HomeMy WebLinkAboutAgenda Packet City Council - 03/20/2001CITY
COUNCIL
AGENDA
orpus
Christi
March 20, 2001
1:45 p.m. Swearing-in of newly appointed Board, Commission and Committee members.
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
MARCH 20, 2001
2:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members ~f the audience wi~~ be pr~vided an ~pp~rtunity t~ address the C~unci~ after the Presentati~ns secti~n~ Please speak
into the microphone located at the podium and state your name and address. Yourpresentation will be limited to three minutes.
If you have a petition or other information pertaining to your subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaRol en todas ~as juntas del
Concilio para ayudade.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact
the City Secretary's office (at 361 880-3105) at least 48 hours in advance so that appropriate arrangements can be made.
Mayor Samuel L. Neal, Jr. to call the meeting to order.
Invocation to be given by Pastor Alston Kirk, Trinity Lutheran Church.
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 Betty Jean Longoria
Council Members:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Arnold Gonzales
Rex A. Kinnison
John Longoria
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
MINUTES:
Approval of Regular Meeting of March 13, 2001. (Attachment # 1)
Agenda
Regular Council Meeting
March 20,2001
Page 2
BOARDS & COMMITTEE APPOINTMENTS: (NONE)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA. PLEASE LIMIT PRESENTATIONS
TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL
DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE
REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME,
ADDRESS AND TOPIC. (A recording is made of the meeting; therefore,
please speak into the microphone located at the podium and state your name and
address. If you have a petition or other information pertaining to your subject,
please present it to the City Secretary.)
Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete
ingl~s-espar~ol en ia reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE,
EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL
DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL
MEMBERS, OR THE PUBLIC A T ANY COUNCIL MEETING.
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Presentation by Mr. Billy Parks, District Engineer for the Texas
Department of Transportation Corpus Christi District Office, on
regional transportation plans. (Attachment # 2)
City of Corpus Christi FY00-01 Second Quarter Financial
Performance Report and Five Year Financial Forecast (Attachment
# 3)
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
March 20,2001
Page 3
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has been
furnished with background and supporf 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 a supply agreement with Perfection Corporation,
Madison, Ohio, for approximately 1,050 Anodeless Service Risers, in
accordance with Bid Invitation No. B1-0085-01 based on Iow bid for an
estimated annual expenditure of $15,169.50. The term of the contract
will be for twelve months with an option to extend for up to two
additional twelve-month periods subject to the approval of the supplier
and the City Manager or his designee. Funds have been budgeted
by the Gas Department in FY00-01. (Attachment # 4)
Motion approving a supply agreement with the following companies
for the following amounts for approximately 143,000 feet of
polyethylene pipe and 5,080 fittings in accordance with Bid Invitation
No. BI-0086-01 based on Iow bid for an estimated annual expenditure
of $134,301.43. The terms of the contracts will be for twelve months
with an option to extend for up to two additional twelve-month periods
subject to the approval of the suppliers and the City Manager or his
designee. Funds have been budgeted by the Gas Department in
FY00-01. (Attachment # 5)
Gajeske, Inc.
San Antonio, TX
Group 1 & 2
$116,435.83
Cummins Utilities Supply
Forth WorthITX
Group 3
$17,865.60
Grand Total: $134,301.43
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 20,2001
Page 4
10.
11.
Motion authorizing the City Manager or his designee to execute a
construction contract with Insituform Technologies, Inc. for a total fee
not to exceed $273,460 for the Oso Water Reclamation Plant Yard
Piping Replacement. (Requires 6 votes) (Attachment # 6)
Motion authorizing the City Manager or his designee to execute an
addendum to the contract with the Housing Authority of the City of
Corpus Christi (Authority) to extend the supplemental police services
provided by the Corpus Christi Police Department until all available
grant funds of $125,176 have been expended. (Requires 6 votes)
(Attachment # 7)
Resolution authorizing the City Manager or his designee to submit a
grant application in the amount of $625,000 to the U.S. Department
of Justice, Office of Community Oriented Policing Services for funding
available under the COPS MORE 2001 program with the City
providing the required 25% match of $156,250 available through the
Law Enforcement Trust Fund. (Attachment # 8)
Resolution authorizing the City Manager or his designee to apply for
a $180,000 Technology Opportunity Program grant from the U.S.
Department of Commerce to install web-based kiosks in public places
which will provide individuals with access to city and other public
services and information. (Attachment # 9)
Second Reading Ordinance - Authorizing and allowing under the act
governing the Texas Municipal Retirement System, "Updated Service
Credits" in said system on an annual basis for service performed by
qualifying members of such system who at the effective date of the
allowance are in the employment of the City of Corpus Christi;
providing for increased prior and current service annuities for retirees
and beneficiaries of deceased retirees of the City; establishing an
effective date for the ordinance. (First Reading 3/13/01)
(Attachment # 10)
Second Reading Ordinance -Amending the Code of Ordinances, City
of Corpus Christi, by revising Article XlI, Water Conservation, Chapter
55, Utilities, to establish automatic water conservation measure, to
codify the rules governing drought contingencies and establishing
permanent water conservation measures, and to direct an operations
plan for the reservoir system; amending the Water Conservation and
Drought Contingency Plan by deleting the references to specific
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 20,2001
Page 5
reservoir levels in Section 2.1 of the Drought Contingency Plan;
amending the Water Conservation and Drought Contingency Plan by
repealing Section 2.2 of the Drought Contingency Plan; revising and
clarifying certain other provisions of Article Xll of Chapter 55;
providing for penalties; providing for severance. (First Reading -
3/13/01) (Attachment # 11)
K. PUBLIC HEARINGS:
ZONING CASES:
12.
Case No. 0101-03, A.J. and M.C. Ramos Partners, Limited: A change
of zoning from an "R-lB" One-family Dwelling District to a "B-4"
General Business District on 3.707 acres out of Lot 5, Section 28,
Flour Bluff and Encinal Farm and Garden Tracts, located on the
southeast corner of Ennis Joslin Road and the McArdle Road
extension. (Requires 6 votes) (Attachment # 12)
Planning Commission's and Staff's Recommendation: Approval of the
"B-4" General Business District on the north 1.272 acres and deny the
"B-4" District on the south 2.435 acres, and in lieu thereof, approved
a "B-l" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance upon application by A.J. and M.C.
Ramos Partners, Limited by changing the zoning map in reference to
3.707 acres out of Lot 5, Section 28, Flour Bluff and Encinal Farm and
Garden Tracts, from "R-lB" One-family Dwelling District to "B-I"
Neighborhood Business District on Tract A and "B-4" General
Business District on Tract B; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
13.a.
Ordinance providing for the issuance of General Improvement and
Refunding Bonds, Series 2001, of the City of Corpus Christi, Texas,
in the aggregate principal amount ($39,170,000') and bearing interest
at the rates hereinafter set forth, and providing for the levy,
assessment and collection of a tax sufficient to pay the interest on
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 20,2001
Page 6
13.b.
14.
15.a.
15.b.
said bonds and to create a sinking fund for the redemption thereof at
maturity; repealing all ordinances in conflict herewith; and providing
that this ordinance shall be in force and effect from and after the date
of its passage. (Attachment # 13) (*Preliminary, subject to change on
sale of bonds)
Ordinance providing for the issuance of General Improvement
Refunding Bonds, Series 2001A (December 2001 delivery) of the City
of Corpus Christi, Texas, in the aggregate principal amount
($11,240,000*) and bearing interest at the rates hereinafter set forth,
and providing for the levy, assessment and collection of a tax
sufficient to pay the interest on said bonds and to create a sinking
fund for the redemption thereof at maturity; repealing all ordinances
in conflict herewith; and providing that this ordinance shall be in force
and effect from and after the date of its passage. (Attachment # 13)
(*Preliminary, subject to change on sale of bonds)
Motion authorizing the City Manager or his designee to execute an
Advance Funding Agreement with the State of Texas, acting through
its Texas Transportation Commission, setting forth responsibilities for
the reconstruction of the existing continuous highway lighting at the
intersection of the Crosstown Expressway (SH 286) at the South
Padre Island Drive (SH 358) Expressway Interchange and its
approaches as a part of the Texas Department of Transportation's
Crosstown Extension/South Padre Island Drive Interchange
Construction Project, and authorizing the deposit of $500,301.85 with
the Texas Department of Transportation as the City's share of
construction costs (Bond Project). (Requires 6 votes) (Attachment
# 14)
Motion authorizing the City Manager or his designee to amend the
existing lease agreement with Frost National Bank for 41,289 square
feet of the Frost Bank Building, located at 2402 Leopard and the land
on which the building is situated and Lots la, 2, 3, 4, and 5, Block 1,
Nelson Addition No. 2, to provide for an additional allowance of
$500,000 from Frost National Bank. (Requires 6 votes) (Attachment
# 15)
Ordinance reappropriating $458,440 from the Frost National Bank
Lease Purchase Agreement, in the General Fund No. 1020,
amending Ordinance No. 024130 which adopted the FY00-01 Budget
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 20,2001
Page 7
15.c.
15.d.
16.
by increasing both revenues and appropriations by $458,440 in the
No. 1020 Fund for improvements to the Frost Bank Building.
(Attachment # 15)
Ordinance appropriating $500,000 from the amendment to the Frost
National Bank lease purchase agreement in the General Fund No.
1020, amending Ordinance No. 024130 which adopted the FY00-01
Budget by increasing both revenues and appropriations by $500,000
in the No. 1020 Fund for improvements to the Frost Bank Building.
(Attachment # 15)
Motion authorizing the City Manager or his designee to execute a
construction contract with Zimmerman Construction in an amount not
to exceed $578,240 for the Frost Bank Lease Remodel. (Requires
6 votes) (Attachment # 15)
(RECESS REGULAR COUNCIL MEETING)
MEETING OF THE CORPUS CHRISTI COMMUNITY
IMPROVEMENT CORPORATION:
CORPUS CHRISTI COMMUNITYIMPROVEMENT CORPORA TION
(Attachment # 16):
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
Date:
Tuesday, March 20, 2001
Time:
Dudng the meeting of the City Council beginning at 2
p.m.
Location:
City Council Chambers
City of Corpus Christi
1201 Leopard Street
Corpus Chdsti, Texas 78401
1. President Betty Jean Longoria calls the meeting to order.
2 Secretary Armando Chapa calls roll.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 20,2001
Page 8
Board of Directors
Officers
Betty Jean Longoria, Pres.
Rex Kinnison, Vice Pres.
Javier Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
John Longoda
Samuel L. Neal, Jr.
Mark Scott
W. Thomas Utter, Gen. Mgr.
Armando Chapa, Secretary
Mary Juarez, Asst. Secretary
Jorge Cruz-Aedo, Treasurer
Mike Harty, Asst. Treasurer
3. Approve Minutes of the Meeting of August 22, 2000.
4. Financial Report.
5. General Manager's Report.
Authorizing execution of an agreement with Accessible
Communities, Inc. (ACI), a certified CHDO, to provide
$104,325 from the HOME Program for the acquisition and
rehabilitation of a building and property located at 1537 7~h
Street.
Authorizing execution of an agreement with LULAC Village
Park Apartments to provide an additional $45,000 from the
HOME Program for the completion of Phase 3 of four (4)
phases to their 152-unit development.
Authorizing execution of an agreement with Nueces County
Senior Citizens, Inc. to provide $40,000 from the HOME
Program to install storm shutters to the 40-unit housing
complex at 1728 Delgado (El Paraiso).
Authorizing the amendment of the agreement with the Corpus
Christi Community Development Corporation (CCCDC) to
provide an additional $500,000 from the HOME Program to
provide assistance to an additional 33 homebuyers.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 20,2001
Page 9
17.
18.
10. Public Comment
11. Adjoumment.
(RECONVENE REGULAR MEETING)
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in orderto discuss matters
listed on the agenda, when 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
551.072 regarding the purchase, exchange, lease, or value of real
property in connection with acquisitions necessary for the Rincon
Bayou Project.
REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff;
reports of activities of individual Council members and Staff; constituent
concerns; current topics raised by media; follow-up on Staff assignments;
scheduling of future Council meetings and activities; and other brief
discussions regarding city-related matters.
LEGISLATIVE UPDATE: Consideration of resolutions and actions
deemed appropriate by the City Council as to legislative issues before
the 77th Texas Legislature.
19. CITY MANAGER'S REPORT
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summar,j)
* Upcoming Items
Agenda
Regular Council Meeting
March 20,2001
Page10
20. MAYOR'S UPDATE
21. COUNCILAND OTHER REPORTS
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hall, 1201 Leopard Street, at 2:30 p.m., March 16 ,2001.
Armando Chapa
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.ci.corpus-christi.tx.us after 7:00 p.m. on the
Friday before regularly scheduled council meetings. If
technical problems occur, the agenda will be uploaded on
the Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
1999 PRIORITY ISSUES: CONTINUE "AS IS"
Basic Services: Trash, Debris
Improve
Brush,
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 District Initiatives
· Address budget concerns and the ability to fund the program for the long-term
Bayfront Development Plan
· Continue to vigorously pursue development in the Bayfront Arts & Sciences Park area
· Continue coordination / collaboration among entities in the area
Improve Basic Services: Park Maintenance
· Prepare / repair facilities
· Evaluate current facilities for improvement priorities
· Identify undeveloped park land for possible sale
· Consider outsourcing neighborhood park maintenance to Neighborhood Associations.
with assurances of equity
· Explore establishment of Adopt-A-Park program
Animal Control
· Ensure adequate staff and equipment
· Establish a "Cooperative Veterinarian" program
Economic Development
· Participate with local and regional economic development initiatives (not necessarily
with funding)
Bayfront Convention Center Expansion
· Modify plans or identify alternative funding sources as a result of study
NEW PRIORITY ISSUES FOR 2000
Internal Issues
Charter Revision
· Tax Cap
· Term Limits
· Utility Transfers
· Review previous Charter Commission's recommendations
Improve Working Relationships with Other Taxing Entities
· Invite to quarterly meetings
· "Tax Summit"
· Explore opportunities to share in tobacco settlement dollars
Landscaping / Improvement of Entry~vay 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
Metrocom
Crosstown Expressway
Spaceport
Medical Campus
Long-range (after the Bond Issue)
Downtown Development
· Median improvement / landscaping
· Plan for development of west end of downtown (First United Methodist Church to
Memorial Coliseum)
Hospitality Industry Development - Central City
CC Beach Development
Marina Development
Development of Island, Post-Packery Channel
Foreign Trade Zone Expansion
Community-wide Visioning Process
._
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
March 13, 2001
2:03 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Betty Jean Longoria
Council Members:
Javier D. Colmenero
Melody Cooper
Henry Garrett
Dr. Arnold Gonzales
Rex A. Kinnison
John Longoria
Mark Scott
City_ Staff:
City Manager David R. Garcia
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ram6n
Mayor Neal called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Council Member John Longoria, following which the
Pledge of Allegiance to the United States flag was led by Council Member Cooper. City Secretary
Chapa called the roll and verified that the necessary quorum of the Council and the required charter
officers were present to conduct the meeting. Mayor Neal called for approval of the minutes of the
City Council workshop of February 20, 2001 and the regular Council meeting of February 27, 2001.
A motion was made and passed to approve the minutes as presented.
Mayor Neal recognized members of the delegation who traveled to Reno, Nevada, to bid on
holding the 2006 American Bowling Congress tournament in Corpus Christi. The delegation was
successful in their efforts and that tournament is expected to bring in about $60 million in revenue
and thousands of bowlers and their families to this city during the five-month tournament.
The delegation members present at the Council meeting were: Brad Lomax, Chairman of the
Convention and Visitor's Bureau; Joey Jarreau, Director of the CVB's Sales and Marketing
Department; Bill Morgan, Holiday Inn Emerald Beach; Ed Persall, Hospitality, Sales and Marketing
Association; Bobby Puentes, President of the Corpus Christi Area Bowling Association (CCABA);
Tim Lyons, current Past-President of the Corpus Christi Men's Bowling Association; Jim Ward,
Secretary-Treasurer of the CCABA; and Wayne Bennett, new President of the CVB. The delegation
then showed the video tape that was shown at the ABC tournament in Reno.
