. Assuming that the COE findings are positive, the COE estimates that by January 2002 they will be ready to execute a project agreement with the City of Corpus Christi and that bidding of the project and subsequent construction of the project would follow. The COE has announced that they will hold a public scoping meeting for the project on September 7 in Corpus Christi (see Exhibit 2). As a result of a number of questions concerning other financial impacts of the proposed project, we have had ERA complete an additional report which projects the overall economic impact of the project in terms of jobs, construction, and hotel motel tax, among others. We have attached that report as Exhibit 3. A synopsis of the ordinance creating the Zone before the Council is as follows: describes boundaries of the Zone, creates the Board of Directors for the Zone (but does not appoint them at this time), has the Zone take effect January 2001, provides a termination date of 2022, which allows several years for possible additional funding of the maintenance reserve or such earlier time as the bonds are paid and the maintenance reserve is fully funded, establishes the name of the Zone as Reinvestment Zone Number 2, City of Corpus Christi, Texas, and establishes the increment base of the Zone, and contains the necessary findings (see Exhibit 4). If the Council moves forward with both the first and second readings, the Zone Board of Directors would begin holding meetings to develop the final project and financing plans. The Board of Directors would also develop the tax increment agreements. The project plan would then be submitted to the City Council for approval on two readings and after than approval, the project plan, the financing plan and the tax increment agreements would be submitted to all the taxing jurisdictions and to the City Council. Upon approval of the tax increment agreements, the Zone could then actually begin on January 1, 2001. For the public hearing, we would suggest that a brief presentation be made in the very beginning by City staff, a short presentation by representatives of ERA on the financial studies, a presentation by Mr. Jeff Leuschel of McCall Parkhurst & Horton on his legal review of the project, a brief presentation on the engineering of the project by representatives of Naismith Engineering and Shiner Moseley Engineering, and then general comments from the public. 57 Exhibit PRELIMINARY FINANCING PLAN PADRE ISLAND REINVESTMENT ZONE North Padre Island Storm Damage Reduction and Environmental Restoration Project 58 On March 21, 2000, the Corpus Christi City Council authorized the preparation of a preliminary financing plan for a tax increment financing district covedng a portion of North Padre Island. This tax increment financing Would be used to provide the local share of the North Padre Island Storm Damage Reduction and Environmental Restoration Project. The North Padre Island Storm Damage Reduction and Environmental Restoration Project has been discussed and studied over a number of years. The project involves the placement of sand in front of the Padre Island Seawall to restore the beach and protect the seawall. The sand is to be taken from the dredging and channelization of a reopened Packery Channel (see Exhibit I for a map and one page project narrative). The project also consists of long jetties, walks, mitigation, public facilities, and reserve for long-term maintenance. The estimated cost of the project is approximately $30 million. The preliminary capital cost estimates are: Dredging/Sand Placement $ 4,500,000 Jetties 12,000,000 Jetty Walks 200,000 Shoreline Protection 3,000,000 Mitigation, Public & Environmental Facilities 4,000,000 Design, Engineering, Permitting 2,300,000 Reserve for Long-Term Maintenance 4,000,000 Total $30,000,000 The project was included in Sec. 556 of the Water Resources Development Act of 1999. The Act also required the U. S. Army Corps of Engineers (COE) to undertake two studies: (:1) to determine if the project is environmentally acceptable and (2) to determine if the project is technically sound. A relatively small amount of money has been made available by the Federal government for the studies. The local share of the project, which would be approximately $10.5 million, could potentially come from tax increment financing. This type of financing was authorized by a State Constitutional Amendment. The basic theory of tax 59 increment financing is that "the construction of certain public improvements will generate higher tax revenues due to additional private development." The concept is the "but for the construction of the public improvements, the higher tax receipts would not occur." In this particular case, we believe that completion of the project will result in significantly increased taxes through both new pdvate investment and increases in the existing tax values. Under State law, only cities can undertake tax increment financing, however, other taxing jurisdictions such as the county can join with the city. The only revenues that can go into a tax increment financing district are the additional taxes resulting from new construction increases in tax value subsequent to creation of the tax increment zone. In addition to the COE project, one other project is being recommended which involves the construction of a large parking facility adjacent to the seawall in the estimated amount of $750,000 on City-owned property in the estimated amount of $750,000. The local share of the COE project based on the preliminary estimates is $10.5 million and that together with the parking facility would bring the total amount to be financed to $11,250,000. The firm of Economics Research Associates (ERA) was engaged by the City to prepare a forecast of potential TIF revenue which could be generated within the proposed Zone. ERA has undertaken a number of studies both public and proprietary of the Corpus Chdsti area over the last few years. Drawing from their previous research and existing tax roll records, ERA has determined that under a conservative development scenario, $90,349,070 would be generated as tax increments between 2001 and 2020. An opportunity development scenario indicates during the same time period $139,825,786 would be generated. Based on just the conservative development alternative by the Year 2004, the Zone would be generating revenue considerably in excess of required financing. Even though a proposed bond issue would be required to be slightly rear-end loaded to ease the debt services over the first three years, the amount of revenue estimated to be generated would be approximately three times needed for financing the preliminary costs as outlined above. This substantial revenue will allow for any variances in the final COE numbers and should allow a very substantial maintenance fund accumulation. While the preliminary financing has been based on a 20-year period, it may also be possible to complete the repayment of the financing in considerably less than 20 years based upon the revenue projections. Once the bonds are paid in full and the maintenance fund secured, the tax increment collection would cease. 60 This preliminary financing plan also is based on developers within the Zone purchasing the bonds with the possibility of some or all of the maintenance funds being generated out of cash flow. Additionally, we would seek to protect the project by having any bonds subordinated to any and all payments for maintenance of the project during the life of the bonds. Any bonds issued would specifically be backed by only the revenues of the project and would not be an obligation against the City or any other taxing district. It is to be assumed that this preliminary financing plan may or will be amended by the proposed Board of Directors and subsequently by the City Council as the exact cost of the projects is determined by the COE and the determination is made as to the appropriate level of maintenance reserve funding. Attached and made a part of this is a preliminary tax increment financing schedule, a metes and bounds description, and the final draft of the ERA report. 61 TAX INCREMENT FINANCING TIMETABLE June 27 Aug. 22 Aug. 29 Aug. 29 TBD TBD TBD Jan. 1, 01 Jan. 31, 02 TBD Prepare preliminary Financing Plan for Tax Increment District. Council approves Preliminary Financing Plan and Notifies other governmental entities of intention to create tax increment zone (copy of plan enclosed). Within 15 days, each taxing unit designates a representative to meet with the City to discuss the project plan. Meetings of representatives may be called by the City from time to time to discues the plan. Make presentations to County Commissionere and other governmental units (optional) concerning proposed plan (a single presentation for all units may be scheduled by agreement). Publish Notice of Hearing to Create Tax Increment Zone (7-day advance) Conduct Public Hearing on Creation of Tax Increment Zone. Adoption of Ordinance Creating zone (two readings) · Describes boundaries of Zone · Creates board of directors for Zone · Takes effect January 1, 2001 · Provides a termination date for Zone · Name is "Reinvestment Zone Number Two, City of Corpus Christi" · Establishes tax increment fund for Zone · Contains findings required by Section 311.004 and 311.005 Meeting of Zone Board of Directors to: · Approve project plan and financing plan · Approve Agreements concerning Collection of Tax Increments Approval of Project Plan by City by Ordinance (two readings) Approval of Agreements by Taxing Units Determination of First Year's Tax Increment Deposit of Taxes into Tax Increment Fund Issuance of Bonds for Zone Projects 62 METES & BOUND DESCRIPTION FOR PROPOSED TAX INCREMENT FINANCE DISTRICT A proposed TaX Increment Finance DiStriCt in the city limits of the City of Corpus Christi, located in Nueces County, Texas consisting of 1,930.08 acres, more or less, and more particularly described as follows; Beginning at a point, the intersection of the centerline of South Padre Island Drive (Park Road 22) and the present Nueces-Kleberg County line, for the southeasternmost corner of the tract herein described; Thence northwesterly along the present Nueces-Kleberg County line, to its intersection with the centerline of Palmira Avenue, shown on plat of Padre Island No. 1 in Volume 13, Pages I through 8, Nueces County, Texas, Map Records, for the southwesternmost corner of this tract; Thence northerly along the centerline of Palmira Avenue, to its intersection with the centerline of Avanti Avenue, shown on plat of Padre Island - Corpus Christi, Section 4, in Volume 33, Pages 44 through 47, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence westerlV along the centerline of Avanti Avenue to its intersection with the southerly extension of the centerline of a 20 foot alley located east of and adjacent to BlOCk 215 of said Padre Island - Corpus Christi, Section 4, for an outside corner of this tract; Thence northerly with the centerline of Said 20-foot alley and its northerly extension, to a point on the centerline of Cruiser Street, for an outside corner of this tract; Thence easterIV along the centerline of Cruiser Street, to its intersection with the southerly extension of the east line of LOt 15, BlOCk 192, Padre Island - Corpus Christi, Section 4, for an inside corner of this tract; Thence northerly with the east line of said Lot 15, Block 192, Padre Island - Corpus ChriSti, Section 4 and its northerly extension, to a point 40 feet north of the northeast corner of Said Lot 15, for an inside corner of this tract; Thence westerly and Southerly along a line that is 40 feet northwest of and parallel to the northwest line of Block 192, Padre Island - Corpus Christi, Section 4, to a point on the north right-of-way line of existing Whitecap Boulevard, for an outside corner of this tract; Thence westerly along the north right-of-way line of existing White Cap Boulevard, to the southwest corner of Block 27A, Padre Island - Corpus Christi, Island Fairway Estates, shown on Plat of Record in Volume 46, Pages 208 through 210, Nueces County, Texas, Map ReCOrds, for an outside corner of this tract; 63 Metes & Bound Description Page 2 of 5 Thence northerly along the west line of said Block 27A, Padre ISland - Corpus Christi, ISland FainNay Estates, its curves and its angles, to a point on the south right-of- way line of existing Commodore's Drive, for an outside corner of this tract; Thence easterly along the south right-of-way line of existing Commodore's Drive, to its intersection with the southerly extension of the centerline of a lobfoot wide canal, loCated west of and adjacent to Blocks 508 through 511, Padre Islana - Corpus Chdsti, Mariner~s cay, shown on Plat of Record in Volume 34, Pages 54 and 55, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence northerly with the centerline of said 10~foOt wide canal and its northerly extension, to its intersection with the centerline of another 100-foot wide canal, located north of and adjacent to LOt 4, BlOCk 502, Padre Island - Corpus Christi, Mariner's Cay, ShOwn on Plat of Record in Volume 39, Pages 164 and 165, Nueces County, Texas, Map Records, for an outside corner of this tract; Thence easterly with the centerline of said 100-foot wide canal, which is loCated north of and adjacent to Lot 4, Block 502, Padre Island - Corpus Christi, Marine~s Cay, to its intersection with the southerly extension of the east line of LOt 1, BloCk 85, Padre Island - Corpus Christi, Mariner's Cay, shown on Plat of Record in Volume 34, Pages 54 and 55, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence northerly with said east line of LOt 1, BlOCk 85, Padre Island - Corpus ChriSti, Mariner's Cay, and its northerly extension, to a point on the centerline of existing JacKfish Avenue, for an inside corner of this tract; Thence westerly along the centerline of said JackfiSh Avenue, to a point on the centerline of existing Ambrosia Street, shown on plat of Padre Island - Corpus Christi, Section 3, in Volume 33, Pages 83 and 84, Nueces County, Texas, Map Records, for an outside corner of this tract; Thence northwesterly along the centerline of existing Ambrosia Street, to its intersection with the centerline of existing Aquarius Street, for an outside corner of this tract; Thence northerly along the centerline of said existing Aquarius Street, to its intersection with the southeasterly extension of the southwest line common to LOts 46 through 52, BlOCk 72, Padre ISland - COrpUS Christi, Section 2, shown on Plat of Record in Volume 41, Page 187, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence northwesterly with said southwest line common to Lots 46 through 52, Block 72, Padre Island - Corpus Christi, Section 2, tO the west corner of said Lot 52, for an outside corner of this tract; Thence northeasterly with the northwest line of said Lot 52, BlOCk 72, Padre Island - Corpus Christi, Section 2, to a point on the southwest right-of-way of existing South Padre Island Drive (Park ROad 22) for the north corner of Said Lot 52 and a corner of this Thence northeasterly crossing said existing South Padre Island Drive (Park Road 22), to a point, for the west corner of Block 1, Padre Island - Corpus Christi, Section 18, shown 64 Metes & Bound Description Page 3 of 5 on Plat of Record in Volume 38, Pages 69 and 70, Nueces County, Texas, Map Records, and a corner of this tract; Thence northeasterly and southeasterly along the boundary line of said BlOCk 1, Padre Island - Corpus Christi, Section 18, to a point on the southeast line common to State Tracts 58 and 61, for an inside co~'ner of this tract; Thence northeasterly along said southeast line common to State Tracts 58 and 61, to its intersection with a line that is 500 feet northeast of and parallel to the southwesterly shoreline of existing Packery Channel, for the northernmost corner of this tract; Thence southeasterly, along said line which is 500 feet northeast of and parallel to the southwesterly shoreline of existing Packery Channel, to its intersection with the northwesterly extension of the southwest line of a 28(~acre tract, more or less, now or formerly owned by Nueces County, Texas, described in Document No. 888926, Nueces County, Texas, Deed Records, for an inside corner of this tract; Thence southeasterly with the SOUthwest line of Said 28(~acre tract and its extensions, crossing State Highway 361 and continuing southeasterly to a point on the vegetation line near the shoreline of the GUlf Of MeXiCO, for the east corner of this tract; Thence southwesterly, along said vegetation line, to a point on the southwest line of a 137.73-acre tract, more or less, now or formerly owned by Eric C. Lower, described in Document NO. 956588, Nueces County, Texas, Deed Records, for an inside corner of this tract; Thence southeasterly, with the southwest line of said 137.73-acre tract, to a point on the shoreline of the Gulf Of Mexico, for an outside corner of this tract; Thence southwesterly, along the meanders of the shoreline of the Gulf of Mexico, to its intersection with the easterly extension of the north right-of-way line of Beach ACCESS ROad No. 4, for an outside corner of this tract; Thence easterly, with the north right-of-way line of Beach ACCESS Road NO. 4 and its extensions, to a point on the centerline of South Padre Island Drive (Park Road 22), for an inside corner of this tract; Thence southerly along the centerline of said South Padre Island Drive (Park Road 22), to its intersection with the present Nueces-Kleberg County line, for the point of beginning. Save and except 18.00 acres, more or less, described as Padre Island - Corpus Christi, Cane Harbor Bay Subdivision, Shown on Plat of Record in Volume 49, Pages 5 and 6, Nueces County, Texas, Map Records; 65 Metes & Bound Description Page 4 of 5 Save and except 91.02 acres, more or less, consisting of Nueces County Park No. 2 (Packery Channel Park), a portion of Padre Island No. 1 Subdivision, all of Padre Island NO. 2 Subdivision, and a portion of the NiColas and Juan Jose Balli Survey, Abstract NO. 1998, located west of and adjacent to Playa Del Rey, and more particularly described as follows; Beginning at a point of the southwesterly shoreline of existing Packery Channel, a point of intersection with the easterly extension of the south line of Lot 16, Block 34, Padre Island NO. 1, ShOWn on Plat of Record in Volume 13, Pages I through 8, Nueces County, Texas, Map Records, for the easternmost corner of this tract; Thence westerly With the south line of said Lot 16, Block 34, Padre ISland NO. I and its extensions, to a point on a line that is 120 feet west of and parallel to the west right-of- way line of existing Playa Del Rey, for a southwesterly outside corner of this tract; Thence northwesterly along said line which is 120 feet west of and parallel to the west right-of-way line of existing Playa Del Rey and its northerly extension, to a point on the centerline of existing Verdemar Drive, shown on plat of Padre Island No. 2, in Volume 13, Page 28, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence northwesterly along the centerline of said existing Verdemar Drive, to its intersection with the centerline of existing Sand Dollar Avenue (formerly Tortugas Avenue), for an outside corner of this tract; Thence northeasterly along the centerline of said existing Sand Dollar Avenue (formerly Tortugas Avenue), to its intersection with the southeast line of Nueces County Park NO. 2 (Packery Channel Park), for an inside corner of this tract; Thence southwesterly along the southeast line of Nueces County Park No. 2 (Packery Channel Park), to a point on the northeast right-of-way line of existing SOuth Padre Island Drive (Park Road 22), for an outside corner of this tract; Thence northwesterly along the northeast right-of-way line of said South Padre Island Drive (Park ROad 22), to its intersection with southeast line of Block 4, Padre Island - Corpus Christi, Section 18, shown no Plat of Record in Volume 105, Page 57, Nueces County, Texas, Map ReCOrdS, for the south corner of said BlOCk 4 and an outside corner of this tract; Thence northeasterly along said southeast line of BlOCk 4, Padre Island - Corpus Christi, Section 18, to its east corner thereof, for an inside corner of this tract; Thence northwesterly along the northeast line of said Block 4, Padre Island - Corpus Christi, Section 18, to its north corner thereof, for a point on a line common to Block 2, Padre Island - Corpus Christi, Section 18, shown on Plat of Record in Volume 38, Pages 69 and 70, Nueces County, Texas, Map ReCOrdS, and Nueces county Park NO. 2 (PackerY Channel Park), and the west corner of this tract; Thence northeasterly with said line common to Block 2, Padre Island - Corpus Christi, Section 18 and Nueces County Park No. 2 (Packery Channel Park), to a point on the southwesterly shoreline of existing Packery Channel, for the north corner of this tract; 66 Metes & Bound Description Page 5 Of 5 Thence southeasterly along the meanders of said southwesterly shoreline of existing PackerV Channel, to i~s intersection with the easterly extension of the south line of LOt 16, Block 34, Padre Island No. 1, for the point of beginning. Save and except 0.217 acres, more or less, described as Lot 10, Block 42, Island Fairway Estates and shown on plat of record in Volume 42, pages 16 and 17, Nueces County, Texas, Map Records. (H:WORD\SHARED\METES~TAXINCR.DST) 67 FInal Draft Forecast of PotenTia| TIF Revenue Fluws Generated by Future Development of North Padre Island Submitted to: The Ci~, of Corpus C:hristi June 2000 ERA Project Number, 13638 68 JLQq-2L-2088 F;:03 .3~Z 42Y ~ Introduction In sddkion, thk fomcas~makn useofdamlmmvidsdbyflmCityafCorpm, Crm4~-"d~ Nueces County Aplmdsal Diszict cov~-g propre7 toxin, s,. assessed val~ss, sna actual n.~ess~ to ~mera~ n r~.Emnble esti~n~ ofpt~ti~! tnx in=nnemr:,/~-e limiting Covdi~ans R~-~_-'~lon of~i ~ study don not c=ry with it the right of publicatio~ lfie~of or m use tl~ nnme of'Economics hcamh Associates" in any ~-'~-,r. No nb.sW, u:~g, exoerF~; or nunmnx~Mionoflhissmdymaybema~. TMsstudymayno~beus=iforpurVos~eth-- thnn ~ f~r which k is prq~u~h Era:qni=s to ~ r~rictions my qualified in ffs exu~r~y by, nmt should be considered in cxs~tioas and cauidm=ion~ TIF Analysts for South Padre Island - FINAL DRAFT Page I 69 App~s~ 1. Fot-~* g~wth in th~ taxable valu~ of cm'~z~y exi~nE b~dl~nE~ amt 'v~ I~mtT in d~ dh't~ct over a 20-year l~ffiod 2. F_o~y?~__~ grov,'~ in th~ taxabl~ valu~ of a new dcw, lopmant l=or,,~-, to J~ o,r*~{,,,~l in ,h(*:eportevera20-yearpedocL El~a~ cnn~d~'t, dnvo{dt.~mn/v~{;owth~ Pt~Eminaty/~,assad and Tmbb Value~, ~ of Cor'~us CT'~ia~, Into C.~seJary 'L~nd - Home Site Land - Non-Home S~te [mproveme~s - H~m 5j ~ Ta Val~ VMue $5,491,354 SZ~,947,556 $42,2J3o,~0 $17,224,297 $a,4..~,194 {25,27o,603 LeolanE fm'ther at the ,,hove cxblc, ~ d~rni.~l that hum ~ ~ ~ h ~ b~-n.e b~e dm ld ~ ~ ~y TIF Analysis for South Padre Island - FINAL DRAFT Page 7 7O ERA was also l~-ovid~d with nsr~enI lax ,~,~- in:6~msfion ~ ~ ~gj~i~ m ~ ~ ~ ~e ~o~ng j~m ~ not ~ m ~e m ~ 1999 Reported Ta~ Rates for paterajal Paredparing Jurisdictions Units Providing Inuremeet 5100 of Value City of Ccr4Ns Ch risti 0.623726 Nuk'es County 0,J446Zi Co-FarnJ m Market 0.00256J C4Mny Hos~at 02281)J PottofCorpus(~ris~ 0.¢JZ4797 0d Mar Jr. Cottage 02204~6 To~ll t~ G~WS1OO 1444~02 Regarding ~h~ above ~x r~t~, local ofi~c~i~ ind~cal~ that ~ ~d ~t ~ m ~ TIF Analysis far South Padre Island - FINAL DRAFT Page 71 Year 20Da TIF Dlsu-~c'c Land Use F,.sfimaes, in Acres Land U~ Cau~jmy Acreage % of Total Vacant 1227.2 ~3,57% Water Area 230.74 11 .~5% ~ 202_81 10.51% Right-of-way 168,7 8.74~, Medium ~ Residential INImlirJ Senm-Puffik 11.71 0.~% ~h ~ ~al O~ ~ 031% ~: ~ ~ ~ C~U Growth in Annual Property Taxes Paid lay the Proposed TTF DL~;~ TIF Analysis for South Padre Island - FINAL DRAFT Pmge 4 73 ERA ,nc~amxLs that one driver of Lnifial gn3wth in tn~pgrty values fi. om 1995 to 1997 wi the r~,ersal ofa ~t~r,~ ms/dated rolling beach ea.sem~ pro~,u.u. Bc~j.~-;ng in 199S, theCityofCorpusCl=ist/waaablelD~xthcbeachmslmcmltbebaseafthescawalL which allowed values to grow. As v~ed above, indevdoping anestima~fffmx incrcm~g~bythDplzmed dis~et, ju~t rel~r~ the rat: of ncsr-~;,~ aplxecia~n of ~ ;..5 i.~y,u-/eme~s IIDd ~ ~ i~; ~ 'l"b~ Dbl3y~ ~ ~ ilqdiP.tp~ ~ ~ 1997 hay= ~ ~y, F~n;,~ from I9~-~ betw~;a 1997 If%between 1998 anct 1999. Talam hy itsaL~ thi-,z tz~n~t would dz~elopak~nt of~ P~ry Ch~'ms| has th~ poresial to Fa~axe inthc ~~. M~, ~ ~d~"~Pt'~~ 'e May2O00-CerpsofF. ngin~rz~ndandpermi~ptoeessbeillgs · Janua~ 2001 - Begin d--~_gn and .-v! ...... · OcIober 2001 - Carps of Engitz~ makes isstzs fi-,, ! appwv~ and * Ianuax7 2002 - C~ ~,~"" , Iamuwy 2004 - Project c~...pietion Ibtlm~ed Grawdl l~ls'ass fat Taxable Value af I:-4¢eing I,,,M,u,..,~.nU and Vacant Land Year Gmwtheate 200~ 2003 10% 1004 151k 1005 10'14 1006-7.019 sm~_Ely through 2005, af2r which I~mwth is forr. ast to alow to a lone-term Erowth rat= of 3% per year. TIF Analysis for South Padre Island - FINAL DRAFT Page 5 ' 74 That cm land .~,a pmpettT valu=s have room to grow ~ ~ ~ tb~ ~o pwj~ ~ ~ ~ ~ ~ H~ ~ i~ 168 mvm~, is ~c ~r i~ low ~ ~ Slatus of ;~;q~g SIgnaft, ant Residential Deval ~ bt t~e Propined North Padre 11F District Ariaseel Value 14ad Beakling Units/Acre Ilesidehthd Ps,'elect Units ~ Lee lulldang tfacsre $Alalt mlConsmnteCondo= 69 3.05 S55j.192 S4.,198,8~9 Slwi,374 $60,854 GuMStream C~ndos 131 4.07 Sa79,550 $11,729~q28 S216.106 S89,~11 P~o Condc~ 55 2,31 S4~d,~aa S4,255.412 S20g. G92 $77372 Islancl House Cohere 7Z 331 S594,000 S5,105,792 $179A56 S70,914 21.7S227 Holiday ran 16a 289 $1&2,149 $$,qOg, lag $4i,187 S2D, aM 5B.13149 As a hyl~hetkai e,-'~,'T,!e, assa~ ~a=:C a n~ 300-morn falI-~evi~e boel was beilt on the ~ ~e~F,~ c~-~'tion corn of S115,000 per morn (in emit dollar), ERA ~,,.~ ~-, 1re hotel coakI have a total ccms~a-a~on cost of S37.5 m~'it;on. ~ asi~r ra~ 0f$125, ope~,t~ ~ z~65% of pr~es, and alm~mal m~ket ~T;,'.~t~on ra/= of If%, this the~,=~cal hotel c~dd b,wc an tanble vahae of tougb/y j~Lsd~ctio~s, ~;. theotedcaZ hoteJ could ge~rz~ ro,,Ehly S400,OeO ~..-mmZ ~ ~ FoUowing hhis th__~-~r~d~at ~.,~r.h, ti~ nni~ual value of tl~ brad (~,q~w~d tO be a ~ si~ vA:h a densiW of 50 unim per a:~=) could b= wenh $400,000 ~e~ ncr~ spin:ellen: '1. f~-,~own~intheTIFdistri~tisl;-dt=dm--,-n~rnnmb~ofpartieswhocemml. Isrg~ tns~ of va~,,* land. This -d, maki ~;,-~ t~ m:gativs :. ..plieanions ofsl~-ulafio,, gsnenning saln of land atut inee,m, p'odncing property, tt~ l~cal tax assessment dtsltict will hav~ n n~w l~clinc of ~t as~s to work fxnm TIF Analysis for South Padre Island - FINAL DRAFT Page 6 75 ERA New Dt'v~epmmt Disemmml Obviously, th= long-te~n opporttmity For North Path Isl~,,~ is tt~ ~-h-,,,--. to d~e~up ov~ 1,200 acr~ of vacant land, inca,,,~,~ sites on the s~wsll. To cl~n~ pezm~ rosere'oh and ~,m,~e~ evaD~'~nns noted above, and comp]et~'d adciifiom~l m~-~ rcvi~,~s to confLirt previous d~ta and. ~ssum~c~. F~,. ~ effort, ERA aeated tw~ ak~,~e dtvelopln~ml [m}grum~: The Opporlm~/~ · 3,000 a'~aui~,g units (includi:~ cO,,dewnin/,tm., ] trails, homl roo~,~ -,~ strumsram). ERA is as~ 2,000 hotel rooms aug l,OOO r~d,~,: dw~;~,,~ m~s furd~-ass~smcn~tob~builtovet lgyears ._,m~,,,-,~ projec~) built over lg years. · An~rs,~-~-m,-~am-anion, assumaitn b:awat~park · Tb~ CVnl~Omlnium and ~ URilS could go on ~ mm4cCt at an avcrab~ azaiblc Wshm OrS17S,000 tx:r unit in year 2000 dollars. TIF Analysis for South Padre Island - FINAL DRAFT 76 Im~rmntCansts prosum if ;.,a values are pushed b=yon6 mnrl~ ~ ra~s d ~~ ~ ~-t~ ~ ~ ~ ~ly ~ ~ ~ ~ ~ of ~ ~~ Bsssi on ~,~.~om x-~nr~ ~is~ dcvelopmc~ s~i va~ss land, ~s well as alts~nSiv~ new develcq~nexa scnmrios, ERA dev=lopesi altema~ve growth ~m~ssts urnbit value ami increau~n Fnerami b~ thc TEF distria hetwee~ 2001 to 2020, · mL~,~ b~ ~-~ju~m, shown in Tables 3 and 4. Th~ f~llowing implications are Uml~r ~ Causenave Dev~.~n~ Opfi_on (Table 3), BRA ~ ~ ~ $6~0~ i 2001 m ~ ~ii.~ ~ 2010, ~ 2~0. To~ ~ ~ ~ ~ 2~3 ~ 2~0 $~ milli~ ~ ~ ,~,,F,o~,-~gy $62,000 in 2001 m $6.6 miIHOn [u 2010, m ~ $13~ ~on in 2~0. T~ ~,ff~ ~ ~ ~ 2003 ~ 20~ The following eh~,~ dc-pic~s the ginyah Lu ~ for lnh q2~ians over th= b~ss valus. TIF Analysis for South Padre island - FINAL DRAFT Page 77 R Comparison of Estimated Total Annual TIF Revenues from Participating Jurisdictions 2000 I001 2002 20012004 2005 2006 2007 2008 2009 2010 2011 2012 2013 1014 2015 2016 Zan Zulu RUIN auto tas bounty , )1NL uutrLLs SOFTWARE IN INC. ti a gj RER OF PROPERTIES . 1B61 Ay{D - HOMEBITE to D - NON HOMEStTE If1 �10 - AD MARKET If1 VID - TIMBER MARKET T+I N TOTAL LAND MARKET VALUE Irl M ROVEMENTS - HOME3ITE Irl ROVEMENTS - NON )(OMESITE 1+1 N TOTAL IMPROVEMENTS 4.1 V 9UNA4 PROPERTY CDH ERAL3 10) DB (0) AL MARKET VALUE AL HOMESTEAD CAP ADJUSTMENT (20) AL EXEMPT PROPERLY 127) AL 4RODUCTIVTTY MARKET tNON EXEMPT) 1+1 USE (a 1-1 PER USE IDI 4-1 PRODUCTIVITY LORH Irl AL ASSESSED MPTIONS (HSI HOMESTEAD 1129) 10 (SAI OVER 68 1391 14) IOP) DISABLED PERSONS 12) 1+1 IOVI DISABLED VET 071 (+I TOTAL EXEMPTIONS 1.1 TAXABLE i r4 N 4 h A Y M U N Y R E jj 2000 PAELIMINARY ROLL FOA , ENTITIES ---------------------------------------- rHrrwrrrrwrrrrr,lHwrrwrr w MwrrH •iirH rw O w••ra PRELIMINARY ROLL GRAND TOTALS alraa •airs CITY OP CC lCO3) aw Hr •carr 03103IO0 02:08â–ºr aMar •aa�airlri •wa â–  • wraiararlra Hari MrHHrrwai $3,491.334 023.947, 336 s0 so 029. 438, 910 1142, 200.790 617. 684, 297 639, 884. BR7 so so to $o 6O 00 sO it) 629, 438, 91 O 14) 989.884.887 t+) so 141 40 I4) f0 Irl SBS. 3M, 791 63.313,731 APPROXIMATE TOTAL LEVY -CW TAXABLE • TAX RATE / 1001 410.070.6m a 03/03/00 OE:68â–ºr PACE 689.323.797 /-1 6123.418 t-) 614.023 1-1 so tol 689, 1116, 3m 1-) 63,319.731 trl 683.870.603 CHS ABED 8. WA, 723) 0807.449 (STATE OI 02,367.302 /STATE Of 0100.000 (STATE 01 $43,000 63.313,731 APPROXIMATE TOTAL LEVY -CW TAXABLE • TAX RATE / 1001 410.070.6m a 03/03/00 OE:68â–ºr PACE 689.323.797 /-1 6123.418 t-) 614.023 1-1 so tol 689, 1116, 3m 1-) 63,319.731 trl 683.870.603 Padre Tax Incremen' Financing Scale In Feet (X~Copyright 1989-2000 City of Corpus Christi Texas LE6END TIF-Ares (totsl sctesge 1Q~0,0~) Corpus Chrlsfi Cltg Limit Line .... TIF Ares Boundsrg Line Citg O{ Corpus Chrlstl, Planning Department 81 82 83 ! i ii~ifii !!~i~i~ i[[ii~' [ i""' ' 84 Exhibit 2 NOTICE OF PUBUC SCOPING MEETING FOR PACKERY CHANNEL - NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ENVIRONMENTAL RESTORATION PROJECT CORPUS CHRISTI, TF, XAS Intm~le{i paffies are hereby notted of and invited to attend a public sceping meeting be conducted by the U.& Army Corps of Engineers and ~e City of Corpus ChdsU on: THURSDAY, SEPTEM? ~R 7, 2000 7:00 - g:00 PM (REGISTRATION BEGINS AT 6:00 PM) BAYFRONT CONVENTION CEN ROOM 220 1901 N. SHORELINE BLVD. CORPUS CHRISTI, TEXAS The purpose of the meeting is to inform the community about the project and how project studies will be conclucted, The meeting will provide an oppwtunity for all persons to cmnment and preyida information to help assure thct all env;,,.n,.~ntal issues and Impacts of the project am osmidered. Th~se unable to ~tl~ad may send written comments to: ARMY ENGINEER DISTRICT, GALVESTON As liNTION: CES1NG-PE-E P,O, BOX 1229 GALVESTON, TEXAS T/'5~3-1229 Economics Research Associates Exhibit 3 Final Report for Economic Impact Analysis for the Proposed TIF District on North Padre Island Submitted to The City of Corpus Christi Prepared By Economics Research Associates, Chicago June 2000 8~_os Angeles San Francisco San Diego Table of Contents 1.0 INTRODUCTION ....................................................................................... ~ ........... 1 2.0 DIRECT ECONOMIC IMPACT .......................................................................................................... 2 2.1 CONSERVATIVE DEVELOPMENT ALTERNATIVE .................................................................................... 2 Hotel/Resort Developments ...................................................................................................................2 2. Residential Units ...............................................................................................................................3 3. Retail .................................................................................................................................................3 4. Food and Beverage Establishments ..................................................................................................4 5. Waterpark ........................................................................................................................................4 2.2 OPPORTUNITY DEVELOPMENT ALTER_NATIVE ...................................................................................... 5 1. Hotel/Resort Developments ...............................................................................................................5 2. Residential Units ......................................................................................................2 ........................5 3. Retail .................................................................................................................................................6 4. Food and Beverage Establishments ..................................................................................................6 5, Waterpark ........................................................................................................................................7 2.3 SUMMARY ............................................................................................................................................7 3.0 CONSTRUCTION IMPACTS .............................................................................................................. 9 Economic Impact Analysis for the Proposed TIF D~lirict on North Padre Island-Final Page ii Table of Tables FABLE 1 - ECONOMIC IMPACT OF OVEKNIGHT VISITOKS AT THE TLF DISTRjCT RESORTS .............................. TABLE 2 - E~ONOMIC IMPACT OF TOTAL VISITORS AT THE T~]: D|STRjCT RETAIL DEVELOPMENTS ............... TABLE 3 - ECONOMIC IMPACT OF ALL VISITORS AT THE T~F DISTRICT F&B ESTABLISHMENTS .................... TABLE 4 - PROJECTED DIRECT ECONOMIC IMPACTS AT THE TIF DISTRICT - CONSERVATIVE SCENARIO ........ TABLE 5 - PROJECTED DIRECT ECONOMIC IMPACTS AT THE TIE DISTRICT - OPPORTUNITY SCENARIO .......... TABLE 6 - CONSTRUCTION IMPACTS - CONSERVATIVE DEVELOPMENT SCENARIO ......................................... TABLE 7 - CONSTRUCTION LMPACTS - OPPORTUNITY DEVELOPMENT SCENARIO ............................................ Economic Impact Analysis for the Proposed TIF D~trict on North Padre Island-Final Page 1.0 Introduction Economics Research Associates ~vas engaged in TIF Analysis study submitted in May 2000 to the City of Corpus Christi. The TI/? analysis study estimated tax increment revenues from the proposed development on North Padre Island. The TIF analysis study proposed two development scenarios for the proposed district; a conservative scenario and a mor~ aggressive "opportunity" scenario. The purpose of this report is to show the direct economic impact for the proposed two scenarios on the area. In addition to the suggested development programs, we make use of a demand analysis study prepared by ERA during winter 1999/2000 for a proposed development on North Padre Island. The direct economic impact measures final demand output (revenue) generated by visitors to the TIF district and by local residents using the facilities at the district. In addition, jobs created and/or associated with this revenue, earned wages, state and local tax revenue are measured and reported by type of development. The five main developments are: 1. Hotel/Resort Developments 2. Residential Units 3. Retail 4. Food and Beverage Establishments 5. Waterpark The direct economic impact is measured separately for each scenario. All dollar amounts in the direct economic impact section are reported in constant 1999 dollars since most of the data gathered and used in this analysis are in 1999 dollars. The short-term construction economic impact measures total construction costs derived at in the TIF analysis study (Table 1 and Table 2), short terms construction jobs and wages associated with theses jobs. Dollar amounts reported in that section are in current dollars. Economic Impact Analysis for the Proposed TIF D~ict on North Padre Island-Final Page 1 2.0 Direct Economic Impact This section presents economic impact projections for the proposed new development program for the planned TIF District on North Padre Island. Earlier in the report, two scenarios have been proposed: an opportunity alternative and a conservative alternative. Economic impact projections are presented for each scenario. Assumptions used in this analysis are based on the demand analysis study completed earlier by ERA for the proposed development on North Padre Island. All dollar figures are in constant 1999 dollars. The proposed program assumes that different projects will be phased over a number of years. However, the economic impact analysis is conducted assuming all units are built in each scenario. Construction jobs and wage impacts are calculated based on the estimated construction costs preSinted in Table I and Table 2 for the conservative and oppommity development alternatives respectively. Therefore, wages are in current dollars for each year when the impact occurs. 2.1 Conservative Development Alternative Based on this scenario, it is projected that the following developments will occur in the TIF district: 1. Hotel/Resort Developments -- Total of 1,200 rooms 2. Residential Developments -- Total of 500 units 3. Retail 4. Food and Beverage Establishments 5. Waterpark The visitor market will support most of the economic impact at these developments. In addition, the resident market will generate additional impact at the retail and food and beverage establishments. Residential units are assumed to be largely retirement communities that ~e occupied year round. Therefore, people purchasing these units, would generate economic impact on the area as residents and not visitors. Hotel/Resort Developments Based on the demand analysis study, visitors to the proposed resorts on North Padre Island are expected to spend on average 2.3 nights on the island. In addition, the study suggests that on average 2.6 people will occupy each hotel/resort room. Average dally rates are projected at $135. This ADR is comparable to mid to upscale beach resorts in the area. Average occupancy rate is projected at 68%. Therefore, it is projected that when all 1,200 rooms are available, total number of visitors will reach 336,689 visitors Economic Impact Analysis for the Proposed TIF District on North Padre Island-Final Page 2 90 annually. Table 1 shows the economic impact generated by overnight visitors at the proposed resorts. Table 1 - Economic Impact of Overnight Visitors at the TIF District Resorts Overnigl~t Direct Supported Wages State Tax Local Tax Visitors Revenue Jobs (1999 $) (1999 $) (1999 $) (1999 $) 336,689 40,208,400 900 10,998,900 2,412,504 3,618,756 ~ource:ERA Direct revenue will reach over $40 million. Ovemight visitors will support 900 new jobs. New earnings will reach approximately S 11 million. Local tax revenue will reach $3.6 million at 9% tax rate and state tax revenue will reach $2.4 million at the current 6% tax rate. Number of employees is proportional to the number of rooms and follows from industry standards. 2. Residential Units The conservative scenario projects 500 units to be developed in the TIF district. We further assume that these units will be occupied year round and therefore, occupants will generate economic impact similar to that of residents. Based on the national consumer survey, households over 65 years old spend on average $25,275 per consumer unit annually. The projected 500 units will generate $12.63 million in expenditures, support 129 jobs earning $1.66 million in wages. In addition, local and state tax revenue will reach approximately $I million. 3. Retail Revenue at retail establishments in the TYF district will come from different markets. Overnight visitors at the TIF district resorts, overnight visitors at other area accommodation, day visitors to the area and the resident market will contribute to retail expenditures. Depending on the type ofretaiI, average daily expenditures per person may vary accordingly. It is assumed that overnight visitors will spend on average $12 per person per day, while day visitors and local residents will spend on average $10. The following table shows each market contribution to the economic impact from retail expenditure. Table 2 - Economic Impact of Total Visitors at the TIF District Retail Developments Total Direct Supported Wages State Tax Local Tax Markets Revenue Jobs (1999 $) (1999 $) (1999 $) (1999 $) 1,612,270 I9,988,153 203 2,632,136 1,249,260 324,807 $gurce: ERA Economic Impact Analysis for the Proposed TIF DiStrict on North Padxe Island-Final Page 3 Total revenue is projected at $20 million with 203 new jobs supported earning over $2.6 million in wages. Local and state tax revenues will reach over $1.5 million. In addition, overnight visitors at the TIP districts resorts will generate retail and food and beverage revenue off-site (off the TIP district). However, these impacts are not captured in this analysis. - 4. Food and Beverag~:laltablishments As noted in Table 1, an estimated 150,000 SF of commercial space will be developed. It is further assumed that the food and beverage establishments developed in the TIP district will be of high quality and viewed as "destination" restaurants. All markets will contribute to the final demand output generated at these establishments including the resident market. Assuming a range of daily expenditures from $8 per person from the resident market to $22 per person from the TIP district resorts overnight visitors, total expenditure will reach $23.8 million. The following table shows the impacts from all markets. Table 3 - Economic Impact of All Visitors at the TIF District F&B Establishments Total Direct Supported Wages State Tax Local Tax Markets Revenue Jobs (1999 $) (1999 $) (1999 $) (1999 $) 1,612,270 23,793,944 700 6,424,365 1,487,122 386,652 Revenue generated at these establishments will support 700 new jobs earning $6.4 million. Local and state tax revenue is estimated at $1.8 million. 5. Waterpark Preliminary demand projections indicate that attendance will reach approximately 400,000 by the stabilization year. Attendance will be generated from all markets including the resident market. It is further assumed that the average admission fee is $13 per person and that other revenue such as food and beverage, locker rentals, etc. is on average $5 per person. Therefore the waterpark will contribute $7.2 million in direct revenue-and will support an equivalent of 158 full-time jobs. In general more part-time employees are hired during the high season. They will earn $1.6 million in wages. The waterpark will generate $32,500 in sales and other local taxes and $125,000 in state taxes. Economic Impact Analysis for the Proposed TIF D~ict on North Padre Island-Final Page 4 2.2 Opportunity Development Alternative This scenario assumes that a total of 2,000 hotel/resort rooms will be developed in the TIF district. Furthermore, it assumes that a total of 1,000 residential units will be developed. We assume that at least 500 units will be second homes and 500 units will be in retirement communities. The scenario also assumes that 300,000 SF of commercial space will ~be available for retail, entertainment and food and beverage establishments. Based on these assumptions and the demand analysis study, the estimated economic and tax revenue impact is presented thereafter. Assumptions presented in the conservative development alternative hold for the opportunity development alternative unless otherwise stated. 1. Hotel/Resort Developments With the projected 2,000 rooms, total number of visitors at these resorts will reach approximately 561,000 annually. The following table shows the impact generated by these overnight visitors at the resorts developed in the T~ district. Overnight Direct Supported Wages State Tax Local Tax Visitors Revenue Jobs (1999 $) (1999 $) (1999 $) (1999 $) 561,i48 67,014,000 1,500 18,331,500 4,020,840 6,031,260 Direct revenue will reach over $67 million. Overnight visitors will support 1,500 new jobs. New eamings will reach approximately $18 million. Local tax revenue will reach $6 million at 9% tax rate and state tax revenue will reach $4 million at the current 6% tax rate. Number of employees is proportional to the number of rooms and follows from industry standards. 2. Residential Units Assuming that 500 units will be in the retirement community and that these units will be occupied year round and therefore, occupants will generate economic impact similar to that of residents. The impact is similar to the one estimated under the conservative development alternative. The projected 500 units will generate $12.63 million in expenditures, support 129 jobs earning $l.66 million in wages. In addition, local and state tax revenue will reach approximately $1 million. However, under this scenario, we further assume that 500 units will be developed as seasonal residential units or second homes. The demand analysis study shows that these units will be developed as condominiums and not stand-alone houses. In addition, the study indicates that 60% of units ~vill be in rental programs (300 units.) During the peak season (April through September), average occupancy rates is projected to reach 50%. Economic Impact Analysis for the Proposed TIF Distinct on Noah Padre Island-Final Page 5 Average number of occupants per unit is projected at 4 people. Average length of stay per party is projected at 5 nights. The remainder six months (October through March), the units will either be empty of will be occupied by the owners for approximately 2 weeks and by their friends and relatives for other periods. Units that are not in the rental program (200 units) will be occupied by their owners and their friends and relatives. However, it is hard to account for the economic impact of those units. The following table shows the projected direct economic impacts of second homes developed in the TIF District. Dividing the rented units by 2.9 (average number of persons in a consumer unit) we arrive at the number of consumer units. In addition, annual expenditures were calculated based on the number of days each unit is occupied. Number of Consumer Annual Total State Tax Local Tax Supported Wages Units Units Expenditure Expenditures (19995) (19995) Jobs (19995) rented (19995) (19995) 150 207 19,156 3,963,381 247,711 64,405 40 521,917 500 690 1,466 1,010,698 63,169 16,424 10 133,094 Total 4,974,079 310,880 80,819 51 655,011 Second homes will generate approximately $5 million in expenditures, support 51 jobs in the community earning $655,000. Local and state tax revenue will reach approximately $400,000. 3. Retail The projected overnight visitors at the TIF district resorts in addition to other visitor and resident markets will account for 1.8 visitors annually. The impact of this market is presented in the following table. All assumptions stated in the conservative scenario holds here. Total Direct Supported Wages State Tax Local Tax Markets Revenue Jobs (1999 $) (1999 $) (1999 $) (1999 $) 1,836,729 23,489,716 239 3,093,239 1,468,107 381,708 The market will generate $23,5 million in revenue, support 239 new jobs earning a little over $3 million in wages. Local and state tax revenue will push over $1.8 million. 4. Food and Beverage Establishments Based on earlier assumptions, direct revenue at food and beverage establishments at the TIF district will reach over $30 million. Approximately 900 new jobs will be generated earning over $8 million in wages. State and local tax revenue will reach over $2.3 million. Economic Impact Analysis for the Proposed TIF District on North Padre Island-Final Page 6 94 Total Direct Supported Wages State Tax Local Tax Markets Revenue Jobs (1999 $) (1999 $) (1999 $) (1999 $) 1,836,729 30,213,475 889 8,157,638 1,888,342 490,969 5. Waterpark Preliminary demand projections indicate that attendance will reach approximately 400,000 by the stabilization year. Attendance will be generated from all markets including the resident market. It is further assumed that the average admission fee is $13 per person and that other revenue such as food and beverage, locker rentals, etc. is on average $5 per person. Therefore the waterpark will contribute $7.2 million in direct revenue and will support an equivalent of I58 full-time jobs. In general more part-time employees are hired during the high season. They will earn $1.6 million in wages. The waterpark will generate $32,500 in sales and other local taxes and $125,000 in state taxes. 2.3 Summary The following two tables summarize the direct economic impact of the proposed developments in the TIF district. The first table shows the impact for the conservative development scenario and the second table shows the impact for the opportunity development scenario. Table 4 - Projected Direct Economic Impacts at the TIF District - Conservative Scenario Conservative Development Scenario Attraction Direct Revenue Supported Wages Local Tax State Tax Jobs Resorts $40,208,400 900 $10,998,900 $3,618,756 $2,412,504 Residential Units $I2,637,500 129 $1,664,167 $205,359 $789,844 Retail $19,988,153 203 $2,632,136 $324,807 $I,249,260 F&B Establishments $23,793,944 700 $6,424,365 $386,652 $1,487,122 Waterpark $7,200,000 158 $I,584,000 $32,500 $125,000 Totals $103,827,997 2,090 $23,303,568 $4,568,074 $6,063,730 Source: ERA Economic Impact Analysis for the Proposed TIF Di~gict on North Padre island-Final Page 7 Table 5 - Projected Direct Economic Impacts at the TIF District - Opportuaity Scenario Opportunity Development Scenario Attraction Direct Revenue Supported Wages Local Tax Jobs Resorts $67,014,000 1,500 $18,331,500. $6,031,260 Residential~Ynits $17,611,579 179 $2,319,178 $286,188 Retail $23,~89,716 239 $3,093,239 $381,708 F&B Establishments $30,213,475 889 $8,157,638 $490,969 Waterpark $7,200,000 158 $1,584,000 $125,000 Totals $145,528,770 2,965 $33,485,555 $7,315,125 SourCe: ERA State Tax $4,020,840 $1,100,724 $1,468,107 $1,888,342 $32,500 $8,510,513 Economic Impact Analysis for the Proposed TIF DiSgict on North Padre Island-Final Page 8 I-tn 3.0 Construction Impacts Based on the construction structure of the two alternatives, the following two tables show the construction impact in terms of number of construction related jobs and the earned wages associated with the jobs. Since the construction costs were inflated, the estimated wages are'also inflated, therefore all dollar amounts, unlike the direct economic impact, are in current dollars. The number of construction related jobs does not include jobs relate to land development and is equivalent to full time jobs. Table 6 - Construction Impacts - Conservative Development Scenario Conservative Development Scenario Attraction Total Wages Number of Construction Construction Related Jobs Costs Resorts $195,506, 160 $78,202,464 1,655 Residential Units $108,564,117 $43,425,647 966 Commercial Space $14,725,383 $5,890,153 124 Waterpark $15,373,423 $6,149,369 138 Total $334,169,084 $133,667,633 2,883 The conservative scenario predicts total construction costs to reach $334 million, number of construction related jobs would reach almost 2,900 jobs earning over $133 million in wages. Table 7 - Construction Impacts - Opportunity Development Scenario Opportunity Development Scenario Attraction Total Wages Number of Construction Construction Related Jobs Costs Resorts $322,791,725 $129, 116,690 2,759 ResidentialUnits $228,543,213 $91,417,285 1,931 Commercial Space $31,239,025 $12,495,610 248 Waterpark $15,373,423 $6,149,369 138 Total $597,947,386 $239,178,955 5,076 The opportunity scenario predicts total construction costs to reach $598 million, number of construction related jobs would reach 5,000 jobs earning over $239 million in wages. Economic Impact Analysis for the Proposed TIF D~Vict on North Padre Island-Final Page 9 Exhibit4 ORDINANCE DESIGNATING A CERTAIN AREA WITHIN THE JURISDICTION OF ~ CITY OF CORPUS CHRISTI AS A TAX INCREMENT FINANCING DISTRICT TO BE KNOWN AS "REINVESTMENT ZONE NUMBER TWO, CITY OF CORPUS CttRISTI, TEXAS", ESTABLIS'FITNG A BOARD OF DIRECTORS FOR SUCH REINVESTMENT ZONE, AND OTF!~R MATTERS RELATING THERETO. WHEREAS, the Texas Legislature has authorized cities to establish reinvestment zones by its enactment of the Tax Increment Financing Act, Chapter 3 11 of the Texas Tax Code (the"Act"); WHEREAS, it has been proposed that the City of Corpus Christi should establish a reinvestment zone (hereinnfter "the Zone"), as authorized by the Act, within the area of the City as described by metes and bounds in Exhibit "A" and depicted by map in Exhibit "B," which exhibits are attached hereto and incorporated herein; and ~, the City has prepared a preliminary reinvestment zone ~nnnCil:lg pla~ a ~_~ correct copy of which is attached to this Ordinance as Exhibit "C, " and incorporated herein; and has presented the plan to the governing body of each taxing trait that levies taxes on real property hi the proposed zone, provided notice to each such taxing trait of the creation of the proposed zone, made a formal presentation to representatives of each such taxing unit, and taken all other actiota in accordance with Section 311.003 of the Act; and ~AS, the preliminary reinvestment zone financing plan provides that the ad valorera taxes of the City constituting its tax incremem are to be deposited into the hereinafter created Tax Increment Fund, and that ad valorera taxes of the other taxing units constituting their respective tax increments may also be utilized for the purposes described in the preliminary financing plan; and WHEREAS, in compliance with the Act, the City called a public hearing to hear publ~ comment on the creation of the proposed zone and its benefits to the City and the property in 0JR.B0501.001 1 · . 98 ~ proposed zone; and WHEREAS, in compliance with the Act, notice of such public hearing was published in the Corp~ Chrisri Caller-Times, a daily newspaper having general circulation in the City, such publication date being not later than seven (7) days prior to the date of the public hearing; and WHEREAS, such hearing was convened at the time and place mentioned in the published notice, to-wit, on the 29th day of August, 2000, at the Regular Meeting of the City Council commencing at 2:00 p.m., at the City Hall of the City, which hearing was conducted and then closed; WHEREAS, the City, at such hearing, invited and permitted any interested person to speak for or agaizzst the creation of the zone, its boundaries, and the concept of ulx increment financing; WHEREAS, all owners of property located within the proposed zone were given a reasonable opportunity to protest the inclusion of the property in the proposed zone; and WI-~KEAS, City Council considered all information provided to it relevant to the merits of creating the zone, consistent with the criteria in Chapter 311; and WI4~-REAS, all requirements of the Act have been met. NOW, THEKEFORE, BE IT OtLDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION I: The facts and recitations contained in the preamble of this Ordirmnce are hereby found and declared to be true and correct. SECTION 2: The City Council, after conducting the above-described public hearing and l'mving heard all evidence and testimony, hereby makes the following findings and determinations based on the evidence and testimony presented to it: 0JRB0501.001 9~ 2 0JRB0501.001 (a) That the Zone is a contiguous geographic area located wholly wit[ the corporate limits of the City. 3~at the area substantially arrests or impairs the sound growth of the City, retards the provision of housing_ accommodations, constimms an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition and use because of: (I) unsafe conditions, inchidinE a 1.2 mile long seawall which is imminently threatened by beach erosion, such threat to seawalt posing a severe and immincm threat, especially by catastrophic storm, to a large number of hotels, condominiums and other living units, as well as to public roads. infrastructure, and facilities protected by said seaw~ (2) the deterioration of site or other improvements including severe erosion in front of the above-described seawall posing a severe and imminem threat to the properties and public infrastructure protected by said seawall as described above; (3) conditions that endanger life or property by fire or other cause including severe erosion in from of the above-described seawall posing a severe and imminent threat to the properties and public infrastructure protected by said seawall as described above; (4) the predominance of defective or inadequate sidewalk or street layout; and 3 loO. ~ .... (5) faulty lot layout in relation to size, adequacy, or usefulness. (c) That the area is predominantly open and, because of obsolete platting, substantially impairs or arrests the sound growth of the City. (d) Ttmt the area is predominantly open and, because of deterioration of structures or site improvements, or other factors, including severe erosion in front of the above-described seawall, posing a severe and imminent threat to the properties and public infrastructure protected by said seawall as described above, substantially impairs or arrests the sound growth of the City. (e) That the area is predominantjy open and substantially impairs or arrests the sound growth of the City because of various factors, including but not limited to the following: (A) a significant portion of the area does not have access to roadways of the City and (B) natural waterways exist within the area that pose drainage and flooding hazards to the City, thereby rendering the area unproductive and underdeveloped. (iv) Tlaat tourism and convention business is of extreme importance to the Corpus Christi economy, which has not shared in the economic prosperity enjoyed by the rest of the State in recent years, and the area within the proposed dish'let has tremendous, unrealized potential to provide tourist and convention facilities, and it is essential that this presently undeveloped area be fully developed. (g) That no more than ten (10) percent of the property in the proposed 0JEB0501.001 1017'~ 4 reinvestment zone, excluding property ,that is publicly owned, is used for residential purposes. (h) That the total appraised value of taxable real prot~rty in the g~uyosed reinvestment zone and in existing reinvestment zones within the City according to the most recent appraisal mILs for the City, does not exceed fifteen (15) pement of the current total appraised vain~ of taxable real property in the City and in the i~d,tsn-ial districts ~;~r. ated by the City. (i) That the proposed reinvesnnent zone does not contain more thin .fifteen (15) percent of the total appraised value of real property taxable by a county or school district. (j) That the improvements to be implemented in the proposed zone will sigai~cantly enhance the value of all taxable real propen~y in the proposed zone and will be of general benefit to the City. SECTION 3: The City Council hereby designates as a reinvestment zone the area described by the metes and bounds in Exhibit "A" and depicmd by map in Exhibit "B" to promote development ~n~ redevelopmerit of th~ area, which development or redevelopment the City Council does hereby d~t~rmine would not occur solely through private investment in the reasonably foreseeable future. Sttch reinvestment zone shall hereafter be identified as "Reinvestmere Zone Number Two, City of Corpus Christi, Texas" (the "Zone" or the "Reinvestment Zone"). SECTION 4: That there is hereby established a board of directors for the Zone (the "Board") which shall consist of fifteen (15) members. The Board shall be appointed as follows: (a) Pursuant to Section 311.009(a), Tax Code, the respective governing bodies OJRBlYSOI .001 5 5 of each taxing unit other than the City each may appoim one (1) member of the Board. Each said governing body may waive its right m appoint a director, and shall be deemed to have waived such right if it has not made such appointment within thirty days of receiving written notice of its fight to appoint. The remaining members of the Board are appointed by the City Council of the City. All members appointed by the Board shall meet eligibility requirements as set forth in the Act. Provided, however, notwithstanding any other provision of this Ordinance, the City Council shall have the right to appoint at least ten (10) members of the Board, and the Board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. (b) Terms of Board members shall be two years. Terms shall be staggered, with the first term of eight (8) City Council appointees being for one year. Officers shall be appointed as provided in the Act. (c) The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit such plan~ to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council by ordinance or resolution. SECTION 5: The Zone shall take effect immediateiy upon the passage of this Ordinance. Termination of the Zone shall occur on December 31. 2022, or at an earlier time designated by OJRB0501.001 1037~ 6 subsequent ordinance of the City Council or at such time as all project costs, and all tax increv bonds and interest thereon, have been paid in full. SECTION 6: The Tax Increment Base for the Zone, which is the total appraised value of all taxable real property located in the Zone for the year m which the Zone is designated is shown hi the attached Exhibit "D', incorporated heroin. SECTION 7: There is hereby established a Tax Increment Fund for the Zone, which may be divided into such accounts and subaccounts as deemed necessary or convenient in accordance with generally accepted accounting principles for government, into which all tax increments, less any mounts not required to be paid into the Tax Increment Fund pursuant to the Act, are to be deposited. The Tax Increment Fund shall be utilized only for purposes permitted by the Act and managed in accordance with the Act. SECTION 8: The City Council hereby finds that the creation of the Zone and the expcndi"-"" of moneys on deposit in the Tax Increment Fund is necessary or convenient to the creation of the Zone or to the implementation of the project plan for the Zone and constitutes a program to promote local economic development and to stimulate business and commercial activity in the City. SECTION 9: That if any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 10: This Oi'dinance shall take effect immediately upon its passage. OmB0501.001 7 7 ' ~04. ,,ill.. ., CITY COUNCIL AGENDA MEMORANDUM November 10, 2000 AGENDA ITEM: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, REGARDING WATERFOWL HUNTING. ISSUE: Residents located in water oriented subdivisions have expressed concerns regarding noise and safety with the hunting of water fowl in proximity to their homes, in particular, near Padre Isles along the east shoreline of the Laguna Madre, south of the JFK Causeway. REQUIRED COUNCIL ACTION: Approval of the Ordinance. PREVIOUS COUNCIL ACTION: A) Based on complaints received from Padre Isles residents regarding the hunting of waterfowl near their homes, Council directed staff to review the City Code regarding the hunting of waterfowl within the Laguna Madre and recommend amendments to the code as deemed necessary. B) Section 33-75 of the Code was amended by Ordinance 10015, on Nov. 25, 1970, to allow duck hunting in Laguna Madre and again on November 10, 1976, by Ordinance 13471, making it unlawful for any person to erect a duck blind or hunt within 400 feet of the shoreline in the Laguna Madre. CONCLUSION AND RECOMMENDATION: The current limitation prohibiting waterfowl hunting within 400 feet of the east and west shoreline of the Laguna Madre conflicts with the residential uses in Padre Isles as well as with other water oriented activities, i.e. fishing, skiing, and boating. Although the hunting of waterfowl is prohibited elsewhere within the City limits, it does occur at various locations in the Corpus Christi and Nueces Bays, thereby posing future conflicts as these areas develop. Staff recommends amending the code to require that hunting of water fowl be a minimum distance of 1000 feet from a residence, business establishment; industrial facility, school; institution of higher education; other structure designed for residential or commercial occupation along Corpus Christi Bay, Nueces Bay and the Laguna Madre. 105 BACKGROUNDINFORMATION The hunting of waterfowl in the Laguna Madre in proximity to developed areas poses a nuisance and a possible hazard to residents and other occupants as well as conflicts with other recreational activities. Under the current ordinance, the Laguna Madre between Corpus Christi Bay south to the City limit line is the only area within the City limits where the hunting of waterfowl is permitted during lawful seasons provided it does not occur within 400 feet of the shoreline (Attachment A). The duck hunting seasons are October 28 through November 26, 2000 and December 09, 2000 through January 21,2001. The hunting of waterfowl also occurs illegally in various unpopulated locations in Corpus Christi Bay on the backside of Mustang Island and in Nueces Bay. The anticipated residential growth in Padre Isles and development on Mustang Island will also pose future conflicts with the hunting of waterfowl unless the ordinance is amended. A series of meetings were held with concerned property owners, game wardens from Texas Parks and Wildlife, U.S. Fish and Wildlife, and representatives from Ducks Unlimited and Padre Island Property Owners Association regarding water fowl hunting in proximity to residences in Padre Isles. Of specific concern was the water area between the spoil islands paralleling the Intercoastal Waterway and the eastern shore of the Laguna Madre south of the JFK Causeway (Attachment B and C). Residents have complained of noise, falling shot in yards or pools, broken windows, and to some extent, safety of persons fishing, boating and skiing in the general vicinity of the hunters. The proposed ordinance with the 1000-foot distance would effectively eliminate waterfowl hunting along the east bank of the Laguna Madre in the areas where residences have been constructed. The distance of a 1000 feet from residences and other occupied structures was determined to be more than adequate in that the maximum carrying distance of shot from a gun is approximately 375 feet. As new residences or other development is constructed, the 1000-foot distance would automatically adjust to further restrict the hunting. The intent of the 1000 foot minimum requirement is to establish a hunting regulation that not only could be applied in the Laguna Madre but also in Corpus Christi Bay and Nueces Bay as these areas are developed without having to revise the ordinance. The Texas Parks and Wildlife game warden said their policy is to enforce local hunting regulations adopted by Council and concurred that the 1000 foot hunting prohibition is a safe distance and a good compromise to the 400 foot requirement under current rules. Representatives from Duck's Unlimited indicated they would assist the City in signing the water areas around Padre Isles where hunting is proposed to be eliminated, based on the 1,000 foot distance. i~lichael N. Gunning~~F~"~ Director of Planning Background Information Water Fowl Ordinance Page 2 Attachments: Attachment A: Attachment B: Attachment C: Existing Waterfowl Hunting Area Map Proposed Waterfowl Hunting Area Map Projected 1,000 Foot Distance Map Page 4 Page 5 Page 6 107 -~_ ATTACHMENT A: EXISTING WATERFOWL HUNTING AREA MAP ".~.~,~, ""~':.4 '~, ~, ,/ "'- ~""-. '.~y~:.-: ATTACHMENT B: PROPOSED WATERFOWL HUNTING AREA MAP ATTACHMENT C: PROPOSED 1,000 FOOT DISTANCE CORPUS CHRI BAY --i NAS LAGUNA MADRE l -\ L7 ...... Z,, / ......... 