Council Member Betty Jean Longoria commented that she, Mayor Neal and city staff
traveled to New York City last week to make presentations to three bond rating agencies in
preparation for the year 2000 bonds being sold. She said that last year the Council made difficult
budget decisions and the success of the bond election shows that Corpus Christi is investing in its
future. City Manager Garcia introduced Mr. Mark McDaniel, new director of the Office of
Management and Budget, who briefly addressed the Council.
Minutes - Regular Council Meeting
March 13,2001
Page 2
Mayor Neal referred to the board and committee appointments on the day's agenda, and the
following appointments were made:
Board of Adjustment
Charles Schibi
Gene Clancy (Alternate)
Building Standards Board
Leroy San Miguel (Reappointed)
Rudy Garza
Ethics Commission
Herbie Garcia Jr.
Mayor Neal called for petitions from the audience.
Mr. R.F. Hasker, 1813 Wallace, said citizens are given bad or misleading information about
the Packery Channel issue. For example, he said Charles and Betty Spencer have been criticized for
not naming the donor of a large donation to "Let Us Vote Corpus Christi." Mr. Hasker called the
financing plan for the Packery Channel project a boondoggle.
Mr. J.E. O'Brien, 4130 Pompano, asked for a review of the city's gas purchase contract,
saying that the cost of gas being passed through to the citizens is excessive. He also asked the
Council to consider a refund or reduction in utility rates. He said San Antonio has adopted utility
relief programs of over $22 million. He said last year Corpus Christi's combined utility fund had a
net income of over $25 million. Council Member Kinnison asked Mr. Garcia to respond in writing
to Mr. O'Brien's requests.
Ms. Emerida Femandez said she owns property in Corpus Christi behind Sunrise Mall and
her tenants are complaining about bad sewer lines, which she described. She said she has complained
about the problem to the city. Mayor Neal asked Ms. Fernandez to speak with Mr. Ron Massey,
Assistant City Manager for Public Works and Utilities, and a representative of the Wastewater
Department.
Mr. Abel Alonzo, 1701 Thames, said that a majority of the community's Hispanic youth are
uneducated and unskilled. He said opponents of the Packery Channel project contend that the
planned development will only create low-paying jobs; however, said Mr. Alonzo, a job is a job
when a person has to pay bills.
Mr. David Perry, 14126 Cutlass, referred to property he owns on Padre Island on which i~e
would like to open a restaurant. He again objected to Ordinance No. 023905, passed on January I 1,
2000, which amended the Zoning Ordinance regarding uses allowed in the "B-2A" Barrier Island
Business District and regarding street yard requirements. Mr. Perry said that ordinance basically
rezoned his property so that he cannot conduct business there. He added that the "A-2" District does
not require a 6-foot tall masonry wall as the zoning amendment now does. He said property owners
are not informed of text amendments.
Minutes - Regular Council Meeting
March 13, 2001
Page 3
Mr. Leon Perez, 904 Buford, thanked the Mayor for striving to do something for the city. He
said he called last week asking to speak to the City Manager, Council Member Scott, and Assistant
City Manager Utter, all of whom were out of the city. Mr. Perez also questioned the proposal to add
two more Port Commissioners.
Mr. Trian Serbu, 14310 Playa del Rey, said the ballot language conceming Packery Channel
should simply read: "Shall the City Council continue Ordinance No. 024270 which creates a taxing
zone on part of Padre Island to pay, solely from the increased property values within the zone, for
construction and maintenance of Packery Channel?" He objected to the rest of the ballot language,
which reads (after the words "Packery Channel") "and related beach restoration, a park, beach
access, restrooms, showers, walkways, parking, fishing, and related improvements.'?" Mr. Serbu said
the whole sentence as it will appear on the ballot is biasing the election in favor of the project. He
said citizens have already paid for the beach improvements with the county beach parking fee but
they never occurred. In response, Mayor Neal said the Council approved the ballot language.
Mayor Neal called for consideration of the consent agenda (Items 3-11). City Secretary Chapa
said Item 8 had been withdrawn. Council members requested that Items 3 and 5 be withheld for
discussion; there were no comments from the audience. Mr. Chapa polled the Council for their votes:
4. M2001-102
Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the
contract for Engineering/Consulting Services with Shiner, Moseley and Associates, Inc. in
an amount not to exceed $20,000 for Pre-Planning for Post Hurricane/Disaster Recovery
Operations for the 2000 Hurricane Season.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent.
6. ORDINANCE NO. 024386
Ordinance authorizing the City Manager or his designee to execute a Participation
Agreement with So-San Corporation for public street improvements on Oso Parkway
abutting a dedicated public park not to exceed $41584.55 for City's share of costs of the
improvements.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent.
7. ORDINANCE NO. 024387
Ordinance closing and abandoning a 5,776-square foot portion of a 20-foot wide utility
Minutes - Regular Council Meeting
March 13, 2001
Page 4
easement out of Lot 2B and 3, Block 1, Caja Industrial Development Subdivision; requiring
the owner, Regional Transportation Authority (RTA), to comply with the specified
conditions and replat the property within 180 days at owner's expense.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting 'Aye" Scott absent.
8.a. WITHDRAWN
8.b. WITHDRAWN
M2001-103
Motion authorizing the City Manager or his designee to execute an addendum to the contract
for purchase of services from the State of Texas, Department of Information Resources, to
provide computer maintenance to the Police Department's Digital Equipment Corporation
(DEC) equipment, authorized by Motion M2000-257, approved by City Council on July 25,
2000, to add 200 mobile data computers and miscellaneous equipment at an annual cost of
$11,946.72.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent.
10. ORDINANCE NO. 024388
Ordinance appropriating $35,822.41 from the State of Texas in the No. 6010 Trust Fund -
Law Enforcement Officer Standards and Education for training of police personnel;
amending the FY00-01 Budget adopted by Ordinance No. 024130 by adding $35,822.41 to
the No. 6010 Trust Fund - Law Enfomement Officer Standards and Education.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent.
Minutes - Regular Council Meeting
March 13, 2001
Page 5
11.
RESOLUTION NO. 024389
Resolution authorizing the City Manager or his designee to execute an amendment to the
Interlocal Agreement with the Coastal Bend Council of Governments, that is funding the
purchase of a mobile water injection system (watertruck) for the City's Composting
Operation.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, and J. Longoria voting "Aye"; Scott absent.
Mayor Neal opened discussion on Item 3, stormwater projects. In response to Council
Member Colmenero, Mr. Angel Escobar, Director of Engineering Services, described the location
of the improvements, which will alleviate flooding in those areas. City Secretary Chapa polled the
Council for their votes as follows:
3. M2001-101
Motion authorizing the City Manager or his designee to execute a construction contract with
Jhabores Construction Company, Inc. for a total fee not to exceed $304,948.30 for the
Denver Street at Jackson Place/Ohio Avenue Storm Water Improvements Project.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 5, parking prohibition on West Broadway Street. Mr.
Colmenero asked about signage there and Mr. David Seiler, City Traffic Engineer, said appropriate
signs indicating the parking prohibition will be posted. City Secretary Chapa polled the Council for
their votes as follows:
5. ORDINANCE NO. 024385
Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, Article VIII. Schedules,
Section 53-252. Schedule III - Parking prohibited at all times on certain streets, bY
prohibiting roadside parking at all times on both sides of West Broadway Street between
Padre Street and Sam Rankin Street; providing for penalties.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero, Cooper,
Garrett, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Minutes - Regular Council Meeting
March 13, 2001
Page 6
Mayor Neal opened discussion on Item 12, arbitrage interest earnings. Mr. Jorge Cruz-Aedo,
Director of Financial Services, explained that the excess interest earnings from the city's outstanding
bonds have to be remitted to the federal government. There were no comments from the audience.
City Secretary Chapa polled the Council for their votes as follows:
12. M2001-104
Motion authorizing the City Manager or his designee to rebate excess arbitrage interest
earnings to the U.S. Treasury on the Combination Tax and Solid Waste Revenue Certificates
of Obligation, Series 1995; and the General Improvement Bonds, Series 1995-B.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 13, solid waste consulting services.
City Manager Garcia said the city will be addressing several major solid waste initiatives,
including automated garbage collection, closing out the existing landfill, and opening the new
landfill. Mr. Lawrence Mikolajczyk, Acting Director of Solid Waste Services, said staff is proposing
that Gershman, Brickner & Bratton (GBB) assist with the following reengineering initiatives:
implement phase one of the automated collection program; develop a request for proposals for the
recycling collection program; update the solid waste business plan; improve landfill competitiveness
through pricing, operation comparisons, and cost-effective operation; and develop full-cost
accounting procedures.
Responding to Mayor Neal, Mr. Mikolajczyk said the term of the proposed contract is
approximately 270 days. The Mayor called for public comment and there was none.
Council Member Kiunison said the evaluation of the city's solid waste operations should
include the option of delaying the construction of the Cefe Valenzuela Landfill while continuing the
operation of the J.C. Elliott Landfill and supplementing it with the use ora private landfill. He also
asked if the consultants could shorten the period of the contract so the Council can take action prior
to the end of the year. Mr. Mikolajczyk said the curbside recycling request for proposals (RFP) is
about 90% complete and much of the work has been done on the automated collection process; staff
is waiting for GBB to review it. Mr. Kinnison said the landfill operation is a critical component tl~at
needs to be addressed in a timely fashion.
In reply to Council Member Gonzales, Mr. Garcia said staff is proposing putting the
operation of both the Elliott and Valenzuela landfills out for competitive bids and comparing them
to the option of the city continuing to operate the landfills. Dr. Gonzales questioned when the
Council decided to privatize the landfill. Mr. Garcia said they have not made that decision yet; rather,
staff wished to present to the Council all the different cost options and the Council will make the
Minutes - Regular Council Meeting
March 13, 2001
Page 7
ultimate decision on the solid waste business operations.
Council Member Scott said that in 1999 the Council set as one of its priority issues the need
to explore additional opportunities to privatize services, and he questioned what has taken staff so
long to pursue that directive. He also asked how the consultant will be paid. Mr. Mikolajczyk replied
that they will bill the city on a monthly basis but the entire amount of the contract will be secured
in this year's budget. He added that previously GBB took staff through the steps of full-cost
accounting but a complete analysis was not conducted.
In response to Council Member John Longoria, Mr. Massey said the city had a previous
contract with Mr. Gary Shanoff, an attomey specializing in solid waste issues, who in mm used GBB
to prepare analyses of the city's operations. He said GBB gave a presentation to the Council about
their findings (on November 21, 2000). Mr. Massey also described different ways that the Elliott and
Valenzuela landfills can be operated, including combinations of public and private operations.
Mr. Massey added that staff has been contacted by at least 12 companies nationwide which
have expressed interest in the RFP for the Valenzuela Landfill. The question is how much they
would charge to operate that landfill. Mr. Garcia said it is conceivable that once they compare the
cost of private operations versus the city's cost, they may determine that the city's costs are less. Mr.
Massey also further responded to Mr. Longoria's questions regarding the services that GBB will
provide.
Council Member Colmenero asked about the source of the funds for the consultant's contract.
Mr. Mikolajczyk replied that they are unused funds from expenditures that were not made. Mr.
Colmenero said the pass-through costs need to be clarified and he requested comparisons of
continuing the current collection frequency versus a reduction in the frequency. Responding to other
questions from Mr. Colmenero, Mr. Massey said the longest part of the contract will be finalizing
the RFPs and reviewing and evaluating the bids. If the automated collection program is authorized,
the next step would be to procure the vehicles and containers and make decisions about the recycling
program and the business plan.
Dr. Gonzales said solid waste services is a major operation of the city and he is a strong
promoter of efficiency. He questioned whether a consultant is needed to evaluate the city's solid
waste operations or if staff could do that internally. Mr. Massey said the consultants bring expertise
regarding how business is done in the industry.
Council Member Betty Jean Longoria said the city has to determine whether or not it is
operating in a cost-efficient manner. She said the end result will benefit the citizens. Dr. GonZales
said he agrees with efficiency but he does not support privatization. Mr. Kinnison reiterated his
previous request that staff present all the options available. City Secretary Chapa polled the Council
for their votes as follows:
13. M2001-105
Minutes - Regular Council Meeting
March 13, 2001
Page 8
Motion authorizing the City Manager or his designee to execute a contract in the amount of
$174,550 with Gershman, Brickner & Bratton Inc. for solid waste consulting services to
develop solid waste and landfill business plans, landfill contractor procurement, automated
collection and recycling procurement.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garret/,
Gonzales, Kinnison, B. Longoria, J. Longoria, and Scott voting "Aye."
Mayor Neal opened discussion on Item 14, updated service credits. Ms. Sharon Dove,
Assistant Director of Human Resources, said this ordinance will allow for updated service credits
automatically on an annual basis. She said the Texas Municipal Retirement System will have the
annuity study to determine the city's contribution rate. She said this proposal was included in the
negotiations with the police officers union. Responding to Mayor Neal, Ms. Dove said this applies
to all city employees except firefighters and the current rate is 10.92%.
In reply to Council Member Gonzales, Ms. Dove said updated service credits use an
employee's average monthly salary over a recent three-year period to recalculate the employee's
retirement credit. In addition, the ordinance adjusts the annuities by 50% of the increase in the
Consumer Price Index that the retirees and beneficiaries would receive. Mayor Neal said this
reassures the retirees that there is a built-in adjustment for them similar to other federal and state
programs and the Social Security program. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
14. FIRST READiNG ORDiNANCE
Ordinance authorizing and allowing under the act governing the Texas Municipal Retirement
System "Updated Service Credits" in said system on an annual basis for service performed
by qualifying members of such system who at the effective date of the allowance are in the
employment of the City of Corpus Christi; providing for increased prior and current service
annuities for retirees and beneficiaries of deceased retirees of the City; establishing an
effective date for the ordinance.
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Gonzales, Kinnison, B. Longoria, J. Longoria, and Scot/voting "Aye"; Garret/
abstaining.
Mayor Neal opened discussion on Item 15, Rincon Bayou project.
Mr. Massey reviewed the presentation that he gave to the Council on February 27, 2001,
explaining that the Nueces Estuary Advisory Council (NEAC) approved the city's proposed
Minutes - Regular Council Meeting
March 13, 2001
Page 9
amendments to the agreed order on March 6th. He said the proposal will then be sent to the members
of the Texas Natural Resource Conservation Commission later this week in preparation for their
meeting on April 4th. Mr. Massey also reiterated the water conservation measures and the changes
in the pass-through requirements that are being proposed.
Mr. Kelly Payne, of HDR Engineering, reviewed several charts and graphs illustrating
various elements of the city's water supply and freshwater inflows to the Nueces Estuary, including
a comparison of the reservoir system's firm yield with the 1995 agreed order alone, with the agreed
order and the Lake Texana water, and with the workgroup proposal and the Lake Texana water.
Mr. Payne noted that the proposal, which is estimated to cost $5.5 million, is expected to
increase the system's firm yield by 3,200 acre-feet annually. Mayor Neal requested the estimated
capital costs of the other three alternatives: Refugio County groundwater, Garwood pipeline, and a
pipeline between the Choke Canyon Reservoir and Lake Corpus Christi.
Mr. Massey reviewed the timeline and Mr. Bray discussed the automatic water conservation
measures. He said they have recodified into the City Code the whole water conservation plan and
added provisions which call for the most efficient operation of the reservoir system. He and Mr.
Massey responded to Council members' questions and comments. There were no comments from
the audience. City Secretary Chapa polled the Council for their votes as follows:
15.a. RESOLUTION NO. 024390
Resolution supporting "A Proposal for Implementing the Rincon Bayou Diversions and
amending the 1995 Agreed Order on Freshwater Inflows to the Nueces Estuary," requesting
the Texas Natural Resources Conservation Commission to approve necessary amendments
to the 1995 Agreed Order; and expressing appreciation for efforts of the Nueces Estuary
Advisory Council.