2, (_ _ _ -APPROX. DUCK- /-- ---HUNTNG AREA- ! KING RANCH o. ' 1,000' ~cEs co. KLEBERG CO. I- IZ LAGUNA MADRE APPROX, SCALE: 1" 1 64300' or 1.14 mL ----110 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, REGARDING WATERFOWL HUNTING; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 33-75 of the Code of Ordinances is revised to read as follows: "Section 33-75. Discharging firearms; dry-k-waterfowl hunting. "(a) It shall be unlawful for any unauthorized person to fire or discharge any gun, pistol, rifle or other firearm of any description within the city, or from without the corporate limits of the city and permit any shot, projectile, EFs B-B's, slugs or ammunition to fall within the city. I lunting and the The unauthorized discharge of firearms of any description outside of the city and within four hundred (400) feet of the city limits or the firing outside of the city and permitting the projectile to fall within the city is hereby declared a nuisance and is prohibited=; provided, however, "('b) However, except as restricted by subsection (c) of this section, ~ waterfowl hunting within the lawful seasons and during the times prescribed by the legislature of the-st'a~ any Federal and State aaencies with jurisdiction over the takina of waterfowl, subject to the rules and regulations of Federal and state agencies of appropriate jurisdiction, and the discharge of firearms, subject to such state law, rules. and regulations, shall be permitted within the city in the following described areas: Corpus Christi Bay, Nueces Bay, east of the Culf Intracoastad Water~vay and portion of the Upper Laguna Msde-Madre within the corporate limits. (For the purposes of this section, anyone on the waterside of the vegetation line is considered to be within Corpus Christi Bay or Upper Laguna Madre. "(c) No waterfowl huntincl is permitted within 1.000 feet of a residence; business establishment; industrial facility, school; institution of higher education; other structure designed for residential or commercial occupation (but not includina storaqe sheds, hunting/fishing camps, pump facilities); dock appurtenant to a residential or commercial structure (other than those associated with a hunting/fishing camp or oil/c~as field production installation); trailer or recreational vehicle park; military installation: any public beach; any City, County, State, or Federal park; the JFK causeway between Flour Bluff and North Padre Island. the causeway between Corpus Christi and Portland, or the corporate limits of another municipality that prohibits the discharge of firearms within its city limits. "DUCK I IUNTINC DESCRIPTION IN LACUNA MADE R02806A7,wpd 111 "Beginning at a point in the northeast boundary line of State Tract No. 6, said point being 400.0 feet southeast from the west shore of Laguna Made at mean high tide; "Thence in a southeasterly direction with the northeast boundary line of State Tracts No. 6 and 35 and its extension, across Crate Tracts No. 40, 41, 54 and 55 to a point that is 400.0 feet northwest from the east shore of Laguna Made at mean high tide; "Thence in a southeasterly direction with a line that is parallel to and 400.0 feet west of the east shore of said Laguna Made at mean high tide to its intersection with the northeast boundary line of State Tract No. 56; "Thence in a northwesterly direction with the northeast boundary line of said State Tract No. 56 to its north corner; "Thence in a southwesterly direction with the common boundary line of State Tracts 56 and 57, and the common boundary line between State Tracts No. 59 and 58 to a point 400.0 feet northeast of the shore of Laguna Made at mean high tide; "Thence in a general southwesterly direction with a line that is 400 feet off the east shore of Laguna Made at mean high tide to its intersection with the southeast boundary of said State Tract No. 50; "Thence in a southwesterly direction with the common boundary line of State Tracts 58 and 60 and between 60 and 61 to a point that is 400.0 feet northeast of the shore of Laguna Made at high tide; "Thence in a general southwesterly direction with a line that is 400 feet off the east shore of Laguna Made at mean high tide to its intersection with the northeast right-of-way line of the John F. Kennedy Causeway; "Thence in a northwesterly direction with the northeast right-of-way line of said John F. Kenncdy Causeway to a point opposite and north of the Padre Island Investment Company West Lease Line in State Tract No. 61; "Thence in a southwesterly direction across the John F. Kennedy Causeway with the northern extension of the said West Lease Line and then with the said Padre Island Investment Company West Lease Line and its meanders to the most westerly corner of the Padre Island Investment Company Tract; "Thence in a southeasterly direction to the north corner of State Tract No. 174; 2 R02806A7,wpd 112 3 "Thence in a southeasterly direction with the northeast boundary line of State Tract No. 174 to a point that is 400 feet off the east shore of Laguna Made at mean high tide; "Thence in a general southeasterly direction with a line that is 400 feet northwest of and parallel to the meanders of th~ east shore of Laguna Made at n~ean high tide to its interscction with the southwest boundary line of State Tract No. 178; "Thence in a northwesterly direction across Laguna Made and in a straight line to a point that is 400 feet southeast of the intersection of the Nuecss-Kleberg County Line with the west shore of said Laguna Made at mean high tide; "Thence in a general north-northeasterly direction with a line that is 400 feet southeast of Laguna Made's western shore at ,~ean high tide to the point of beginning. "It shall be unlawful for any-person to erect a duck blind within four hundred (400) fe~t of the shoreline in the Laguna Made, and it shall be unlawful for any person to use any post, stake, wharf, pier or piling for a hunting blind for duck hunting within four hundred (400) f6et of the shoreline in the Laguna Made." SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R02806A7wpd 113 Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales That the foregoing ordinance was read for the first time and passed to its second reading on this the __ day of ,2000, by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED, this the __ ATTEST: ,2000 by the following vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott day of ,2000. 4 Armando Chapa City Secretary APPROVED: James R. Bray, Jr. City Attorney day of Samuel L. Neal, Jr. Mayor ,2000: By: R. Jay Reining First Assistant City Attorney R02806AT.wpd 114 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of 1,000 gallons of Malathion insecticide in accordance with Bid Invitation No. BI-0029-01 from Van Waters & Rogers, Inc., Corpus Christi, Texas for the amount of $22,740, based on low bid. The insecticide will be used by Heakh Department, Vector Control. Funds have been budgeted in FY 00-0t. Purpose: Bid Invitation Issued: The insecticide will be used for killing adult mosquitoes. Two Bids Received: Two Pricing Analysis: Award Basis: Pricing has decreased approximately 3% from last year. Low Bid Funding: Health Departmere Vector Comxol 1020-12670-520030 Micha~ C. Procurement and General Services Manager $37,000.00 115 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION Bid Invitation No. B1-0029-01 Malathion Insecticide 1,000 Gallons Van Waters & Rogers Corpus Chdsti, TX Unit Pdce $22.74 Total Price $22,740.00 Cheminova, Inc. Wayne, New Jersey $24.75 $24,750.00 116 CITY OF CORPUS CHRISTI PURCHASING DMSION BID EVALUATION AND RECOMMENDATION TO: Daniel Sprenger DEPT. DIV.: Veetor Control DATE: Oetober 11, 2000 BID INVITATION NO.: BI-0029-01 BID ITEM NO.: COMMODITY: Malathion Maria Garza, Senior Account Clerk Copies of the bids and a bid tabulation are submitted for your cvab,s.~m end t~oramead~ion. Ple~s~ provid~ your comments below. Your evalus~n should consider, but not be ~ to: (1) Price. (2) Exceptions to the Specifications. (3) Cost to Opeva~ Mainlain. or Consume. end (4) Dis~sal Value when applicable. Ifthc awar~ ~quires Counc~ approval (a) fl~c ~ecommendatldn mus~ be ap!t~ovcd by your Group Manager, and (b) ac~vity numbers end budgeted amounts must be shown. EVALUATION COMMENTS We recommend awarding the bid to Van Waters and Rogers based upon price. ACTIVITY NUMBER: 12 6 7 0 AMOUNT BUDGETED COMPLETED AND SUBMI rl ED BY: ~/~/~NAM~ APPROVED: $37,000.00 Supervisor 'r[l'~E 10/17/00 DATE DATE 117 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of computer network equipment from the following companies for the following amounts, in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $165,363. Funds are provided through the Juvenile Accountability Incentive Block Grant Kent DataComm Austim Texas $56,445 Hart InterCivic Austin, Texas $108,918 Grand Total: $165,363 Purpose: The equipmere will allow for the Juvenile Assessment Center (JAC) and the Municipal Court to share information and records on juvenile offenses. It will enhance the sharing of information to provide case management services to juveniles and their families. Basis of Award: State of Texas cooperative Purchasing Program Funding: Juvenile Accountability Incentive Block Grant 1050-821698 M~rrera,'~C.p.~M.'/ Procurement & General Services Manager $206,571 119 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the City Manager or his designee to execute a maintenance agreement with Cisco Systems, inc. in the amount of $59,171.89 for 12 months of hardware and operating system maintenance based on snle source. Purpose: In July 1998, City Council authorized the purchase of networking equipment consisting of routers, switches and associated Cisco hardware and software under the State of Texas Qualified Information Technology Vendor (QISV) program. The equipment was parchased to provide the infrastructure to support the new Year2000 compliant computer systems. Since its purchase, we have maintained an annual support agreement. This requested motion covers the equipment for the current fiscal year. Basis of Award: Sole Source Cisco Systems is the only vendor who can provide unlimited access to all operating system upgrades, 24x7x365 access to Cisco Connection online and 24x7x365 access to Cisco Technical Assistance Center for priorityl and 2 telephone support. Funding: MIS Operating Budget 530230-5210-40420 $60,000 Procttrement & General Services Manager 121 AGENDA MEMORANDUM DATE: November 8, 2000 SUBJECT: O. N. Stevens Water Treatment Plant Pollywog Pond Bird Watching Sanctuary Improvements (Project No. 8365) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with JSJ Services, Inc. for a total fee not to exceed $28,140 forthe O. N. Stevens Water Treatment Plant Pollywog Pond Bird Watching Sanctuary Improvements. ISSUE: A Reimbursement Contract Grant in the amount of $50,000 was approved from the Coastal Bend Bays & Estuary Program, Inc. on July 18, 2000 to improve access and site amenities at Pollywog Pond for bird watchers. FUNDING: Funds for this project are available in the Federal/State Grants Fund. The required local matching funds were transferred from the Water Department's operating budget, and appropriated to the Federal/State Grants Fund during FY1999-2000. RECOMMENDATION: Staff recommends approval of the motion as presented. Eduardo Garafia, P. E., Water Superintendent Director of Engineering Services Additional SuDloort Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit "C" Location Map Exhibit "D" Bid Tab Summary 123 BACKGROUNDINFORMATION SUBJECT: 0. N. Stevens Water Treatment Plant Pollywog Pond Bird Watching Sanctuary Improvements (Project No. 8365) PRIOR COUNCIL ACTION: 1. July 18, 2000 - Motion authorizing the City Manager, or his designee, to execute a Reimbursement Contract Grant in the amount of $50,000 with the Coastal Bend Bays & Estuary Program, Inc. forthe Pollywog Pond Sanctuary Bird Watching Area Public Access Improvements (Motion No. M2000-241 ). July 18, 2000 - Ordinance authorizing the transfer of $25,000 from the No. 4010 Water Fund to the No. 1050 Federal/State Grants Fund and appropriating a total of $75,000, including $50,000 from the Coastal Bend Bays & Estuaries Program, in the No. 1050 Federal/State Grants Fund for the Pollywog Pond Sanctuary Bird Watching Area Public Access Improvements Project; and declaring an emergency (Ordinance No. 024097). PRIOR ADMINISTRATIVE ACTION: 1. October 4, 2000 - Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Trinity Engineering Testing Corporation for a total fee not to exceed $3,750. BACKGROUND INFORMATION: Pollywog Pond is located near the O. N. Stevens Water Treatment Plant, close to Sharpsburg Road between IH 37 and the Nueces River. Pollywog Pond is utilized by the O. N. Stevens Water Treatment Plant for the discharge of backwash water from the plant's ~ters. The area has attracted a wide variety of birds and wildlife. The site is listed as a bird watching site by the Audubon Society and other bird watching guides. The site is a designated location on the Texas Parks and Wildlife's "The Great Texas Coastal Birding Trail" map. The Water Department has cooperated with the local Audubon Society to operate the area as a sanctuary and facilitate access for bird watchers. A grant application was submitted last year to the Coastal Bend Bays & Estuaries Program, Inc. to further enhance the site and accessibility. The City's Water Department has coordinated the project with representatives of the local Audubon Society and other local bird watching groups. PROJECT DESCRIPTION: The project consists of improved site amenities, signage, access improvements and public access boardwalks. Access currently has negative impact on vegetation. The level of usage has caused some unnecessary disturbances to the habitat that improved signage and access can correct. Construction has to occur II EXHIBIT ,,A,, I} ' Page 1 of 2 124 approval of the Management Work Plan from Texas Natural Resoume and Conservation Commission (TNRCC). Construction has to occur between December 1, 2000 and February 28, 2001 due to migrating birds which nest in the area throughout the months of March, Apdl, and May. BID INFORMATION: The project consists of a Base Bid and one (1) Additive AItemate. The City received proposals from seven (7) bidders on November 8, 2000. The bids ranged as follows: Base Bid = $27,340.00 to $82,900.00 Additive Alternate No. 1 =$800.00 to $8,000.00 JSJ Services, Inc. of Corpus Christi, Texas is the low bidder on the total of the Base Bid amount of $27,340, plus the Additive Alternate for a grand total amount of $28,140. JSJ Services, inc. submitted two bids. The first bid was submitted in error as it did not include a Bid Bond and is therefore considered Nonresponsive. The second bid submitted by JSJ Services, Inc. complies with all specifications of the bidding process. The references of JSJ Services, Inc. have been checked by the City's consultant, Shiner, Moseley and Associates, Inc. The City's consultant, Shiner, Moseley and Associates, Inc. and City staff recommend contract award of the Base Bid and Additive Alternate in the amount of $28,140 to JSJ Services, Inc. CONTRACT TERMS: The contract specifies that the project will be completed in 45 calendar days, with completion anticipated by the end of February, 2001. FUNDING: Funds for this project are available in the Federal/State Grants Fund and FY 2000-2001 Water Operating Budget. Page 2 of 2 125 O. N. STEVENS WATER TREATMENT PLANT POLL"RVOG POND BIRD WATCHING SANCTUARY Project No. 8365 Project Budget November 8, 2000 FUNDS AVAILABLE: Federal/State Grants Fund (Coastal Bend Bays & Estuary Program).. $50,000.00 Federal/State Grants Fund (Water Division) ......................................... 25,000.00 Water Commercial Paper (550920-4475-00000-180130) ..................... 3,750.00 Total .......................................................................................................$78,750.00 FUNDS REQUIRED: Construction (JSJ Services) ..................................................................$28,140.00 Contingencies (10%) .............................................................................2,814.00 Consultant (Shiner, Moseley and Associates, Inc.) ............................... 6,364.00 Major Projects Activity ...........................................................................2,000.00 Construction Inspection Activity ............................................................4,500.00 Testing (Trinity Engineering Testing Corp.) ........................................... 3,750.00 Printing ..................................................................................................500.00 Advertising .............................................................................................500.00 Total .......................................................................................................$48,568.00 Funds Remaining ..................................................................................$30,182.00 126 \ Mproject \ councilexhibits \ exh8365,dwg 62¢ WATER TREATIIENT PLANT < O.N. STEVENS W.T.P. East / West Lagoon Area POLLYWOG POND BIRD WATCHING SANCTUARY AmES I I =. LOCATION MAP NOT TO SCALE NUECES BAY N CORPUS CHRISTI BAY WEST LAGOON WATER TREATMENT PLANT WEST ~ACOON 2 WEST LAGOON 2- PROPOSED KIOSK POND ~ pROpOSED CAMERABUNDI PROPOSED BOARDWALK LAGOON UP RtVER PROJECT # 8365 POLL YWOG POND iMPROVEMENTS NOT TO SCALE EXHZBZT 'C" O.N. STEVENS W.T.P. Sludge Lagoons and Presedlmentatlon Basln Rehabilitation: Pollywog Pond Zmprovemel~Es CZTY COUNCIL EXHZBZT PAGE: I of 1 DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTY, TEXAS o~r~: ./09/2000 N W DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P. E., Director of Engineering Services DATE: Wednesday, November 8, 2000 ENGINEER'S ESTIMATE: $79,000.00 Page 1 of 3 TIME OF COMPLETION: 45 Calendar Days O. N. Stevens Water Treatment Plant JSJ Services, Inc. Four -Star Design & Const. Isensee Construction Sludge Lagoons and Presedimentation Basin Rehabilitatn: 8601 Up River Road 730 Quetzal Street 746 Princess Pollywog Pond Improvements Corpus Christi, TX 78409 Corpus Christi, TX 78418 Corpus Christi, TX 78410 Project No. 8365 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1. Timber Boardwalk, including limber 1 LS 19,140.00 34,500.00 34,500.00 lumber (0.6 CCA), concrete, etc., complete in place per LS. 2. Information Kiosk, including preman- 1 LS 5,800.00 7,750.00 13,750.00 ufactured structure, concrete slab, etc., complete in place per LS. 3. Birdwatching Observation Blind, 1 LS 2,400.00 2,500.00 2,750.00 including lumber (0.6 CCA), etc., complete in place per LS. TOTAL BASE BID 27,340.00 44,750.00 51,000.00 1. Resurface berms with sand cap, 200 CY 800.00 4,900.00 8,000.00 complete in place per CY. TOTAL BASE BID PLUS ADDITIVE ALTERNATE NO. 1 28,140.00 49,650.00 59,000.00 H:\HOME\V ELMAR\GEN\WATER10NS10365\BIDTAB. WB2 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: 'Angel R. Escobar, P. E., Director of Engineering Services DATE: Wednesday, November 8, 2000 ENGINEER'S ESTIMATE: $79,000.00 Page 2 of 3 TIME OF COMPLETION: 45 Calendar Days O. N. Stevens Water Treatment Plant Bracco Construction Reese Contracting, Inc. R. S. Black Civil Engr. Sludge Lagoons and Presedimentation Basin Rehabilitatn: 4722 Neptune St. P. O. Box 8352 P. O. Box 6385 Pollywog Pond Improvements Corpus Christi, TX 78405 Corpus Christi, TX 78468 Corpus Christi, TX 78466 Project No. 8365 DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1. Timber Boardwalk, including timber 1 LS 49,760.00 61,000.00 71,900.00 lumber (0.6 CCA), concrete, etc., complete in place per LS. 2. Information Kiosk, including preman- 1 LS 10,500.00 6,000.00 8,000.00 ufactured structure, concrete slab, etc., complete in place per LS. 3. Birdwatching Observation Blind, 1 LS 3,851.00 4,000.00 3,000.00 including lumber (0.6 CCA), etc., complete in place per LS. TOTAL BASE BID 64,111.00 71,000.00 82,900.00 1. Resurface berms with sand cap, 200 CY 5,600.00 6,000.00 6,250.00 complete in place per CY. TOTAL BASE BID PLUS ADDITIVE ALTERNATE NO. 1 69,711.00 77,000.00 89,150.00 HAHOMEWELMAR�OENkWATER\ONB%8366%BIDTAB. WB2 DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY:'Angel R. Escobar, P. E., Director of Engineering Services DATE: Wednesday, November 8, 2000 ENGINEER'S ESTIMATE: $79,000.00 Page 3 of 3 TIME OF COMPLETION: 45 Calendar Days O. N. Stevens Water Treatment Plant JSJ Services, Inc. Sludge Lagoons and Presedimentation Basin Rehabilitatn: 8601 Up River Road Pollywog Pond Improvements Corpus Christi, TX 78409 Project No. 8365 NOTE NO.1 DESCRIPTION CITY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1. Timber Boardwalk, including timber 1 LS 19,140.00 lumber (0.6 CCA), concrete, etc., complete in place per LS. 2. Information Kiosk, including preman- 1 LS 5,800.00 ufactured structure, concrete slab, etc., complete in place per LS. 3. Birdwatching Observation Blind, 1 LS 2,400.00 including lumber (0.6 CCA), etc., complete in place per I.S. TOTAL BASE BID 27,340.00 1. Resurface berms with sand cap, 200 CY 800.00 complete in place per CY. TOTAL BASE BID PLUS ADDITIVE ALTERNATE NO.1 28,140.00 NOTE NO. 1 - initial bid submitted by JSJ Services, Inc. did not include Bid Bond and is considered Nonresponsive. ! i AGENDA MEMORANDUM DATE: October 31, 2000 SUBJECT: AMENDMENT NO. 3 - O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 and Wash Water System AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 for Stage 2 services to the engineering contract in the amount of $1,640,814 with Smith, Russo & Mercer Consulting Engineers for the O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 and Wash Water System project. ISSUE: The Preliminary Phase of the proposed project is complete. The City's Consultant, Smith, Russo & Mercer Consulting Engineers, is ready to begin Stage 2 services, including design, bid, and construction services. FUNDING: Funds for this project are available in the FY 2000-01 Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Water Superintendent '~e~R~.Escobar, P.E., /¢~'/'~ Director of Engineering Services Additional Support Material: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Background Information Contract Summary and Fee Schedule Preliminary Project Budget Location Map Estimated Timeline 131 BACKGROUND INFORMATION SUBJECT: AMENDMENT NO. 3 - O. N. Stevens Water Treatment Plant High Service Pump Building No. 2 and Wash Water System PRIOR COUNCIL ACTION: 1. December 14. 1999 - Motion authorizing the City Manager, or his designee, to execute Stage 1 of an engineering services contract in the amount of $143,000 with Smith, Russo & Mercer Consulting Engineers for the O. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects (Motion No. 99-422). May 9, 2000 - Motion authorizing the City Manager, or his designee, to execute Amendment No. I to the engineering services contract with Smith, Russo & Mercer Consulting Engineers in the amount of $214,100 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects (Motion No. M2000-135). PRIOR ADMINISTRATIVE ACTION: 1. September 22, 2000 - Amendment No. 2 to the engineering services contract with Smith, Russo & Mercer Consulting Engineers in the amount of $14,000 for the O. N. Stevens Water Treatment Plant Additional Pump for High Service Pump Building No. 2 and Wash Water System projects. FUTURE COUNCIL ACTION: Approval of four (4) required construction contracts. PROJECT DESCRIPTION: The project was approved by Council as part of the FY2000-01 Capital Budget. The project consists of four (4) construction contracts for operation improvements at the O. N. Stevens Water Treatment Plant as follows: Amendment No. 1: ' 1. Wash Water System Phase I - Rehabilitation of Filters 1-22; Amendment No. 3: 2. Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (WVV-FW); 3. Wash Water System Phase 3 - Elevated Tank; and 4. Additional Pump for High Service Pump Building No. 2 Pump Modifications. 132 Additional pumping capacity is needed to meet projected demand; and upgrade of the wash water system is needed to improve system reliability and allow continued efficient operation of the facility. The original contract (Stage 1 ) provided for the completion of preliminary engineering necessary to determine the improvements and sequencing of construction. The complexity of the treatment process and need to ensure continued operation of the treatment plant required the completion of the following: A hydraulic evaluation; Analysis of existing and proposed pumping capacity; Pump evaluation and recommendations; and An evaluation of proposed construction sequencing. The original contract provided for the results of Stage 1 to form the basis of the Stage 2 services and Amendment No. 1. Amendment No. 1 allows the City to proceed with preparation of plans, specifications, bid and contract documents necessary to award construction contract No. 1 for Phase 1, Rehabilitation of Filters 1-22. Amendment No. 1 also provided engineering services to ensure coordination of construction, continuous operation of the O. N. Stevens Water Treatment Plant, and construction inspection services. Amendment No. 2 provided for two (2) hydraulic profiles. The profiles are part of the Phase 1 project, Rehabilitation of Filters 1-22, and are a supplement to the Engineering Study and Report. The profiles consist of the plant treatment trains, beginning with the presedimentation basin and ending with the High Service Pump Buildings. The profiles also include proposed and future treatment including the 60-inch drain line, clari~ers and sludge thickener weir elevations. Amendment No. 1 and Amendment No. 2 will result in construction contract No. 1 for Phase 1, Rehabilitation of Filters 1-22. Plans, specifications, bid and contract documents are complete and this project is scheduled to bid December 6, 2000. The Wash Water System Phase I project, Rehabilitation of Filters 1-22, is required to meet upcoming Intedm Enhanced Surface Water Treatment Rules (IESWTR)which become effective December 16, 2001. Completion of this project will improve the cleaning process of the filters which assist Plant personnel in meeting IESWTR. The project is scheduled for completion May, 2002 (See Exhibit "E" - Estimated Timeline). AMENDMENT NO. 3 The proposed Amendment No. 3 is for Stage 2 services for Design Phase, Bid Phase, and Construction Phases services for an Additional Pump to be located 133 at the High Service Pump Building No. 2 and improvements to the Wash Water System Phase 2 and 3. Amendment No. 3 will be accomplished in three (3) construction contracts: Wash Water System Phase 2 - Filter Drain, Yard Piping. Wash Water Filter to Waste - improvements include construction of a filter drain, yard piping, and wash water filter to waste system to improve wash water system efficiency by incorporating remote control of the system. Completion of this project will meet Disinfection/Disinfection Byproducts Rules, Interim and Long-Term Enhanced Surface Water Treatment Rules, and proposed Filter Back Wash Rules as set by the U. S. Environmental Protection Agency (EPA) which become effective May, 2005. This project is scheduled to bid September, 2001; and scheduled for completion June, 2003 (See Exhibit "E" - Estimated Timeline); Wash Water System Phase 3 - Elevated Tank - the water to backwash all of the filters at the O. N. Stevens Water Treatment Plant is provided by an elevated wash water tank which is located north of Filter Plant No. 1. The wash water tank was originally constructed in 1954, has a volume of approximately 300,000 gallons, and requires replacement for operating efficiency. This project is scheduled to bid September, 2001; and scheduled for completion January, 2003 (See Exhibit "E" - Estimated Timeline); and Additional Pump for High Service Pump Building No. 2 - improvements to the High Service Pump Building No. 2 includes one additional pump with a variable frequency ddve and retro~tting to the existing three (3) eddy current clutch pump and motor units. Completion of this project will improve the overall plant efficiency and lower pumping cost by removing the eddy clutch units and replacing them with direct coupled motors. Upon completion of the 60-inch water transmission line, the improvements made to the High Service Pump Building No. 2 will be able to supply most of the water demand as it exists today. Use of High Service Pump Building No. 1 will be required only during times of peak demand periods. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B". FINAL PRODUCT: Stage 2 services will result in needed design and construction improvements to the O. N. Stevens Water Treatment Plant. Stage 1 and Stage 2 services will complete four (4) construction projects and will result in the following improvements: installation of replacement new filter media in Filters 1-22 in accordance with Montgomery Watson Americas Filter Media Evaluation Report; installation of under drain system that is compatible with air scour in Filters 13-22; installation of air scour piping and manual controls in Filters 13-22; Page 3 of 4 134 4. relocation of air scour piping in Filters 1-12 to prevent cross connections; 5. installation of new rate of flow control valve for backwashing; 6. replacement of with new differential pressure across the filter system; 7. demolition of existing 8-inch water line in Filters 13-22; 8. demolition of existing surface wash system in Filters 13-22; 9. update four (4) piping instrumentation diagrams (P&ID's); 10. installation of electrical for new air scour piping valves; 11. design modifications to the existing High Service Pump Building No. 2; 12. design modifications to the existing pumps discharge valves; 13. design the addition of a new motor with adjustable frequency drive, and a new pump, valves, suction piping, discharge piping, and foundation for same; 14. design the replacement of flow meters on existing pumps; 15. design the installation of new controls and monitoring equipment 16. design the installation of a data transmission line from High Service Pump Building No. 1 and 2 to SCADA system; 17. design the installation of High Service No. 1/Wash Water Supply Motor Control Center (MCC) that includes reconnecting to High Service Pump Building No. 1; 18. design the installation of High Service No. 2 MCC and High Service No. 2 MCC in accordance with the Facility Optimization Plan; 19. design electrical conduits, cimuits, and switchgear to service all loads (pumps, valves, lighting, etc.) In High Service Pump Buildings No. 1 and No. 2; 20. design interface between altemate power supply and each MCC; 21. design plan for demolition of existing electrical switch gear; 22. design SCADA system so that the automatic control and/or indication can be achieved at the following locations per the Engineering Study and Report: B. C. D. E. F. G. wash water supply pump station; elevated storage tank and ROFC valve; filter to waste valves; turbidity analyzers; air scour valves; finished water valves; and wash water recycle pump station. H:~HOMBVELMAI~GEN~WATER\ONS',8277~AMD3'.AGENDA.BKG 135 AMENDMENT NO. 3 CONTRACT SUMMARY O. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE PUMP BUILDING NO. 2 AND WASH WATER SYSTEM STAGE 2 1. SCOPE OF PROJECT Additional pumping capacity is needed to meet projected demand; and upgrade of the wash water system is needed to improve system reliability and allow continued efficient operation of the facility. The scope of the project will be as per the Engineering Study and Report. Multiple (3) construction contract packages are to be designed as follows: 1. O.N. Stevens Water Treatment Plant High Service Pump Building No. 2 Pump Modifications 2. O.N. Stevens Water Treatment Plant Wash Water System, Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste 3. O.N. Stevens Water Treatment Plant Wash Water System, Phase 3 - Elevated Tank 2. SCOPE OF SERVICES Smith, Russo & Mercer Consulting Engineers will perform all design services necessary to review and prepare plans, specifications, and bid and contract documents; and provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit A and A-1 of the Contract, to comptete the Project. Work will not begin on Additional Services until requested by Smith, Russo & Mercer Consulting Engineers and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULES HIGH SERVICE PUMP BUILDING NO. 2 PUMP MODIFICATIONS {PROJECT NO. 8277} Wednesday Completed Begin Preliminary Phase Monday December 4, 2000 Begin Design Phase Friday March 30, 2001 60% Submittal Friday April 27, 2001 City Review (30 days/4 weeks) Friday June 8, 2001 90% Submittal Friday July 6, 2001 City Time Friday July 20, 2001 Final Submittal Monday (2) July 30, 2001 Advertise for Bids Wednesday August 8, 2001 Pre-Bid Conference Wednesday August 22, 2001 Receive Bids Tuesday Not Applicable Let Date by TxDOT Monday November 5, 2001 Begin Construction Weekday December, 2002 Construction Completion H:\HOME~VELMAR\GEN\WATER\ONS\8277~AMD3\CONTRACTSUMMARY,DOC 136 Wednesday Monday Friday Friday Friday Friday Friday Monday (2) Wednesday Wednesday Tuesday Monday Weekday WASH WATER SYSTEM PHASE 2 FILTER DRAIN, YARD PIPING. WASH WATER FILTER TO WASTE (PROJECT NO 8375) Completed December 4, 2000 April 6, 2001 May 4, 2001 July 13, 2001 August 10, 2001 September 7, 2001 September 17, 2001 October 10, 2001 October 24, 2001 Not Applicable January 2, 2002 June, 2003 Begin Preliminary Phase Begin Design Phase 60% Submittal City Review (30 days/4 weeks) 90% Submittal City Time Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Let Date by TxDOT Begin Construction Construction Completion Wednesday Monday Friday Friday Friday Friday Friday Monday (2) Wednesday Wednesday Tuesday Monday Weekday WASH WATER SYSTEM PHASE 3 ELEVATED TANK (PROJECT NO, 8376) Completed May 7, 2001 June 22, 2001 July 13, 2001 August 3, 2001 August 24, 2001 September 7, 2001 September 17, 2001 October 10, 2001 January 9, 2002 Not Applicable May 6, 2002 January, 2003 Begin Preliminary Phase Begin Design Phase 60% Submittal City Review (30 days/4 weeks) 90% Submittal City Time Final Submittal Advertise for Bids Pre-Bid Conference Receive Bids Let Date by TxDOT Begin Construction Construction Completion 4. FEES Fee for Basic Services. The City will pay the Engineer a fixed fee for providing for all "Basic Services" authorized as per the following table. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outJined above, and for all expenses incurred in performing these services. For services provided, Engineer will submit monthly statements for basic services rendered. The statement will be based upon Engineer's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in the Construction Phase, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to Engineer's monthly statements. Be Fee for Additional Services. For services authorized by the Director of Engineering Services, the City will pay the Engineer a not-to-exceed fee as per the following table: Page 2 of 3 H:\HOMEWELMAR\GEN\WATER\ONS~8277~AMD3\CONTRACTSUMMARy. DOC 1~7 O. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE PUMP BUILDING NO. 2 (PROJECT NO. 8277) WASH WATER SYSTEM (PROJECT NO. 8278) Project No. 8277 ONSWTP High Service Pump Building No. 2 Pump Modifications Project No. 8278 ONSWTP Wash Water System Phase 1 - Filters 1-22 Rehabilitation Project No. 8375 ONSWTP Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (WW -FW) Project No. 8376 ONSWTP Wash Water System Phase 3 - Elevated Tank H:\HOME\VELMAR\GEN\WATER\ONS\8278\AMD3\FEESSOMMARY.XLS ORIGINAL AMD. NO. 1 AMD. NO. 2 AMD. NO. 3 - Stage 2 CONTRACT Filters 1-22 Hydraulic High Svc. Fitr. Drain, Yard Elevated Stage 1 Rehab. Profiles Pump Bid. 2 Pipg, WW -FW Tank Phase 1 Pump Mod. Phase 2 Phase 3 Proj. No. 8277 Stage 2 Proj. No. 8277 ------------------ ------------------- --------------------- Total TOTAL and 8278 Proj. No. 8278 and 8278 Proj. No. 8277 Proj. No. 8375 Proj. No. 8376 Amd. No. 3 CONTRACT Basic Services, Preliminary Phase $143,000.00 ($3,000.00) $0.00 $0.00 $0.00 $0.00 $0.00 $140,000.00 Design Phase 0.00 116,000.00 14,000.00 387,609.00 597,708.00 28,000.00 1,013,317.00 1,143,317.00 Bid Phase 0.00 5,000.00 0.00 11,790.00 11,715.00 2,000.00 25,505.00 30,505.00 Construction Phase 0.00 34,700.00 0.00 58,785.00 100,655.00 7,000.00 166,440.00 201,140.00 Subtotal Basic Services $143,000.00 $152,700.00 $14,000.00 $458,184.00 $710,078.00 $37,000.00 $1,205,262.00 $1,514,962.00 w Ari'ditional Services: Permitting $0.00 $0.00 $0.00 $6,226.00 $5,636.00 $0.00 $11,862.00 $11,862.00 Inspection Services 0.00 54,000.00 0.00 83,750.00 172,000.00 20,000.00 275,750.00 329,750.00 Warranty 0.00 7,400.00 0.00 12,940.00 12,100.00 2,000.00 27,040.00 34,440.00 SCADA and P&ID's 0.00 0.00 0.001 28,810.00 92,090.00 0.00 120,900.00 120,900.00 Subtotal Additional Services $0.00 $61,400.00 $0.00 $131,726.00 $281,826.00 $22,000.00 $435,552.00 $496,952.00 Summary of Fees: Basic Services Fees $143,000.00 $152,700.00 $14,000.00 $458,184.00 $710,078.00 $37,000.00 $1,205,262.00 $1,514,962.00 Additional Services Fees 0.00 61,400.00 0.00 131,726.00 281,826.00 22,000.00 435,552.00 496,952.00 Total $143,000.00 $214,100.00 $14,000.00 $589,910.00 $991,904.00 $59,000.00 $1,640,814.00 $2,011,914.00 Project No. 8277 ONSWTP High Service Pump Building No. 2 Pump Modifications Project No. 8278 ONSWTP Wash Water System Phase 1 - Filters 1-22 Rehabilitation Project No. 8375 ONSWTP Wash Water System Phase 2 - Filter Drain, Yard Piping, Wash Water Filter to Waste (WW -FW) Project No. 8376 ONSWTP Wash Water System Phase 3 - Elevated Tank H:\HOME\VELMAR\GEN\WATER\ONS\8278\AMD3\FEESSOMMARY.XLS PRELIMINARY PROJECT BUDGET O. N. STEVENS WATER TREATMENT PLANT HIGH SERVICE PUMP BUILDING NO. 2 PUMP MODIFICATIONS (8277) WASH WATER SYSTEM PHASE 1 o FILTERS l-22 REHABILITATION (8278) WASH WATER SYSTEM PHASE 2 - FILTER DRAIN, YARD PIPING, WASH WATER FILTER TO WASTE (8375) WASH WATER SYSTEM PHASE 3 - ELEVATED TANK, PHASE 3 (8376) November 8, 2000 FUNDS AVAILABLE: FY 2000-2001 Water Commercial Paper Fund (4475-180390) (8277) ........................................ FY 2000-2001 Water Commercial Paper Fund (4475-180410) (8278) ........................................ FY 2000-2001 Water Commercial Paper Fund (4475-180411 ) (8375) ........................................ FY 2000~2001 Water Commercial Paper Fund (4475-180412) (8376) ........................................ $3,949,902.00 6,066,835.00 8,344,888.00 814,249.00 Total ..............................................................................................................................................$19,175,874.00 FUNDS REQUIRED: Construction (estimates): High Service Pump Building No. 2 Pump Modifications ................................ Wash Water System, Phase 1 (Filters I-22 Rehab.) .................................... Wash Water System, Phase 2 (Filter Drain, Yard Piping, etc.) ..................... Wash Water System, Phase 3 (Elevated Tank) ............................................ $2,890,000.00 5,000,000.00 6,511,000.00 650,000.00 Total Construction (estimate) ........................................................................................................$15,051,000.00 Contingencies (10%) .....................................................................................................................1,505,100.00 Consultant (Smith, Russo & Mercer Consulting Engineers) .........................................................2,011,914.00 Administrative Reimbursements ...................................................................................................150,5t0.00 Major Projects Activity ...................................................................................................................190,000.00 Construction Inspection Activity ....................................................................................................248,350.00 Testing ..........................................................................................................................................15,000.00 Printing ..........................................................................................................................................2,000.00 Advertising ....................................................................................................................................2,000.00 Total .............................................................................................................................................$19,175,874.00 139 \ Mproject \ councilexhibits \ exh82 7 7a.dwg 624 O.N. STEVENS WATER TREATMENT PLANT 13101 UP RIVER ROAD NUECES BAY N LOCATION MAP NOT TO SCAL~ CORPUS CHRISTI BAY UP RIVER ROAD D~i'RANCEI'i~D LHACK ' CP&L ' ' ELEVAI~:~__ , WASH? WA"~RS BSTATli~~ O/4~MN"I 1.. um m I HOLDING TAN~'~ i BOOSTER PUMP """' l"""""'"""' ' / LEAR:; PROdECT # 8277 BUILDING No. 2 PLAN V_rEW O.N. STEVENS WATER TREATMENT PLANT NOT TO SCALE EXHIBIT "D" Stevens Plant Additional Pump CITY COUNCIL EXHIB_TT for Hlgh Servlce Pump Bldg. No. 2 DEPARTMENT OF ENGINEERING SERVICES / Stevens Plant Wash Water System PAGE: 1 of 4 /03/2 CITY OF CORPUS CHRISTI, TEXIS 140 DATE: 11 000 \ Mproject \ councilexhibits \ exh82 78o.dwg 624 O.N. STEVENS WATER TREATMENT PLANT 13101 UP RIVER ROAD NUECES BAY LOCATZON MAP NOT TO S~ N CORPUS CHRISTI BAY UP RIVER ROAD SHACK ELEVATED WASH HOLDING TANK, PROJECT # 8278 CP&:L SUBSTATION ,~ Q BOOSTER PUMP rl E}''STATION  HI SERVICE PUMP CLEARWE i//1 BUILDING No. I FILTER BUILDING WASH HOLDING CLEARWELL g/2 -- 10 MG HI SERVICE PUMPJ BUILDING No. 2 PLAN V.Z'EW O,N. STEVENS WATER TREATMENT PLANT NOT TO SCALE EXHZBZT "D" Stevens Plant Wash Water System Filters 1-22 Rehabilitation, Phase 7 C~ OF CORPUS CHRI~. TEXAS 141 CZTYCOUNCZL EXHZBiT DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 Of 4 DATE: 11/03/2000 \ Mproject \ councilexhibits \ exh8375a.dw~ 524 O.N. STEVENS WATER TREATMENT PLANT ~3f01 UP RI~ER ROAD NUECES BAY LEGEND WASTEWATER UNE WATER LOCATION MAP NOT TO SCALE * TREA~ ELEVATED i~ D AUTHORI~f PUMP STATION _ L. ~~~ ~iij~ i i~P ~' D~NUNE CORPUS CHRISTI BAY PROJECT # 8375 PARTZAL PLAN VZEW O.N, STEVENS WATER TREATMENT PLANT EXHZBZT "D" Stevens Plant Wash Water System Filter Drain, Yard Pipin Wash Water Filter to Waste (~-FW), Phase 2 142 CZTY COUNCZL EXHZBZT PAGE: 3 Of 4 DEPARTMENT OF ENGINEERING SERV1CES CITY OF CORPUS CHRISll, TEXAS DATE: 11/03/2000 \ Mproject \ councilexhibits \ exh8376. dwg 624 O.N. STEVENS WATER TREATMENT PLANT 13101 UP RIVER ROAD NUECES BAY N LOCATION MAP NOT TO S~ CORPUS CHRISTI BAY UP RIVER ROAD D~I~ICE~_.~UARD S~.~K ;~ Tp,e,L PROPOSED ELEVATED TANK HI SERVICE PUMP BUILDING No. 2 PLAN VIEW O.N. STEVENS WATER TREATMENT PLANT NOT TO SCALE PROJECT # 8376 EXHIBIT "D" Stevens Plant Wash Water System Elevated Tank, Phase 3 Ci7~' OF CORPUS CHRISTI, TEXAS 143 CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 4 Of 4 DATE: 11/03/2000 A ONSWTP: ESTIMATED TIMEFOR MULTIPLE PROJECTS ADDITIONAL PUMP FOR HSPS No. 2 (Project No. 8277) and WASH WATER SYSTEM Project No.(8278) ID Task Nana I Dualim Slat Fidan1 IL 02 1/ 1107 1/03 y03 4/07 5/03 &03 1101 2101 3/Ot 4101 5101 eio1 7/01 6101 9/011010111/0112101 1/02 1/02 SO2 4/02 5107 &02 7/02 &02 & 1&0210 12/02 i DESCRIPTION: 1. HSPB 62 A. Design B. Bid C. Construction 2. WW - F/W A. Design B. Bid C. Construction 3. Elevated Tank A Design R. Bid C. Construction 4. Filter Replacement A. Bid B. Construction 971 days Wad 1111100 663 days Wed 1111100 149.38 days; Wed 1111/OD 88.30 days Mon 4/2/011 420 days Mon 7/2/01 971 days Wed 1111100 303 days Wed 1111/00 90.38 days Sat 911/01 578 days Set 1211101 609 days Fr1611101 914ays Fd 6/1/01 152 days Sal 9/1/01 275 days Wed 5/1/02 679 days Wad 11H100 91 days Wed11/1100 484 days Thu 211101 Mon 8130103 Mon 8126102 Fri 3130101 Fd 8/29/01 Mon 0/28/02 Mon 6/30103 Fd 8131/01 Fri 11/30/01 Mon 6/30103 Fri 1131103 Fri 8/31/01 Thu 1/31!02 Fri 1131103- Fd 9131102 Wed1131101 Fd 5131102 7. :: '-,' ... .. ... 1...;; -�—- , - -�- 2 3 4 5 7 e a 10 12 t3 u 15 1e 17 18 tB Pmlad: E1391_E1392 Dare: Tue 10124100 Tom' Pwamy Mild" Summary ♦ Rdled lip Task ' -"�'1 Rdled UP P109mat Edema/Task$ - - ^ Rdledl.p MlMme,. Split Project Summary �._. Pop I CITY COUNCIL AGENDA MEMORANDUM November 14, 2000 AGENDA ITEM: A. Ordinance authorizing the City Manager, or Designee, to execute a twenty five year lease with Texas A&M University-Corpus Christi (TAMU-CC) of a 71,351.28 square foot tract of land constituting City owned right-of-way fronting Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation of a public beach and payment of an annual rental rate of one dollar; providing for publication. B. Ordinance authorizing the City Manager, or Designee, to execute an eleven month construction easement with Texas A&M University-Corpus Christi (TAMU-CC) of a 16,639.92 square foot tract of land constituting City owned right-of-way fronting Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation of a public beach and payment of an annual rental rate of one dollar; providing for publication. ISSUE: Texas A&M University-Corpus Christi (TAMU-CC)has received funding approval from the General Land Office (GLO) for approximately $1.9 million to construct a major beach in Corpus Christi Bay immediately in front of the TAMU-CC campus. This beach will be protected by a series of breakwaters (see attached map). In order to construct the beach, TAMU-CC needs both a long-term lease of excess City right- of-way along Ocean Drive adjacent to the beach (Tract A) and an additional temporary lease of a construction easement (Tract B) (See attached legal description and maps). Only the Council can lease City property, therefore City Council approval is needed. CONCLUSION AND RECOMMENDATION: Staff recommends that the Council approve both the long-term 25-year lease and a short-term construction easement in favor of TAMU-CC both for $1 per year. This lease will allow TAMU-CC to use the land lease value as part of their local match for the GLO grant. In return, TAMU-CC will allow the newly constructed beach to be a public beach to be open to all of our citizens. An additional beach in this particular location should be a major draw and should provide an excellent additional activity for the citizens of Corpus Christi. We recommend approval of the two leases. W. Thomas Utter Assistant City Manager Attachments: Leases Map 145 TRACT A TEXAS A&M UNIVERSITY-CORPUS CHRISTI PROPOSED BEACH LEASE AREA STATE OF TEXAS COUNTY OF NUECES BEING A 71,351.28 SQUARE FOOT (1.638 ACRES) TRACT OF LAND WHICH CONSTITUTES A PORTION OF WARD ISLAND, CORPUS CHRISTI, NUECES COUNTY, TEXAS, A PORTION OF THE LAND DESCRIBED BY JUDGEMENT No. 86,835-A 28TM DISTRICT COURT AND RECORDED IN VOLUME 857, PAGE 633 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, SAID 71,351.28 SQUARE FOOT TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING at a 10 inch by 10 inch concrete post with standard U.S. Coast and Geodetic Survey disk stamped "Callo 2 1963", said disk being generally located 1.6 miles northwest along Ocean Drive of the north gate of the Corpus Christi Naval Air Station and 66.5 feet southwesterly of the cente~ine of Ocean Drive; THENCE N64 °28'04"W a distance of 1031.35' to a Found 1" Diameter Iron Pipe at the intersection of the southwest fight-of-way line of 90' wide Ocean Drive and the most easterly line of said Ward Island as originally described in Deed recorded in Volume 542, Page 354 of the Deed Records of Nueces County, Texas; THENCE N67 °14'41 "W a distance of 560.06' to a Found 5/8" Iron Rod at the northwest comer of Lot 4, Block 1, Ward Island as Recorded in Volume 47, Page 219 of the Map Records of Nueces County, Texas; THENCE N67°lY17"W a distance of 70.02' to a Found 1" Diameter Iron Pipe at the noahwest - comer of Lot 2, Block 1, Ward Island as Recorded in Volume 47, Page 219 of the Map Records of Nue~es County, Texas; THENCE N67° 14'07"W a distance of 490.18' to a Point on the southwesterly right-of-way line of said Ocean Drive; THENCE N22 °45'5Y'E, crossing said Ocean Drive, a distance of 90.00' to a Set 5/8" Iron Rod with Orange Plastic Cap stamped "City of Corpus Christi, Texas" and being the POINT OF BEGINNING OF THIS TRACT; THENCE N67°14'07"W a distance of 1495.14' to a Set 5/8" Iron Rod with Orange Plastic Cap stamped "City of Corpus Christi, Texas" and being the most westerly comer of this tract; 147 THENCE N22°45'5Y'E a distance of 53.35' to a Point on the remains of a wood seawall, being tl~e Mean Hio~ Water Line of Corpus Chxisti Bay and the southwesterly line of Submerged Area Tract 78 as surveyed by Gary A. JeffTess, R.P.L.S. and C. B. Thomson, R.P.L.S., L.S.L.S. during March through May, 2000; THENCE S67 ° 15 '09"E along said remains of a wood seawall and Mean High Water Line of Corpus Christi Bay a distance of 284.96' to a Point on said seawall; THENCE S67 °10'40"E continuing along said remains of a wood seawail and Mean High Water Line of Corpus Christi Bay a distance of 297.99' to a Point on said seawall; THENCE S67 ° 12'50"E continuing along said remains of a wood seawall and Mean High Water Line of Corpus Christi Bay a distance of 287.35' to a Point on said seawall; THENCE S64°31'01 "E continuing along said remains of a wood seawall and Mean High Water Line of Corpus Christi Bay a distance of 407.28' to a Point on said seawall; THENCE S67 °16'29"E continuing along said remains of a wood seawall and Mean High Water Line of Corpus Christi Bay a distance of 218.02' to a Point on said seawall; THENCE S22°45'53"W a distance of 33.86' to the POINT AND PLACE OF BEGINNING and containing 71,351.28 square feet (1.638 acres) of land. u~ssell D. Ochs, R.P.L.S. #5241 148 149 TRACT B TEXAS A&M UNIVERSITY-CORPUS CHRISTI PROPOSED TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS COUNTY OF NUECES BEING A 16,639.92 SQUARE FOOT (0.382 ACRE) TRACT OF LAND WHICH CONSTITUTES A PORTION OF WARD ISLAND, CORPUS CHRISTI, NUECES COUNTY, TEXAS, A PORTION OF THE LAND DESCRIBED BY JUDGEMENT No. 86,835-A 28TM DISTRICT COURT AND RECORDED IN VOLUME 857, PAGE 633 OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, SAID 16,639.92 SQUARE FOOT TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING at a 10 inch by 10 inch concrete post with standard U.S. Coast and Geodetic Survey disk stamped "Callo 2 1963", said disk being generally located 1.6 miles northwest along Ocean Drive of the noah gate of the Corpus Christi Naval Air Station and 66.5 feet southweste~y of the centerline of Ocean Drive; THENCE N64°28'04"W a distance of 1031.35' to a Found 1" Diameter Iron Pipe at the intersectior of the southwest right-of-way line of g0' wide Ocean Drive and the most easterly line of said Ward Island as originally described in Deed recorded in Volume 542, Page 354 of the Deed Records of Nueces County, Texas; THENCE N67°14'41"W a distance of 560.06' to a Found 5/8" Iron Rod at the northwest comer of Lot 4, Block 1, Ward Island as Recorded in Volume 47, Page 219 of the Map Records of Nueces County, Texas; THENCE N67°13'17"W a distance of 70.02' to a Found 1" Diameter Iron Pipe at the northwest. comer of Lot 2, Block 1, Ward Island as Recorded in Volume 47, Page 219 of the Map Records of Nueces County, Texas; THENCE N67°14'07"W a distance of 490.18' to a Point on the southwesterly right-of-way line of said Ocean Drive; THENCE N22°45'53"E, crossing said Ocean Drive, a distance of 90.00' to a Set 5/8" Iron Rod with Orange Plastic Cap stamped "City of Corpus Christi, Texas" and being the POINT OF BEGINNING OF THIS TRACT; THENCE N22745'53"E a distance of 33.86' to a Point on the remains of a wood seawall, being the--- Mean High Water Line of Corpus Christi Bay and the southwesterly line of Submerged Area Trac 150 78 as surveyed by Gary A. Jeffress, R.P.L.S. and C. B. Thomson, R.P.L.S., L.S.L.S. during March through May, 2000; THENCE S67° 16'29"E along said remains of a wood seawall and Mean High Water Line of Corpus Christi Bay a distance of 86.18' to a Point on said seawall; THENCE S67 ° 12'20"E continuing along said remains of a wood seawall and Mean High Water Line of Corpus Christi Bay a distance of 406.28' to a Point on said seawall; THENCE S23 °48'34"W a distance of 33.72' to a Point on the northeast fight-of-way line of Ocean Drive (90 feet wide), being the most southerly comer of this easement; THENCE N67° 14'07"W a distance of 491.85' to the POINT AND PLACE OF BEGINNING and containing 16,639.92 square feet (0.382 acres) of land. ~.d,t ~0. o~ ,,-8-00 Russell D. Ochs, R.P.L.S. #5241 151 152 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A TWENTY FIVE YEAR LEASE WITH TEXAS A&M UNIVERSITY-CORPUS CHRISTI (TAMU-CC) OF A 71,351.28 SQUARE FOOT TRACT OF LAND CONSTITUTING CITY OWNED RIGHT-OF-WAY FRONTING OCEAN DRIVE, CONSTITUTING A PORTION OF WARD ISLAND, CORPUS CHRISTI, TEXAS, IN CONSIDERATION FOR THE CREATION OF A PUBLIC BEACH AND PAYMENT OF AN ANNUAL RENTAL RATE OF ONE DOLLAR; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a twenty five year lease with Texas A&M University-Corpus Christi (TAMU-CC) of a 71,351.28 square foot tract of land constituting City owned fight-of-way fronting Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation of a public beach and payment of an annual rental rate of one dollar. SECTION 2. The lease is to begin on the 61s' day after City Council approval. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Bmord00. 124 153 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO GRANT A TEMPORARY CONSTRUCTION EASEMENT FOR A TERM OF ELEVEN MONTHS TO TEXAS A&M UNIVERSITY-CORPUS CHRISTI (TAMU-CC), GOING IN, ON, UNDER, OVER, AND ALONG A CERTAIN 16,639.92 SQUARE FOOT TRACT OF LAND FRONTING OCEAN DRIVE, CONSTITUTING A PORTION OF WARD ISLAND, CORPUS CHRISTI, TEXAS, IN CONSIDERATION FOR THE CREATION OF A PUBLIC BEACH AND PAYMENT OF AN ANNUAL RENTAL RATE OF ONE DOLLAR; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to grant a Temporary Construction Easement for a term of eleven months to Texas A&M University-Corpus Christi (TAMU-CC), going in, on, under, over, and along a certain 16,639.92 square foot tract of land fronting Ocean Drive, constituting a portion of Ward Island, Corpus Christi, Texas, in consideration for the creation of a public beach and payment of an annual rental rate of one dollar. 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr.. Mayor Legal form approved ,2000; James R. Bray, Jr., City Attomey By: Bryn Meredith. Assistant City Attorney Bmord00,125 154 AGENDA MEMORANDUM November 2, 2000 AGENDA ITEM: Motion approving the reimbursement application submitted by Aransas Cliffs Development Company, Ltd., developer of Lots 1-11 and 54-64, Block 16, Lots 1-6 and 59-64, Block 116 and Lots 1-4 and 54-64, Block 216, Port Aransas Cliffs, for the installation of 83 linear feet of an off-site 1 O-inch PVC sanitary sewer collection line; and Ordinance appropriating $14,441.84 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to pay developer reimbursement request for the installation of 83 linear feet of an off-site 10-inch PVC sanitary sewer collection line to develop Lots 1-11 and 54-64, Block 16, Lots 1-6 and 59-64, Block 116 and Lots 1-4 and 54-64, Block 216, Port Aransas Cliffs; and declaring an emergency. ISSUE: Port Aransas Cliffs Development Company, Ltd.,owner and developer of Lots 1-11 and 54-64, Block 16, Lots 1-6 and 59-64, Block 116 and Lots 1-4 and 54-64, Block 216, Port Aransas Cliffs has completed construction of public sanitary sewer improvements to the subject tracts that were platted November 18, 1927. The owner is requesting reimbursement of the installation of an off-site sanitary sewer collection line in accordance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. FUNDING: Funds for the sanitary sewer reimbursement are available from the Sanitary Sewer Collection Line Trust Fund. A~el~.Escoj/~bar, P'E~'r~'~'''' ///.~/,~ Director of Engineering Services A'i'i'ACHMENTS: Exhibit A. Exhibit B. Exhibit C. Background Information Location Map Reimbursement Application 155 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The owner of the subject tracts opted to construct a sanitary sewer collection line to the existing platted lots to enable development to occur on these lots. The total line installed included 883.85 linear feet of 10" PVC in the lower reach and 254.49 linear feet of 8" PVC in the upper reach (See Exhibit "B"). Only an 83-foot reach of the 10- inch sanitary sewer line is eligible for reimbursement as an off-site sanitary sewer collection line in accordance with the Platting Ordinance. The off-site portion of the line extends from its connection to an existing sanitary sewer line on the west side of Santa Fe Street right-of- way, across both the improved Santa Fe Street and unimproved San Antonio Street merging right-of-ways, to the southwest corner of Lot 64, Block 216. An application for reimbursement in the amount of $14,441.84 has been submitted. Typically, reimbursements are made for construction of public improvements in accordance with the Platting Ordinance at the time of platting. The subject tracts are already platted, this having occurred on November 18,1927. In accordance with the provisions of the Platting Ordinance, the Director of Engineering Services (City Engineer) has determined that extension of the collection line will serve the subject tracts and other future developments in the system's service area. The sanitary sewer acreage fee value was calculated as follows: 3.845 acres x $939/acre =$3,610.46. The off-site construction cost was $21,284.46. However, the maximum reimbursement eligibility for this case is established as follows: 50% x $3,610.46 (fee value) x 10 (avg. off-site pipe diameter) - $3,610.46 (fee value not previously collected) = $14,441.84. (See Exhibit "C"). CITY ACCEPTANCE: All work is complete, and the sanitary sewer line improvements have been inspected and accepted by the City for operation and maintenance, II Exhibit A II Page 1 of 1 156 I lo' ss UNE: 'e' PI~ CH~ I0' SS 83 LF 10' OFr.~rl'E SANITARY SEWER (FOR RBMBURSMENT) "SITE" e' pVC:~ LZNE '~' @ / SANffARY SEWER UNE DATA PIPE DIA. LENGTH (FT) 10" 883.85* 8' 254.49 ONLY 83 LF IS OFFSITE AND ELIGIBLE FOR RBMBURSEMENT. C:\B8039\SS-EXB,DV/G LOTS I - 11 AND 54 - 64° BLK 16 LOTS I - 6 AND 59 - 64, BLK 118 LOTS 1 - 4 AND 54 - 64, BLK 216 PORT ARANSAS CUrr~ LOCATION MAP 1' -- 200' DEPT OF ENGINEERING SERVICES PLOT OATE~ 8/25/O0 EXHIBIT 'B' SHELf1' 1 OF 1 157 REIMBURSEMENT APPLICATION AND SUPPORTING DATA OFF-SITE WASTEWATER COLLECTION LINE August 28, 2000 88039REM.APP(sgs) Legal Description: Acreage: Fee Value: Reference: Lots I - 11, and 54 - 64, Block 16, Lots I - 6 and 59 - 64, Block 116, and Lots I - 4 and 54 - 64, Block 216, Port Aransas Cliffs 3.845 $3,610.46 Platting Ordinance - Sanitary Sewer [Collection Line Extension, V.B.6.f.(2)] Maximum Reimbursement Eligibility 50% (avg pipe die. in inches) (Fee Value) = 50% (10')($3,610.46)=- Less Sewer Acreage Fee(fee not paid at ~me of platting) Reimbursement Requested 1. Maximum reimbursement eligibility $18,052.30 31610.46 $14,441.84 $14,441.84 Construction Contract Costs, Off-site Sanitary Sewer ITEM # DESCRIPTION QUANTITY/UNIT 1. 10' PVC Pipe, 10' - 12' CUt 63 LF 2. 10' PVC Pipe, 8' - 10' CUt 10 LF 3. 10' PVC Pipe, 6' - 8' CUt 10 LF 4. Fiberglass Manhole 10' - 12' I EA 5. . Fiberglass Manhale 4' - 6' I EA 6. Pavement Patching 43 SY 7. Traffic COntrol During COnstruction 1 LS UNIT PRICE TOTAL COST $101.50 $6,394.50 71.00 710.00 17.50 175.00 5,200.00 5,200.00 1,450.00 1,450.00 90.00 3,870.00 2,000.00 2~000.00 $19,799.50 7 1/2 % Engineering 1~484.96 $21,284.46 Exhibit C 158 Page 1 of 3 APPLICATION FOR SEWERLINE CREDIT We, Aransas Cliffs Development Company, Ltd., developer of Lots I - 11 and 54 - 64, Block 16, Lots I - 6 and 59 * 64, Block 116 and Lots I - 4 and 54 - 64, Block 216, Port Aran~as Cliffs, hereby apply for $3,610.46 credit towards the sanitary sewer acreage fee for the sanitary sewer collection line extension installed in conjunction with said lots as provided for by City Ordinance No. 17396. 921,284.46 is the construction cost including 71/=% Engineering as shown .... ' (Da pany, Inc., General Partner of Aransas Cliffs Development Company, Ltd. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~1%,~ ~L~' ~ ,2000, by David M. Coovet, Jr., President of Aranses Cliffs Development Company, Inc.. General Partner of Aranses Cliffs DeveloPment Comicany, Ltd., Developer of Lots 1 - 11 and 54 - 64, Block 16, Lots 1 - 6 and 59 - 64, Block 116 and Lots ' ~' MY COMMISSION EXPIRES CERTIFICATION - 4 and 54 - 64, Block 216, Port Aransas Cliffs. Notary Public in and for the State of Texas The information submitted with this application has been reviewed and determined to be correct and a credit of $ 3,610.46 is herewith approved. r ~r'o~f Engineering //~at~e;' (City Engineering) Exhibit C Page 2 of 3 159 APPLICATION FOR SEWERLINE REIMBURSEMENT We, Aransas Cliffs Development Company, Ltd., developer of Lots I - 11, and 54 - 64, Block 16, Lots I - 6 and 59 - 64, Block 116, and Lots I - 4 and 54 - 64, Block 216, Port Aransas Cliffs, hereby request reimbursement in the amount of $14,441.84 for the installation of the sanitary sewer collection line in conjunction with said lots as provided for by the City Ordinance No. 17395. Said $14,441.84 is the construction cost, including 7.5% Engineering, in excess of the acreage fee, as shown by the cost supporting documents attached herewith, subject to the maximum Aransas Cliffs Development Company, Inc., General Partner of Aransss Cliffs Development Company, Ltd. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~. ~C~,~L'F~+' ;;~r~ , 2000, by David M. Coover, Jr., President of Aransas Cliffs Development Company, Inc., General Partner of Aransas Cliffs Development Company, Ltd., Developer of Lots I - 11 and 54 - 64, Block 16, Lots 1 - 6 and 59 - 64, Block 116 and Lots I - 4 and 54 - 64, Block 216, Port Arerises Cliffs. ....... " SANDRA E. NL~H MY COMMISSION EXPIRES Notary Public in and for the State of Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed end determined to be correct. Reimbursement is subject to: sufficiency of funds in the Collection Line Trust Fund (Date) Exhibit C Page 3 of 3 160 ORDINANCE APPROPRIATING $14,441.84 IN THE NO. 4220 SANITARY SEWER COLLECTION LINE TRUST FUND TO PAY THE DEVELOPER REIMBURSEMENT REQUEST OF ARANSAS CLIFFS DEVELOPMENT COMPANY, LTD. FOR THE INSTALLATION OF 83 LINEAR FEET OF AN OFF-SITE 10-INCH PVC SANITARY SEWER COLLECTION LINE TO DEVELOP LOTS 1-11 AND 54-64, BLOCK 16, LOTS 1-6 AND 59-64, BLOCK 116 AND LOTS 1-4 AND 54-64, BLOCK 216, PORT ARANSAS CLIFFS; AND DECLARING AN EMERGENCY. NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $14,441.84 is appropriated in the No. 4220 Sanitary Sewer Collection Line Trust Fund to pay the developer reimbursement request of Aransas Cliffs Development Company, Ltd. for the installation of 83 linear feet of an off-site 10-inch PVC Sanitary Sewer Collection Line to develop Lots 1-11 and 54-64, Block 16, Lots 1-6 and 59-64, Block 116 and Lots 1-4 and 54-64, B lock 216, Port Aransas C lifts. 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED/V'~v~,~F~/0,2000 James R. Bray, Jr. Cit~ Attorney Assistant City Attorney Samuel L. Neal, Jr., Mayor 161 AGENDA MEMORANDUM November 3, 2000 AGENDA ITEM: Resolution approving the transfer of $400,000 from the Sanitary Sewer Trunk Line Trust Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Sec.V.B.6(h) of the Platting Ordinance to establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the Ordinance; and declaring an emergency. ISSUE: An imbaiance exists between the two funds whereby anticipated near-future reimbursements from the Sanitary Sewer Collection Line Trust Fund may not be possible without a transfer of funds from the Sanitary Sewer Trunk Line Trust Fund. Such transfers become necessary periodically due to the structure of fee disbursements as specified in the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. ~//~ '~ee;I R. Escobar, P.E. Director of Engineering Services A'I'I'ACHMENTS: Exhibit A. Exhibit B Background Information Five-year Collection and Expenditure Summary 163 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION CREATION AND FUNCTION OF TRUST FUNDS: City Ordinance number 17396 passed in December 1982 established the Sanitary Sewer Trunk Line Trust Fund and the Sanitary Sewer Collection Line Trust Fund. These trust funds are used as the means to collect fees as properties are platted to reimburse developers for the installation of off-site public sanitary sewer improvements. A trunk line is a sewer line of 18" diameter and larger. A collection line is a sewer line of 15" diameter or smaller. Upon platting of properties, the collection and deposition of Sanitary Sewer fees by the City in accordance with the Platting Ordinance (sec. V.B.6.e) is as follows: 1. To the Trunk Line Trust Fund: Lot and acreage fees, and 75% of the surcharge fees. 2. To the Collection Line Trust Fund: Pro-rata fees for collection lines and 25% of the surcharge fees. IMBALANCE OF FUNDS: As of November 1, 2000 the balance of the Sanitary Sewer Collection Line Trust Fund is $219,513.00, and of the Sanitary Sewer Trunk Line Trust Fund is $3,779,291.00. Historically, the actual reimbursements to developers from the Collection Line Trust Fund outweigh those from the Trunk Line Trust Fund (see Exhibit "B"). In the past it has been necessary to transfer revenues from the Trunk Line Fund to the Collection Line fund in order to cover reimbursements to be made. An analysis of current and planned development indicates the probability that a shortfall will occur in the Collection Line Fund in the near future, possibly within the next three to six months. PROVISIONS FOR TRANSFER OF FUNDS: Section V.B.6.h of the Platting Ordinance provides for a bi-annual review of the two funds and a transfer of revenues from one fund to the other as may be needed. The last such review and transfer of funds in the amount of $300,000.00 occurred in January 1996 (see Exhibit "B"). At that time there were reimbursements due to be made for which funds were not sufficient in the Collection Line Trust Fund, and the transfer was considered to be an emergency. Timely action to transfer funds as currently proposed will prevent another such emergency and will prevent developers from complaining on having to wait longer than necessary for their reimbursement. Page 1 of I 164 Five-year Collection and Expenditure Summary Trunk Line and Collection Line Trust Funds Trunk Line Fund Deposits Expenditures FY 95/96 $440,572.93 $640.75 FY 96/97 FY 97/98 FY 98/99 rn $643,604.23 $549,078.21 $477,533.76 FY 99/00 $309,359.77 Totals: $2,420,148.90 Fund balances as of November 1, 2000: m X X ED 00 $3,679.99 $2,440.78 cM �1 $0.00 $6,761.52 Collection Line Fund Deposits Expenditures $59,404.34 $177,510.64 $72,206.46 $8,706.66 $66,513.67 $69,735.00 $55,710.57 $41,253.89 $49.804.15 $137.694.71 $303,639.19 $434,900.90 Trunk Line: Collection Line: $3,779,291.00 $219,513.00 Transfers $300,000.00 $300,000.00 RESOLUTION APPROVING THE TRANSFER OF $400,000 FROM TIlE SANITARY SEWER TRUNK LINE TRUST FUND NO. 4220-250410 TO THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 4220-250420 IN ACCORDANCE WITH SECIION V.B.6(h) OF THE PLATTING ORDINANCE TO ESTABLISH SUFFICIENT FUNDS IN THE COLLECTION LINE TRUST FUND TO CARRY OUT THE PURPOSE OF PLATTING ORDINANCE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the transfer of $400,000 from the Sanitary Sewer Trunk Line Trust Fund No. 4220-250410 is approved to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420 in accordance with Section V.B.6 (h) of the Platting Ordinance to establish sufficient funds int he Collection Line Trust Fund to carry. out the purpose of the Platting Ordinance. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary, Approved this the ~ day of James R. Bray, Jr., City Attorney By: LisSXtg)u~ar5v C,w Assistant City Attorney Samuel L. Neal, Jr., Mayor The City of Corpus Christi 2000. LOA\res.022 166 AGENDA MEMORANDUM November 14, 2000 Asenda Item: Item A: Motion authorizing the City Manager or his designee to accept funding in the amount of $14,655 from the Flour Bluff Independent School Distdct E= MC2, 21= Century Grant Program to provide a structured after school and a one Saturday a month recreation program, in addition to a one time camping experience for junior high school youth. Item B: Ordinance appropriating $14,655 from Flour Bluff Independent School District E=MC=, 21= Century Grant Program in the No. 1020 General Fund to provide recreational programs at Flour Bluff Junior High School; and declaring an emergency. Item C: Resolution authorizing the City Manager, or his designee, to execute an Intedocal Govemmental Agreement with Flour Bluff Junior High School for the City to provide an after school and a one Saturday a month recreation program, and a camping tdp to school age youth 12 to 16 years of age in consideration for the payment of $14,655 and use of Flour Bluff Junior High School facilities. Issue: In order for the City of Corpus Christi Park and Recreation Department to provide an aRer school and a one Saturday a month recreation program and one camping trip at Flour Bluff Junior High School, the City Council must approve and appropriate the funds. Funds for this program are provided by the E=MC~, 21~t Century Grant. Grant funds for this program are used to pay for after school staff; specialist, supplies, equipment and all program costs. No City funds will be utilized, but a motion to accept and an ordinance to appropriate the $14,655 funds is necessary to implement the program. Council Action Reouired: Action is required to accept and appropriate the E=MC2, 21~ Century Grant funds and to authorize the City Manager or his designee to execute all related contracts and documents for the program. Recommendation: Staff recommends that the City Council approve the ordinance to appropriate funds fxom the Flour Bluff Independent School District E=MC2, 21= Century Grant Program, for an after school and one Saturday a month recreation program and a camping trip at the Flour Bluff junior High School. Funding: Flour Bluff Independent School District's E=MC2, 21a Century Grant Program Additional Suonort Material Background X Contract X Ordinance X Resolution X Marco A. Cisneros, Director Park and Recreation Department 167 BACKGROUND November 14, 2000 During the budget process, staff notified City Council that we were eliminating the Middle School Program from our budget. This action was taken in part because the 21't Century Cxrant received, by four local school districts, contained funding for middle school programs. The school districts include West Oso, Corpus Christi, Flour Bluff and Robstown Independent School Districts. In the past, we have contracted with two middle schools within the Corpus Ch~sti Independent School District to offer middle school recreation programs through past 21a Century Gram entitled C.A.K.E.S., Communities and Kids Experiencing Success. The new 21a Century Grant is entitled E=MC2, which stands for Excellence = Meeting Children's Challenges. Our experience has been very successful and has allowed us to expand our services into the community. Programming will differ for each district based on their needs. The Flour Bluff program will allow for after school recreation; classes such as art, gymnastics, cooking, and martial arts; Thursday special events such as dances, tournaments, and talent shows; and one overnight camping trip. Flour Bluff will provide tutoring. On October 17, 2000, City Council approved a similar agreement with the West Oso Independem f 71 District. 