The foregoing resolution passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent.
15.b. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII,
Water Conservation, Chapter 55, Utilities, to establish automatic water conservation
measure, to codify the rules governing drought contingencies and establishing permanent
water conservation measures, and to direct an operations plan for the reservoir system;
amending the Water Conservation and Drought Contingency Plan by deleting the references
to specific reservoir levels in Section 2.1 of the Drought Contingency Plan; amending the
Water Conservation and Drought Contingency Plan by repealing Section 2.2 of the Drought
Contingency Plan; revising and clarifying certain other provisions of Article XII of Chapter
55; providing for penalties; providing for severance.
Minutes - Regular Council Meeting
March 13, 2001
Page 10
The foregoing ordinance passed on first reading by the following vote: Neal, Colmenero,
Cooper, Garrett, Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison
absent.
15.c. M2001-106
Motion authorizing the City Manager to retain HDR Engineering to provide engineering
services for design and bidding services related to re-opening the Rincon Overflow Channel
at a price not to exceed $40,000, to provide construction services for the Rincon Channel
project at a price to be negotiated, and to provide services related to construction of a
pipeline from the Calallen Reservoir to the Nueces Delta at a price to be negotiated.
The foregoing motion passed by the following vote: Neal, Colmenero, Cooper, Garrett,
Gonzales, B. Longoria, J. Longoria, and Scott voting "Aye"; Kinnison absent.
Mayor Neal announced that the executive session regarding the purchase, exchange, lease,
or value of real property in connection with acquisitions necessary for the Rincon Bayou Project
(Item 16) was being postponed. He then called for the City Manager's report. Mr. Garcia said that
items scheduled for the next Council meeting on March 20th include a presentation on the financial
report, five-year financial forecast and performance reports. Following a brief discussion, there was
consensus of the Council to hold a joint meeting with the board of the Crime Control and Prevention
District on March 27, 2001 beginning at noon. Mr. Garcia added that the rededication of Wesley
Seale Dam is scheduled for April 3rd. Mayor Neal called for Council concerns and reports.
Dr. Gonzales discussed the recent fatal accident involving a teenager who was crossing
Saratoga Boulevard at Ranger Drive following a track meet at Cabaniss Field. He asked that the City
Manager work with the Corpus Christi Independent School District to coordinate improved safety
measures in that area, such as reduced speed and increased lighting. He said there are also safety
concerns at Buccaneer Stadium during sporting events.
Mr. Colmenero requested an update on the state school park, and he noted that the Council
Chambers had been equipped with new cameras. Mr. Garrett said the City Council Action Request
list contains 21 items, one of which dates back to November 21, 2000. Mr. Garcia said several
responses are anticipated and others have been addressed but were not taken off the list. Mrs.
Longoria reiterated Mr. Colmenero's request for an update on the state school park.
Mayor Neal commented on poor lighting and inadequate crosswalk markings outside the
airport terminal, which may cause safety problems. There being no further business to come before
the Council, he adjourned the Council meeting at 4:45 p.m. on March 13, 2001.
2
AGENDA MEMORANDUM
Date: March 16, 2001
AGENDA ITEM:
Presentation by Mr. Billy Parks, District Engineer for the Texas Department of Transportation
Corpus Christi District Office, on regional transportation plans encompassing all of the southern
Mexican border areas, the Valley and the developments with I69, St. Hwy 44 and U.S. Hwy 77.
BACKGROUND;
At the December 19, 2000, Council Meeting, Council Member Mark Scott requested a report on
regional transportation.
3
CTTY COUNCIL
AGENDA MEMORANDUM
March :1.6r 2001
AGENDA ~LTEM:
Presentation of the 2nd Quarter Financial Performance Report
ISSUE:
Beginning this fiscal year, City Staff resumed quarterly financial reporting to keep the
Council regulary apprised of the City's financial condition.
BACKGROUND:
With the new PeopleSoft system now operational, the Office of Management and Budget
has begun to provide a new quarterly perfomance report that includes a new format.
REQUZRED COUNCZL ACT]:ON:
No formal action required at this time.
Mark L. McDaniel
Director of Management and Budget
ADDTrZONAL SUPPORT MATER~.AL
copy of slide presentation []
CITY OP
CORPUS CHRISTI
J.Fl*sv,al Year 2000-
EiE,EEt�E:,,�;iEiEtEs10EEEEiEiiE.� , �,:ul;:.:!�E�„Ii(IElEE.�Ii,:�:.E��„:iEEEEElEEEEElIIEEfffIIEEEEIEEE�LEi�EiiiEEl
Second Q=r
Performance Report
F*ye Year F+ loan 1, Forpq��
FY 29,QQ-Q1 BucJge, t HighlightsHighlights
Fiscal Year 2AAA-A1 revpnue§, and
eXpendiipres amain ai projeQieq levels
YTQ Revenue for all funds equqls
$19a,Q�Q,2a,9 or 52% of the FYQQ-01
t otal budgeted alllQutlt of $379,QQ7,021
N
Y 200,0-01 Budget Highlights
YTP FXpenditureS far all funds equal
$1 5978 10
1 , 31 Qor43%oftheFYQQ-Q1
tAtal budgeted amount of $36774227204
YTQ Revenpp-, $73,Q44,01� -5,7% of
tptcM Wdgpted revenue of
YTQ F-xpenditpres -
raf totq.l budgeted ex
$12QIQ24;595e
$58,4F5,481
of
ppnditi4res Q
.45%
2
2009AFY,1,1
Gener4l Fungi H*gb
.,gi
Ad Valorem Qqrrent Property taxes -
YTP AQtual, $26,384,749 - A total Pf
$33,ap4,11 a, was Ndgeted.
Industrial pistrict - in lieu - YTR AGtual,
$5,2557Q6,3 - Represen�s
q,
inQrea,se over hNdgeted qmopnt of
$5,W1,R74 5
FY 200 It ,,I G
�rwn
era! Fond Highlighks
Sales Tax - YTP Aotual, $15,a9�,47a -
Represents an qnderagp of $3A2,QGA as
compared to the YTp budgeted amAunt
Qf $ 1 Oil K,4M
FY 20P0 -Al
U
1 Genera
c j -
I Fund Highlights
f Qpntral Power and Wght Fremohiso, Foe
-YTP AFtuqI, $4771Q;a3l2 - Reprownts,
qn inorepse Qf $590,702 over the
hwdgeted amount of $4,12Q,Q7Q
lY 2QQ
1ener l H*gh
Inc *gh
I J
TpIeGpmmuniFptiQn Fop -YTS AGtuql,
$1,Aa2,771 - Represents ca deQrec&,ise sof
$2G?,�a5 from the budqpted amQunt
FY 20 Om
1
re ei. Fund Highleght$
z.
COle TV. F- YTP AGtual,
I �inGre�so§505,715 - Represents qn of
$24,809 over the budqeted a.mqpnt
$slid Waste Services YTR Aotual,
$.9,362,28Q - Represents crii shortfAll of
$714,OpQ as compared tA a YTA
28Q
PHdqpt of�1A,A7G, 9
FY 200 ihlii
Municipal Court Fees -YTP Actpqj)
X1,$34,320 - Represents, an increps
P,f $242,032 ove
of $1,592728,8
rthe Ndgeted Pmount
to
Y 20
,9,9-01 Unterpr
Highlights
iso Funds
Water - YTP AGtual - $�2,1 0275 a -
represents aA/P of total Ndget
Gp§� - YTR AFtoal - $17,A19,711 -
represents GG?iP of total hudqet (paldpr
them aVerage tPmperatureS and pass-
throu9h
cans Pf natural gas)
FY 20,p�D-1 n
Highlights
terprj*se,Ftfnds
We.iste.weitpr - YTQ Aotuevil $1572Q27247
- rppresents 5,5°!p of tptc.il udqpt
12
FY 2ppp-QlE,xpenditllCe HighllghkS
GENERAL 4- k -r—
FprtY-five perFpnt of buOqpt exppll0pO,
np §ignificant variances throush 2nd
quarter
ENTERPRISE FUNDS
tj
FAOY-twu perGent of budqet expendpd,
nn signifiomt variances thrQugh 2nd
p
FY 2009!iQl Expemc 1*t re H*ghl*gh
S
U
Fqrty-fopr porppnt of WOO
expended, no significant variances
through 2nd Quarter
Forty -Ane perpent of budget
expended, no significant variances
throu h 2nd ?uarter
H
Fide Year Financial Forecast
15
FY 2000-Ol
1 Highlights
i-Rwer Solid as e aindfill
Higher F-IpQtric Franchise ReVenue
Owe to Higher Natural Gas Prices
16
Fiye Yearorecas tAssumpt*
QIQ s
Fiscal Year 2002 m 2006
17
l eyenu+e . ssumptions
Property TaX -- 2.5K °/Q annul
Saes Tax -- 3t °iQ annual growth on 1pw,,Pr bass
CPQ. -- SP7 Ff fective Jempelry 2QQ2
Solid Waste andflll Revenues -- continpe Pt
rp, Owed levels dpe to tonnage loss
. All Others -- Averege 2 % growth
18
aky
E p en i re
No
.e-
No $alqry InFreq,sp
Gtrpqp Healxh InsNranGe -1A % annual inFrpa§p
Ppwpr, iqht q.nd Neal %P, annual inFrease
FyP.l and WbriQants -- 4 P/P qnnqql inproasp
All other expenditures .. 2.5 P/P annual increase
19
Finan�ci.
and Reserve Polces
Respiption cilppteid in May 2QQQ
Set Target of 5P/,o,, of expenditqrps within 5 yp.qr§
Pesignates wnqntipipated, one
i -time revenqPs
cincl bpdqet swrpipses to meet that goal
Assumes annpql planni
Whet practices
77
W7,
ng and conservative
KII
Adopted
Estimated
Forecast
Forecast
Forecast
Forecast
Forecast
200041
200041
20014
200243
2003.04
200445
2005.06
Unreserved Fund Balance $1,646,957
$ 3,162,072
$ 6,186,672
$ 6,863,034
$ 7,665,757
$ 8,812,442
$10,797,285
Reserved For Encumbrances 0
853,255
0
0
0
0
0
Reserved For Commitments 528,490
699,724
568,720
5441799
5441799
5441799
5441799
Beginning Balance, 811
21175,447
41715,051
6,755,392
7,407,833
8,210,556
9,357,241
11,342,084
Total Revenues
128,323,636
128,958,197
128,593,025
130,488,721
132,876,141
135,445,110
138,314,339
Total Available Funds
130,499,083
133,673,248
135,348,416
137,896,553
141,086,696
144,802,352
149,656,423
Expenditures 126,024,601 126,064,601 127,940,584 129,685,997 131,729,455 133,460,268 135,679,753
Reserved For Commitments
3971486
568,720
5441799
544,799
544,799
5441799
5441799
Unreserved
4,076,995
6,186,672
6,863,034
7,665,757
8,812,442
10,797,285
13,431,871
Closing Fund Balance, 7131
$ 4,474,481
$ 6,755,392
$ 7,407,833
$ 8,210,556
$ 9,357,241
$11,342,084
$13,976,670
Fund Balance %Of Expenditures
3.55%
5.36%
5.79%
6.33%
7.10%
8.50%
10.30%
4
Requested Council Action: 3/20/01
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Perfection Corporation,
Madison, Ohio, for approximately 1,050 Anodeless Service Risers, in accordance with Bid Invitation
No. BI-0085-01 based on low bid for an estimated annual expenditure of $15,169.50. The term of the
contract will be for twelve months with an option to extend for up to two additional twelve-month
periods subject to the approval of the supplier and the City Manager or his designee. Funds have been
budgeted by the Gas Department in FY 00-01.
BACKGROUND:
Purpose:
The Anodeless Service Risers are used by the Gas Department to
transition from underground pipe to above ground. The Gas meter is
attached to the Service Riser.
Previous Contract:
Bid Invitations Issued:
Bids Received:
Price Analysis:
Award Basis:
The option to extend the previous contract was not exercised due to new
items added to the contract.
Eleven
Seven
When compared to the previous contract, pricing has decreased
approximately 6 %. The decrease is partially due to and increase of
quantities requested.
Low Bid
Funding:
Gas Department
520160-4130-34130
$15,169.50
M~chael~Barrera, C[3M' v
Procurement and General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
BID TABULATION BI -0085-01
ANODELESS SERVICE RISERS
$15169.50 $17,966.50 $18,152.50 $18,353.50
Page 1 of 1
$19,267.00 $19,93500 $29.077.50
Perfection Corporation lCummins
Madison, OH 44057 IN.
Utility Supply
Worth, Texas
Galeske, Inc
San Antonio, Texas
Hughes Supply
San Antonio, Texas
U.S. Fitters
Corpus Christi, Texas
Prir star Supply Co.
Corpus Christi, Texas
Fast Flow Pipe Supply
Corpus Christi, Texas
Unit
Extended
Unit
Exlendetl
Unit
Eztendetl
Unit
Extended
Unit
Extended
Unit
Extended
Unit
Exlended
Item Description
Oil
Price
Price
Price
Price
Price
Price
Price
Price
Price
Price
Price
Price
Price
Price
1 36" vertical x 24" horizontal, with a tracer
500
$13.10
$6,550.00
$15.53
$7,765.00
$15.10
$7,550.00
$15.28 $7,640.00
$16.04
$8,020.00
$16.60
$8,300.00
$26.70
$13.350.00
wire connector on horizintal leg, with 12"
pig -tail.
Inlet. 1" 1PS polyethylene SDR li.
P E. 2406
Outlet: i"threaded steel pipe, schedule
40 with external epoxy coating and thermal
heat shield.
6,250.00
13.92
6,960.00
15.10
7,550.00
15.28 7,640.00
16.04
8,020.00
16.60
8,300.00
26.70
13.350.00
2 24" vertical x 24" horizontal. with a tracer
500
12.50
wire connector on horizintal leg, with 12"
pig tail
Inlet 1" 1PS polyethylene SDR 11.
P E 2406
Outlet. 1" threaded steel pipe, schedule
40 with external epoxy coating and thermal
heat shield
47.39
2,369.50
64.83
3,241.50
61.05
3,052.50
61.47 3,073.50
64.54
3,227.00
56.70
3,335.00
47.55
2.377.50
3 36" vertical x 36" horizontal. with a tracer
50
wire connector on horizintal leg, with 12"
pigtail.
Inlet 2" 1PS polyethylene SDR 11.
P . 2406
Outlet 2" threaded steel pipe, schedule
40 with external epoxy coating and thermal
heat shield.
$15169.50 $17,966.50 $18,152.50 $18,353.50
Page 1 of 1
$19,267.00 $19,93500 $29.077.50
5
Requested Council Action: 3/20/01
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with the following companies for
the following amounts for approximately 143,000 feet of polyethylene pipe and 5,080 fittings in
accordance with Bid Invitation No. BI-0086-01 based on low bid for an estimated annual expenditure
of $134,301.43. The terms of the contracts will be for twelve months with an option to extend for up
to two additional twelve-month periods subject to the approval of the suppliers and the City Manager
or his designee. Funds have been budgeted by the Gas Department in FY 00-01.
Gajeske, Inc.
San Antonio, TX
Group 1 & 2
$116,435.83
Cummins Utilities Supply
Forth Worth, TX
Group 3
$17,865.60
Grand Total: $134,301.43
BACKGROUND:
Purpose:
The pipe and fittings are used by the Gas Department for the
construction of new gas lines and the maintenance of existing lines.
Previous Contract:
The option to extend the previous contract was not exercised due to new
items added to the contract.
Bid Invitations Issued:
Seventeen
Bids Received: Five
Price Analysis:
When compared to the previous contract, pricing has increased
approximately 8 %. The price increase is partially due to a rising market
for resin products.
Award Basis:
Low Bid
Bids received from CRS Polypipe, Gainesville, Texas, Priester Supply,
Corpus Christi, Texas and US Filter, Corpus Christi, Texas have been
deemed as non-responsive. Bidders failed to submit firm fixed pricing
as required. Performance Pipe, Richardson, Texas, submitted a bid,
however their offer took exception to the City's standard terms and
conditions.