168 Recreation Programs Interlocal Cooperation Agreement Between the City of Corpus Christi and Flour Bluff Junior High School Recitals: This Agreement is entered into between the City of Corpus Christi, a Texas municipal corporation, ("City") and Flour Bluff Junior High School, a member school of Flour Bluff Independent School District CFlour Bluff") for purposes of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. The City is sponsoring an After school Program, a one Saturday a month Recreation Program, and a Camping Trip ("Recreational Programs") for children beginning on the Commencement Date of this Agreement and ending May 3 I, 2001, specifically targeting school age youth 12 to 16 years of age. 3. Flour Bluff requests that City provide Recreational Programs at Flour Bluff. Flour Bluff agrees to provide use of Flour Bluff facilities and $14,655 to City to operate Recreational Frograms at Flour Bluff NOW TH'EREFORE, the City and Flour Bluff in consideration of the mutual covenants contained herein, agree as follows: Agreement: Term. This Agreement shall begin upon mutual execution hereof ("Commencement Date") and shall terminate May 31, 2001. Consideration. Flour Bluff shall pay the City $14,655 to operate the Recreational Programs. The Recreational Programs shall consist of an After School Program, a one Saturday a month Recreation Program, and a Camping Trip. Payment. City shall submit monthly billing statements specifying the amount due for each month, which shall be paid upon receipt by Flour Bluff out of current Flour Bluff revenue. Maintenance. Flour Bluff will maintain its facilities and provide all utilities and janitorial services at its expense during the term of the Agreement as a part of the consideration. Workers. The service providers will be City employees or agents for the term of the Agreement. Their salaries and benefits, if any, will be paid out of Flour Bluffs consideration payments set out above. BDM~00X2705.01 169 Government Service. This Agreement is between the City and Flour Bluff to provide Recreation Programs at Flour Bluff junior High School and is not for the benefit of any third party or individual. Current Revenue. All money spent for the Recreation Programs Interlocal Governmental Agreement must be spent out of the currently available revenue of City and Flour Bluff. Entirety Clause. This Agreement expresses the entire agreement between the parties. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless reduced to writing and signed by persons authorized to make such agreements on behalf of the respective party. SIGNED IN DUPLICATE THIS Y ~ day of P~J "~ L2' ,2000. CITY OF CORPUS CItXISTI: By Armando Chapa City Secretary By George K. Noe Deputy City Manager Legal form approved on James R. Bray, Jr. City Attorney. · 2000 By Bryn Meredith Assistant City Attorney FLOUR BLUFF JLINIOR HIGH SCHOOL BDIVI~00~2705.01 2 170 ORDINANCE APPROPRIATING $14,655 FROM FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT E--MCz, 21" CENTURY GRANT PROGRAM IN THE NO. 1020 GENERAL FUND TO PROVIDE RECREATIONAL PROGRAMS AT FLOUR BLUFF JUNIOR HIGH SCHOOL; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $14,655 from Flour Bluff independent School District E=MC2, 21s~ Century Grant Program is appropriated in the No. 1020 General Fund to provide recreational programs at Flour Bluff Junior High School. 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED j,~;,,~kz~.~¢- '7 , 2000 James R. Bray, Jr. City Attorney By: Lisa Aguilar ASsistant City Attorney Samuel L. Neal, Jr., Mayor 171 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL GOVERNMENTAL AGREEMENT WITH FLOUR BLUFF JUNIOR HIGH SCHOOL FOR THE CITY TO PROVIDE AN AFTER SCHOOL PROGRAM, A ONE SATURDAY A MONTH RECREATION PROGRAM, AND A CAMPING TRIP TO SCHOOL AGE YOUTH 12 TO 16 YEARS OF AGE IN CONSIDERATION FOR TITE PAYMENT OF $14,655 AND USE OF FLOUR BLUFF JUNIOR 1TIGH SCHOOL FACILITIES. NOW, T!{EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TltrE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an Interlocal Governmental Agreement with Flour Bluff Junior High School for the City to provide an After School Program, a one Saturday a month Recreation Program, and a Camping Trip to school age youth 12 to 16 years of age in considmtion for the payment ors 14,655 and us~ of Flour Bluff junior High School facilities. A copy of the agreemere is on file with the City Secretary. ATTEST: City Secretary, Armando Chapa Legal form approved on James 1L Bray, Jr. City Attorney. ,2000; Samuel L. Neal, lr., Mayor THE CITY OF CORPUS CHRISTI By: Bryn Meredith Assistant City Attorney 172 CITY COUNCIL AGENDA MEMORANDUM Date: October 31, 2000 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the mount of$333,115 from the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2000 Law Enforcement Block Grants program ~tnd to execute all related documents. B. Ordinance appropriating $333,115 from the U. S. Department of Justice, Bureau of Justice Assistance, Law Enforcement Block Grant, in the No. 1050 State and Federal Grant Fund to purchase law enforcement equipment for the Police Department; authorizing the transfer of $37,013 from the No. 6010 Law Enforcement Trust Fund to, and appropriating $37,013 in the No. 1050 State and Federal Grant Fund as the grant match. Issue: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. Background Information: The Law Enforcement Block Grant program provides funding opportunities to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. Prior to the obligation of any funds received, the City must establish an advisory board to review the application and make nonbinding recommendations; additionally the City must hold at least one public hearing to make the public aware of the program and its proposed spending plan. The Advisory Board met on November 1 and approved the use of funds and the public hearing was held on November 7, 2000. Funding: The Law Enforcement Trust Fund has provided the matching funds each year, and the cash match of $37,013 is provided in FY 00/01 budget. Recommendation: Staffrecommends accepting the grant and appropriating the funds. Chief of Police 173 ADDITIONAL BACKGROUND INFORMATION The Law Enforcement Block Grant (LEBG) program has provided a total of $2,163,835 in grant funds to the City since the program began in 1996 The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 20 unmarked police units, digitized radios, radios for the Communications van, digital cameras, radars, in car video cameras, shotgun racks, and an upgrade to the computer system. The funds are dispersed by the Department of Justice on the basis of Part One offenses reported to the FBI through the Uniform Crime Report. The City reports a much larger number of Part One offenses as compared to Nueces County, thereby receiving a greater distribution of funds. The federal law provides for states to declare funding disparities if a political subdMsion incurs more than 50% of the costs in a county of prosecution and incarceration of Part One crimes. In the state of Texas, the Attorney General has determined that Texas counties are responsible for more than 50% of these costs and has certified this fact to the Bureau of Justice Assistance. With this certification, the City has agreed for the past two years to share the award 50/50 with Nueces County. The County has a separate application and appropriation process. Ihe City funds will be used for the following: (1) Ten (10) replacement unmarked police units - provides for continuous upgrade of current fleet. City funds have not purchased replacement units in 3 years. (2) Fiber optic cable and equipment to upgrade the radio microwave system - the majority of the current system is over 10 years old and is subject to periodic interference as a result of increased usage of mobile phones and other equipment operating within the same band width. The interference causes a break in the communications link between the dispatch center and officers that can last anywhere from a few seconds to minutes. Fiber optic cable will provide a new data link between the Police Department and One Shoreline Tower and reduce the rent we currently pay for microwave dishes by an estimated $1,400 per month. (3) Mobile Community Oriented Policing substation - a custom built state-of-the art mobile station to give officers the opportunity to have immediate on-site contact with community residents, allow for special law enforcement deployment operations in response to specific problems, and provide for easier participation by officers in community meetings and forums. The mobile unit's presence in a neighborhood will create a community meeting place and further reinforce the bonds with the community policing officers. 174 Accept Award Confirmation Page I of 1 Appl~cado0 ~,,varG Award Handbook RED .Gran~ G_hangej Reports Co,:respqOg~nce Iswitch to .... Accept Award Confirmation Congratulations! You have accepted yourjudsdiction's FY 2000 LLEBG Award and its corresponding special conditions. FY 2000 LLEBG Final Award Amount: Matching Amount: LLEBG Award Number: LLEBG Award Date: $333,115.00 $ 37,013.00 2000-LB-BX-2707 30-SEP-00 Remember, acceptance of this Award and special conditions DOES NOT result in an automatic payment of LLEBG funds. You must submit the RFD in order to receive funds, and you must submit it within 90 calendar days from the award date. You may begin the RFD process now by clicking on the RFD Tab above. Click here to view and print your official FY 2000 LLEBG Award documents and special conditions. https : ff grants~ ~p~usd~j. g~v: 8~4/gms-user/~sq~/~y~ard~acce~t-award-c~n~rmati~n 10/17/00 ORDINANCE APPROPRIATING $333,115 FROM THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE IN THE NO. 1050 FEDERAL/STATE GRANTS FUND TO PURCHASE LAW ENFORCEMENT EQUIPMENT FOR THE POLICE DEPARTMENT: AUTHORIZING THE TRANSFER OF $37,013 FROM THE NO. 6010 LAW ENFORCEMENT TRUST FUND AND APPROPRIATING IT IN THE NO. I050 FEDERAL/STATE GRANTS FUND AS THE GRANT MATCH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $333,115 from the U.S. Department of Justice, Bureau of Justice Assistance is appropriated in the No. 1050 Federal/State Grants Fund to purchase law enforcement equipment for the Police Department. SECTION 2. That $37,013 is authorized to be transferred from the No. 6010 Law' Enforcement Trust Fund and appropriated in the No. 1050 Federal/State Grants Fund as the grant match. SECTION 3. That upon wriuen request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for mediate 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED ~Jocq~,Iv''/~ James R. Bray, Jr. City Attorney By: L isa~ATuila r~ Assistant Ci~, Attorney ,2000 Samuel L. Neat, Jr., Mayor H:\LEG-DIR',VERONICA/LISA,ORD3/ORD3327 176 CITY COUNCIL AGENDA MEMORANDUM Date: November 10, 2000 AGENDA ITEM: Ordinance appropriating a $50,000 Grant from the Texas Department of Transportation in the No. 1050 Federal/State Grants Funds for Transportation Planning and related activities by the Metropolitan Planning Organization through November 14, 2000; amending Ordinance 8127. as amended, Section 510, Executive Pay Plan, by deleting the classification of Transportation Planning Director effective November 15, 2000; eliminating effective November 15, 2000 the following MPO-designated positions: one City Planner III, one City Planner II, one GIS Systems Specialist, and one Executive Secretary. ISSUE: On November 2, 2000, the Metropolitan Planning Organization replaced the City of Corpus Christi as Fiscal Agent with Nueces County. Consequently the five City positions currently dedicated to MPO activities and paid through reimbursement by grant from the Texas Department of Transportation will be funded only through November 14, 2000. After that date, they will be the responsibility of the County. This ordinance implements the MPO decision by: 1) appropriating TxDOT grant monies through November 14, and 2) deleting the MPO positions from the City workforce. RECOMMENDATION: Approval of ordinance as submitted. W. Thomas Utter, Assistant City Manager 0JRB0500.091 '177 ORDINANCE APPROPRIATING A $50,000 GRANT FROM THE TEXAS DEPARTMENT OF TRANSPORTATION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR TRANSPORTATION PLANNING AND RELATED ACTIVITIES BY THE METROPOLITAN PLANNING ORGANIZATION THROUGH NOVEMBER 14, 2000; AMENDING ORDINANCE 8127, AS AMENDED, SECTION 510, EXECUTIVE PAY PLAN, BY DELETING THE CLASSIFICATION OF TRANSPORTATION PLANNING DIRECTOR EFFECTIVE NOVEMBER 15, 2000; ELIMINATING EFFECTIVE NOVEMBER 15, 2000 THE FOLLOWING MPO-DESIGNATED POSITIONS: ONE CITY PLANNER III, ONE CITY PLANNER II, ONE GIS SYSTEMS SPECIALIST, AND ONE EXECUTIVE SECRETARY; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, the Metropolitan Planning Organization has replaced the City of Corpus Chfisti as Fiscal Agent with Nueces County effective November 15. 2000, and starting that date funding for employees presently dedicated to the MPO will be available to Nueces County for administration of such employees but will no longer be available to the City, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A grant of $ 50,000 from the Texas Department of Transportation is appropriated in the No. 1050 Federal/State Grants Fund for Transportation Planning and Related Activities by the Metropolitan Planning Organization through November 14, 2000. SECTION 2. Ordinance 8127, as mended. Section 510. Executive Pax' Plan, be mended by deletion of the following position classification effective November 15, 2000. Job Code Grade Job Title Salan.' Range EYM 640 E02 Transportation Planning Director $57,200- $91,500 SECTION 3. Funds identified in Section 1 will be used to fund the fbllo~ving positions for the Metropolitan Planning Organization Division through November 14, 2000: one Transportation Planning Director, one City Planner III. one City Planner II. one GIS Systems Specialist and one Executive Secretary. As identified in Section 2. the Transportation Planning Director position is deleted effective November 15, 2000. The other MPO positions identified herein are eliminated as City positions effective November 15. 2000. SECTION 4. If, for any mason. any section. paragraph. subdivision, clause, phrase. word or H:'~LEG-DIR\VERONICA\LISA/ORD3',ORD3.328 178 provision of this Ordinance shall be held invalid or unconstitutional by final judgement 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 tBr its purpose. SECTION 5. 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED . ,~t ~v6-~ ~-~ James R. Bray, Jr. City Attorney /0,2000 By: Lisa Aguilar Assistant City Attorney Samuel L. Neal, Jr., Mayor H:/LEG-DIR/VERONICA,LISA\ORD3 ORD3.328 179 CITY COUNCIL AGENDA MEMORANDUM Date: November 10, 2000 AGENDA ITEM: APPROPRIATING $245,310.30 FROM THE UNRESERVED FUND BALANCE IN THE NO. 6010-21130 LAW ENFORCEMENT FEDERAL TRUST FUND AND APPROPRIATNG $213,442.70 FROM THE UNRESERVED FUND BALANCE IN THE NO. 6010-21120 LAW ENFORCEMENT STATE TRUST FUND FOR LAW ENFORCEMENT EQLrI~MENT AND RELATED EXPENDITURES; AMENDING THE FY 00-01 BUDGET, ADOPTED BY ORDINANCE NO. 024130, TO INCREASE APPROPRIATIONS BY $458,753 IN THE NO. 6010 LAW ENFORCEMENT TRUST FUND; AND DECLARING AN EMERGENCY. ISSUE: Additional funds need to be appropriated in the Law Enforcement Trust Fund to cover annual expenditures. BACKGROUND INFORMATION: $151,607 was appropriated with the FY 00/01 budget ordinance, and additional deposits have been made since the original appropriation mount was requested in March 2000. The additional monies are needed to cover the attached annual budget request for FY 00/01. REQUIRED COUNCIL ACTION: Appropriation of funds. RECOMMENDATION: Staff recommends appropriation of funds. P. Alvarez, Jr. Chief of Police ADDITIONAL SUPPORT MATERIAL Budgets for FY 00/01 181 -� -— Law Enforcement . i,,, Law Enforcement Trust Funds - Fid Year 00/01 — -— -- ---- -----._.. I Fund 6010 Trust Fund - State - 21120 Requested iii•. I I qun',d ---_--I' Budget Light bars, sirens, speakers - replacements $ 15,000 Identification equipment: cameras, lab, printing Other equipment 11 J;�iit�ld�,.---_--- -- - $ 5,000 $ 28,703 .i Q�.L1'I') Computer equipment for VOLA, VAWA_grants $ 10,000 Add personal computers and printers $ 25,000 Other computer equipment $ 25,000 i I.a I ,:. el,il-�I I,�gnn it '•-P! Furniture for VOCA, VAWA grants $ 2,150 Other items $ 2,850 _ $ 25,000 $ 65,000 Trott and Associates False Alarm Software 1-�uiilinn ilinn Irni� I I i �Ir r amt .inli in>chonl fC ?, Ir1.000 T, 101000 Local Law Enforcement Block Grant 00 $ 37,013 Juvenile Accountability Incentive Block Grant $ 16,032 Additional vehicles to replace seized Monies already appropriated Need to appropriate vll - ls $ 88,305 $ 213,443 N 00 ------------ Law Enforcement Trust Funds - Fiscal Year 00101 — --- ---- Fund 6010 - -- - --- - Law Enforcement Trust Fund -Federal - 21130 Requested Bud et ------- --�"�!� T�.Jaln•,-;�— '— SWAT training ammunition IlinOi Tools _._` _ _ -- $ 32 .V, --- -- —.__ __-_ _- __ $ 5,000 $ 5,000 $ 2,000 $ 5,000 - - _ SWAT equipment Bic-cle Patrol equipment — ---- Y - -- Equipment - far narcotics undercover investigations: _ _ body wires, night vision cameras, binoculars -- ----- _ -__ ___ _ _ - __- - - U.S.Marshalls Service - ay liens on confiscated equipment $15,667 _ — — 1'10 '-01111 UICI �•gUi1, I -1 IIJ __ Software upgrades: Pathworks, Mapinfo, Arclnfo _ Technical services/equipment for projects: — 1,,1 d. �,�,�q. lay _ CC Teen Court ------ Imp—rest Fund —--- —-------- -- -- $ `0.0":!0 $ 10,000 $ 40,000 _ -- -. — 10 - -- - -$ c_ (1'd;lllrlr. -lot _11011 11 rrn /_ - ----------_ ? 47 !i00 37,500 5 1.000 --- - \/m I?Ml-11 )pi mflon OntreaCh —. - . MDT/AVCS a ul ment ' -_-__ -" 4 P_ - ---- - -- Recruiting"- --- - _ _ __ Training for sworn and civilian personnel: schools TBA Additional vehicles to replace seized - Moniesalread appropriated --- Y a pP P rvi - -- - - - ----- - InlaCIII11Cly—(013171.;111.,4)!.•10000 - 142,4.15 -----" $ 142,445 - .-- --- - _$ __ 10.000 -- _- $ 5,000 $ -- $ 20,000 -- -------- - _ $ 63,302 - _ -- --- Need t - ----- o appropriate -.$_ 2-4-5,310- - L( il.xls t 10/00 W AN ORDINANCE APPROPRIATING $245,310.30 FROM THE UNRESERVED FUND BALANCE IN THE NO. 6010-21130 LAW ENFORCEMENT FEDERAL TRUST FUND AND APPROPRIATNG S213,442.70 FROM THE UNRESERVED FUND BALANCE IN THE NO. 6010-21120 LAW ENFORCEMENT STATE TRUST FUND FOR LAW ENFORCEMENT EQUIPMENT AND RELATED EXPENDITURES; AMENDING THE FY 00- 01 BUDGET, ADOPTED BY ORDINANCE NO. 024130, TO INCREASE APPROPRIATIONS BY $458,753 IN THE NO. 6010 LAW ENFORCEMENT TRUST FUND; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That $245,310.30 is appropriated from the unreserved fund balance in the No. 6010- 21130 Law Enforcement Federal Trust Fund for law enforcement equipment and related expenditures. SECTION 2. That $213,442.70 is appropriated from the unreserved fund balance in the No. 6010- 21120 Law Enforcement State Trust Fund for law enforcement equipment and related expenditures. SECTION 3. That Ordinance No. 024130, which adopted the FY 00-01 budget, is amended by adding $458,753 to the No. 6010 Law Enforcement Trust Fund. SECTION 4. 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED !x] Oqe~- ..~-a_r I o , 2000 James R. Bray, Jr. ,Cit'y Attorney B y: Li~,sa~g~i ar~ I Assistant City Attorney Samuel L. Neal, Jr.. Mayor II:\LEG.DIR,VERONICALISAXORD3\ORD3.329 184 CITY COUNCIL AGENDA MEMORANDUM Date: November 7, 2000 AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute a non- exclusive lease with San Antonio MTA, L.P., a Delaware limited partnership, d/b/a/Verizon Wireless, by its sole general partner, Primeco Personal Communications, L.P., a Delaware Limited Partnership, for the installation of several low profile antennas at the airport to improve telecommunications signal strength within the airport terminal building, on a month to month basis, not to exceed 12 months, in consideration of payment of one hundred and fifty dollars ($150.00) per month, declaring an emergency. ISSUE: Verizon Wireless Communications would like to install four low profile antennas, throughout the temporary facilities to increase current signal strength. City Council approved the first reading on an eighteen month lease with Verizon Wireless Communications on October 31, 2000. Verizon Wireless Communications has requested an earlier effective date, therefore a short term lease is necessary. PRIOR COUNCIL ACTION: On October 31, 2000, Council approved the first reading of the ordinance authorizing a lease with Verizon Wireless Communications. Second reading is scheduled for December 12, 2000. REQUIRED COUNCIL ACTION: Council must authorize approval of lease agreements. RECOMMENDATION: Staff recommends approval of the lease agreement as submitted. ADDITIONAL SUPPORT MATERIAL Background Information X Contract Summary Ordinance/resolution Maps X Interim Director of Aviation 185 BACKGROUND INFORMATION Date: November 7, 2000 Verizon Wireless Communications requested authority to install four low profile antennas; one microwave receptor dish, not more than fifteen feet in height to be wall mounted and located on the terminal rooftop; and one receptor cabinet and associated wiring and backup battery. This equipment will increase the signal strength. The current signal strength causes airport patrons on Verizon Wireless services to experience roaming charges while operating their cellular phones in the terminal facilities. On October 31, 2000, staff requested City Council to approve an eighteen month lease with Verizon Wireless Communications. The first reading of the ordinance was approved by Council. Subsequent to this approval, staff was asked to expedite the effective date of the lease. Since the eighteen month lease requires two readings and a subsequent sixty day waiting period, for a total of approximately ninety days before the lease becomes effective, a short term lease is recommended. The short term lease will be month to month not to exceed 12 months and will automatically expire upon the effective date of the long term lease. Lease payments will be $150 per month. 186 ~N}q 30 IDVNi I~O~IV ]VNOMIVN~31N~ -I Z 187 IWOdEIIV 7~NOIIVN~31NI ~/, IISIWHD SDdWOO .,,,,,,. ssalaJ./~U"'O'ZIj{tl1 %~Jc3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A NON-EXCLUSIVE LEASE WITH SAN ANTONIO MTA, L.P., A DELAWARE LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS, BY ITS SOLE GENERAL PARTNER, PRIMECO PERSONAL COMMUNICATIONS, L.P., A DELAWARE LIMITED PARTNERSHIP, FOR THE INSTALLATION OF SEVERAL LOW PROFILE ANTENNAS AT THE AIRPORT TO IMPROVE TELECOMMUNICATION SIGNAL STRENGTH WITHIN THE AIRPORT TERMINAL BUILDING, ON A MONTH TO MONTH BASIS NOT TO EXCEED 12 MONTHS, IN CONSIDERATION OF PAYMENT OF ONE HUNDRED AND FIFTY DOLLARS ($150.00) PER MONTH; AND DECLARING AN EMERGENCY. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or designee, is hereby authorized to execute a non- exclusive Lease with San Antonio MTA, L.P., a Delaware Limited Parmership dPo/a Verizon Wireless, by its sole General Parmer, Primeco Personal Communications, L.P., a Delaware Limited Partnership, for the installation of several low profile antennas at the Airport to improve telecommunication signal strength within the Airport Terminal Building, in consideration of payment of one handred and fifty dollars ($150.00) per month. A copy of the Lease is on file with the City Secretary. SECTION 2. The Lease Agreement is to begin on the effective date City Council approves this ordinance and will end on the earlier of the effective date of a lease with a term of approximately eighteen months covering the same subject matter. terms and conditions as this lease or the twelve month anniversary of the effective date of this lease. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council ( 1 ) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Binoral00,023 189 CITY COUNCIL AGENDA MEMORANDUM Date: November 21, 2000 AGENDA ITEM: ITEM A: Ordinance authorizing the City Manager or his designee, to execute a five-year lease with J&G Concessions for concession operations at the Greenwood Softball Complex located near the Intersection of Greenwood Ddve and Gollihar Road, at a variable rate from $100 to $350 per month depending on the number of teams playing for the months when teams do play. ISSUE: The one-year lease with International J&G Concessions has expired. The concessionaire has requested a five-year lease agreement. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. BOARD/COMMITTEE REVIEW: At the August 9, 2000, Park & Recreation Advisory Board meeting, the committee unanimously recommended approval of the lease. RECOMMENDATION: The staff recommends that the five-year lease with J&G Concessions for the operation of the concession at the Greenwood Softball Complex be approved. Marco A. Cisneros, Director of Park & Recreation ADDITIONAL SUPPORT MATERIAL Background Information x Contract Summary x Ordinance/Resolution x Map(s) x 191 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Greenwood Softball Complex is located near Greenwood Road at Gollihar Road. It is a popular sports complex that prov des four softball fields, one of which can be adjusted for football play. The lessee is requesting a waiver of the requirement for Workman's Compensation Insurance because the insurance is unavailable to operations whose employees are the owners. A clause has been added to the contract that states that Jesus and Gloda Mondragon, the owners, are the only authorized workers at the concession stand. However, if the Mondragon's hire additional workers, the City will enforce the WorkmaWs Compensation insurance requirement. 192 CONCESSION CONTRACT WITH JESUS J. MONDRAGON CONTRACT SUMMARY 10. This lease is for a five-year tenn. The Concessionaire has exclusive control over the concession area located in the Greenwood Softball Complex. The Concessionaire will pay for ali extraordinary use of utilities for equipment such as air conditioners or deep fat fryers. Such equipment must be separately metered from the existing utilities. The Concessionaire shall furnish, install, service and maintain in good working order all equipment and supplies required to properly execute this Agreement. Concessionaire will not be required to have Worker's Compensation Insurance if only he and his wife are working. If any salaried employee is hired the concessionaire must cover those employees with Worker's Compensation Insurance prior to them beginning work. The Concessionaire shall procure and keep in full force and effect a Comprehensive General Liability insurance policy which names the City as additional insured. The Concessionaire is responsible for minor cleanup consisting of cleaning tables, cleaning up spilled food or drinks and removing trash from the building and the outside area. The Concessionaire shall furnish all related supplies and condiments. 10th The Concessionaire shall file with the Director on or before the tenth ( ) day of each month, a monthly report of gross receipts and pay the monthly minimum. The concessionaire will pay the City a variable rate from $100 to $350 per month depending on the number of teams playing for the months when teams do play. 193 194 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE WITH JESUS J. MONDRAGON D/B/A J&G CONCESSIONS FOR CONCESSION OPERATIONS AT THE GREENWOOD SOFTBALL COMPLEX LOCATED NEAR THE INTERSECTION OF GREENWOOD DRIVE AND GOLLIHAR ROAD, IN CONSIDERATION FOR A VARIABLE RENTAL RATE OF $100 TO $350 PER MONTH WHICH IS DETERMINED IN RELATION TO THE NUMBER OF ATHLETIC TEAMS REGISTERED TO PLAY TWO OR MORE WEEKS PER MONTH; PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a five year lease with Jesus J. Mondragon d/b/a J&G Concessions for concession operations at the Greenwood Softball Complex located near the intersection of Greenxvood Drive and Gollihar Road, in consideration for a variable rental rate of$100 to $350 per month which is determined in relation to the number of athletic teams registered to play two or more weeks per month; providing for publication. A copy of the lease is on file with the City Secretary. SECTION 2. The lease is to begin on the 61" day after City Council approval. SECTION 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Bmord00 121 195 CITY COUNCIL AGENDA MEMORANDUM Date: October 31, 2000 AGENDA ITEM: Amending the Corpus Ch~sti Code of Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares--Amounts, to increase taxicab fares to $2.00 for the first one-fifth mile and $1.00 for each additional passenger, providing for severability; providing for publication; and providing for penalties. ISSUE: The local taxicab companies requested a review of the ordinance and possible changes in fees. BACKGROUND INFORMATION: The request for fare increases from the taxicab owners and drivers was reviewed by the Police Department. The petitioners primary concern is focused around their short trips and the expense occurred due to the length. Their proposal included an increase in the "flag drop" or initial fee, shortening the distance traveled until the next meter dick, and changing the cost per mile. They believed this would help them recoup some of the.It costs for short distances traveled. We have met with the owners and drivers and they are agreeable with the recommended changes. The Police Department recommendations bring the City of Corpus Christi in line with other cities in the State comparable to our size. Attached is a table reflecting our current rates as compared to other Texas cities as well as the proposed rates by the petitioners. REQUIRED COUNCIL ACTION: Approval of the ordinance. RECOMMENDATION: Approval of the ordinance. P. Al~;,a~z"~ Chief of Police ADDITIONAL SUPPORT MATERIAL Schedule of other cities fares x 197 I TAXI CAB FARES CURRENT RATES Extra City Flag Mileage Other Cost per 1/2 mile 1 mile 5 mile 10 mile Passenger Dro increments Mileage increment Fee Austin $ 1.50 1!7 $ 0.25 -0.35 $ 2.50 $ 3.00 $ 10.00 $ 18.75 None_ -1.00 Laredo--- Dallas_ $ -3.50 $ 2.00 - ---114 1/4 -- $ $ 0.40 -$ 3.85 $ 2.40 $ 4.55 $ 3.20 $ 10.15 $ 9.6_0 $ 17.15 $ 17.60 $ $ 2.00 $ 2.00 Fort Worth $ 2.00 1/4 $ 0.40 $ 2.40 $ 3.20 $ 9.60 $ 17.60 _ _ _ Arlington $ 2.00 1l4 - $ 0.40 .4 -- $ 2.40 $ 3.20 - -- $ 3.00 $ 2.70 $ 2.80 $ - 2.40 -- $ 9.60 - -_ $ 9.00 -- $ 17.60 -- $ 16.50 $ 16.20 $ 14.50 $ 15.90 - ---- $ 2.00 - - - None $ 0.50 None -$ 0.50 ---- -- - Houston - - 1/10_ 1!5 ------t--02- 0.3 - -- $ .40 Corpus Christi $ 1.50 _ _1!5 $ 0.30_ $ 2.10 $ 2.20 $ 8.70 $ 8.00 $ 8.40 trip. _ San Antonio_ $ 1.60 _ 2/13 _ $ 0.20 $- -0.30 El Paso $ 1.20 - 1/5- - - - $ 1.80 "mileage increments change to 1l5 after first 1/1.0 of -amite- amount at the end of the "Extra Passenger Fee - the amounts listed are added on to the tapmeter Dallas, Fort Worth, Arlington =$2.00 for each extra passenger. $ 3 50 $ 16.50 - $ 3_.50 $ 10.5_0 $ 3.20 $ 9.20 $ 19.25 $ 19.25 $ 16.70 -- - ---- CorpusChristi collected -for fares from passengers picked up at airport only. Laredo - $1.00 for each additional passenger having the same destination and origin. - EI Paso - .50 for each e)dra passenger. Cab Owners Proposed Rate Corpus Chnsti $ 3.00 5l7 Cab Drivers Proposed Rate 1/7 $ U5 $ 3:66 Corpus Christi PD rec $ 1.75 1/7 $ 0.25 $ 2.75 $ 2.60 $ -2.00 ----- 1!5 $ 0.30 Recommendation Extra Flag Mileage Other Cost per 1/2 mile 1 mile 5 mile 10 mile Passenger Drop increments Mileage* mile Fee Current $ 1.50 1/5 $ 0.30 $ 2.10 $ 2.70 $ 8.70 $ 16.20 $ 0.50 CabOwners $ 3.00 5/7 1/7 $_0.25_ $ 3.00 $ 3.50 $ 10.50 -$--M6 -- $ 19.25 -- - _ Cab Drivers $ 1.75 1/7 $ 0.25 $ 2J5 $ 10.50 $ 19.25 Recommendation $ 2.00 1/5 _ $ 0.30 $ 2.66--t-- -3.20--$---9.20 $ 16.70 $ 1.00 Modif extra assen er fee to include all of City (eliminate Air ort verba e , increase amount to $1.00 for each additional passenger. 1 10/24,,.., I TAXICABFAR. iS AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 57, VEHICLES FOR HIRE, SECTION 57-135, FARES--AMOUNTS, TO INCREASE TAXICAB FARES TO S2.00 FOR THE FIRST ONE-FIFTH MILE AND $1.00 FOR EACH ADDITIONAL PASSENGER; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi Code of Ordinances. Chapter 57, Vehicles for Hire, Section 57-135, Fares--Amounts, is hereby amended as follows: Sec. 57-135. Fares--Amounts. Thcrc is hcrcby cstablishcd as thc rates of fare for taxicabs ~vithin the city limits of the city of COl lau3 Ckristi for onc or ,norc persons. not exceeding five (5) persons. of one dollar and fifty cents (51.50) for thc first one-fifth inilc or lcss, and ~irty cents ($0.30) additional for each succcecting one-fifth mile or fraction thcrcof. The following rates are hereby established as the rates of fare for taxicabs for one passenger within the city limits of the Citv of Corpus Christi: Two dollars ($2.00) for the first one-fifth mile or less. and thirty cents ($0.30) additional for each succeeding one-fifth of mile or fraction thereof. There is hereby established an additional charge of one dollar ($1.00) per passenger for each additional passenger (up to manufacturer' s rated seating capacity). For each one hour of waiting time. the maximum charge shall be twenty- four dollars ($24.00), accumulated in increments of forty cents ($0.40) per minute. The above established rates of fare are the maximum that may be charged providcd howcvcr. for farcs collccted from passcngcrs picked up at the ai,Fort. such airport passcngcr fares may includc a rifty cent ($ 0.50) surcharge per farc cvllcctcd from one or morc persons not to cxcccd fivc (5) persons. Lower rates may be charged at the option of the taxicab certificate holder. SECTION 2. If for any mason 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. Publication of this ordinance shall be made in one issue of a newspaper of general circulation in the city in accordance with the requirements of the Charter of the City of Corpus Christi after which publication this ordinance shall be in force. SECTION 4. Violations of this ordinance are an offense. punishable as provided in section 1-6 of the City Code of Ordinances. Ioa\ord3\ord3.322 November 6, 2000 199 ORDINANCE STATUS AGENDAITEM: 1. Granting to TCI Cablevision of Texas, Inc. acceptance of an agreement relating to the cable television franchise granted in Ordinance No. 16133 as amended, to extend said franchise for six months in consideration of TCI providing a franchise fee payment to City of five percent and based upon consideration of requirements relating to the transfer of the franchise to Texas Cable Partners, L.P. ("Texas Partners" 2. Authorizing the transfer of a cable television franchise from TCI Cablevision of Texas, Inc. to Texas Cable Partners, L.P., subject to requirements FIRST READING: October 10, 2000 Passed: 6-0 (absent - Javier Colmenero, Henry Garrett &Amold Gonzales) FINAL READING: November 14, 2000 COMMENTS: 201 CITY COUNCIL AGENDA MEMORANDUM Date: October 2000 SUBJECT: Interim, short-term cable franchise arrangement AGENDA ITEM: 1) Ordinance granting to TCI Cablevision of Texas, Inc. acceptance of an agreement relating to the cable television franchise granted in Ordinance No. 16133 as amended, to extend said franchise for six months in consideration of TCI providing a franchise fee payment to City of five percent beginning November 1. 