Funding:
Gas Department 520160-4 l 30-34130
Micha~l'B~trrera, C
Procurement and General Services Manager
$134,301.43
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: GABRIEL MALDONADO
BID TABULATION BI -0086-01
POLYETHYLENE PIPE AND FITTINGS
Group 1
Gajeske, Inc
Helotes, Tx
Fast Flow Pipe Supply
Corpus Christi, Texas
Cummins Utilities Supply
Forth Worth, Tx
Description
Qty.
Qty.
Extended Price
Extended Price
Extended Price
Extended Price
Extended Price
Extended Price
Extended Price
PIPE
143,000
ft.
$103406.70
$116,980.00
$157,700.00
Sizes: 112" through 8 -
$13,098.15
$14,387.15
$19,117.40
Sizes. 1/2" through 4"
$18,598.00
Group 2
Gajeske, Inc
Helotes, Tx
Central Plastics
Shawnee, OK
Cummins Utilities Supply
Forth Worth, Tx
Fast Flow Pipe Supply
Corpus Christi, Texas
Description
Qty.
Qty.
Extended Price
Extended Price
Extended Price
Extended Price
Extended Price
Extended Price
FITTINGS
4,380
ft
$1,i.4al8 -3
$13,098.15
$14,387.15
$19,117.40
Sizes. 1/2" through 4"
$18,598.00
$18,831.90
$22,396.30
Sizes: V2" through a"
Group 3
Cummins Utilities Supply
Forth Worth, Tx
Gajeske, Inc
Helotes, Tx
Central Plastics
Shawnee, OK
Perfection Corporation
Madison, OH
Fast Flow Pipe Supply
Corpus Christi, Texas
Description
Qty.
Extended Price
Extended Price
Extended Price
Extended Price
Extended Price
TRANSITION FITTINGS
700
ft.
$1786560
$18,497.59
$18,598.00
$18,831.90
$22,396.30
Sizes: V2" through a"
Note: Bids received from CRS Polypipe, Gainesville, Texas, Priester Supply, Corpus Christi, Texas and US Filter, Corpus Christi, Texas have been deemed as non-responsive.
Bidders failed to submit firm fixed pricing as required. Performance Pipe, Richardson, Texas, submitted a bid, however their offer took exception to the City's standard terms and conditions.
6
AGENDA MEMORANDUM
DATE: March 9, 2001
SUBJECT: Oso Water Reclamation Plant Yard Piping Replacement (Project No. 7207)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
construction contract with Insituform Technologies, Inc. for a total fee not to exceed
$273,460 for the Oso Water Reclamation Plant Yard Piping Replacement.
ISSUE: The existing yard piping at the Oso Water Reclamation Plant consists of two lines
which carry the gdt chamber effluent flow to the plant splitter box. The piping was installed
as cast iron pipe. The piping has exceeded their useful life and requires replacement.
FUNDING: Funds for this project are available in the FY 2000-2001 Wastewater Capital
Improvements Fund.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell,
Wastewater Department
'Angel R. Escobar, P.E., t
Director of Engineering Services
Additional Su_o_oort Material:
Exhibit"A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tab Summary
Exhibit "D" Location Map
BACKGROUND INFORMATION
SUBJECT: Oso Water Reclamation Plant Yard Piping Replacement (Project No. 7207)
BACKGROUND INFORMATION: The existing yard piping at the Oso Water Reclamation
Plant consists of two lines which carry the grit chamber effluent flow to the plant splitter
box, for measured flow to each side of the Oso Plant. The piping was installed in cast iron
pipe. The lines have exceeded their useful life, and corrosion atop the lines is so extensive
that the lines can spring leaks anytime of high flow, such as dudng rain storms. Releasing
any of the flow through line ruptures is a violation of the plant operating permit and of
Texas Natural Resource Conservation Commission (TNRCC) regulations.
PROJECT DESCRIPTION: The project consists of rehabilitation or replacement of
approximately 650 linear feet total, in two line segments of 48-inch cast iron gravity sewer
pipe, using either a cast-in-place pipe (CIPP) liner, or through removal and replacement
with centrifugal-cast fiberglass pipe, including: excavation; asphalt pavement repairs; pipes,
fittings, and appurtences; temporary bypassing and site restoration; in accordance with the
plans, specifications and contract documents.
BID INFORMATION: The project consists of a Base Bid "A", Base Bid "B" and Base Bid
"C" as follows:
Base Bid "A" - specifies rehabilitation of existing 48-inch cast iron pipe
with cast in-place pipe;
Base ~ - specifies for removing and replacing existing 48-inch
cast iron pipe with a new 48-inch centrifugally cast fiberglass pipe;
and
Base Bid "C" - specifies for removing and replacing existing 48-inch
cast iron pipe with a new 48-inch PVC pipe.
The City received proposals from five (5) bidders on March 7, 2001. The bids ranged as
follows:
Base Bid "A" = $273,460 to $659,000
Base Bid "B" = $303,000 to $463,875
Base Bid "C" = $405,325 to $484,975
Insituform Technologies, Inc. of Houston, Texas is the Iow bidder on the total of Base Bid
"A" in the amount of $273,460. They have satisfactorily performed several jobs for the City
and are recommended for the contract award of Base Bid "A".
EXHIBIT "A" I
Page 1 of 2
CONTRACT TERMS: The contract specifies that the project will be completed in 45
calendar days, with completion anticipated by the end of May 2001.
FUNDING: Funds for this project are available in the FY 2000-2001 Wastewater Capital
Improvements Fund.
H:/HO M E~VEL MA R~G E N\WASTEWAT~7207~AG EN DA.BKG
EXHIBIT "A" I
Page 2 of 2
OSO WATER RECLAMATION PLANT
YARD PIPING REPLACEMENT
(PROJECT NO. 7207)
Project Budget
March 13, 2001
FUNDS AVAILABLE:
Wastewater Commercial Paper Program ........................................................ $314,806.00
FUNDS REQUIRED:
Construction (Insituform Technologies, Inc.) ................................................... $273,460.00
Contingencies (10%) ....................................................................................... 27,346.00
Major Projects Activity ..................................................................................... 7,500.00
Construction Inspection Activity ....................................................................... 5,000.00
Testing ............................................................................................................. 500.00
Printing ............................................................................................................ 500.00
Advertising ....................................................................................................... 500.00
Total ................................................................................................................. $314,806.00
H:~HO ME, VEL MAR\G E N\WASTEWAT~7207~BU DG ET,WB2
DEPARTMENT Of ENGINEERING - CITY OF CORPUS Cl TEXAS
U1:ATAD D! Angel R.Eeeobar, P.E., Director of Engineering Services
DATA, Nod" dey, Match 7, 2001 TIME OP COMPLETION, 45 Calendar Daye ENGINEER'S EST ESTIMATE: $250,000
MAkAt Aelcams[ion Plant
'Yard
Insituform Technologies
King -Isles
Garver Construction Ltd.
Jalco Inc.
Piping Replacement
702 Spirit 40Park Dr
1641 Gold.^.ton
5102 LawtvaII
PO Boz .'. 11tH
-, 1pY0ject No. 7207 ;
Chesterfield, NO 63005
C.C., TX 78409
Houston, TX 77023
Houston, TX 77227
QTY.
LIMIT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT
AMOUNT
UNIT PRICE
AMOUNT
AA
Rehabilitate existing 48"
1
LS
248,460.00
24B,1r,0.00
I)- Bid
7PRICE
336,
I` I 00
iii Rid
C.I.Pipe with CIPP
A-2
Allowance for unanticipated
1
LS
25,000.00
25,000.00
25,000.00
...,000.00
25,
i-1000.00
•,001
adjustments
'
TOTAL ALBA BID ^A^ (Items
$273,960.00
No Bid
$761,872.00
No Bid
-8-3
Remove and replace existing
1
LS
B).nik.
276,700.00
7 n -100.00
11
110,000.00
'111,000.1
48" C.I.Pipe with new 48"
centrifugally cast
fiberglass pipe
B-2
Trench Safety
650
LF
=.00
1.100.01
:B-3
Allowance for unanticipated
1
LS
25,000.00
.. 11.00
25,0110.00
,.0(10.(10
25,01), u0
''1
.. •, 000. 1
,Gnu
adjustgante
Blank
$303,000.00
- N❑
_$365,325.00
ove and replace existing
1
LS
BlOnk
tl,, Bid
Nn
380,000.00
1)10,000.11
C.X.Pipe with new 48-
I41 AVC C905 pipe
jC-2Tr-nlch
safety
650
LF
Bl:uik
D, Bid
nn
50
325
owance for unanticipated
1
LS25,000.00
25,100.00
25,000.00
..`,000.00
25,001.00
, -1`U
_5,000.00
, 000ustments
AL BAER BID 'Ce (Items
Blank
No Bid
NB
--
-
905,325.00
in extension by Contractor - totals shown have been corrected.
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BYs fingel R.Hacobar, P.H., Director of Engineering Servicese
DATE: Wednesday, March 7, 2001 COMPLBTION: 45 Calendar Days
Oeo Water Relcamation Plant Bracco Construrtion Co.
Yard Piping Replacement PO Box 7067
Project No. 7207 C.C., T% 78467
DESCRIPTION
A-1 Rehabilitate existing 48"
C.1.Pipe with C1PP
A-2 Allowance for unanticipated
adjustments
TOTAi BABE HID ^A" (Itee;e
A-1 A A-21
B-1 Remove and replace existing
48" C.I.Pipe with new 48"
centrifugally cast
fiberglass pipe
B-2 Trench Safety
B-3 Allowance for unanticipated
adjustments
TOTAL BASM HID "B" (Items
I B-2 8-2 4 8-31
C-1 Remove and replace existing
48" C.I.Pipe with new 48"
Or 41 PVC C905 pipe
C-2 Trench safety
C-3 Allowance for unanticipatet
adjustments
TOTAL HASH BID "C" (Items
Page 2 of 2
ENGINEER'S ESTIMATE: $250,000
arani:NT UNIT PRICE I AMOUNT
QTY.
1
11
UNIT
LS
LS
UNIT PRICE
634,000.00
25,000.00
AMOUNT
634,000.00
25,000.00
UNIT PUTcu
-- ----
$659,000.00
LS
LF
LS
434,000.00
7.50
25,000.00
434,000.00
4,875.00
25,000.00
1
650
I
$463,875.00
1
650
1
LS
LF
LS
455,100.00
7.50
25,000.00
155,100.00
4,875.00
25,000.00
484,975.00
\ Mproject \ councilexhibits \ exh 720 7. dwg
LOCATIO~ ~P
ClP P~ECT No. 7207 ~r m ~ EXHIBIT "O"
CZ~ COUNCZL EXHZBZT ~
Oso Wa~ec Reclamation P~an~ ~P~.~Nr O~ ~N~E~N~ SE~C~
Yacd P~p~ng Rep~acemen~ PAGE: I o~ 1
City of Corpus Christi, Texas DATE: 03-09-2001 ~
7
CITY COUNCIL
AGENDA MEMORANDUM
Date: March 13, 2001
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an addendum
to the contract with the Housing Authority of the City of Corpus Christi (Authority) to extend the
supplemental police services provided by the Corpus Christi Police Department until all available
grant funds of $125,176 have been expended.
ISSUE:. The Housing Authority of Corpus Christi has funds remaining from the current contract
which expires March 31, 2001 and are requesting to extend the contract until the funds are expended.
BACKGROUND: The overtime Housing Authority Patrol (HAP) began in 1990 when the Housing
Authority approached the City for law enforcement support in their developments funded through
a HUD Drug Elimination Program grant. The current contract was approved by City Council on June
13, 2000 and expires Mamh 31, 2001.
In the contract the Police Department agrees to provide a minimum of ten (10) Police officers, on an
overtime basis, to perform specialized patrols to enforce all state and local laws as well as Housing
Authority Rules as specified in the contract. Each officer participating will complete a 4-hour shift,
at a time and on a day of the week that is mutually agreeable between the Police Department and the
Housing Authority. Both parties will jointly prepare a detailed plan of operation to reduce drug
related and gang related crime. Officers are responsible for providing the Housing Authority with
information regarding their daily contacts, referrals, suspicious persons, and other criminal activity
they may have encountered during their tour of duty.
FUNDING: The term of the contract was for twelve months, contingent upon the continued
availability of funds, but not exceeding March 31, 2001. The Housing Authority has funds remaining
from the original contract amount and are requesting an extension of the contract.
REQUIRED COUNCIL ACTION: Extension of the contract.
RECOMMENDATION: Staffrecommends extension of the contract.
AI)I)ITIONAL SUPPORT MATERIAL
Letter from the Housing Authority
va~ez
Chief of Poll-ce
CONTRACT ADDENDUM
EXTENDING THE TERM OFTHE
CONTRACTUAL AGREEMENT BETWEEN
THE HOUSING AUTHORITY
OF THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI POLICE DEPARTMENT
CONTRACT FOR SUPPLEMENTAL POLICE SERVICES
On this the __ day of _, 2001, the parties to this contract for Housing
Authority Police Patrol services, made and entered into the 13th day of June, 2000, hereby
agree to extend the term of the contract for the City to provide supplemental police services
and for the Housing authority to reimburse the City for supplemental police services provided
until total available grant funds of $125,176.00 have been expended. In no event shall this
additional contract term continue beyond 12 months, beginning on the date this addendum is
approved by both parties. All other terms of the contract remain in full force and effect.
BOARD OF COMMISSIONERS
WILLIAM D. BONILLA, Chai~rson
HAROLD R. FREDRICKSON, Vice chaaperson
PATSY BOONE, Commissioner
ELMER CHARLES WILSON, Commissioner
IRMA ALICE MARRUFFO, Commissioner
HOUSING AUTHORITY OF
THE CITY OF CORPUS CHRISTI
3701 Aycrs Street
Corpus Christi, Texas 78415
MICHAEL J. RAYMOND, Executive Director
Office: 361-884-3801
Fax: 361-888-9131
March 6, 2001
Pete Alvarez, Jr.
Chief of Police
Corpus Christi Police Department
P.O. Box 9016
Corpus Christi, TX 78469
Dear Chief Alvarez,
This letter serves as a request to extend the current contract approved June 13, 2000
by City Council between the Corpus Christi Housing Authority and the City of Corpus
Christi in reference to the supplementary police services being performed under the
HAPP (Housing Authority Police Patrol) program.
Currently the contract is set to expire on March 31, 2001. I am requesting that the
contract be extended until the full amount of $125,176.00 is expended.
Thank you for your consideration, and the Housing Authority looks forward to continuing
the partnership with the Corpus Christi Police Department.
Sincerely, . ~-'----~
Executive Director
CONTRACTUAL AGREEMENT BETWEEN
THE HOUSING AUTHORITY
OF THE CITY OF CORPUS CHRISTI
AND
THE CORPUS CHRISTI POLICE DEPARTMENT
CONTRACT FOR SUPPLEMENTAL POLICE SERVICES
This Contract, to provide specific police services associated with the Authority' s anti-drug, anti-gang,
anti-crime security programs. ("HAPP Program") and to achieve efl~ci~r~ in meeting
intergovernmental responsibilities, is made and entered into this [-~,-~ v~ day of
,~\,~)(x~ , 2000, by and between the Housing Authority of the City ~f Corpus Christi
("Authority"), a Texas governmental entity, acting by and through its duly authorized Executive
Director or designee ("Authofity's Agent"), and the City of Corpus Christi ("City"), a Texas home
rule municipal corporation, acting by and through its duly authorized City Manager or designee
("City Manager"), for the purposes of this Contract the City Manager's designee is the Police Chief
or designee ("Police Chief').
WHEREAS, the Authority desires to contract with the City for additional police services to create
a drug and crime free environment and to provide for the safety and protection of the residents in its
public housing developments; and
WHEREAS, the City, by and through its Police Department, desires to assist in the effort by
providing effective police services at all Authority locations;
NOW, THEREFORE, the Authority and the City agree as follows:
ARTICLE I
Scope of Services
SECTION ONE: SERVICES PROVIDED BY THE CITY
The City agrees that the supplemental police services rendered by the Assigned Personnel under this
Contract are in addition to baseline police services. The City agrees that it will not reduce its current
level of police services to the public housing developments, particularly in the areas of comraunity
policing, patrol, criminal investigations, records, dispatch and special operations.
The manner and method of performance of services are specified in Article IV, Plan of
Operations.
The duties and extent of services of the Assigned Personnel shah include, but shah not be limited to:
The City, by and through its Police Department, wiI1 provide a minimum often (10) Police
Officers, on an overtime basis, to perform specialized patrols to enforce ail state and local
laws, and the Housing Authority Rules specified in this Contract. Sworn Officers shall at all
times remain part of, subject to'and in direct relationship with the Police Department's chain
of command and under Police Department rules, regulations and standard operating
procedures. ,.
The City agrees to assign Police Officers for vehicle patrols, as the situation warrants, to
targeted areas. Officers will periodically park vehicles on Authority property and walk
targeted areas. During specific periods of time identified by the Authority and agreed upon
by the City as high crime or high workload periods (directed patrol) in certain areas, to
maintain a police patrol presence. The City will continue to provide additional coverage to
those targeted areas as needed in the case of an emergency.
Without limiting any of the foregoing, the City agrees that with respect to the services to be
performed by any police personnel in accordance with this Contract, the appropriate Police
Department Patrol Commander or Coordinator will meet with the Manager of Resident
Services and the appropriate Resident Services Coordinator as often as is necessary to
implement the purposes of this contract but at least once quarterly for the purposes of
reviewing the enforcement and prevention efforts in planning for future changes or
modifications anticipated by this contract. In addition, the Housing Authority will liaison with
the Police Department's Community Services Division for the purpose of community policing,
establishing Neighborhood on Watch program and facilitating crime prevention and
intervention programs.
The City agrees that a policy manual exists to regulate Police Officers' conduct and activities;
all Police Officers have been provided a copy of the policy manual; the Department has signed
receipt from each Officer that he or she has received and understands the contents of the
manual; and personnel have been trained on the regulations and orders within the manuai.
The City agrees that it will provide the Assigned Personnel with such basic equipment as may
be necessary and reasonable in order to allow the police officers to carry out the duties
anticipated under this contract.
The City will designate a Shift Lieutenant for the coordination, control, and direction of work
activities and assignments of Police Officers, including disciplinary actions.
It is expressly understood that the Police Department shall be responsible for the
compensation of the Police Officers and ail employee benefits, as well as any injuries to
Officers, their property, or the City's property while on the Authofity's property. The hours
of duty will vary according to the needs of the Police Department and the Housing Authority.
The hourly overtime rate of pay for an individual officer will not exceed actual cost. The
Housing Authority reserves the right to review the hourly overtime rate of each officer, on
2
on a case by case basis, to ensure that their cost is agreeable with the Housing Authority's
budgetary objective (longevity of patrols).
H. The Police Officers shall posse'ss and maintain TCLEOSE required Certification.
The City agrees to assign one (1) Police Officer to perform HAPP administrative duties,
including providing reports for crimes occurring on Housing Authority property. The Officer
will perform these duties on an overtime basis.
SECTION TWO: SERVICES PROVIDED BY TIlE AUTItORITY
The Authority will provide traL~g to residents, participating Police Officers and Authority
on-site management staff in areas consistent to decreasing criminal activity.
Orientation about the lease contract and the residents' obligations under the lease.
Lease compliance enforcement procedures and policies.
Crime prevention and intervention.
The Authority shall reserve the right to reasonably request the Police Department to replace
any Assigned Personnel for the following reasons:
2.
3.
4.
Neglect or non-performance of duties;
Disorderly conduct, use of abusive or offensive language, or fighting;
Criminal action;
Selling, consuming, possessing or being under the influence of intoxicants, including
alcohol or illegal substances, while on assignment to the Authority;
Inadequate punctuality or attendance; or
Sustained complaints from public housing residents or management.
The Authority shall provide a written explanation of the reasons for the request for
replacement of a Police Officer to the Police Chie£
The City agrees that as part oftt~e responsibilities under this contract, Police Officers will
complete Housing Authority Police Patrol Activity Reports, attached and incorporated as
Exhibit A C'HAPP Reports"), and will make themselves available for courtroom testimony
as necessary, provided that the Authority' Agent contacts the HAPP Supervisor at least three
(3) business days prior to the date a Police Officer is requested to testify in court.
ARTICI.E H
Enforcement of Rules and Regulations
The Authority authorizes the City, through its Police Department and Police Officers, to
enforce the Housing Authority Rules and Regulations, including, but not limited to:
Enforce the criminal provisions of the Housing Authority's "One Strike and You're
Out" policy, attached and incorporated as Exhibit B.
The Authority must maintain, and update monthly, a copy to the Uniform Division
Commander, alist ofpei'sonsthe Authority deems to be trespassers ("Ban List"). The
Authority authorizes the Police Department to arrest anyone at an Authority property
on the "Ban List" as a trespasser. It is the Authority's responsibility to deliver a
current Trespasser List to the HAPP Supervisor by the 10* of each month. Anyone
identified by Authority Management as a Trespasse[ will be treated as if he/she were
listed on the trespasser list.
Police Officers shall arrest as trespassers anyone in unoccupied structures of the
Authority.
Police Officers shall arrest, on appropriate grounds, anyone creating disturbances or
otherwise interfering with the peaceful enjoyment of residents on Authority property
and criminal enfomement actions may be taken by Authority.
Police Officers shall arrest, on appropriate grounds, anyone destroying, defacing, or
removing Authority property and criminal enforcement actions may be taken by
Authority.
Authority residents and their visitors to Authority property and premises shall refrain
from, and shall cause their households to refrain from, parking vehicles anywhere
other than parking areas designated by Authority management. Police Officers may
impound cars parked in red zones or that are otherwise hazards to the public, and
follow Police Department procedures for impounding.
There are laws regulating the use and release of criminal history records. Nothing in this
Contract authorizes the release of criminal history records to the Authority, including without
limitation, use to screen potential residents.
The Housing Authority authorizes the Police Department to fully enforce all federal, state,
and local laws, rules, and regulations, with special emphasis on enfoming the youth curfew
and other juvenile related ordinances to combat juvenile crime.
The Authority shall notify its employees and residents of the above provision.
ARTICLE m
Communications, Reporting and Evaluation
Communications
Daily Activity Report. Each Police Officer participating under this Contract will
complete a daily Housing Authority Police Patrol Activity Report (HAPP Report)
(See Exhibit A). Each HAPP Report will include:
4
the hours worked,
the date,
the officer's name,
neighborhood dontacts,
areas of concern, and
a narrative describing activity on the shift, including without limitation the
following:
i.
ii.
iii.
name and address of suspicious persons,
drug paraphernalia confiscated or found,
arrests or citations of both residents and non-residents with
names, age~, sex, and ethni~ty,
vehicles towed or reported stolen.
Authority's Receipt of Daily Activity Report. The Uniform Division Commander, or
designee, will set up a specific location at the Police Department where the Authority
can pick up the Daily Activity Report after 10 a.m. Monday through Friday; they will
not be available for pick up on Saturday, Sunday, or City holidays. A designated
Police employee will make copies of each Daily Log for the City's computation of
payroll. If there is an extraordinary need for a Daily Log on Saturday, Sunday, or a
City holiday, the Authority's Agent may contact the Station Duty Officer at 886-2740
to obtain a copy.
Housing Authority Crime Related Reports. The Police Officer performing HAPP
administrative duties will provide the Authority with weekly reports of crimes
occurring on Authority property, and on all UCR Part I and II crimes occurring on
Authority property on a monthly basis.
Other reports. All additional reports needed by the Authority must be obtained
through normal police department procedures and will be coordinated by the Captain
of the Central Records Division, or designee.
Time sheets. The UniformDivision's payroll clerk will send the Authority a copy of
the time sheets for each Police Officer who participates under this Contract within
seven (7) days of the last City payday of each month, as maintained in the ordinary
course of business.
Billing
The City shall bill the Authority within seven (7) days of the last City payday of each month..
The Authority will utilize each Police Officer's Dally Activity Report and the City's time
sheets as verification prior to processing the City's invoice for payment. The City will bill the
Authority in arrears (e.g. will bill in February for hours worked in January). The Authority
will pay all City invoices out of current revenues from the HUD Grant for Police Patrols of
the Authority.
Evaluation
The Authority's Agent will evaluate the HAPP Program bi-annually, with input from the
Police Chief. The evaluation ~vill be based upon HAPP Activity Reports, and additional
reports requested by the Authority from the Police Department, and external data collected
by the Authority including, but not limited to: number of arrests, quality of services, number
of evictions, number of complaints, etc.
ARTICI.E IV
Plan of Operations
The Police Chief and the Anthority's Agent shall jointly prepare a detailed plan of operations
to reduce drug related and gang related crime. The plan will specify the manner and method
by which each of the Police Department services identified will be administered.
1. Operation Goals
The Police Department will offer Police Officers the opportunity to participate in the
HAPP Program on an overtime basis to provide additional policing at the Authority' s
developments. Each Police Officer participating will complete a 4-hour shi~, at a
time and on a day of the week that is mutually agreeable to the Uniform Division
Commander, or designee, and the Authority's Agent, subject to the City's need for
the Police Officers in an emergency situation. The Police Department will attempt to
provide at least ten (10) Police Officers for each shif~ requested by the Authority..
2. Patrol Areas:
Area One:
D.N. Leathers
Navarro Place
George Wiggins Homes
Area Two:
La Armada I, I.I, and III
Clairelaine Gardens
Area Three: Treyway Terrace
Leeward Homes
Area Four:
Ruthmary Price Place
Parkway Homes
Area Five:
Alaniz Gardens
McKinzie Manor
6
3. HAPP Shifts
The Authority's Agent and the Uniform Division Commander, or designee, will set
the HAPP shifts based hpon the Authority's requested shitts and the availability of
Police Officers to cover the shifts on an overtime basis, subject to the City's need for
Police Officers on an emergency basis. The Authority's Agent and the Uniform
Division Commander, or designee, will try to work out a monthly schedule for the
next month on or before the 20~ of the preceding mo. nth. The Authority's Agent will
prioritize which of its developments need what type of police services and this may
vary fi.om week to week.
4. Overtime Pay.
Each Police Officer will be paid the overtime rate stated on his/her timesheet.
5. Plan of Operations
The Authority's Agent and the Uniform Division Commander, or designee, will
prepare a plan of operations for review and acceptance by both the Authority's Agent
and the Police Chief within thirty (30) days fi.om the date of execution of this
Contract by both parties. The Authority's Agent may request reasonable modification
to the initial plan of operations, and the Police Chief will approve reasonable
modifications and so inform the Uniform Division Commander. Both the Authority
and the Police Chief must approve the plan in order for Authority to pay invoices
submitted by the City.
6. Amendments to the Plan of Operations
If during the term of the Contract either party desires to amend the plan of operations,
either party may request such an amendment by written request to the other party that
sets out the general change desired.
ARTICI,E V
Term of Contract
The term of this Contract shall be for twelve (12) months, contingent upon the continued availability
of funds, but not exceeding March 3 I, 2001, beginning on the date approved by both parties.
ARTICI,E VI
Compensation to the City
Effective on the ~ of ~k,L. lx-~ , 2000, the Corpus Christi Housing
Authority will com~)ensate the City of Corpus Christi on a cost reimbursement, based on each
Officer's overtime pay. The total amount of the contract will not exceed $125.176.00.
7
The Authority shall reimburse the Police Department on a monthly basis for the City's
overtime payments to the Police Officers who participated in the HAPP Program during the
prior month. The Authority's Agent will, upon receipt and acceptance of the City's time
sheets and each Police Officer's Daily Log(s), authorize payment to the Police Department.
The City shall provide the following documentation with its monthly reimbursement request,
which must be submitted to the Authority's Finance Department within one (1) week of the
last payday of the prior month:
Payroll Time Sheets which include names, employee identification numbers, overtime
hours worked in HAPP Program, supervisory approval and verification of the Payroll
Time Sheets. Authority's Community Liaison Officer will review and approve the
Payroll Time Sheets prior to payment.
The Authority shall make payment of the amount of reimbursement that has been approved
within thirty (30) days ofthe City's request for reimbursement. The Police Chiefmay request
that the Authority's Agent provide written documentation setting out with specificity the
reasons that a request for reimbursement has been denied. Authority's Agent must provide
written documentation for denial of reimbursements within seven (7) business days of the
Police Chiefs written request.
ARTICLE VII
Termination
The Authority or the City may terminate this Contract upon the provision of thirty (30) days written
notice to the other party in this Contract. Such notice shall be delivered by Certified Mail, Return
Receipt Requested, and addressed as specified for the parties in Article VIII.
ARTICLE VIII
Notices
Any notice required pursuant to the terms of this Contract shall be sent by United States Certified
Mail to the principal business of each of the parties, as specified below:
. Authority:
Executive Director
Housing Authority of the City of Corpus Christi
3701 Ayers Street
Corpus Christi, Texas 78415
Chief of Police
Corpus Christi Police Department
P.O. Box 9016
Corpus Christi, Texas 78469
8
Construction of Laws
This contract is made and entered into'the City of Corpus Clu'isti, Nueces County, Texas. Any and
all questions of law arising hereunder shall be construed in accordance with the laws of Texas and
venue shall be in appropriate court in Nueces County, whexe the Contract was executed and will be
performed.
ARTICLE X
Entire Contract
The Contract shall consist of the following component parts:
This Contract; and
Any subsequent addenda executed by duly authorized representatives of both parties.
If any word, phrase, paragraph, section, or article of this Contract is found to be invalid,
unconstitutional, or illegal by final judgment of a court of competent jurisdiction, it does not affect
any word, phrase, paragraph, section, or article of this Contract, because it is the intent of the City
Council that every word, phrase, paragraph, section, or article of this Contract is given full force and
effect.
9
ATI~EST:
CI'-~[EF OF POLICE
OF: Corpus Christi
RITY EXECUTIVE DII~CTOR
OF: Housing Authority of Corpus Christi
OF: The City of Corpus Christi
APPROVED AS TO FORM:
OF: The CiW °fC°*us C~i
10
8
CITY COUNCIL
AGENDA MEMORANDUM
Date: March 12, 200l
AGENDA ITEM: Resolution approving the submission of a grant application in the amount of
$625,000 to the U. S. Department of Justice, Office of Community Oriented Policing Services for
funding available under the COPS MORE 2001 program, with the City providing the required 25%
match of $156,250 available through the Law Enforcement Trust Fund.
ISSUE: The City of Corpus Christi is eligible for funding under the COPS MORE (Making Officer
Redeployment Effective) 2001 program for the purchase of information technology systems. This
will enable law enforcement agencies to expand the time available for community polidng by existing
law enforcement officers, rather than fund the hiring of additional sworn personnel.
FUNDING: As with previous grants, the Law Enforcement Trust Fund will provide the 25%
matching funds.
REQUIRED COUNCIL ACTION: Approval to submit grant application.
RECOMMENDATION: Staff recommends submittal of the grant application.
Chief of Police
ADDITIONAL SUPPORT MATERIAL
Background Information x
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND INFORMATION: The purpose of COPS MORE 2001 is to help law enforcement agencies
become more efficient by providing funding for new technology/equipment that will allow officers to spend more
time engaged in community policing activities. We must show that officer redeployment or time savings is a
direct result of the items purchased - the purchasing of technology/equipment must be directly equated to an
actual enhancement. Grants awarded must support communi .ty policing and must clearly link the funds sought
to an increased community, policing presence.
The Police Department proposed project is deemed "MDC II - Managing Crime with Technology". The funds
requested will build on the existing Mobile Data Computer (MDC)/Automated Vehicle Location System (AVLS)
technology which was partially funded through the1996 COPS MORE grant ($1.6 million). The additional
technology will enhance the tools available to both field officers as well as investigators through laptop
computers and additional software modules. The purchase of 77 laptop computers for assignment to
investigative personnel for use in the field as well as at their desk will provide these officers access to the
following:
· Wireless Field reporting: investigators will have the capabiliw to enter their offense or
supplementary reports fi.om the field or their desk. Currently patrol officers are entering their
offense reports fi.om their units.