2000 and based upon consideration of requirements relating to the transfer of the franchise to Texas Cable Partners. L.P. ("Texas Partners") 2) Ordinance authorizing the transfer of a cable television franchise from TCI Cablevision of Texas, Inc. to Texas Cable Partners, L.P., subject to requirements ISSUE: For some time, pursuant to federal cable television law, the City staff committee has been engaged in negotiations with TCI Cable (the present franchisee, which is now owned by AT&T Cable) for a renewal cable franchise. The present franchise expires in April 200t. Recently, we have been unable to reach final agreement on two primary issues, institutional network and access channels. The next step would be to invoke the federal "formal" process, a more cumbersome and expensive process. At the same time, we recently received an application to transfer the present franchise to Texas Partners, L.P., an entity controlled by Time Wamer. Pursuant to federal law, this application must be reviewed and approved by the City if it meets requirements of federal law. We have retained Adrian Herbst for this review. Given the transition period created by the pending swap of systems between AT&T Cable and Texas Cable Partners, AT&T suggested that the formal process be held in abeyance pending the transfer to Texas Cable Parmers. In further communications between officials of AT&T and Time Wamer and City staff and consultants we have reached agreement on an interim solution as follows: 1 ) No commencement of the formal process for six months. 2) Extension of the present franchise six months beyond the current termination date.. 3) Increase the franchise fee from 4 to 5% effective November I, 2000. 4) Approve the transfer to Texas Cable Partners (review has been completed and is recommended by our consultant). 5) Continue negotiations for long term franchise renewal with participation of Time Wamer. This is accomplished in the two ordinances presented for your approval. First reading would be October 10 and second reading November 14. This interim measure preserves the City's rights in the renewal process, increases the franchise fee at the time previously anticipated, avoids the costly formal process unless it clearly becomes necessary, and increases the likelihood of an ultimate satisfactory resolution. 0JRB0500.080 202 We have received the report and review of the transfer of the franchise from TCI Cablevision of Texas, Inc. to Texas Cable Partners, L.P.. prepared by the Bailer Herbst Law Group, P.C. and Charles Gramlich and Associates, which includes the evaluation of Texas Cable partners' legal, technical and financial qualifications and based on this review recommends approval as provided in the ordinances presented. A copy of the report is available. RECOMMENDATION: Staffrecommends adoption ofthe ordinances as presented. Attachments: 1. Ordinances Ji~ B ,l i ~ ray 0JRB0500.080 2 203 ORDINANCE GRANTING TO TCI CABLEVISION OF TEXAS, INC. ACCEPTANCE OF AN AGREEMENT RELATING TO THE CABLE TELEVISION FRANCHISE GRANTED IN ORDINANCE NO. 16133 AS AMENDED, TO EXTEND SAID FRANCHISE FOR SIX MONTHS IN CONSIDERATION OF TCI PROVIDING A FRANCHISE FEE PAYMENT TO CITY OF FIVE PERCENT AND BASED UPON CONSIDERATION OF REQUIREMENTS RELATING TO THE TRANSFER OF THE FRANCHISE TO TEXAS CABLE PARTNERS, L.P. ("TEXAS PARTNERS"). WHEREAS, TCI Cablevision of Texas, Inc. (hereina~er "TCI") is the Grantee of that certain franchise (hereinafter "the Franchise") granted to Athena Cablevision of Corpus Christi, Inc. by the City of Corpus Christi, Texas (hereinafter "City)" in Ordinance No. 16133, finally passed by the City Council on March 25, 1981 and as amended in Ordinance No. 20616 and finally passed by the City Councii on March 7, 1989; and WHEREAS, TCI has requested approval by the City to transfer its Franchise to Texas cable Partners, L.P. (hereinafier "Applicant"); and WHEREAS, City and TCI have undertaken a process to evaluate the transfer including certain conditions, based upon the pending franchise renewal requested by TCI, and City will adopt an Ordinance approving the transfer of the Franchise to Applicant ("Transfer Ordinance"), and setting forth certain understanding between TCI, Applicant, and the City; and WHEREAS, City and TCI have been negotiating the renewal of the Franchise based on a request for renewal made by TCI; and WHEREAS, City and TCI desire to modify certain provisions of the Franchise as specified in this Ordinance in order to provide for an orderly transition of the Franchise to Applicant and, to facilitate the pending franchise renewal process. The Transfer Ordinance adopted by the City Council approving the Franchise transfer to Applicant and the understandings between the City, TCI, and the Applicant is hereby attached and iS part of the consideration for adoption of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That TCI is hereby granted an interim extension of an additional six (6) months beyond the term established by Section 6 of the Franchise to provide sufficient time for completion of franchise renewal negotiations and procedures. 204 SECTION 2. That in consideration of said interim extension of TCl's rights and privileges under the Franchise and based upon the Transfer Ordinance which has been attached hereto and made part of this Ordinance, Section 18, Paragraph A, is hereby amended to increase the franchise fee payment to City, beginning November 1, 2000, to five percent (5%) of the gross annual revenue received by TCI. All other requirements as set forth in Section 18, Paragraph A, and all other provisions of the Franchise (incorporated herein by reference), shall remain the same. SECTION 3. That the obligations of TCI set forth in Sections 1 and 2 hereof are in addition to its obligations existing under the Franchise, and no existing other obligation or right within the Franchise shall be diminished in any way by this Ordinance or acceptance thereof. SECTION 4. That this Ordinance shall be effective upon its second reading by the City Council; provided that within ten (10) days of said second reading, TCI shall file with the City Secretary its unconditional acceptance of this Ordinance and promise to comply with and abide by all of its provisions. terms, and conditions. Such acceptance and promise shall be in writing, duly executed. and swcrn to by the appropriate officers of TCI before a Notary Public or other officer authorized by taw to administer oath. SECTION 5. That the City Secreta.? is directed to publish at TCI's expense the description of this Agreement as required by Article IX, Section 3(a) of the City Charter. 205 ORDINANCE AUTHORIZING THE TRANSFER OF A CABLETELEVISION FRANCHISEFROM TCICABLEVISION OFTEXAS, INC. TO TEXAS CABLE PARTNERS, L.P., SUBJECTTO REQUIREMENTS WHEREAS, TCI Cablevision of Texas, Inc. ("TCI") currently owns and operates a cable television system (the "System") operating in the City of Corpus Christi (the "City") and is the duly authorized holder of a franchise granted by the City to Athena Cablevision of Corpus Christi, Inc. in Ordinance No. 16133, and passed by the City Council on March 25, 1981, and amended March 7, 1989 in Ordinance No. 20616 (the "Franchise"). WHEREAS, TCI and Texas Cable Partners, L.P. ("Applicant") have entered into an agreement (the "Exchange Agreement"), dated August 23, 2000, pursuant to which TCI has agreed to transfer all of the assets of the System, including its rights under the Franchise, to Applicant or its subsidiaries (the "Transaction"); and WHEREAS, TCI and Applicant have requested consent by the City to the Transaction in accordance with the requirements of the Franchise and have filed an FCC Form 394 (the "Transfer Application") with the City describing both the Applicant and the Transactions; and WHEREAS, the City has reviewed the Transfer Application, examined the legal, financial, and technical qualifications of Applicant, followed all required procedures in order to consider and act upon the Transfer Application, considered a Report prepared by its Consultants, and considered the comments of all interested parties; and WHEREAS, the Franchise is in full force and effect without default thereunder by TCI as of the date hereof in accordance with its terms and conditions as set forth therein, and Applicant has agreed to comply with the Franchise and applicable law from and after the completion of the transfer; and · WHEREAS, the City believes it is in the interest of the City to approve the Transfer Application and the transfer of the Franchise to Applicant, all as described in the Transfer Application, and subject to the requirements of this Ordinance to transfer the franchise (the "Transfer Ordinance"); and WHEREAS, the term of the Franchise expires on April 16, 2001 and TCI and Applicant have requested an extension of six months to enable Applicant, if necessary, to have sufficient time after closing of the Transaction to complete a franchise renewal process with City; and 206 WHEREAS, City understands that the process for approving this Transfer Ordinance has, included certain other understandings, which are included in the letter dated October 2, 2000 from Time Warner to the City's Consultant, and which is hereby attached and made part of this Transfer Ordinance and compliance with which is in part consideration for adoption of this Transfer Ordinance; and WHEREAS, the City Charter requires that an Ordinance be adopted to extend the term of the Franchise and to establish a change in the franchise fee payment requirements of the Franchise, with acceptance by TCI and Applicant; and WHEREAS, Consultants for the City have recommended that the City approve the Transfer Application, subject to the written acceptance, attached and made part of this Transfer Ordinance, and further a written acceptance, after adoption, of the Ordinance to extend the term of the Franchise and establish a change in the franchise fee payment requirements, (the "Extension Ordinance"), attached to this Transfer Ordinance, and made part of this Transfer Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AS FOLLOWS: SECTION 1. The City hereby consents to the Transaction, all in accordance with the terms of the Franchise, subject to adoption by the City of the Extension Ordinance attached, and acceptance by TCI and Applicant, on the form attached, of this Transfer Ordinance within seven days after its adoption, and the written acceptance by TCI and acknowledgment by Applicant of the attached Extension Ordinance, within ten days after its adoption. SECTION 2. The City confirms that (a) the Franchise was properly granted or transferred to TCI, (b) the Franchise represents the entire understanding of the parties and TCI has no obligations to the City other than those specifically stated in the Franchise, this Transfer Ordinance and the Extension Ordinance attached, and (c) to the best of City's knowledge, TCI is materially in compliance with the provisions of the Franchise with the exception of connections to the City Marina and International Airport and there otherwise exists no fact or circumstances known to the City which constitutes or which, with the passage of time or the giving of notice or both, would constitute a material default or breach under the Franchise or would allow City to cancel or terminate the rights thereunder, except upon the expiration of the full term of the Franchise, subject to applicable law, including Section 626 of the Cable Act. SECTION 3. This Transfer Ordinance shall be deemed effective for purposes of the Transaction upon the consummation of the Transaction contemplated by the Exchange Agreement. 207 SECTION 4. This Transfer Ordinance shall have the force of a continuing agreement with TCI and Applicant, and the City shall not amend or otherwise alter this Transfer Ordinance without the consent of TCI and Applicant. SECTION 5 The letter dated October 2, 2000, from Time Warner to the City's Consultant, attached is made part of this Transfer Ordinance. SECTION 6. The Extension Ordinance attached is made part of this Transfer Ordinance. SECTION 7. Upon the consummation of the Transaction, Applicant assumes all the benefits and liabilities under the Franchise. SECTION 8. This Transfer Ordinance is conditional upon compliance with TCI and Applicant to the terms and conditions of this Transfer Ordinance, and after adoption of this Transfer Ordinance and their written Acceptance on the form attached and made part of this Transfer Ordinance being filed with the City within ten days after final adoption; and, the written unconditional Acceptance by TCI and acknowledgment by Applicant to the terms of the Extension Ordinance, attached hereto, within ten days after its final adoption. SECTION 9. This Transfer Ordinance shall be effective, conditional on TCI and/or Applicant paying to City, together with the acceptance described in Section 8 hereof, reimbursement of City costs in the amount of $5,000. 208 ACCEPTANCE OF ORDINANCE RELATING TO TRANSFER OF A FRANCHISE FOR A CABLE TELEVISION SYSTEM IN THE CITY OF CORPUS CHRISTI, TEXAS WHEREAS, the City of Corpus Christi. Texas ("City") by action of its governing body on , 2000, adopted an Ordinance No. ("Transfer Ordinance") approving the transfer of ownership of the Franchise of the cable system and Franchise held by TCI Cablevision of Texas, Inc. ("TCI") to Texas Cable Partners, L.P. ("Applicant") and subject to an Extension Ordinance and this Acceptance. NOW, THEREFORE, pursuant to the terms and requirements of the Franchise and the Transfer Ordinance, and in consideration of the City's approval of the transfer of the Franchise, Applicant accepts the Franchise and all conditions in the Transfer Ordinance with the understanding its acceptance is hereby subject to the acceptance as herein required of TCI, and, TCI provides hereby its acceptance of the Transfer Ordinance and, will provide its written acceptance to City of the Extension Ordinance attached as an exhibit to the Transfer Ordinance, Applicant and TCI make the following representations and warranties to the City: Applicant is a duly organized, validly existing, and in good standing under the laws of the State of Delaware, and is authorized to do business in Texas and has full power, authority. and legal capacity to execute, deliver, and perform this Acceptance and perform the terms and conditions of the Franchise and the Transfer Ordinance. For Applicant, all actions necessary to authorize the execution and delivery of this Acceptance and the performance of the Franchise and Transfer Ordinance, have been duly authorized by all necessary and required proceedings, The execution and delivery of this Acceptance by Applicant and the performance of the terms of the Franchise and the Transfer Ordinance and the Extension Ordinance made part of the Transfer Ordinance, does not and will not conflict with or result in the breach or termination of, or constitute a default under, any indenture or instrument with respect to the borrowing of money, or any material contract, lease, or agreement, or order, judgment, or decree or any law, rule, or regulation to which Applicant is a party or by which it or any of its property is bound or affected. Applicant acknowledges that City has furnished to it copies of the existing Franchise between TCI and the City, the City's Master Cable Services Regulatory Ordinance, and information relating to the pending franchis,~ renewal. Further, Applicant acknowledges that it has read and fully understands all of these materials and documents. Applicant has carefully read the terms and conditions of the Franchise, the Master Cable Services 209 Regulatory Ordinance of the City, the Transfer Ordinance, and the Extension Ordinance attached to the Transfer Ordinance, and accepts the rights, duties, and obligations created thereunder, subject to its rights under applicable state and federal law and without waiving any rights Applicant may have. Applicant agrees that it will promptly commence the process of franchise renewal and continue to negotiate in good faith according to a schedule agreed to between Applicant and City. Applicant represents that it has the legal, technical, and financial qualifications to fully and timely perform all obligations of the Franchise, the Transfer Ordinance, and the Extension Ordinance attached to the Transfer Ordinance, and agrees to be bound by each. Applicant or any of its representatives or agents have not committed any illegal acts or engaged in any wrongful conduct contrary to, or in violation of. any federal, state, or local law or regulation in connection with the obtaining of the Franchise. TCI represents and acknowledges that the Transfer Ordinance and the Extension Ordinance attached to the Transfer Ordinance, are in part consideration of TCI's cooperation and assistance relating to the process of renewal of the Franchise and the obligations of TCI as set forth in the Transfer Ordinance, including acceptance by TCI of the Extension Ordinance after adoption by City and with the understanding that the terms of the Extension Ordinance shall remain in full force and effect even in the event the Transaction approved by the Transfer Ordinance is not closed. Dated: ,2000 TEXAS CABLE PARTNERS, L.P. By Its STATE OF ) ) COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this of ,2000, by , the of Texas Cable Partners, L.P. day SEAL Notary Public 210 Planning Department Memo From: Date:. November 7, 2000 Re.' Continued Zoning Case No. 0900-05, Supchai & Mai Ho Chanyadak On October 24, 2000, the City Council continued the above referenced zoning case in order for the applicant to meat with the Planning Staff in order to develop Special Permit options. The following is a description of each option. OPTION 1: Denial of the requested "B-1A" District, and in lieu thereof, approval of an "AB' Professional Office District. This option would eliminate the restaurant use deamed offensive by the neighbors and Council members. The "AB" District would allow the applicant the opportunity develop the subject property with the proposed building with limited signage. The "AB" District would allow one wall sign with an area not to exceed twenty (20) square feet. OPTION 2: Denial of the requested "B-1A" District, and in lieu thereof, approval of an "AB" Professional Office District with a "SP" Special Permit for limited retail uses subject to a site plan and six (6) conditions. This option is similar to Option 1, except that it permits retail uses subject to a site plan. The conditions will limit the retail floor area to twenty (20) percent of the gross floor area of the building, require additional landscaping, and limit the hours of operation. OPTION 3: Denial of the requested "B-1A" District, and in lieu thereof, approval of a "SP" Special Permit subject to a site plan and seven (7) conditions. This option would leave the "R-1B" One-family Dwelling District intact, except that the Special Permit would allow professional offices subject to a site plan. The conditions would limit the floor area of the proposed building, require additional landsceping, require a screening fence, and limit the hours of operation. This option would also limit the signage to the "R-1B" District standards which is one wall sign with an area not to exceed one square foot. Section 25-3 of the Zoning Ordinance prohibits using a Special Permit to increase the sign area or number of signs beyond which is allowed as a matter-of- dght. The applicant has no objection to Option 1 or 2, but prefers Option 1. The applicant's objection to Option 3 is the limitation on signage. H:~DLN-DIR\ERMA\WORD~,GENDMEM~0900-05BACKUp. DOC 211 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (city. Council Action Date: October24. 2000) Case No. 0900-05. SuDchai and Mai Ho Chanvarlak: A change of zoning from an "R-1B" One- family Dwelling District to a "B-1A" Neighborhood Business District on Hart Addition. Block D, being 0.895 acre out of Lot F. located on the north side of Leopard Street, approximately 200 feet west of Hart Road. Plannin~ Commission and StafFs Recommendation (09/27/00): Approved. Re~luested Council Action: Approval of the "B-1A" Neighborhood Business District and adoption of the attached ordinance. Purnose of Recluest: To develop office complex and retail shops. Summary: A change of zoning from an "R-l B" One-family Dwelling District to a "B-1A" Neighborhood Business District was requested in order to construct a commercial building of a residential style to house an office for applicant's personal use and limited retail. The applicant owns and maintains a residence on the adjacent lot to the north. The proposed building is one-stury and contains approximately 4~600 square feet in area. The subject properly is a 0,895-acre tract of land that is undeveloped and with access only to Leopard Street, an arterial. Adjacent to the north and west are single-family residences and to the east, a vacant lot that fronts Hart Road. The "B-IA" District was created to be more sensitive to existing residential development than a "B-I" Neighborhood Business District by eliminating uses~ such as fueling stations, liquor stores and pawnshops, and limiting the hours of operation to bem'een 6:30 a.m. and 10:00 p.m. Approval ofa "B-I A" District with direct access to an arterial an: no direct access to a local street would not adversely impact the surrounding properties. AOnlicant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Prior to the date of this memorandum, nine (9) notices were mailed to the property owners within a 200-foot radius. of which one (1) was returned in favor (being same as the applicantjowner) and two (2) in opposition. Seven (7) letters in opposition from outside the notification area were also submitted. The 20% rule is in effect. Michael N. Gunning, AICP Director of Planning MG/MS/er Attachments: 1) Elevation Plan Page 2 2) Site Plan Page 3 3) Zoning Report Pages 4-11 4) Comments Received Pages I2-16 5) Planning Commission Minutes Pages 17-18 6) Ordinance Pages 19-22 H:XPLN-DIRXERMA\WORDXAGENDMEM\0900-0SAGENDANIENiO.DOC 212 213 214 c.~ CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearin~ Date: Map No.: Applicant: Legal Descrintion/Location: 0900-05 September 27, 2000 56-1 (LIOA) Supchai and Mai Ho Chanyarlak Hart Addition, Block D, being 0.895 acre out of Lot F, located on the north side of Leopard Street, approximately 200 feet west of Hart Road. Area of Recmest: Lot(s) Area: Current Zoning: Request: Current Use of Prohem': Putnose of Re~luest: Zoning Change Requested Due to Notice of Violation: Ariacent Zoning: 0.895 acre (38,994 square feet) Same as above. "R-1B" One-family Dwelling District "B-1A" Neighborhood Business District Undeveloped land. Office complex and retail shops. Not applicable. Noah, East, West - "R-1B" One-family Dwelling District South - "B-I" Neighborhood Business District Adjacent Land Use: North, West - Single-family residences. South - (across Leopard Street ~ Medical center and undeveloped land. East - Undeveloped land. 215 ~ Zoning Report Case No. 0900-05 (Supchai & Mai Ho Chanyarlak) Page 2 Number of Residential Units Allowed: "R-1B' - 6 units (7.26 dwelling units per acre) "B-1A" - 32 units (36 dwelling units per acre) Estimated Traffic Generation: Specialty retail center - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,600 square feet of gross floor area = 187 average weekday vehicle trip ends. Ariacent Streets/Classification: a) Leopard Street - arterial Ri~ht-of-Wav Design Current: a) 120-foot right of way with 2, 36-foot rural pavement width and a 26-foot wide median. Planned: a) 120-foot right-of-way with 2, 37-foot back-to-back pavement and a 26-foot wide median. 1996 Traffic Count (24-hour. weekday. non-directional): a) None available. Zonin~ Historv of Property: There has been no rezoning activity within the past five (5) years. Recent Surroundino~ Zonino~ Cases: Thee has been no rezoning activity in the area ~vithin the past five (5) years. Zonin~ Inventory: The subject property is part of an "R-1B" District area containing approximately 3,000 acres and predominately developed with single-family residences. East of the subject property, there are 6.93 acres of land zoned a "B-4" District that is partially undeveloped and another portion developed with a retail center. To the southeast is a 94.75-acre tract of land zoned an "F-R" District and remains undeveloped. South of the subject property, there is a "B-I" District containing 8.79 acres developed ~vith a fire station. a medical center. apartments. and a business center and a vacant tract of land. 216 d Zoning Report Case No. 0900-05 (Supchai & Mai Ho Chanyarlak~ Page 3 Plannin~ Staff Analvsis: General Characteristics and Back_oround: A change of zoning from an "R-1B" One-family Dwelling District to a "B-1A" Neighborhood Business District was requested in order to construct a commercial building of a residential style to house an office tbr appticant's personal use and limited retail. The applicant owns and maintains a residence on the adjacent lot to the noah. The proposed building is a one-story and contains approximately 4,600 square feet in area. The subject property is a 0.895-acre tract of land that is undeveloped and with access only to Leopard Street, an arterial. Adjacent to the north and west are single-family residences and to the east, a vacant lot that fronts Hart Road. The "B-1A" District was created to be more sensitive to existing residential development than a "B-I" Neighborhood Business District by eliminating uses, such as fueling stations, liquor stores and pawnshops, and limiting the hours of operation to between 6:30 a.m. and 10:00 p.m. Approval of a "B-1A" District with direct access to an arterial and no direct access to a local street would not adversely impact the surrounding properties. However, since the adjacent property to the east remains undeveloped, it is probable that the property owner or prospective purchaser of the adjacent lot to the east may also request non-residential zoning. Conformity to the Comprehensive Plan and Land Use Comvatibilitv: Overall, the Comprehensive Plan Elements can be supportive of the requested "B-1A" District because of its direct access to an arterial. The north~vest Area Development Plan's adopted future land use map recommends the area to develop with commercial uses. The requested "B-1A" District is consistent with the Plan' s recommended land use. Potential Housin~ Density: The "R-1B' District permits a density of 7.26 dwelling unit per acre or six (6) units on the subject property. A "B-1A" District permits a density of 36 dwelling units per on property fronting an arterial or 32 units on the subject property. The development of an apartment development would not be appropriate in this area, but the adjoining roadway would be able to accommodate the increase in traffic. Heiv, ht/Bulk/Setbacks/Etc.: An "R-1B' requires a from yard setback of 25 feet with a side and rear yard setback of five (5) feet each. A "B-1A" District requires a front yard setback of twenty (20) feet with a side and rear yard setback of ten (10) feet for residential development. Nonresidential development does not require a side or rear yard setback unless adjacent to a residential district where a side yard of ten (10) feet and a rear yard of fifteen (15) feet are required. Development of the subject property with a business use will require a 10-foot setback from its east and west property lines and a 15-foot setback from its north property line. Building heights in the "R-1B" District are limited to 35 feet not to exceed three (3) stories. The "B-1A" District limits building heights to 36 feet or, if adjacent to a residential district, it is limited to 26 feet. Si~na~e: Signs in the "R-1B" District are limited to one wall sign not to exceed a sign area of one square foot. The "B-1A" District permits ~vall signs with an area of one square foot for each linear foot of building frontage having a door for the public. A freestanding sig-n is 217 Zoning Report Case No. 0900-05 (Supchai & Mai Ho Chanyarlak~ Page 4 also permitted in the "B-1A" District provided it does not exceed thirty (30) square feet o~ ¼ of one square foot for each linear foot of frontage along an arterial. whichever is greater, but not to exceed fifty (50) square feet. The freestanding sign must not exceed a height of fifteen (15) feet and setback at least ten (10) feet from abutting rights-of-way. Traffic: The proposed 4,600 square foot commercial building is projected to generate approximately 187 daily trip ends. With direct access to a divided arterial, this increase in traffic ~vill have minimal impact on the adjoining arterial. ParkingScreening: A retail establishment and a medical office are required to provide off- street parking at a rate of one parking space for each 200 square feet of gross floor area. An office use is required to provide off-street parking at a rate of one parking space for each 250 square feet of gross floor area. Compliance with the off-street parking regulations will be required during the permitting phase. A masonry wall with a height of not less than six (6) feet is required along the rear property line when a nonresidential use abut a residential district. A standard screening fence with a height of not less than six (6) feet is required along the side property lines when a nonresidential use abuts a residential district. If the request "B-1A" District is approved, a standard screening fence wilt be required along the east and west property lines and a masonry wall along the north property line. Along with a the masonry wall, a landscape strip with a width of fifteen (15) feet will be required adjacent to and parallel to the rear property and must contain a 2-inch caliper canopy tree every thirty (30) feet on center. Costs to City: All of the infrastructure required to serve the proposed development is available. There are no anticipated costs to the City. Platting: The subject property is a portion of a larger tract and may be required to replat prior to the issuance of a building permit. Pros: (Ideas in support of the request.) a) The subject property has direct access to an arterial and no direct access to a local residential street. b) The requested business district is an expansion of the business district to the south but is more protective of the residential area. c) The requested "B-1A" District is consistent with the Northwest Area Development Plan's adopted land use map. Cons: (Ideas in support of maintaining the current zoning.) a) Approval of the "B-1A" District would be the catalyst for more nonresidential zoning on the north side of Leopard Street. ; Zoning Report Case No. 0900-05 (Supchai & Mai Ho Chanyarlak) Page 5 b) Approval of a business district would disrupt the established residential zoning along the north side of Leopard Street. Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List Northwest Area Location Map H:\PLN-DIR ERMA\WORD~ZONRPTS\09004~SREPORT.DOC 219 HARI :.C. HART PARTI N WOODLAWN CREEK UNIT I 1 30 A-I HART H 12 PARCEL B C.C. 7 6 8 LUMHAR' WAL--MART ;UBDIVISION ANNAVILLE · - Property Owner in Favor X Property Owner Opposed tSee Comments on Page(s) /,2- Oct 2, 2000- RP loo 3oo CASE Z0900-05 220 Subject property Owners within 200 feet listed on attached ownersni~ list APPLICANT: SUPCKAI AND MAI HO CHANY~,LAK 11610 LEOPARD ST. 78410 1 1 2 3 4 5 7 8 9 SP OWNERSHIP LEST CASE NO. 0900-05 REPRESENTATIVE: WILKINSON/REED DEVELOPMENT, iNC. 410 S. PADRE ISLAND DR., STE. 205 78405 7618.61 326700030Si0 NUECES COLrNTY RURAL FIRE 755.45 326700030020 NUECES COUNTY RURAL FIRE 41752.00 32670007C040 JOHNSON TROY D ET UX 44972.00 326700090110 COSTON WILLI~4 H ET UX 35456.12 326700090120 PINKERTON EDSIEL K ETUX 2697.08 326700090130 DUNN THOMAS JAMES 30923.03 983500010120 ALLEN & HEDRICK PROPERTIE 14548.28 983500090400 ONE MED CORP 121422.69 ROW DEPT. OF TRANSPORTATION 52892.05 CF_ANYARLAK SUPCHAI ET UX Ct{ANyARLAK SUPCHAI ET trx 11551 LEOPARD 11601 LEOPARD 11640 LEOPARD 4401 HART 4443 HART 4445 HART 11633 LEOPARD 11559 LEOPARD 1701 SPID 11610 LEOPARD 11610 LEOPAPjD ARTURO ALMENDARIZ, SUPT. CALALLEN I.S. D. 4205 WILDCAT DR. 78410 NUECES ELECTRIC COOPERATIVE, INC. C/O FRANK WILSON P. O. BOX 1032 ROBSTOWN, TEXAS 78380-1032 JEN'NELL RICHTER RECORD STAR P. O. BOX 1192 ROBSTOWN, TEXAS 78380 M_n. RK CRIDER 4402 HART ROAD 78410 PAUL OWENS, JR. 11644 LEOPARD ST. 78410 H;\pLN-DIR\ERFA\WORD\OWNERSHIP LiST\0900-05OWNERSHIP.DCC 221 222 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 0900-05 Supchai and Mai Ho Chanyarlak · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) II. Notices returned from within the 200-foot notification area: Favor: 9) Supchai & Mai H. Chanyarlak, 11610 Leopard St. No written comment. Opposition: 2) Troy D. and Torrmaie K. Johnson, 11640 Leopard St. "This is a residential area and has been for over 35 years. It will reduce the value of our property and increase traffic in a quiet area. Once business gets into this area, our homes xvill no longer be private or valuable. This is our life's investment." 5) Thomas J. Dunn, 4445 Hart Road No written comment. Responses received from outside the 200-foot notification area: None. Favor: Opposition: · Sandra K. Crider, 4402 Hart Road Kenneth and Kathleen Dixon, 4522 Hart Road Celia Bugis, 4526 Hart Road C. Kevin Wahl, 4444 Hart Road See attached letter. Mark Crider See attached letter. 