· Crime Mapping: Officers can access crime data for their assigned patrol area via the laptop
computer. They software will provide a map showing reported offenses and calls for service for any
area and time fi.me the officers request. By obtaining data about the nature of crimes occurring
within their beat, officers can take proactive steps to curtail criminal activity. Investigators can
query, the system loo 'king for similar offenses to current cases.
· Video Imaging: Funds will extend the video imaging system to officers in the riel& providing access
to a black and white photo via the laptop computer each time th%' make a name mqmry on an
individual. The backbone for the system (funded by the Crime Control and Prevention District)
should be in place for access to mug shots by investigative personnel at the Police building by June,
2001.
· Training modules: by providing a computer lab, interactive in-sen,ice training will be available for
officers. Officers are required to have 20 hours of in-service training each year, and we anticipate
these interactive modules will save the department 50% in officers time spent in training, as well
as decreasing the amount of out of City training, costs to department personnel for training, and
costs associated with changing employee's schedules. Modules include CPR and drMng simulation
software.
With the additional hardxvare and software, field officers will be provided an additional tool for proactive
policing through crime mapping, will have additional time for community policing through reduced in-service
training time. and investigators will have additional tools to improve their response to the investigation of crime
with the improved flow and use of information.
The application deadline is March 23.2001.
COPS MORE 2001
TECHNOLOGY GRANT
'
DESCRIPTION OF EQUIPMENT QUANTITY UNIT PRICE TOTAL
1. Laptop computers for investigators
CID ] 461 $ 3,500 $ 161,000
Special Services 25i $ 3,500
OCU ~ 61 $ 3,500
2. Laser Pdnters 17! $ 550
$ 87,500
$ 21,000
$ 9,350
Crime Mapping Software
$ 80,000
'
4. Video imaging Software I 1', $ 50,000 $ 50,000
16,150
5. Computer Training Lab-Training
Personal computers 20i $ 2,500 $ 50,000
Training software modules 10 $ 1,615
80,000
Backbone infracture to expand current
li $ 15o,ooo
system to handle increased laptops,
)tinters, and software
$ 150,000
GRAND TOTAL $ 625,000
MD(ill - Mana.,.,in~ Crime ~vith l'echnoio~3'
Field Patrol Officers
lnvesligators:
CID
Special Services
Organized Crime
( ~a, pping
/ Soft,,ar~
Mobile Data Computers
Personal Computers
hnagmg
03/12/01 J:\PATDOCS\GRtkNTS\COPSMORE01 dia~'am.do¢
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT
A GRANT APPLICATION IN THE AMOUNT OF $625,000 TO THE U. S.
DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED
POLICING SERVICES, FOR FUNDING AVAILABLE UNDER THE COPS
MORE 2001 PROGRAM WITH THE CITY PROVIDING THE REQUIRED
25% MATCH OF $156,250 AVAILABLE THROUGH THE LAW
ENFORCEMENT TRUST FUND
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION I. That the City Manager, or his designee, is authorized to submit a grant application
of $625,000 to the U.S. Department of Justice, Office of Community Oriented Policing Services,
for funding available under the COPS MORE 2001 Program with the City providing the required
25% match of $156,250 available through the Law Enforcement Trust Fund.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved ~.~..~z t. ~3 ,2001; James R. Bray, Jr., City Attorney
By:
Lisa Aguilat'
Assistant City Attorney
H:~LEG-DIR\LISA\LISA/RES\RES 036
9
AGENDA MEMORANDUM
March 20,2001
SUBJECT: Technology Opportunity Program Grant Application.
AGENDA ITEM:
Resolution authorizing the City Manager or his designee to apply for a $180,000 Technology
Opportunity Program (TOP) grant from the Department of Commerce to install web-based
kiosks in public places which will provide individuals with access to city and other public
services and information.
ISSUE: In a 1999 survey conducted by the City of Corpus Christi, 46.6 percent of individuals
in the community indicated they did have a personal computer at home. Certain districts had
a higher rate of individuals without home computers, including: District I at 83.3 percent,
District 2 at 54.8 percent, and District 3 at 53.4 percent. Of those with personal computers,
19.8 percent did not have Internet connections at their home. In the past decade, due to the
availability of new technologies, information has become readily available to individuals via
the Internet. Access to the Internet is becoming significantly important. People who lack
access to the Internet are at a disadvantage, thus increasing the digital divide.
IMPLEMENTATION SCHEDULE: The TOP grant applications are due March 22. If awarded,
funding for the project will begin October 1, 2001.
RECOMMENDATION: Approval of the resolution as presented.
ADDITIONAL SUPPORT MATERIAL
Background Information
Contract Summary
Ordinance/Resolution
Map(s)
[]
0
[]
[]
Susan Cable, Director of Communications
and Quality Management
BACKGROUND INFORMATION
SUBJECT: Technology Opportunity Program Grant Application
Information drives how individuals make decisions about their daily lives; it assists
individuals decide how to spend their money, how to take care of their health, and how to get
somewhere. New technologies and Internet have transformed the availability of information
to individuals. Internet has become a major communication tool to provide information,
allow for interactive processes and conduct business. People who lack access to the
Internet are at an ever-increasing disadvantage.
The City has developed a very successful Internet site, providing much information to the
public. Goals for the site include expansion into interactive processes, including forms and
applications, building permits, and payment processes. Resources are required to
accomplish these important goals. The City also is very interested in expanding access to
the information provided to the public.
The web-based kiosks will allow individuals without Internet access to obtain useful
information that affects their daily lives in a convenient location. The public kiosks will be
located at large retail locations and public sector service buildings. The touch-screen web-
based kiosk will provide real-time information to customers, including public transportation;
weed and seed programs; recreation, youth and senior services; area events; minority
business assistance; city services; environmental issues; and other information that can
assist in daily decision making. The kiosk will also have interactive pages allowing users to
apply for jobs, report problems in their neighborhoods, and file city complaints. In addition,
the kiosks will be developed to include payment capability, which will allow users to pay for
such items as licenses and fines, tickets to sporting events, and utilities.
The City of Corpus Christi is applying for approximately $180,000 with an in-kind and cash
match from departmental budgets and other partnering entities totaling approximately
$150,000. The grant will be awarded during FY 2001-02.
The Department of Commerce has announced that $11 million dollars is available for the
Technology Opportunity Program for FY 2002. The purpose of the funds is to use digital
technologies to bridge the digital divide. All funded projects must be interactive in that they
allow end users to share information with others or gain access to information on an on-
demand basis.
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY
FOR A $180,000 TECHNOLOGY OPPORTUNITY PROGRAM GRANT
FROM THE U. S. DEPARTMENT OF COMMERCE TO INSTALL WEB-
BASED KIOSKS IN PUBLIC PLACES WHICH WILL PROVIDE
INDIVIDUALS WITH ACCESS TO CITY AND OTHER PUBLIC SERVICES
AND INFORMATION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, or his designee, is authorized to submit a grant application
for a $180.000 Technology Opportunity Program grant from the U.S. Department of Commerce to
install web-based kiosks in public places which will provide individuals with access to city and other
public services and information.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Legal form approved '-Cr~ c~v~. ~ ~' , 2001; James R. Bray, Jr., City Attorney
By:
Lisa Aguilar
Assistant City Attorney
H:~LEG-DIR LISA/LISA\RES\RES.037
10
ORDINANCE STATUS
AGENDA ITEM:
1. Authorizing and allowing under the act governing the Texas Municipal Retirement
System, "Updated Service Credits" in said system on an annual basis for service
performed by qualifying members of such system who at the effective date of the
allowance are in the employment of the City of Corpus Christi; providing for increased
prior and current service annuities for retirees and beneficiaries of deceased retirees
of the City; establishing an effective date for the Ordinance; and providing for
severance.
FIRST READING:
March 13, 2001
Passed: 8-0 (Henry Garrett - abstain)
FINAL READING:
March 20, 2001
COMMENTS:
(None)
Agenda Memorandum
Ordinance authorizing and allowing under the Act Governing the Texas Municipal
Retirement System, "Updated Service Credits" in said System on an annual basis
for service performed by qualifying members of such System who at the effective
date of the allowance are in the employment of the City of Corpus Christi;
providing for increased prior and current service annuities for retirees and
beneficiaries of deceased retirees of the City; establishing an effective date for
the Ordinance; and providing for severance.
ISSUE: As part of the two-year negotiated collective bargaining agreement
between the City of Corpus Christi and the Corpus Christi Police Officers'
Association, the City has agreed to adopt an Ordinance authorizing the automatic
annual renewal of 50% of the increase in the Consumer Price Index for retirees
and beneficiaries of deceased retirees from December of the year immediately
preceding the effective date of retirement to the December that is 13 months
before the effective date of the retirement. As required by the TMRS Act, a
governing body may not authorize and provide for annuity increases unless it
simultaneously provides for updated service credits [Section 854.203, Subsection
(h)]. This Ordinance will automatically update service credits and annuity
adjustments annually based on an actuarially determined contribution rate
effective .January 1, 2002, and will continue until such time as it is discontinued
by the adoption of another ordinance by the City Council. This Ordinance applies
to all eligible City employees with the exception of Firefighters, who do not
participate in TMRS, but who have pension benefits through the Firemen's Relief
and Retirement Fund. See Attachment I for background information.
REQUIRED COUNCIL ACTION: City Council is requested to adopt this
Ordinance to enable implementation of the recently negotiated Police collective
bargaining agreement.
FUNDING: The annual actuarial study conducted by TMFLS will determine the ·
City's contribution rate effective January 1, 2002, and .]anuary I of each year
thereafter. The contribution rate will be incorporated into the upcoming budget
process for FY 2001-2002 and for each fiscal year thereafter. The City Council
will be advised of the contribution rate during each budgetary process. The
City's contribution rate will continue to be funded through individual
departments' budgets. The contribution rate effective January 1, 2001, was
included in the budget adopted for FY 2000-2001; therefore, adoption of this
Ordinance does not require additional funding for FY 2000-2001.
RECOMMENDATTON: Staff recommends that this Ordinance be adopted to
enable implementation of the provision recently negotiated in the Police
collective bargaining agreement.
Cyn(~ia C. Garcia
Director of Human Resources
Date
C:\My Documents~,~genda Items~TMRS repeating Ord council memo 3 01.doc
ATTACHMENT I
BACKGROUND INFORMATION:
Under the Texas Municipal Retirement System Act (TMRS) that governs TMRS,
the City's Contribution Rate is determined annually by the actuary for TMRS. The
Contribution Rate is composed of three components:
Normal Cost (the portion of the City's contribution rate that funds the
adopted matching ratio)
The Normal Cost Portion of the City's Contribution Rate is impacted by
turnover of employment of members, changes in the number of members,
changes in compensation, increased age of contributing members, and
increases due to the phase in of changes in actuarial assumptions
resulting from the 5-year experience study completed in 1998, and other
actuarial factors.
Prior Service (the portion of the rate for Prior Updated Service Credits; and
Annuity Increases)
The Prior Service Portion of the City's Contribution Rate is impacted by
changes in payroll experience and historical trends; actuarial gains or
Fosses (the difference between actual events compared to actuarial
assumptions); inconsistent contributions, increases due to phase-in of
changes in actuarial assumptions resulting from the 5-year experience
study completed in 1998, and other actuarial factors.
Retiree Annuity Adjustments (the portion based on a specific percentage
of the increase in the Consumer Price Index over a designated 12 month
period)
Since 1986 the City has designated 40% of the increase in the Consumer
Price Index for retiree annuity adjustments. Recent amendments to the
TMRS Act by the State Legislature revised the percentages available to
cities from between 30% and 70% in increments of 10%, to a choice of
either 30%, 50%, or 70%. In July 2000, the City Council increased the
adjustment from 40% to 50% of the increase in the Consumer Price
Index.
Updated Service Credit uses a member's average monthly salary over a
recent three-year period immediately prior to the study year, and recalculates
the member's retirement credit as if the member had always earned that
sala~ and made deposits, matched by the City, on the basis of that average
monthly salary.
DESCRIPTION OF TMRS RETIREMENT PLAN:
Employees (excluding Fireflghters) are covered by TMRS for pension benefits.
The City's program currently includes the following provisions:
An employee deposit rate of five per cent
Actuarially determined City contribution
Ten-year vesting
Survivor benefits for vested employees
Occupational disability retirement options
Military buy-back for vested employees
100% updated service credits
Increases adjusted to 50% of the change in the Consumer Price Index for
retirees
Prepared by the Human Resources Department
March 2001
C:LMy Documents~Agenda Items\TMRS repeating Ord council memo 3 01 .doc
AN ORDINANCE
ORDINANCE AUTHORIZING AND ALLOWING UNDER THE ACT
GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM~ "UPDATED
SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR
SERVICE PERFORMED BY (~UALIFYING MEMBERS OF SUCH SYSTEM
WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE
EMPLOYMENT OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR
INCREASED PR1~OR AND CURRENT SERVICE ANNUITIES FOR RETIREES
AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY;
ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE; AND
PROVIDING FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. Authorization of Updated Service Credits.
(a)
The terms and conditions set out in Sections 853.401 through 853.404 of Subtitle
G of ~tle 8, Government Code, as amended (hereinafter referred to as the
"TMRS Act'S, each member of the Texas Municipal Retirement System
(hereinafter referred to as the "System'~ who has current service credit or prior
service credit in the System in force and effect on the 1~ day of lanuary of the
calendar year preceding such allowance, by reason of service in the employment
of the City, and on such date had at least 36 months of credited service with the
System, shall be and is hereby allowed "Updated Service Credit" (as that term is
defined in subsection (d) of Section 853.402 of the TMRS Act).
(b)
The Updated Service Credit hereby allowed and provided for shall be 100% of
the "base Updated Service Credit" of the member (calculated as provided in
subsection (c) of Section 853.402 of the TMRS Act). If the City has previously
adopted, or if it hereafter adopts an ordinance authorizing Updated Service
Credit for unforfeited credit for prior service or current service with any other
participating municipality, the calculations and adjustments set forth in Section
853.601 of the TMRS Act shall apply to any such transferred service.
(c)
Each Updated Service Credit allowed hereunder shall replace any Updated
Service Credit, prior service credit, special prior service credit, or antecedent
service credit previously authorized for part of the same service.
Page 2 of 3
(d) In accordance with the provisions of subsection (d) of Section 853.401 of the
TMRS Act, the deposits required to be made to the System by employees of the
several participating departments on account of current service shall be
calculated from and after the effective date of this ordinance on the full amount
of such person's compensation as an employee of the City.
SECTION 2. Increase in Retirement Annuities.
(a)
On terms and conditions set out in Section 854.~203 of the TMRS Act, the
City hereby elects to allow and to provide for payment of the increases
below stated in monthly benefits payable by the System to retired
employees and to beneficiaries of deceased employees of the City under
current service annuities and service by such employees to the City. An
annuity increased under this Section replaces any annuity or increased
annuity previously granted to the same person.
(b)
The amount of the annuity increase under this Section is computed as the
sum of the prior service and current service annuities on the effective
date of retirement of the person on whose service the annuities are
based, multiplied by 50% of the percentage change in Consumer Price
Index for All Urban Consumers, from December of the year immediately
preceding the effective date of the person's retirement to the December
that is 13 months before the effective date of this Section.
(c)
An increase in an annuity that was reduced because of an option
selection is reducible in the same proportion and in the same manner that
the original annuity was reduced.
(d)
If a computation hereunder does not result in an increase in the amount
of an annuity, the amount of the annuity will not be changed hereunder.
(e)
The amount by which an increase under this Section exceeds all
previously granted increases to an annuitant is an obligation of the City
and of its account in the municipality accumulation fund of the System.
SECTION 3. Dates of Allowances and Increases.
The initial allowance of Updated Service Credit and increase in retirement annuities
hereunder shall be effective on January 1, 2002, subject to approval by the Board of
Trustees of the System. An allowance of Updated Service Credits and an increase in
retirement annuities shall be made hereunder on January 1 of each subsequent year ·
until this Ordinance ceases to be in effect under subsection (e) of Section 853.404 of the
TMRS Act, provided that, as to such subsequent year, the actuary for the System has
made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act.
Page 3 of 3
SECTION 4. Effective Date.
Subject to approval by the Board of Trustees of the System, this ordinance shall be and
become effective on the 1~t day of January 2002.
SECTZON 5. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this Ordinance shall be held invalid or unconstitutional by final
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 for its purpose.
ATTEST:
THE C/TY OF CORPUS CHRIST/
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED /)')q r~
Alex Lopez ~'
Assistant City Attorney
,2001, James R. Bray, Jr., City Attorney
Prepared by the Human Resources Department
March 2001
C:\My Documents~genda Items\TMRS Repeating Ordinance 3 01.doc
That the~ foregoin~ ordinance was read for the first time and passed to its second reading
on this the ~.~ay of f}/I-~l~F~'C[31 2001, 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
That the foregoing ordinance was read for the second time and passed finally on this the __
Day of ~ 2001, by the following vote:
Samuel L. Neal, Jr.
Rex A. Kinnison
Javier D. Colmenero
Betty Jean Longoria
Melody Cooper
John Longoria
Henry Garrett
Mark Scott
Dr. Arnold Gonzales
PASSED AND APPROVED this the __ Day of
,2001.
ATTEST:
Armandc~ Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
, 2001; JAMES R. BRAY, JR., CITY ATTORNEY
By:
Alex Lopez, Assistant City Attorney
11
ORDINANCE STATUS
AGENDAITEM:
1. Amending the Code of Ordinances, City of Corpus Christi, by revising Article Xll, Water
Conservation, of Chapter 55, Utilities, to establish automatics conservation measures,
to codify the rules governing drought contingencies and establishing permanent water
conservation measures, and to direct an operations plan for the reservoir system;
amending the Water Conservation and Drought Contingency Plan by deleting the
references to specific reservoir levels in Section 2.1 of the Drought Contingency Plan;
amending the Water Conservation and Drought Contingency Plan by repealing Section
2.2 of the Drought Contingency Plan; revising and clarifying other provisions of article
XII of Chapter 55; providing for penalties; providing for severance; and providing for
publication.
FIRST READING:
March t3, 2001
Passed: 8-0 (Rex Kinnison - absent)
FINAL READING:
March 20, 2001
COMMENTS:
(None)
CITY COUNCIL AGENDA MEMORANDUM
March 9, 2001
AGENDA ITEM:
(1) Resolution supporting "A Proposal for Implementing the Rincon Bayou Diversions and
Amending the 1995 Agreed Order on Freshwater Inflows to the Nueces'Estuary;" requesting the
Texas Natural Resource Conservation Commission to approve necessary amendments to the
1995 Agreed Order; and expressing appreciation for efforts of the Nueces Estuary Advisory
Council.
(2) Ordinance amending the Code of Ordinances, City of Corpus Christi, by revising Article XII,
Water Conservatiom of Chapter 55, Utilities, to establish automatic water conservation measures,
to codify the rules governing drought contingencies and establishing permanent water
conservation measures, and to direct an operations plan for the reservoir system; amending the
Water Conservation and Drought Contingency Plan by deleting the references to specific
reservoir levels in section 2.1 of the Drought Contingency Plan; amending the Water
Conservation and Drought Contingency Plan by repealing Section 2.2 of the Drought
Contingency Plan; revising and clarifying certain other provisions of Article XII of Chapter 55;
providing for penalties; providing for severance; and providing for publication.
(3) Motion authorizing the City Manager to retain HDR Engineering to provide engineering
services for design and bidding services related to re-opening the Rincon Overflow Channel at a
price not to exceed $40,000, to provide construction services for the Rincon Channel project at a
price to be negotiated, and to provide services related to construction of a pipeline from the
Calallen Reservoir to the Nueces Delta at a price to be negotiated.
ISSUE: Late last year the Council authorized staff to explore whether agreement could be
reached among the City and other interested parties for the City to re-open the channel to
continue the Rincon Project (proven environmentally beneficial to the Nueces Estuary by the
Bureau of Reclamation) in return for reduced pass-through requirements from the reservoir
system. The Nueces Estuary Advisory Council ("NEAC") met on the City's proposal and
appointed a Working Group to evaluate the proposal. The Working Group reached consensus on
the outlines of a modified proposal. The Council authorized staff to proceed to finalize an
amendment to the Agreed Order for pass-throughs consistent with the modified proposal.
Subsequent meetings with the Working Group fleshed out details of the Plan. On March 6, the
full NEAC considered that Plan and, after due deliberation, approved the proposal by consensus.
The Plan will economically supplement our water supply by increasing reservoir system firm
yield by 3,200 acre-feet annually. This will be accomplished by automatically reducing the
City's obligation to pass through water to 1,200 acre-feet when system storage is less than 40%
of capacity, and suspending the obligation entirely when supplies go below 30% of capacity.
This relief from pass-throughs will be effective immediately upon action by TNRCC and will
remain in effect if the City meets two specific deadlines noted below.
In consideration, the City will: I) reopen the Rincon Overflow channel by the end of this year, 2)
construct a pipeline and pumps to deliver up to 3,000 acre-feet per month of pass-throughs to the
Upper Nueces Delta by the end of 2002; and 3) implement a monitoring program to evaluate the
benefits. Capitol costs are estimated to be around $5.5 million. In addition, the City will
automatically implement conservation measures as follows: 1) when system supply goes below
50% of capacity, initiate enhanced communications to the public on water conservation and the
importance of estuaries, 2) when supply goes below 40%, prohibit outdoor watering of
vegetation from 10:00 a.m. to 6:00 p.m., and 3) when supply goes below 30%, prohibit lawn
watering more often than every five days.
The plan contemplates that the City will continue its present policy of maximum use of Lake
Texana water and operating the Lake Corpus Christi/Choke Canyon Reservoir System to
maximize system yield.
The Plan, as finalized, would have these benefits to the City:
1) It would increase firm yield at a reasonable cost per acre-foot.
2) The decision when to implement drought measures is left completely to the judgment
of future councils, prudently weighing all economic, human and other factors at that time.
3) The automatic measures at 50%, 40%, and 30% are targeted for demand reduction in
watering grass and plants, and are supportable as good, routine conservation measures.
4) The health of the Nueces Estuary would be enhanced, with consequent benefits to the
area.
Implementation of the Plan requires approval of the Texas Natural Resource Commission. A
meeting of that agency is being scheduled for April 4.
Two action items are submit'ted for Council approval. First is a resolution supporting the
proposal, requesting TNRCC approval, and expressing appreciation for NEAC's efforts. Second
is an ordinance enacting the automatic water conservation measures in the proposal, subject to
TNRCC approval. The ordinance also: a) removes references in the present water conservation
plan to specific reservoir levels corresponding to particular drought conditions (thus leaving
discretion as to implementation of any specific condition), b) continues operation of the reservoir
system to maximize water supply, with Lake Corpus Christi allowed to go down to 74 feet mean
sea level before releases from Choke, and c) codifies the water conservation plan for easier
reference and makes other clean-up and clarifying changes.
In order to meet the short timeline for the re-opening of the Rincon Overflow Channel, it is
necessary to immediately procure engineering services for the design and bid phase. HDR
Engineering has been previously hired to assist the Project and they are very knowledgeable of its
requirements. Their scope of services for the required design and bid phase is attached. The
services are proposed at a cost of $28.000 for the design phase and $12,000 for the bidding
phase.
Attached are: 1) the Resolution; 2) Exhibit A to the Resolution which is the final Proposal; 3)
Exhibit B to the Resolution which is proposed Amended Order which has been submitted to the
TNRCC; 4) maps, charts and graphs prepared by HDR Engineering related to the Proposal; 5) the
Ordinance; and 6) scope of services proposal of HDR Engineering.
RECOMMENDATION: Approval of resolution and ordinance as submitted.
Ron Mass~y,_A~sistan0tCity Manager
J~B4y BrayJ City Attor~y
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
BY REVISING ARTICLE XlI, WATER CONSERVATION, OF CHAPTER 55,
UTILITIES, TO ESTABLISH AUTOMATIC CONSERVATION MEASURES,
TO CODIFY THE RULES GOVERNING DROUGHT CONTINGENCIES AND
ESTABLISHING PERMANENT WATER CONSERVATION MEASURES,
AND TO DIRECT AN OPERATIONS PLAN FOR THE RESERVOIR
SYSTEM; AMENDING THE WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN BY DELETING THE REFERENCES TO SPECIFIC
RESERVOIR LEVELS IN SECTION 2.1 OF THE DROUGHT
CONTINGENCY PLAN; AMENDING THE WATER CONSERVATION AND
DROUGHT CONTINGENCY PLAN BY REPEALING SECTION 2.2 OF THE
DROUGHT CONTINGENCY PLAN; REVISING AND CLARIFYING OTHER
PROVISIONS OF ARTICLE Xll OF CHAPTER 55; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, on April 28, 1995, the Texas Natural Resource Conservation Commission
issued an Agreed Order amending the operational procedures and continuing an
Advisory council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21-
3214; and
WHEREAS, from 1995 to 1999 the United States Bureau of Reclamation operated the
Rincon Bayou Demonstration Project to evaluate the feasibility of increasing water
exchange between the Nueces river tidal segment and the Upper Rincon Bayou, and
the Bureau's Concluding Report documented positive effects on the Rincon Bayou and
upper Nueces River Delta; and
WHEREAS, the Rincon Bayou Demonstration Project and evidence from other studies
over the years suggested an opportunity to: (1) better manage the limited resources of
the Nueces river Basin for the benefit of the Nueces Estuary, and (2) at the same time
supplement municipal and industrial water supplies for the Corpus Christi area by
increasing the annual firm yield of the Lake Corpus Christi/Choke Canyon Reservoir
System; and
WHEREAS, on January 17, 2001, the City of Corpus Christi and the Nueces River
Authority presented a proposal to the Nueces Estuary Advisory Council to accomplish
said purposes of benefitting the estuary and increasing water supplies; and
WHEREAS, the Nueces Estuary Advisory Council ("NEAC")appointed a Working Group
to oversee development of a detailed implementation plan for the proposal, including ·
representatives of the City of Corpus Christi, the Nueces River Authority, the Coastal
Bend Bays and Estuaries Program; the Coastal Bend Bays Foundation, the Sierra Club,
the Center for Coastal Studies of Texas A&M University - Corpus Christi, Environmental
Defense, the Port Industries of Corpus Christi, and the Texas Parks and Wildlife
Department; and
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WHEREAS, after several meetings and much deliberation, the Working Group reached
consensus on an implementation plan for Rincon diversion and amendments to the
1995 Agreed Order; and
WHEREAS, on March 6, 2001, the full Nueces Estuary Advisory Council considered the
implementation plan developed by the Working Group and reached consensus in favor
of the plan; and
WHEREAS, the plan includes the automatic implementation of certain specified
conservation measures by the City of Corpus Christi and the contemporaneous
automatic reduction of the City's obligation to pass through certain quantities of water at
specified reservoir levels under the Agreed Order; and
WHEREAS, the implementation of other drought management measures is left to the
discretion of the City Council in light of circumstances existing at the time; and
WHEREAS, on motion of the City of Corpus Christi and the Nueces River Authority the
consensus plan is being presented to the Texas Natural Resource Conservation
Commission, requesting its approval for necessary amendments to the Agreed Order;
and
WHEREAS, the automatic conservation measures included in the NEAC consensus
plan should be assimilated into the City of Corpus Christi Conservation Plan, subject to
TNRCC approval of necessary changes to the Agreed Order; and
WHEREAS, portions of the existing City of Corpus Christi Drought Contingency Plan,
approved as Part 2.2 of the Water Conservation and Drought Contingency Plan for
Corpus Christi in City Code Section 55-156 (Ordinance No. 023740 - August 24, 1999),
should be codified for purposes of clarity and accessibility, and numbering and
clarification changes should be made to Part 2.1 of the Plan and to Article XII, Chapter
55 of the City Code of Ordinances.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Article Xll of Chapter 55, Utilities, is revised to read as follows:
ARTICLE Xll. WATER CONSERVATION
Sec. 55-150. Scope, purpose and authorization.
(a) Scope. There is hereby established a City of Corpus Christi Water Conservation
Plan.
(b) Declaration of policy.
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(1) It is hereby declared that the general welfare requires that the water
resources available to the city be put to the maximum beneficial use to the extent
to which they are capable, and that the waste or unreasonable use, or
unreasonable method of use of water be prevented, and the conservation of such
water is to be extended with a view to the reasonable and beneficial use thereof
in the interests of the people of the area served by the city's water resources and
for the public welfare.
(2) In making decisions under this article concerning the allocation of water
between conflicting interests, highest priority will be given to allocation necessary
to support human life and health; i.e., the minimum amount of water necessary
for drinking, prevention of disease, and the like. Second highest priority will be
given to allocations which will result in the least loss of employment to persons
whose income is essential to their families.
(c) Authorization. The City Manager, or his designee, upon the recommendation of the
.... Assistant City Manaqer, Public Works and Utilities, is hereby
authorized and directed to implement the applicable provisions of this article upon their
determination that such implementation is necessary to protect the public welfare and
safety.
Se~--~;-SE,='t56~. Sec. 55-151. Water conservation and drought contingency plan.
(a-)-The Water Conservation and Drought Contingency Plan for Corpus Christi, dated
August 24, 1999, a true copy of which is on file in the office of the city secretary, is
adopted, and shall be followed in matters concerning water conservation, drought
management, and water supply enhancement programs.
(b) The city manager shall pursue a water well leasing program to obtain and maintain
sufficient leased acreage to produce at least sixty million (60,000,000) gallons per day
of groundwater to supplement surface supplies, as needed.
Sec. 55-152. Automatic water conservation measures.
(a) When combined storaqe in the Choke Canyon/Lake Corpus Christi Reservoir
System ("Reservoir System Storaqe") falls below 50% of Reservoir System Storaqe
capacity, the City Manaqer shall issue a public notice informinq water users of th~,
Corpus Christi water supply reqion of voluntary conservation measures that arP,
requested immediately and required drouqht manaclement measures that must be taken
if the amount of water in the reservoirs falls to under 40% of Reservoir System StoraqP,
capacity and when the amount of water in the reservoirs falls to under 30% of Reservoir
System Storaqe capacity.
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(b) To the extent of the City's leqal authority, the City Manager shall require the City',~
wholesale customers to issue public notice advising their water customers of voluntary
conservation measures that are requested immediately and required drouqht
manaqement measures that must be taken if the amount of water in the reservoirs falls
to under 40% of the Reservoir System Storaqe capacity and when the amount of water
in the reservoirs falls to under 30% of the Reservoir System Storaqe capacity.
(c) As soon as practicable after the City Manaqer's determination that Reservoir System
Storaqe has fallen below 40% of Reservoir System Storaqe capacity, the City Manaqer
shall publish notice in a daily newspaper of qeneral circulation in Nueces County that
the amount of water in storaqe has fallen below 40% of Reservoir System Storaq~,
capacity. From the date of publication of the notice until the date the notice is rescinded
by the City Manaqer, no person may use water for irrigation of vegetation between the
hours or 10:00 a.m. and 6:00 p.m.
(d) It shall be a defense to prosecution of a violation under subsection(c) of this section
that the use of water was for one of the followinq purposes and the City Manaqer
specifically authorized the use of water for the purpose on the date of the violation:
(1) The water was used, at the minimum rate necessary, for the establishment
and maintenance of commercial nursery stock and applied using:
a. A hand held hose equipped with a positive shutoff nozzle.
b. A sprinkler system.
c. A drip irriqation system equipped with an automatic shutoff device.
d. A soaker hose, which does not spray water into the air, equipped with
an automatic shutoff device.
e. A root feeder equipped with an automatic shutoff device.
f. A hand held bucket or waterinq can.