223 Case No. 0900-05 (Supchai and Mai Ho Chanyarlak) Page 2 · Mr. and Mrs. Paul J. Owens, Jr., I 1644 Leopard St. "We have owned this 3.0 acres since 1972 and have spent several hundred thousand dollars to improve and have a nice home and neighborhood. We feel this rezoning would cause property values to decline. If a worst case scenario were to take place and a business were placed there that was detrimental and offensive to the surrounding community. Mr. Chanyarlak told our neighbor that he was going to rent office space to some lawyers. I don't think that is a neighborhood business. We hope the Planning Commission can see our feelings to~vard this zoning. It will cause more traffic on Leopard and we don't need that." · Kelton and janice Pinkerton See attached letter. III. Responses received from owners/applicants of subject area: Favor: · Supchai & Mai H. Chanyarlak, 11610 Leopard St. (Applicant/owner) No written comment. Opposition: None. H:XPLN-DIR\ERMA\WORD'COMMDATA\0900-05COM.DOC 224 We understand that the city is considering convening a pan of Lot"F" located 200 fbet west of Hart Road to "BI-A" from "R-1B". Guess we'll get to enjoy "track side seats" when the traffic comes by while avoiding the congested intersection at Violet and Leopard going to and from this "neighborhood business" .All joking aside, we know the city will not be fooled into thinking this won't happen "because it's a computer supply warehouse with some offices and they don't do business with the public". Everyone knows how capricious business is,especially the computer business. That place if converted,could very well become a "greasy spoon"restaurant that would have dumpsmrs,grease traps and tanks of refuse to draw hordes of disease bearing vermin. I'm also sure Mr. and Mrs. Pinkerton wouldn't enjoy the scenery. of the back of a filthy restaurant or worse while languishing on their patio directly behind this building. ! % /4 '- [ofl 225 9125/00 11:2~ ICE I Mark Crider ] Subject: Date: FrL 22 Sep 2000 15:21:11-0500 From: Mark Crider <cccoat(~swbetl.net,> I understand Supchai and Mai Ho Chanvarlak want to convert a. 895 acre tract out of Lot F, located on the North side of Leopard street,approximately 200 feet West of Hart Rd.. The conversion of this piece of property from "R-1B" One Family Dwelling District to "B-1A"Neighborhood Business District would certainly be an affront to all the residents in that immediate area who have spent hundreds of thousands of dollars on their homes and properties to enhance and beautify. the neighborhood. Property values could decline to half or more of their present value if a worst case scenario were to take place and a business were placed there that was extremely detrimental and offensive to the surrounding close community and in the middle of these expensive homesites. The Chanvartaks have communicated to some of the neighbors that they want to have a computer business office at that location. That may be true, but things change with time,sometimes rapidly in the business world, and we could on a worst case scenario wind up with a pornographic video rental store on one extreme to no telling what kind of business there in the very near future. The lot adjoining them on the East, is the comer of Hart Rd. and Leopard St. and directly across Hart Rd. from my house and properties which I have invested my lifes work in to have a nice place that fits in with the neighborhood we have had there for the last thirty five or so years. The change in zoning could trigger a request to extend the zoning line on to Hart Rd. and allow more businesses to be built to the comer causing a major traffic flow through our neighborhood to and from 1-37. This would become a very dangerous situation to all of us living there on Hart Road. A business located at the proposed change site will also cause a significant amount of traffic flow on Hart Road by people avoiding the Violet/Leopard intersections and using the Up River Road neighborhoods to Hart Road creating more of a traffic problem in our neighborhood. I understand the Chanvarlaks have several acres out of sight near their new home they just built behim this lot F that is proposed for change that they could warehouse their computer supplies without devastating our neighborhood's looks and values. Please be advised that my family and I are vehemently against this proposal to change the zoning to create a more dangerous neighborhood. 1 ofl 226 9/2ZI00 3:3~ ~TE: Sept 25,~000 SUBJECT: Zoning Change ATTEN: Migue~ Saldana FROM: Kelton j Janice Pinkerton I understand the city zoning and planning commission is considering conver~ng a .895 acre tract ou~ of Lot "F" thats located about 200 ~eet west o~ Hart Road. That piece o5 property is located adjacent to my residence property on Hart Road. I didn't recieve notice of th~s proposed change. I 'm lucky . I guess, that our neighborhood grapevine i~ alive and well here on Hart Road. We won't be alive and well if this proper~y is rezoned to "B-IA". It will be tantamount to a death sentence for our children, pets that aceidentl~ get loose , ~a~ autos and residental p~operty values. We neighbo~ have repeatedly ugered the c~y to do something ~or ~u~ic co~erol. They have responed by placing "Limited" sight sig~ along the street and loweing the speed l~, all to no avail. We are currently working to get speed bumps instaZ~ed. ~nything that has the potent~ to increse traffic in our front ~urds should be viewed as a poten~lal threat to everyone. A neighborhood business with a ~u~e propensity of becoming anything offe~ive and increasing ~af~ic to a residential area should be o~ the highest concern for the planning commision and city council to avoid permi~ng or change. I and my wife have barely escaped being hit by traffic while atZemping to back out our driveway. More traf~i~ on Ha~t Road is a big N0. KELTON PINKERTON JANICE PINKERTON 227 Planning Commission Minutes September 27, 2000 Supchai and Mai Ho Chanyarlak: 0900-05 REQUEST: "R-1B" One-Family Dwelling District to "B-1A" Neighborhood Business District on Hart Addition. Block D. being 0.895 acres out of Lot F. and located on the north side of Leopard Street. approximately 200 feet west of Hare Road Mr. Saidaria presented a slide illustration of the subject propert).' and the surrounding area. The subject property is part of an "R-1B" District area containing approximately 3,000 acres and predominantly developed with single-family residences. East of the subject proper'~.'. there are 6.93 acres of land zoned a "B-4" District that is partially undeveloped and another portion developed with a retail center. To the southeast is a 94.75-acre tract of land zoned an "F-R" District and remains undeveloped. South of the subject property, there is a "B-i" District containing 8.79 acres developed with a fire station, a medical center, apartments, and a business center and a vacant tract of land. Mr. Saidaria stated that the applicant requested a change of zoning to construct a commercial building to house an office and some retail shops. The proposed building is planned to be a one-story building of approximately 4,600 square feet in area. The subject property. is a 0.895-acre tract of land that is undeveloped and has its only access to Leopard Street. an arterial. As requested. the "B-1A" District is a district that has been created to be sensitive to existing residential development by eliminating uses, such as fueling stations, liquor stores, and pawnshops, and limiting the hours of operation to between 6:30 a.m. and 10:00 p.m. Therefore, approval of a "B-IA' District with direct access to an arterial and no direct access to a local street would not adversely impact the surrounding properties. However, since the adjacent property to the east remains undeveloped. it is probable that the property owner or prospective purchaser of the adjacent lot may want to extend to non-residential zoning to the lot. Mr. Saidaria continued that the applicant proposes the structure to look like the First American Building. The subject property. is located within the Northwest Area Development Plan, which recommends the property to develop with commercial uses. Therefore. Staff recommends approval of the rezoning request. There were eight (8) notices mailed to property. owners within a 200-fuot radius of the subject property. of which one was--- returned from the applicant in favor, two (2) letters from outside the radius were returned in opposition. Mr. Saidaria stated that the "B-1A" District permits restaurants without a drive-though and requires grease traps and service areas to be located not closer than 50 feet from residential property. Wilkinson, representing the applicant. stated that she wanted to address the concerns of the neighborhood with the applicant's business. She stated that the property will not be occupied by the owner who lives behind the subject property. Mr. Wilkinson also expressed concerns such as the applicant providing computer services outside the area and will not increase the commercial traffic in the area. She believes that the business will enhance the area. The business of the applicant is computer archlying. AJ Read, stated that a masonry. fence will be erected as required by the "B~IA" District between the left side of the property and the east side of the property.. Joe Garcia, Beeville. Texas, stated that the design for the structure is similar to the First American Title Company. The building would work well either the area because it is in keeping with the area. Mr. Garcia presented a site plan. He described the parking lot by stating that it would be to the left side of the property, which is the access lot to the home. Mr. Garica continued by stating that the building is setback further than required and will require landscaping as illustrated on the site plan. He continued that the "B-IA" District is a good zoning district that everyone has worked to create. Mark Cryder, 4402 Hart, stated that the properp,.' had been sold. Mr. Cryder stated that the propert}.' is being rezoned and repiatted in order to sell the properr>.'. He expressed concern with the view of nearby residents being obstructed by a neighborhood business. In response to Commissioner Kelly' s question regarding opposition, Mr. Cryder stated that he was opposed to any commercial development in the area. -- 228 /7 Planning Commission Minutes September 27, 2000 Case No. 0900-05 (Supchai and Mai Ho Chanyarlak) Page 2 Tonya Ray Johnson. I640 Leopard. stated that she lived next door to the subject property.. Ms. Johnson wanted to know the intent of the business. She stated that she believes that the propert3.' would be better used as a lawyer's office and conference room. Ms. Johnson expressed concern with the applicant moving to Austin, Texas because his business continues to grow in Austin. She wants to keep businesses out of the area. In response to Commissioner Kelly's question regarding an "AB" District. Mr. Gunning stated that no retail sales are allowed: however a service business could operate in an office district. Paul Owens, 11614 Leopard, stated that he has lived in the area since 1972, and there have always been nice homes in the area. Mark C~Ider stated that he wanted a guarantee for the property.. Public hearing was closed. Commissioner Kelly stated that due to the fact that the applicant lived directly behind the subject property, he was inclined to believe that the applicant would develop the property in a tasteful manner that would be in accordance with the neighborhood. He continued that the neighbors should be agreeable to the development for that fact. The Commission briefly discussed zoning districts across Leopard Street. Motion by Mims, seconded by Cheek, to approve Staff's recommendation, Motion passed unanimously with Richter. Salazar, and Zamora being absent. 229 PLANNING COMMISSION AND STAFF'S RECOMMENDATION AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SUPCHAI AND MAI HO CHANYARLAK, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.895 ACRE OUT OF LOT F, BLOCK D, HART ADDITION, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "B-1A" 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 Supchai and Mai Ho Chanyarlak 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, September 27, 2000, during a meeting of the Planning Commission, and on Tuesday, October 24, 2000, and November 14, 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 0.895 acre out of Lot F, Block D, Hart Addition, located on the north side of Leopard Street, approximately 200 feet west of Hart Road, from "R-1B" One-family Dwelling District to "B-1A" Neighborhood Business District. A metes and bounds description of the subject property is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 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~\DDCURT~S~1YD~CS~2~P&Z~RD~Zc~ning~rci~)~YLEC~Z~9~5a`d~c 231 Page 2 of 3 SECTION 5. That all ordinances or par~s of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the officiai publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 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 24t" day of October, 2000. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neai, Jr. City Secretary Mayor, The City of Corpus Christi APPP, OVED AS TO LEGAL FOP,M November 6, 2000 James R. Bray, Jr. City Attorney By: Doy~leDu~n~s ~ Senior Assistant City Attorney \\C~TYHALL~2%USERS\LEG`~R\N~EM~\DDCURT~S~YD~CS~`~P&Z~RD~NING`~RD\D~YLEC~Z~9~5A.D~C 232 (361)854-3101 URBAN PO. BOX 6355 · CORPUS CHRISTi, TEXAS 78466-6355 SEPTEMBER 13, 2000 · JOB NO. 36902.A000 FAX (361 )854-6001 EXHIBIT "A" STATE OF TEXAS COUNTY OFNUECES FIELDNOTES for a 38,993.507 square foot tract of land out of Lot F, Block D, Hart Addition, a map of which is recorded in Volume 39, Page 137, Map Records of Nueces County, Texas~ said 38,993.507 square foot tract being more fully described as follows: BEGINNING at a 5/8 inch iron rod found on the north boundary. of Leopard Street (State Highway No. 9), a 160 foot wide public roadway, for the southwest comer of a 0.978 acre tract of land out of the C.C Hart Partition, Share 9, recorded in Document Number 1998040571, Official Public Records of Real Property of Nueces County, Texas, for the south comer of said Lot F, Block D and of this tract; THENCE North 56°23 '00" West, with the north boundary of said Leopard Street and the south boundary of said Lot,F, Block D, a distance of211.96 feet (plat = 212.60 feet) to a 5/8 inch iron rod w4th red plastic cap labeled "URBAN ENGR C.C. TX' set for the southwest comer of this tract, from which a found 5/8 inch iron rod bears North 56°2700" West, a distance of35.11 for the Southwest comer &said Lot F, Block D, for the southeast comer of a 1.47 acre tract out of the C.C. Hart Partition, Share 7 and 8, recorded in Document Number 1997020416, Official Public Records of Real Property_ of Nueces County, Texas: THENCE North 29°08'36" East, parallel with the west boundary of said Lot F, Block D, same being the east boundary of said 1.47 acres, and 35.00 feet distant there from. measured at right angles thereto a distance of 203.91 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENGR CC. TX" set for the northwest comer of this tract: THENCE South 56°25'27" East, a distance of 31.77 feet to a 5/8 inch iron rod with red plastic cap labeled "LrRBAN ENGR C.C. TX" set for an interior comer of this tract; THENCE North 33°27'52" East, a distance of 13.88 feet to a 5/8 inch iron rod with red plastic cap labeled "URBAN ENGR C.C. TX" set for a comer of this tract; 2725 SV%'ANTNER DR. · CORPUS CHRISTI, TEXAS 78404 mclil~Surbaneng,Com THENCE South 55'19'04" East, a distance of 12096 feet to a 5/8 inch iron rod found on the east boundary of said Lot F, Block D, forthe northwest comer of the aforementioned 0.978 acre tract, for the southwest comer of a 0.885 acre tract out of the CC. Partition. Share 9, recorded in Volume 1571, Page i89, Deed Records of Nueces County, Texas and the northeast comer of this tract: THENCE South 14°13'00" West, with the east boundary of said Lot F, Bloc2.. D and of this tract, same being the west boundary of the 0.978 acre tract, a distance o: 227.90 feet (deed = 227.79 feet) to the POINT OF BEGIN~'NING and containing 38,993.507 square feet of land. Bearings based on the south boundary of Lot F, Block D, Hart Addition, a map of which is recorded in Volume 39, Page 137, Map Records of Nueces County. Texas. Unless this Fieldnotes Description. including preamble, seal and signature, appears in its entirety, in its original form. surveyor assumes no responsibility or liability for its accuracy. URBAN ENGINEERING 234 OPTION 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SUPCHAI AND MAI HO CHANYARLAK, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.895 ACRE OUT OF LOT F, BLOCK D, HART ADDITION, 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 concerning the application of Supchai and Mai Ho Chanyarlak 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, September 27, 2000, during a meeting of the Planning Commission, and on Tuesday, October 24, 2000. and November 14. 2000. during a meeting of the City Council, in the Council ChamDers. at City Hall, in the City of Corpus Chris~i. 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 0.895 acre out of Lot F, Block D, Hart Addition, located on the north side of Leopard Street. approximately 200 feet west of Hart Road, from "R-1B" One-family Dwelling District to "AB" Professional Office District. A metes and bounds description of the subject property attached as Exhibit A. 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%USERS~-EG-D~R\N~EM~D~CURT~S~MYD~CS~&Z~RD~n~ng~ci~YLEC~Z~9~5~`d~c Page 2 of 3 SECTION 5. That all ordinances or pans of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication snail be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chris~i. SECTION 7. That upon written request of the Mayor or five Council members, copy attached. the City Councfi (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 14tn day of November, 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 November 6, 2000 James R. Bray, Jr. City Attorney \\C~TYHALL~2\USERS\LEG~D~R\N~EMt~DDCURT~S~YD~CS~P&Z~R[:)~-~N~NG~RD~D~YLEC~z89~5D.D~C 236 OPTION 2 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SUPCHAI AND MAI HO CHANYARLAK, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.895 ACRE OUT OF LOT F, BLOCK D, HART ADDITION, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT AND BY GRANTING A SPECIAL PERMIT FOR LIMITED RETAIL USES, SUBJECT TO A SITE PLAN AND SIX (6) 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 Supchai and Mai Ho Chanyarlak 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, September 27, 2000, during a meeting of the Planning Commission, and on Tuesday, October 24, 2000, and November 14, 2000, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Chrieti, 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 0.895 acre out of Lot F, Block D, Hart Addition, located on the north side of Leopard Street, approximately 200 feet west of Hart Road, from "R-1B" One-family Dwelling District to "AB" Professional Office District. A metes and bounds description of the subject property is attached as Exhibit A. SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for limited retail uses on 0.895 acre out of Lot F, Block D, Hart Addition, (zoned "AB" Professional Office 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, attached as Exhibit B, and the following six (6) conditions: ~C~TYHALL~2~`USERS\LEG~R\N~EM~\D~CURT~S.~YD~CS~`~P&Z~R~Z~N~NG~RD~:)~YLEC~Z~9~5C.D~C 2~7 Page 2 of 4 1. ALLOWED USE: The only uses authorized by this Special Permit other ~ those uses permitted by right in the "AB" Professional Office District are re~.ll sales. 2. FLOOR AREA: Retail sales use may not exceed a total floor area greater than twen~ (20) percent of the gross floor area of the building. 3. LANDSCAPING: In addition to Article 27B, Landscape Regulations, canopy trees with a minimum caliper of two (2) inches must be planted thirty (30) feet on center along the rear setback area. Also, tree plantings in the front yard must be spaced no more than thirty (30) feet on center. 4. HOURS OF OPERATION: The permitted retail uses are limited to the hours between 6:30 a.m. and 10:00 p.m. 5. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be directed away from the surrounding residences and adjacent public rig ht-of-way. 6. 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. 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 atl 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. \%C~TYHALL~2%USERS\LEG-D~R%N~EM~\DDCURT~S~V~YD~CS~2~%P&Z~RD~%Z~N~NG~RD%D~YLEC%Z~9~5C~D~C 238 Page 3 of 4 SECTION 9. 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 14'h day of November, 2000. ATTEST: THE CITY OF CORPUS CHRIST| Armando Chapa Samuel L. Neat. Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 6, 2000 James R. Bray, Jr. City Attorney By: Senior Assistant City Attorney \\C~TYHALL~2~USERS~LEG-D~R~N~EM~DDCURT~S~MYD~CS~P&Z~R~N~NG~RD~YLEC~Z~9~5C.D~C 240 OPTION 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY SUPCHAI AND MAI HO CHANYARLAK, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.895 ACRE OUT OF LOT F, BLOCK D, HART ADDITION (CURRENTLY ZONED "R-1B" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR PROFESSIONAL OFFICE USES, SUBJECT TO A SITE PLAN AND SEVEN (7) 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 Supchai and Mai Ho Chanyarlak 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, September 27, 2000, during a meeting of the Planning Commission, and on Tuesday, October 24, 2000, and November 14, 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 the following amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by granting a Special Permit for professional office uses on 0.895 acre out of Lot F, Block D, Hart Addition (currently zoned "R-1B" One-family Dwelling District), located on the north side of Leopard Street, approximately 200 feet west of Hart Road. A metes and bounds description of the subject property is attached as Exhibit A. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to a site plan and the following seven (7) conditions: 1. ALLOWED USES: The only uses authorized by this Special Permit other than those uses permitted by right in the "R-1B" One-family Dwelling District are professional offices. 2. FLOOR AREA: Professional office uses may not exceed a total floor area of 4,600 square feet and one story.. 3. LANDSCAPING: Landscaping must be provided in accordance with Article 27B, Landscape Regulations, as if the property were zoned an "AB" Professional \\C~TYHALL~2\USERS\LEG~D~R\N~EM~\DDCURT~SW~YD~CS%2~%'~:~&ZoRD~Z~N~NG~R~\D~YLEC``Z~9~5B.D~C 241 Office District. In addition to the requirements of Article 27B, canopy trees witt minimum caliper of two (2) inches must be planted thirty (30) feet on center alol .~, the rear setback area. Also, tree plantings in the front yard must be spaced no more than thirty (30) feet on center. 4. SCREENING: A standard screening fence with a height of not less than six (6) feet must be installed and maintained along the west and east property lines. The existing ornamental fence located along the north property must be maintained. In the event that the ornamental fence is removed, a standard screening fence must be installed and maintained along the north property line. Within ten (10) feet of the south property line, the screening fence along the east and west property lines must be reduced to a height of 36 inches. An additional five (5) feet is permitted to transition the height of the fence from six (6) feet to three (3) feet. 5. HOURS OF OPERATION: The permitted retail uses are limited to the hours between 6:30 a.m. and 10:00 p.m. 6. LIGHTING: All exterior lighting must be directionat and shielded. Lighting must be directed away from the surrounding residences and adjacent public right-of-way. 7. TIME LIMIT: This Special Permit shall expire within two (2) years of the date of this ordinance unless the property is being used as outlined in Condition ~ and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Sections land 2 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. \\C~TYHALL~2\USERS\LEG~D~R\N~EM~\DDCURT~S~v~YD~CS~P&Z~RD~N~NG~RD~:)~YLEC~Z~9~5B~DoC 242 SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) finds and declares an emergency due to the nccd 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 14th day of November, 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 November 6, 2000 James R. Bray, Jr. Senior Assistant City Attorney \\C~TYHALL~2~USERS~LEG~D~R~N~EM~\DDCURT~S~MYD~CS~°~Z~RD~z~N~NG.~RD~D~YLEC~9~5B~D~C 243 ENGINEERING BOX 6355 · % 52PIj2 CH'~_:T '_'):,-~S 78460-0355 SEPTEMBER 13, 2' "~ JOB NO 36902. A{ FAX (361;i54-60C EXHIBIT STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for a 38.993507 square foot tract ofland out of Lot F, Block D. Hart Addition. a map ofw-hich is recorded in Volume 39. Page 137, Map Records of Nueces County. Texas: said 38,993 507 square foot tract being more fully described as tbllows: BEGE',,'NING at a 5/8 inch iron rod found on the north bounda~' of Leopard Street (State High~vay No. 9), a i60 foot wide pueiic roadway, for the southwest comer of a 0.978 acre tract of land out of the C.C. Hart Partition. Share 9. recorded in Document Number 1998040571. Official Public Records of Real Property of Nueces County, Texas. for the south comer of said Lot F. Block D and of this tract: THENCE North 56°2Y00'' West, with the north boundary. of said Leopard Stree ~ and the south boundarv of said Lot,F. Block D, a distance of211.96 feet iplat = 212.60 feet) to a 5.:8 inch iron rod with red plastic cap labeled "LqKBAN ENGR C.C. TX" set for the southwest comer of this tract. from which a found 5/8 inch iron rod bears North 56°23 '00" West, a distance of 35. I 1 for the Southwest comer of said Lot F, Block D, for the southeast comer of a 1.47 acre tract out of the C.C. Hart Partition, Share 7 and 8, recorded in Document Number 1997020416. Official Public Records of Real ProperrS' of Nueces County. Texas: THENCE North 29o08'36.` East, parallel with the west bounda~' of said Lot F. Block D, same being the east bounda~' of said I 47 acres. and 35.00 feet distant there from, measured at right angles thereto a distance of 203.91 f~et to a 5/8 inch iron rod :vith red plastic cap labeled "URBAN ENGR C.C. TX" set for the northwest comer of this tract; THENCE South 56°25'27'' East. a distance of 31 77 feet to a 5/8 inch iron rod with red pinstic cap labeled "URBAN ENGR C C. TX" set tbr an interior comer of this tract; THENCE North 33~2T52'' East, a distance of 13 88 feet to a 5/8 inch iron rod with red plastic cap labeled "Uq~BAN ENGR C.C. TX" set tbr a comer of this tract; 2725 SWANTNER D~ · CORPUS CHRISTI, TEXAS 78404 mafi@urOc..r~engs_.o,m 244 FHENCE South 55: I q'04" East, a distance of 120.96 feet to a 5/8 inch iron rod tbund on the east boundary of said Lot F. Block D, tbr the normwest comer of the atbrementioned 0978 acre tract. for the southwest comer of a 0885 acre tract out of the CC Partition. Share 9, recorded in Volume 157I. Page 189. Deed Records of Nueces Countv. Texas and the northeast comer of this tract: THENCE Soum I4~ IY00" West. with the east boundam' of said Lot F, Block D and of this tract, same being the west boundary_ of the 0.978 acre tract, a distance of 227.90 tbet (deed = 227.79 feet) to the POINT OF BEGINNTNG and containing 38,993.507 square feet of land. Bearings based on the south boundary. of Lot F, Block D. Hart Addition, a map of which is recorded in Volume 39. Page 137, Map Records of Nueces County, Texas. Unless this Fieldnotes Description. including preamble. seal and signature. appears in its entirety. in its original form. surveyor assumes no responsibility or liability for its accuracy. URBAN ENGLN'EERING 245 246 CITY COUNCIL AGENDA MEMORANDUM Date: November 8, 2000 AGENDA ITEM: Ordinance granting a one-year franchise extension to Central Power and Light Company for provision of light, heat, and power. ISSUE: Central Power and Light Company's existing franchise, which was granted in 1971 and amended in 1988, expires December 31, 2000. It authorizes use of the public ways for electric distribution facilities in return for a franchise fee of 4% of gross receipts. Effective January 1, 2002, Senate Bill 7, the electric deregulation bill passed by the Texas Legislature in 1999, changes the methodology by which cities charge for use of their public ways by electric utilities. The formula establishes a charge per kilowatt hour based on 1998 revenues. The charge will be applied to Kwh used in any particular year and was designed to make deregulation revenue neutral for cities. Because of the Senate Bill 7 change, staff is recommending a one-year extension of CPL's present franchise to fill the interim between the expiration of the present franchise and the effective date of the Senate Bill 7 provision. Over the next year, a new, long-term franchise will be negotiated. RECOMMENDATION: Approval of ordinance as submitted. 0JRB0500.089 247 AN ORDINANCE (;RANTING A ONE-YEAR FRANCHISE EXTENSION TO CENTRAL POWER AND LIGHT COMPANY FOR PROVISION OF LIGHT, HEAT, AND POWER. WHEREAS, Central Power and Light Company. a corporation duly authorized to conduct business in the State of Texas, currently holds a franchise from the City of Corpus Christi, Texas for provision of electric light. heat and power granted by Ordinance 10173, passed and approved by the City Council on March 24, 1971; and WHEREAS, the franchise agreement was modified by Ordinance 20431 passed and approved by the City Council on August 23, 1988, to provide for monthly rather than semi-annual fee payments; and WHEREAS, such franchise will expire December 31. 2000; and WHEREAS, In Senate Bill 7 the 761h Texas Legislature established a statutory formula for charges for use by electric utilities of city streets, alleys and public ways effective January 1, 2002; and WHEREAS, Central Power and Light Company and the City of Corpus Christi, Texas desire to extend its existing franchise under the same terms and conditions for an additional one (I) year period which will extend to the effective date of Senate Bill 7; and WHEREAS, the City Council of the City of Corpus Christi finds that such extension under the same terms and conditions is in the best interest of the citizens of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Electric Light. Heat and Power Franchise granted by the City of Corpus Christi, Texas to Central Power and Light Company by Ordinance 10173 as amended by Ordinance 20431 (the "Franchise"), is hereby extended for a period of one (l) year to commence January t, 2001 and to expire December 31,2001 at midnight, unless renewed or extended. SECTION 2. The terms and conditions of the currently existing Franchise are incorporated into this one-year extension by reference and shall continue in full force and effect. SECTION 3. This grant is conditioned that Central Power and Light Company shall file its written acceptance of this franchise no later than December 31. 2000. SECTION 4. This ordinance should be published as required by the City Charter. H:\LEG-DIR,JIMMYXWPDOCS\COUNCIL\0JRB0500 087 248 Samuel L. Neal. Jr. Javier D. Colmenero Melody Cooper Henry. Garrett Dr. Amold Gonzales That the lbregoing ordinance was read/br the first time and passed to its second reading on this the Day of ,2000, by the tbllowing vote: Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the ~ of ,2000, by the following vote: Samuel L. Neal. Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales PASSED AND APPROVED this the ~ ATTESI: Rex A. Kinnison BeVy Jean Longofia John Longofia Mark Sco~ Day of ,2000. Day Armando Chapa, City, Secretary. LEGAL FORM APPROVED ~j H:\LEG-DIRXJIMMY'.WPDOCSCOUNCIL,0JRB0500 087 Samuel L. Neal. Jr., Mayor [ {-) ,2000: JAMES R. BRAY, JR., CITY ATTORNEY 249 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEMS: (A) Motion adopting the timetable for the FY2001 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (B) Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 21901 ). REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2001 Consolidated Plan/Annual Action Plan (CP/AAP) and reaffirming Community Development Block Grant (CDBG) Program objectives and guidelines as previously adopted by the City Councit. RECOMMENDATION: Staff recommends adoption of the timetable for the FY2001 Consolidated Plan/Annual Action Plan process and reaffirming the Community Development Block Grant Program objectives and guidelines. IMPLEMENTATION SCHEDULE: FY2001 CP/AAP Timetable W. Tt'~omas Utter Assistant City Manager ADDITIONAL SUPPORT MATERIAL Background Information E~ FY2001 Schedule ~ CDBG Guidelines ~ 251 AGENDA MEMORANDUM BACKGROUND INFORMATION Agenda Item: Each year the City Council approves the planning and implementation calendar for the upcoming Community Planning and Development formula grant programs. The CP/AAP is the application forfunding under the community planning and development formula grant programs administered through the U.S. Department of Housing and Urban Development (HUD) that include the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG). The AAP will describe the activities and projects to be assisted with FY2001 funds received under the HOME, CDBG, ESG, Public Housing Comprehensive Grant and other HUD programs that help meet housing and community development needs. Last year, a three-year (2000 - 2002) Consolidated Plan that included the FY2000 AAP was submitted to the U.S. Department of Housing and Urban Development that identified the needs and resources for the three-year period. The second year (FY2001) AAP must be submitted by June 16, 2001. The proposed schedule enclosed as Attachment "A" provides a comprehensive list of activities. Key dates are: February 16,2001 March 21, 2001 May 8, 2001 June 13, 2001 - Proposals for CDBG and ESG Programs Due Date - Planning Commission Public Hearing - City Council Public Hearing - Consolidated Annual Action Plan submission to HUD As in the past, neighborhood/nonprofit meetings will be conducted in late January and February. Meeting notices and requests for proposals will be published and mailed to interested organizations. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will also be added to the City's Internet Home Page. Agenda~cY2001 Sch.ada 252 January & February January 7 February 16 February 22 February 25 March 9 March 2'1 March 28 April I April 2 May 8 May '11 May 15 May 17 May 20 May 21 June 13 ATTACHMENT "A" HOUSING & COMMUNITY DEVELOPMENT COMMUNITY PLANNING & DEVELOPMENT PROGRAM (CPD) CONSOLIDATED ANNUAL ACTION PLAN SCHEDULE (AAP) FOR FY2001 Preliminary Planning/Neighborhood/Agency Presentations Publish Neighborhood/Agency Mtgs/FY2001 Request for Proposals Proposals Due Submit publication notice of Planning Commission/City Council Public Hearings dates for the proposed FY2001 Consolidated Annual Action Plan and Program Information, i.e., funds to be received, program income, activities to be undertaken and estimated amount of benefit to low/rood. income persons, to Caller-Times Publication of Planning Commission/City Council Public Hearing on the Proposed FY2001 Consolidated Annual Action Plan Forward Materials to Planning Commission Planning Commission - Public Hearing on Proposed FY2001 AAP (special meeting) Planning Commission - Adoption of FinaI Recommendation Publication - FY2001 Consolidated Annual Action Plan Summary and notice of City Council Public Hearing date Citizens Comment Period Starts City Council Public Hearing - Proposed FY2001 Annual Action Plan (Staff & Plan. Comm. Recommendations) Projects and activities adopted tentatively by Council. End of Comment Period for FY2001 Consolidated Annual Action Plan City Council Adoption - FY2001 Consolidated Annual Action Plan Submit Final FY2001 Consolidated Annual Action Plan Summary & Proposed Use of funds to Caller-Times Publication of Final FY2001 Consolidated Annual Action Plan Summary/Request for Release of Funds Notify Council of Governments (COG) of FY2001 CDBG Projects (Executive Order 12372 Requirement) Submit FY2001 Consolidated Annual Action Plan to HUD (Due by June 16) 253 ATTACHMENT "B"__ RESOLUTION - MARCH 22, 1994 Ordinance No. 21901* COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. _ Housing shall be maintained as the top priority for the CDBG program as well placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. No individually funded CDBG project will be eligible for future CDBG funding for a minimum of two years from the date of its last funding. (This excludes projects which are specifically staged for several years of CDBG funding such as a street project which has its engineering funded one year and its construction the next.) *Adopting Policies and General Rules and Procedures of the City Council 8ad/h/cdbg guidline.cty 254 CITY OF CORPUS CHRISTI Legislative Program 77t" Legislative Session November14,2000 255 RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S LEGISLATIVE PROGRAM FOR THE SEVENTY-SEVENTH SESSION OF THE TEXAS LEGISLATURE. WHEREAS, the 77th Texas Legislature convenes in January 2001; and WHEREAS, the Legislature will consider many measures that may affect the City of Corpus Christi; and WHEREAS, it is necessary to provide guidance for City officers and representatives in conducting the City's legislative efforts and relations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council adopts the Legislative Program, which is attached to and incorporated into this resolution, for the 77th Session of the Texas Legislature. SECTION 2. This Legislative Program remains in effect during the 77t~ Session of the Texas Legislature unless amended by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED:/0'A~ day of Samuel L. Neal, Jr. Mayor /L/)~,-~/~~ ,2000. James R. Bray Jr. City Attorney By: . R. ja/~y, ~/:~ng,/~ First ~tant City Attorney 2001 resolution .doc 256 Corpus Christi, Texas of ,2000 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Javier D. Colmenero Melody Cooper Henry Garrett Dr. Arnold Gonzales Rex A. Kinnison Betty Jean Longoria John Longoria Mark Scott 2 2001 resolution.doc 257 INTRODUCTION Prior to the commencement of each legislative session, the City of Corpus Christi staff, working with input from local interests, Texas Municipal League, other cities, prepares a recommended legislative program for City Council consideration and approval. The legislative program, after consideration and approval by the City Council, is then transmitted to our local legislative delegation and forms the basis for the City's activities dudng the 140 days of the session. In each legislative session, the number of bills that are introduced is massive. For example, in 1999, almost 6,000 bills were introduced, over 1,600 actually passed, with approximately 1,230 of the bills City-related, of which slightly more than 130 passed. Unfortunately a large percentage of the efforts by cities are necessarily directed simply at stopping bad pieces of legislation which would negatively affect cities. Over the past few legislative sessions, the City of Corpus Christi, with the tremendous support and action of our local legislative delegation, has had very good success in not only stopping bad bills which would negatively impact us, but also in the passage of legislation which very positively affects us. For example, in the last legislative session, a serious assault on cities' annexation powers was successfully defeated, while at the same time, the City, through our local legislative delegation, was able to fund expansion and renovation of the Convention Center, provide liability protection for our Latchkey Program, acquired the official designation of the Museum of Science and History as the Texas Maritime Repository, and funding of the local Estuary Program, among a number of other issues, The upcoming 77th legislative session will undoubtedly consider many issues that are detrimental to cities and will be extremely crowded because the Legislature must also deal with redistricting. As in the past, the City anticipates working very closely with our local legislative delegation. In addition, we will work with the Texas Municipal League as well as the very active legislative lobbying group of the eight largest cities (this latter group meets once a week during the legislative session with TML staff to coordinate action.) The following legislative program is broken down into sections each representing a major part of municipal government beginning with a general statement of policies and procedures. The communication of this legislative program is carried out on a day to day basis by the Assistant City Manager for Intergovernmental Relations and Community Development under the general direction of the City Manager after approval of the program by the City Council. The Mayor and City Council Members are called upon to testify in Austin on a case by case basis, as well as City staff from the Police and Fire Chiefs and City Attorney to departments heads. 258 C:~IY DOCU~IENTS\77TH LEGISLATIVE POLICY GENERAL POLICY AND PROCEDURES The City will support legislation and administrative actions that: 1. Will protect and enhance City revenues. 2. Reduce costs to the City. 3. Provide for more local control. 4. Protect those policies previously established through the Charter, ordinances, resolutions, and master plans. 5. Provide increased educational opportunities for the citizens of Corpus Chdsti and the region. The City will oppose legislation or administrative actions that: 1. Undermine the principle of home rule and local self-government. 2. Result in the loss of revenue growth to cities. 3. Diminish the authority of cities to regulate and manage their growth and development. 4. Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. 5. Diminish any existing authority of cities. 6. Impose mandates that require any expenditure by the City unless all costs of same, including administrative as well as direct out-of-pocket costs, are fully reimbursed by the mandating government. The City Council will determine the City position on all legislative issues. The City's Boards, Commissions, and Advisory Groups may not represent in oral 259 testimony or in writing a position on proposed legislation or administrative action unless that position is first approved by the City Council. Positions on legislative or administrative matters originating outside of the City Council, but within the City's governmental framework shall be submitted to the City Manager for review prior to consideration by the City Council. The legislative or administrative positions herein approved, and others separately approved by the City Council, shall be communicated to the legislative and congressional delegations, to the Legislature and Congress, in general, and/or to the appropriate legislative committees and administrative agencies or to others by members of the City Council, the City Manager, staff persons, and consultants and others designated by the City Manager. The City will coordinate its legislative and administrative program with other political jurisdictions and provide assistance to those political jurisdictions where possible and where there is a cornmortality of interest. The city will support the legislative program of the Texas Municipal League, except to the extent it conflicts with any policy herein. It is recognized that this policy will often be implemented in the context of great numbers of voluminous proposals being considered within short time periods. City representatives, under the direction of the City Manager, shall be authorized to act on behalf of the City consistently with the necessarily broad policy concerns set forth in this policy. In this policy, items are classified under three levels of importance, Priority, Actively Support, and Endorse, as follows: Priority means that the City will actively pursue and support (or oppose, as specified) the policy including, if necessa~, seeking introduction and passage of legislation. Actively Support means the City will aggressively attempt to obtain passage of a measure if it is introduced by some other entity (or actively oppose, as specified). Endorse means that the City will make its (support or opposition) known, but will not actively pursue the issue. 3 260 II. FINANCIAL INTEGRITY PRIORITY Franchise Fees. The City unalterably opposes any measure which would reduce the City's existing franchise fees, the growth of those franchise fees, or its ability to charge franchise fees, and any measure which would prevent the City from requiring utilities to bear 100% of costs associated with relocations of utilities required by the City or which would impair City regulation of use of rights-of-way. Franchise fees are essential to continuation of basic services. A vote to reduce franchise fees would be a vote to increase local ad valorera taxes or reduce basic local services such as police, fire, roads, and parks, and would constitute a gift of public property for private purposes. State Hotel Tax for Beach Maintenance. The City supports legislation which would provide State hotel tax funding of 1% for beach maintenance. Street Accessibility Improvements. The City supports legislation which would authorize a street use fee or other funding source to construct facilities to enhance disabled access. ACTIVELY SUPPORT dm 911 Fees. The City opposes legislation which would hinder its withdrawal from participation in the 9-1-1 regional plan, or which would inequitably affect the Corpus Christi area on 9-1-1 funding. Liability Law. The City supports legislation to reduce potential liability of municipalities and municipal employees for torts and other actions and opposes legislation which would increase such liability. Sales Tax Information. The City supports legislation to allow cities to obtain sales tax information on any entity that annually remits sales tax payments of more than $100,000. gm Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. indemnity Provisions. The City opposes legislation invalidating or prohibiting indemnity provisions in public works contracts. 4 261 Mandated Fees. The City opposes legislation which would require a city to raise any municipal fee and remit the revenue to the state, unless use of the monies would be clearly dedicated for programs beneficial to the City. ENDORSE Crime Victims Fund. The City supports legislation to allow local entities to share in the revenue collected under the Crime Victims' Compensation Fund for eligible projects. Appraisal Appeals. The City supports legislation to allow cities to challenge the appraisal of a specific propert-/. Municipal Court Costs. The City supports legislation which would consolidate all State court costs collectible by municipal courts into one fee payable to the State, and require that, in case of partial payments, a city and the state will split the payments until both receive the proper amount of revenue. The City opposes additional State fees or court costs on municipal courts. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens. School Traffic Court Cost. The City supports legislation to reinstate the local option court costs for a traffic offense that occurs in school zone or for unlawfully passing a school bus. Truth in Taxation. The City supports legislation which would exclude new growth for the purpose of determining notice and hearing requirements triggered by additional ad valorera tax revenue. C:XMFY DOCUMENTS\77TH LEGISLATIVE POLICY 5 262 III. ESSENTIAL INFRASTRUCTURE PRIORITY Water. The City supports legislation to protect the City's water supply and water dghts, and to enable the City to expand its water supply and dghts, and strongly opposes legislation which would diminish or challenge such water supply or water rights or the City's ability to expand such. The City supports amendments to the Texas Water Code which would remove unreasonable restrictions on interbasin water transfers, and which would encourage use of market forces to distribute water and water rights subject to reasonable environmental regulations. ACTIVELY SUPPORT Transportation. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources from the State. Funding for Construction and Maintenance. The City supports legislation that would increase the level and availability of state transportation funding for construction and maintenance. Streamlining: The City supports legislation that would streamline the Texas Department of Transportation to make it more effective and efficient. C:\MY DOCUMENTS\77TH LEGISLATIVE POLICY 263 IV. COMMUNITY PROTECTION AND DEVELOPMENT PRIORITY Development. The City strongly opposes !egislation which would erode municipal authority to regulate development for the public safety, health and welfare, including, but not limited to, locations of manufactured, housing, annexation, condemnation, platting, zoning, extraterritorial jurisdictions and building and housing codes. Cm dm Windstorm Insurance. The City supports windstorm insurance legislation which assures full replacement cost coverage to presently existing building codes, and exclusion from windstorm building regulations for parts of the city outside the coverage area. Marine Archeological Repository Funding. The City supports legislation which at a minimum provides equitable funding to the City's Museum from any state allocation of funds for marine archeological repositories. Regulation of Location of Manufactured Housing. The City opposes legislation that would erode the authority of cities to regulate the location of manufactured housing. ACTIVELY SUPPORT Affordable Housing. The City supports affordable housing initiatives which do not undermine the City's regutatory authority to protect the public health, safety, and welfare. Building Codes. The City supports legislation maintaining and expanding municipal authority to select building codes and make local amendments as determined by . local city councils, and opposes legislation eroding such authority such as by mandating adoption of particular codes. Platting. The City supports legislation that would: 1) repeal the "five acre exemption" in the platting statute; 2) direct the county clerk to require that deed filing include an affidavit verifying compliance with subdivision requirements. Historic Courthouse Preservation. The City supports full State funding for preservation of historic courthouses for which preservation is feasible. 264 Nuisance. The City supports legislation to strengthen municipal enforcement authority with respect to nuisances. Annexation Authority. The City opposes legislation that would erode current annexation authority. Condemnation Authority. The City opposes legislation that would erode condemnation authority. Dune Protection. The City supports city administered dune protection within city limits and cities' ETJ. ENDORSE Plumbing Inspectors. The City supports legislation to replace current regulations relating to plumbing inspectors, by establishing qualifications for taking the state plumbing inspector exam and maintaining a plumbing inspector license. Electrical Licensing. The City opposes legislation which would impose a statewide electrical licensing law. Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen city authority to regulate alcoholic beverage sales and consumptions. Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. C:~Vix{ DOCUMENTS\77TH LEGISLATIVE POLICY 265 Vo CHILDREN AND YOUTH PRIORITY a. Juvenile Crime. The City supports legislation to reduce crime and delinquency among children and youth, to promote their development and well-being, and continued funding of CYD programs. ENDORSE b. Safe Schools Act. The City opposes weakening of the Safe Schools Act. C:~[Y DOCUMENTS\77TH LEGISLATIVE POLICY 266 VI. EDUCATION PRIORITY Higher Education. The City supports legislation to advance and obtain sufficient support for education in this area, especially legislation to enable Texas A&M University-Corpus Christi to operate as a strong and viable four-year university, including special item funding; and legislation to insure adequate funding for the operation and programs of the Del Mar Junior College District, including Full Formula Funding. Regional Public Safety Training Academy. The City supports legislation to enable development of a Regional Public Safety Training Academy in Corpus Christi. ACTIVELY SUPPORT South Texas/Border Initiative. The City supports continued funding of the South Texas/Border Initiative. C:\MY DOCUMENTS\77TH LEGISLATIVE POLICY 1o 267 VII. PUBLIC SAFETY AND HEALTH PRIORITY Fire Control and Prevention District. The City supports legislation permitting the creation of Fire Control and Prevention Districts similar to Crime Control and Prevention Districts. Child Safety Registration Fee. The City supports legislation to amend current law to: (1) increase the optional county vehicle registration fee for child safety from $1.50 to $3.00; (2) require a county to impose the fee if requested by a city or cities whose total population exceeds 2/3 of the total population of the county; and (3) prohibit a county from rescinding the fee after it has been adopted in thatr manner. ACTIVELY SUPPORT Pawnshops. The City supports legislation which would 1) require licensed pawnshops to provide electronic access to local law enforcement agencies of all pawn transactions, 2) and which would protect and strengthen cities authority to regulate pawnshops. Liability Limit Outside of Jurisdiction. The City supports legislation that would limit liability against City emergency service providers when requested to provide service on an emergency basis in another jurisdiction. Photograpic Traffic Signal Enforcement: The City supports legislation that would allow cities to employ photographic traffic signal enforcement. 9-1-1 Emergency Service Systems. The City opposes legislation that would diminish the authority of cities to operate their own, independent 9-1-1 emergency service systems. Crime Control District. The City supports changes to the statute that would allow the definition of city sales tax rather than county for city created crime control districts. ENDORSE Community Service for Minors. The City supports legislation to eliminate the requirement that mandatory community service imposed on a minor convicted of certain alcohol or tobacco offenses be alcohol or tobacco-related. C:'~[Y DOCUMENTS\77TH LEGISLATIVE POLICY II 268 Rabies Vaccinations. The City supports legislation to authorize designated local rabies control authorities to vaccinate animals under their control for rabies and to obtain vehicle owner records from taw enforcement agencies in the course of their required duties. Impoundment of Uninsured Vehicles. The City supports legislation to authorize the impoundment of motor vehicles that are not covered by insurance. Nuisances. The City supports legislation which would allow a city to pursue nuisance remedies against the owner of a multi-unit residential property who knowingly permits certain violent criminal offenses to occur on the property. Paint Sniffing. The City supports legislation to repeal Section 485.018, Health and Safety Code, which prohibits a city from enacting an ordinance that requires a business establishment to display abusable glue or aerosol paint in a manner that makes the glue or paint accessible to patrons of the business only with the assistance of personnel of the business. Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. Smoking Regulation. The City opposes legislation which would weaken city authority to regulate the sale, distribution, advertising, display, or promotion of tobacco products. Peace Officers. The City opposes legislation to authorize additional entities to employ and commission peace officers. C:\MY DOCUMENTS\77TH LEGISLATIVE POLICY 12 269 VIII. UTILITIES PRIORITY Electric Industry Deregulation. The City supports continued electric industry deregulation legislation but only if it 1) fully preserves municipal authority over rights-of-way or other public property; 2) fully preserves municipal authority to impose a right-of-way fee that: a) is equal to that received prior to competition, and b) increases with growth; 3) ensures that all citizens will benefit through lower rates; 4) assures that electric system reliability and service quality will be maintained at standards equal to or better than the reliability and service standards which exist today; 5) allows cities to serve as aggregrators; 6) provides checks and balances against concentration of market power through takeovers, mergers, acquisitions, or other means; 7) protects the ability of a municipally owned utility (MOU) to operate profitably, continues to exempt MOU's from regulation by the Public Utility Commission, and protects the financial integrity of any city. Right-of-Way Control. The City opposes legislation which would erode the authority of cities to manage and control their rights-of-way and other public property. ACTIVELY SUPPORT Franchise Requirement for PUC Certificate. The City supports legislation which would require an applicant for a Service Provider Certificate from the Public Utility Commission to obtain a city franchise. Underground Facilities Notification. The City opposes legislation that would amend the Underground Facilities Statute to 1) raise the $1.25 cap on the fee paid by a facility operator, 2) levy a fee on an excavator, 3) raise the registration fee unless the fee is determined on a more equitable basis, and 4) require mandatory participation by cities as Class B operators. Sections 401 and 404 Certifications. The City supports legislation that, with regard to Sections 401 and 404 certifications (Clean Water Act), would prevent the Texas Natural Resource Conservation Commission (TNRCC) from expanding the scope of its activities beyond that required by law. 13 270 ENDORSE Use of Water Courses. The City supports legislation which assures the unlimited right of cities to use water courses in the state to discharge permitted wastewater. C:XMY DOCUMENTS\77TH LEGISLATIVE POLICY 14 271 IX. ENVIRONMENT PRIORITY Effluent Use. The City supports legislation that would assist the innovative use of wastewater effluent, including diversion into estuaries in lieu of water release requirements from reservoirs. Air Quality. The City supports continued allocation of financial resources for near non-attainment areas, which is essential for those communities striving to remain within federal guidelines for air quality. National Estuary Program. During the last legislative session, the City of Corpus Christi actively supported State funding of the local National Estuary Program. It is an important priority that the program continue to be funded, possibly at an elevated level. Regional Water Planning. Under SB 1, which was passed during the last legislative session, regional water planning groups were established across the State. It is imperative that continued funding of these groups occur. ACTIVELY SUPPORT Parks and Recreation. The City supports additional funding for State grants to cities for park acquisition and development. Beach Cleaning. The City supports full State funding of the beach cleaning program. Oil Spill Response Program. The City supports continued and expanded State support for the Oil Spill Response Program and the location of a major center in the Corpus Christi area. Drainage/Stormwater. The City opposes further unfunded mandates with respect to drainage and stormwater, and supports increased State programs to assist in solving such problems. Solid Waste. The City supports legislation which would: 1) create/continue state incentives for demonstration projects of volume-based solid waste rates; 2) allow for a refund of a portion of the solid waste tipping fee for cities that voluntarily institute volume-based solid waste rates; 3) create/continue state incentives for cities to voluntarily adopt yard waste bans; 4) allow creation of solid waste C:\MY DOCUMENTS\77TH LEGISLATIVE POLICY 15 272 management districts; 5) require the TNRCC to adopt the EPA's "503" rules relating to land application of sludge and to encourage cities to pursue beneficial use of sludge rather than landfilling; 6) prohibit the TNRCC from enacting a landfill standard more stringent than federal law, and/or require the TNRCC to allow maximum flexibility for landfills under federal law. The City opposes legislation which would: 1) require cities to adopt volume-based solid waste rates or full-cost accounting procedures for solid waste services; 2) eliminate existing incentives for demonstration projects of volume-based solid waste rates; 3) impose a ban on yard waste; 4) eliminate existing incentives for cities to voluntarily adopt yard waste bans; 5) require landfills to further identify the source of solid waste accepted at the landfill; 6) expand the authority of counties or other entities to regulate the siting of landfills that are part of a regional solid waste plan; 7) mandate waste separation beyond current law; 8) mandate recycling beyond current law; 9) mandate composting; 10) increase the solid waste tipping fee or change the allocation formula in such a way that grants to cities from funds generated by the fee are endangered; 11) erode the authority of cities to provide solid waste services in newly annexed areas. Glass and Plastic Bottles. Several states have enacted State-wide container deposit laws for both glass and plastic bottles. Such a deposit system would substantially enhance litter removal from public rights-of-way in the City of Corpus Christi. C:XMY DOCUMENTS\77TH LEGISLATIVE POLICY 16 273 X. PERSONNEL PRIORITY City Medical Providers. The City supports legislation to include city employees who provide medical services within the same limits on liability applicable to other city employees. ACTIVELY SUPPORT Emergency Response. The City opposes legislation which would erode current municipal authority to establish standards relating to response of non-resident employees to civil emergencies or which would in any other way, erode current municipal options regarding residency policies. Collective Bargaining Law. The City opposes legislation which would broaden current law regarding adoption of collective bargaining. State Fire and Police Civil Service. The City supports amending the State Fire and Police Civil Service law to: 1) permit entrance examinations for police officers to be held at different locations; 2) redefine the prebationary period for police officers to be either 12 or 18 months from the date of licensing; 3) permit score-banding in entrance examinations; 4) require dismissal of police or fire personnel convicted of a felony without civil service appeal; 5) permit full list certifications for all candidates who pass the entrance examination; 6) extend the alternative promotional system provision to fire departments; 7) extend experience provisions to fire fighters; 8) authorize civil service commission to appoint independent expert to conduct conclusive medical/mental examinations; 9) define "working day"; 10) define "year of injury leave"; 11) permit cities to pool resources to develop and administer entrance exams; 12) require police officers and fire fighters to notify their departments if arrested or convicted of a crime; 13) extend the time to hear appeal of disciplinary action from 30 to 45 days; 14) include "deferred adjudication" as a conviction; 15) clarify that there is no appeal from decision of panel of physicians; 16) allow filling of a position following a determination that the officer is physically or mentally unable to perform his duties; 17) allow the civil service commission to set additional standards for a beginning position; 18) allow the civil service director to certify three "suitable" candidates from the entrance eligibility list; 19) restrict payment of up to 90 days sick leave to only one time for persons involuntarily separated and who return to the classified service; 20) permit score banding on promotional exams; 21) permit full list certification of all candidates who pass promotional exams; 22) eliminate the option of requesting a third party hearing examiner. 17 274 ENDORSE Internal Investigations. The City opposes legislation which would create special employment rights for any group of public employees who may be the subject of internal investigations. Mandated Job Protection. The City opposes legislation that would erode the employment-at-will doctrine. Nepotism. The City opposes legislation that would invalidate any city nepotism 3olicies. C:~vlY DOCUMENTS\77TH LEGISLA'iT'/E POLICY 18 275 XI. ECONOMIC DEVELOPMENT PRIORITY Military. The City supports continued funding and legislative support of the Texas Strategic Military Planning Commission. Spaceport. The City supports efforts to procure the Spaceport for Texas and supports efforts to set aside $50 million in State aid for the winning location. ACTIVELY SUPPORT Economic Development Authority. The City opposes legislation which would erode municipal economic development authority. Child Care. The City supports increased, sustained State funding for child care. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improved access to electronic information. E-Commerce Taxation. The City supports a level playing field for all businesses whether they are locally operating or operating through e-commerce. The City opposes any system of taxation which restricts a local govemment's ability to collect sales tax on commerce over the internet. ENDORSE Executive Sessions. The City supports legislation to permit a governing body to discuss economic development incentives in executive session. Proprietary Information. The City supports legislation to assure that proprietary information provided during the economic development application process be confidential under law. Waiver of Agricultural Rebate. The City supports legislation which would allow a city the option of waiving the payment of three years of recalculated property taxes when agricultural land is converted to a different use. C:XMY DOCUMENTS\77TH LEGISLATIVE POLICY 19 276 Rail Policy. The City supports development of a rail policy to protect our citizens from monopoly railroads. Workforce Development. The City supports local control over employment training programs, continuation of Smart Job training grants and the Skills Development Fund, and State funding for adult literacy programs. C:~rY DOCUIV~NTS\77TH LEGISLATIVE POLICY 20 277 XII. EFFICIENT ADMINISTRATION PRIORITY Design-Build. The City supports legislation that would allow cities to enter into "design-build" contracts. Procurement. The City supports legislation that would allow cities to increase from $15,000 to $25,000 the procurement amount at which a city would be required to seek competitive bids. ACTIVELY SUPPORT Effective Tax Rate Calculation. The City supports legislation that would allow a city to adjust its effective tax rate calculation to account for mandated (statutorily- imposed) reductions in general fund revenue. Sales Tax Exemption. The City opposes legislation that would enact a sales tax exemption that isn't a local option exemption. Property Tax Exemption. The City opposes legislation that would enact a property tax exemption that would be a substantial erosion of the tax base. Delinquent Sale Tax. The City opposes legislation that would abolish the authority of cities to sue for delinquent sales taxes or to join in an attorney general's suit. Notification of Delinquent Amounts of Sales Taxes. The City opposes legislation that would repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. Rate Case and Complaint Dockets. The City supports legislation that would establish the right of cities to recover expenses related to rate case and complaint · dockets within a reasonable time and require utilities to recover rate case expenses out of stockholders' equity when a rate case is found to be unjustified. Water or Wastewater Permittees Fees. The City opposes legislation that would increase fees paid by water or wastewater permittees. Sales Tax Pledge. The City supports allowing the pledge of sales tax for financial obligation outside of economic development. ENDORSE C:\MY DOCUMENTS\77TH LEGISLATIVE POLICY 2! 278 Open Meetings Act. The City supports legislation clearly exempting from the Open Meetings Act attendance by a quorum at public community events, and clarifying restrictions on meetings in less than a quorum. The City opposes making the Act more restrictive, Open Records Act. The City supports legislation which would change the date by which requested information must be released after receiving a decision from the Attorney General from 10 calendar days to 15 business days, and to change the date to file suit challenging a decision of the Attorney General from 10 calendar days to 15 business days from receiving the decision. Municipal Court Fees. Repeal the statute imposing a court fee on any person who seeks to pay a fine over time rather than immediately; or if that fails, legislation that would clarify the statute by: 1 ) defining "immediately," and 2) stating whether the fee is to be collected per offense or per defendant. C:\MY DOCUMENTSX77TH LEGISLATIVE POLICY 22 279