(2) Wastewater treatment plant effluent, graywater, well water (which is not
mixed with any water from the City's water supply), or other water not obtained
from the City water system was used, if a permit was obtained from the City
Manaqer and a sign was posted statinq that the water used for irriqation is
wastewater effluent, qraywater, water from a permitted private well, or water that
was not obtained from the City's water supply.
(3) The water was used for short periods of time for testing related to the
installation, maintenance, and repair of sprinkler systems.
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(4) The water was used for irriqation of veqetation on a large parcel of land or
unique botanical institution, such as the Corpus Christi Botanical Gardens and
Blucher Nature Center, in conformance with a special waterinq plan, specifically
approved for that parcel by an official desiqnated by the City Manaqer. The
official approvinq any special waterinq plan shall ensure that the plan achieves
similar water conservation qoals to the mandatory conservation measures
applicable to other customers under this subsection.
(e) As soon as practicable after the City Manaqer's determination that the amount of
water in the reservoirs has fallen below 30% of Reservoir System Storaqe capacity, the
City Manager shall publish notice in a daily newspaper of qeneral cimulation in Nueces
County that the amount of water in reservoirs has fallen below 30% Reservoir System
storaqe capacity and publish a lawn waterinq plan that allows customers to water lawns
no more often than every five days, while maintaininq the prohibition on usinq water for
irriqation between 10:00 a.m. to 6:00 p.m.
(f') From the date of publication of the notice and plan, until the date the notice and plan
are rescinded by the City Manager, no person may use water for irrigation of a lawn,
except on a day lawn water is authorized under the lawn waterinq plan.
(g) It shall be a defense to prosecution of a violation under subsection (f') of this section
that the use of water was for one of the following purposes and the City Manaqer had
specifically authorized the use of water for the purpose on the date of the violation:
(1) The water was used, other than durinq the hours between 10:00 a.m. and
6:00 p.m., for irriqation, at the minimum rate necessary, for the establishment of
newly planted lawns within thirty (30) days of plantinq.
(2) Wastewater treatment plant effluent, graywater, well water (which is not
mixed with any water from the City's water supply), or other water not obtained
from the City water system was used, if a permit is obtained from the City
Manaqer and a siqn is posted statinq that the water used for irriqation is
wastewater effluent, qraywater, water from a permitted private well, or water that
was not obtained from the City's water supply.
(3) The water was used, other than during the hours between 10:00 a.m. and
6:00 P.m.. for irriqation, at the minimum rate necessary, for maintenance of qolf
course greens and tee boxes.
(4) The water was used for irriqation on a larqe parcel of land or unique botanical
institution, such as the Corpus Christi Botanical Gardens and Blucher Nature
Center, in conformance with a special waterinq plan, specifically approved for
that parcel by an official desiqnated by the City Manaqer. The official approvinq
any special waterinq plan shall ensure that the plan achieves similar water
conservation qoals to the mandatory conservation measures applicable to other
customers under this subsection.
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(h) This section shall only be effective at any time the City is entitled, under to Order of
the Texas Natural Resource Conservation Commission under Certificate of Adiudication
No. 21-3214, to (1) reduce tameted inflows of water to Nueces Bay to 1200 acre feet
when Reservoir System Storage falls below 40% of capacity, and 2) suspend targeted
inflows below 30% of capacity.
""" '~ "'-' "'~ ' ' U 153
...... r, .... ~,,.,..,. o..,...-~,.,o.,., .... o;o Sec. 55- . Water conse~ation
measures.
(a) The Assistant City Manager for Public Works and Utilities shall promulqate
quidelines, which shall set forth the criteria for determininq when a particular water
conservation staqe is to be implemented and terminated.
(1) The .quidelines shall be updated when, in the opinion of thc.-Bifect~ Assistant
City Manaqer for Public Works and Utilities, the conditions of the water system
have chanqed so as to necessitate such update.
(2) The quidelines shall be published and filed in the office of thc.-Birector-of
,.,,,,,,,~o. $~ $~,.t,,,,, 2.1 City Secretary.
(b) The use or withdrawal of water from the water supply system of the city for thc.
followin(~ ourposes or uses is hereby regulated during any period of water shortagc.
commencing with the promulgation of water conservation guidelines by the Biree~or-of
Assistant City Manaqer for Public Works and Utilities and implementation of same-the
guidelines by the City Manaqer and continuing until such water conservation measures
are no Ionqer deemed necessary by the City Manager in accordance with the
guidelines.
A-~-. (1__)_) Condition I -- Water Shortaqe Possibility.
a._:_Upon implementation by the City Manaqer, customers of the water
system of the City of Corpus Christi are requested throuqh the news
media announcements and utility bill inserts to voluntarily conserve and
limit their use of water and shall comply with the following restrictions on
the use of water for irrigation of veqetation. All municipal operations are
placed on mandatory conservation.
b. Water for irriqation of vegetation may be used only on such day or days
of each week, other than between the hours of 10:00 a.m. and 6:00 p.m.,
based on street numbers, as may be designated by the city manager, c:
However, any person may raise as a defense to prosecution for violation
of this section the fact that the use of water for the following purposes had
been soecifically authorized by the City Manaqer, if the City Manager had
actually authorized the use of water for that purpose on the date of the
violation:
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1. The water was used, other than durinq the hours between 10:00
a.m. and 6:00 p.m., for irrigation, at the minimum rate necessary,
for the establishment and maintenance of flower gardens,
veqetable qardens, fruit qardens, trees, and shrubs, or plants in
containers, and applied using:
i. A hand held hose equipped with a positive shutoff nozzle.
ii. A drip irrigation system equipped with an automatic
shutoff device.
iii. A soaker hose, which does not spray water into the air,
equipped with an automatic shutoff device.
iv. A root feeder equipped with an automatic shutoff device.
v. A hand held bucket or waterin,q can.
2. The water was used at any hour for irriqation, at the minimum
rate necessary, for the establishment and maintenance of
commercial nursery stock and applied using:
i. A hand held hose equipped with a positive shutoff nozzle.
ii. A sprinkler system.
iii. A drip irriqation system equipped with an automatic
shutoff device.
iv. A soaker hose, which does not spray water into the air,
equipped with an automatic shutoff device.
v. A root feeder equipped with an automatic shutoff device.
vi. A hand held bucket or watering can.
3. The water was used, other than durinq the hours between 10:00
am. and 6:00 p.m., for irriqation, at the minimum rate necessary, for
the establishment of newly planted lawns and plant materials within
thirty (30) days of plantinq. Water used for this purpose may be ·
applied by any means.
4. Wastewater treatment plant effluent, qraywater, well water
(which is not mixed with any water from the City's water supply), or
other water not obtained from the City water system was used, may
be used at any hour, if a permit is obtained from the City Manager
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and a sign is posted statinq that the water used for irriqation is
wastewater effluent, qraywater, water from a permitted private well,
or water that was not obtained from the City's water supply.
5. The water was used, other than durinq the hours between 10:00
a.m. and 6:00 p.m., for irriqation, at the minimum rate necessary,
for maintenance, of golf course qreens and tee boxes.
6. The water was used at any hour for short periods of time for
testing related to the installation, maintenance, and repair of
sprinkler systems.
7. The water was used for irrigation of veqetation on a large parcel
of land or unique botanical institutions, such as the Corpus Christi
Botanical Gardens and Blucher Nature Center, in conformance with
a special waterinq plan, specifically approved for that parcel by an
official desiqnated by the City Manager. The official approving any
special watering plan shall ensure that the plan achieves similar
water conservation goals to the mandatory conservation measures
applicable to other customers under this section.
c_.~_ln the event the premises have no number, application shall be made
to the city building official for the assiqnment of a number to such
premises and such premises shall thereafter bear the number so
assigned. Such day or days may be chan.qed by further directive of the
city manager. In the event any premises do not have a number at the time
of the occurrence of any violation under this article, the premises shall b~.
in the cateqory of premises with street numbers endinq in zero. Ne
person or customer shall cause or permit water to run or waste in any
gutter or otherwise.
[3. (2__)_Condition II - Water Shortaqe Watch
a~. Upon implementation by the City Manager, and publication of notice,
the followinq restrictions shall apply to all persons and the withdrawal of
water from the system (potable water) for the followinq purposes or uses
is hereby prohibited. The City Manacler, in the exercise of his discretion
based upon guidelines established by the Assistant City Manqer for
Birecto~H~Y~-Works and Utilities, may implement any or all of those
elements of Condition II as are deemed necessary at any particular time;
All elements of Condition I shall remain in effect in Condition II.
1. The sprinkling or waterinq of veqetation is prohibited; provided,
however, the City Manaqer may authorize waterinq of veqetation as
follows:
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i. The watering of trees; shrubbery; annual, biennial or
perennial plants; vines; qardens; vegetables and flowers with
potable water may be permitted, at the minimum rate
necessary for the maintenance of plants, throuqh the means
of a hand held hose equipped with a positive shutoff nozzle,
a drip irrigation system, a root feeder equipped with an
automatic shutoff device, a soaker hose, which does not
spray water into the air and is equipped with an automatic,
shutoff device, a hand held bucket or watering can, or a
sprinkler system which is either attended throughout its use
or is e(~uiooed with automatic shutoff. When authorized,
such waterinq shall be done only on even number days for
premises with an even number street address, and on odd
number days for premises with an odd number street
address or without a numbered address. When such
watering is authorized during the Daylight Savin.qs Time
period of the year, it shall be permitted only between the
hours of 6 a.m. and 9 a.m. and between the hours of 6 p.m.
and 9 p.m.
ii. The watering of lawns with potable water may be
permitted once every other week on the watering day,~
desiqnated by the City Manaqer, based on the street
number, except between the hours of 10:00 a.m. and 6:0(3
p.m., throuqh the means of a hand held hose equipped with
a positive shutoff nozzle, a drip irrigation system, a hand
held bucket or waterinq can, or a sprinkler system which is
either attended threuqhout its use or is equipped with an
automatic shutoff.
iii. Commercial nurseries shall be excepted from the
prohibition of this subparagraph and shall be permitted to
water nursery stock with potable water, at the minimum rate
necessary to establish and maintain commercial nursery
stock, by means of a hand held hose equipped with a
positive shutoff nozzle, a drip irriqation system, a root feeder
equipped with an automatic shutoff device, a soaker hose,
which does not spray water into the air and is equipped with
an automatic shutoff device, a hand held bucket or watering
can, or a sprinkler system which is attended throuqhout its
use, is equipped with an automatic shutoff or recaptures and
recirculates irriqation water.
iv. The watering of new lawns and plant materials with
potable water, at the minimum rate necessary for the
establishment of the newly planted veqetation, may be
10
permitted within 30 days of plantinq, at any time other than
between the hours of 10:00 a.m. and 6:00 p.m., by any
means. However, only the newly planted areas may b~,
watered at times not authorized under subdivisions (i) and
(ii) of this subsection.
v. The allowing of water to run off yards or plants intn
gutters or streets shall be deemed a waste of water and is
prohibited.
2. The washin.q of automobiles, trucks, trailers, boats, airplanes and any
other type of mobile equipment is prohibited, except that individuals and
filling stations may wash cars or boats if they use a bucket, pail, or other
receptacles not larqer than of 5 qallon capacity; however, an individual or
fillinq station, before or after such washinq, shall be permitted to rinse the
car or boat off with a hose using only a reasonable amount of water in so
doinq. Commercial or automatic car wash establishment shall use
minimum practical water settings.
3. The washinq of buildinq exteriors and interiors, trailers, trailer houses
and railroad cars with potable water is prohibited, except by a professional
power washinq contractor or that in the interest of public health the
Director of Public Health may permit limited use of the water as the case
may be, includinq allowinq the use of water for the removal of graffiti.
4. The permittinq or maintaininq of defective plumbinq in a home,
business establishment or any location where water is used on the
premises. The permitting of the wasting of any water by reason of
defective plumbinq as hereinabove mentioned shall include the existence
of out-of-repair water closets, underqround leaks, defective faucets and
taps. The permitting of water to flow constantly throuqh a tap, hydrant,
valve or otherwise by any user of water connected to the City system,
shall be considered as a wasting of water and prohibited by this plan.
5. The use of fire hydrants for any purpose other than firefighting is
prohibited; except that the City Manaqer may permit the use of metered
fire hydrant water by the City or by commercial operators using jet rodding
e(~uipment to clear and clean sanitary and storm sewers.
6. The use of potable water in ornamental fountains or in artificial
waterfalls is prohibited where the water is not reused or recirculated in any
manner.
7. The use of potable water to wash down any sidewalks, walkways,
driveways, parking lots, tennis courts, or other hard-surfaced area, or
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buildinq or structure, except by a professional power washing contractor,
is prohibited.
8. The use of potable water for dust control is prohibited.
9. The use of potable water by a qolf course to irriqate any portion of its
grounds is prohibited, except those areas designated as tees and qreens
may be watered between the hours of 6 a.m. and 10 a.m. on Mondays,
Wednesdays. Fridays, and Sundays.
10. Any use of water for the purposes or in a manner prohibited in this
plan shall be deemed to be a waste of water and any person violating any
of the provisions of this plan and any person in whose name a water meter
connection is reqistered :,n the Depr.,-tr-,,ent of Pub',:,c Ut:,',~,t~s with the
Utilities Billing Office, which water connection serves premises upon which
a violation occurs, and proof that the particular premises have a water
meter connection registered in the name of the defendant named in the
complaint, shall constitute in evidence a prima facie presumption that the
person in whom such water connection was registered was the person
who permitted or caused the act of waste charged to occur on the
premises.
11. Concurrently with the implementation of Condition II, the City Council
shall appoint an Allocation and Review Committee, as hereinafter
provided, for the purpose of reviewinq water conservation policies and
establishing exemptions. See Section 2.2.4.
C. (3__)_) Condition III - Water Shortaqe Warninq
a~. Upon implementation by the City Manaqer and publication of notice,
the following restrictions shall apply to all persons. The City Manager, in
the exercise of his discretion based upon quidelines established by the
D:,r~ct~r ~f ,"ub',ic Uti',:,tle~ Assistant City Manaqer for Public Works and
Utilities1 may implement any or all of those elements of Condition III as are
deemed necessary at any particular time. All elements of Condition Il
shall remain in effect in Condition III.
1. New service connections to the City's water system are
prohibited where some other source independent of the City's water
system is existing and in use at the time this element of Condition.
III is implemented.
2. A mandatory limit of normal water use by customers without use
penalty, in amounts as determined by the City Manager in
accordance with guidelines established by the City Council.
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3. In connection with the enforcement of subsection 2, the City
Council shall establish a maximum limit beyond which water servicP,
will be terminated.
4. The use of water to serve a customer in a restaurant, unles.~
requested by the customer, is prohibited.
5. The use of potable water (water obtained from the City's water
utility) for scenic and recreational ponds and lakes is prohibited.
6. The use of potable water to put new aqricultural land into
production is prohibited.
D. (4._}_) Condition IV - Water Shorta.qe Emerqency
a__.Upon implementation by the City Mana.qer and publication of notice,
the followinq restrictions shall apply to all persons. The City Manaqer, in
the exercise of his discretion based upon quidelines established by th~,
~Assistant City Manaqer of Public Works and Utilities, may
implement any or all of those elements of Condition IV as are deemed
necessary at any particular time. All elements of Condition III shall remain
in effect in Condition IV.
1. No applications for new, additional, further expanded, or
increased-in-size water service connections, meters, service lines,
pipeline extensions, mains, or other water service facilities of any
kind shall be allowed, approved, or installed except as approved by
the Allocation and Review Committee.
2. All allocations of water use to industrial and commercial
customers in amounts as established after consultation with the
Allocation and Review Committee.
3. The maximum monthly use for a residential customer be
established with revised rate schedules and penalties by the City
Council on recommendation by the Allocation and Review
Committee:
4. The City Council and City Manaqer sha take those action,~
deemed necessary to meet the conditions resultinq from the
emerqency.
2.~..4 Sec. 55-154. Allocation and Review Committee, establishment.
composition, powers, and duties.
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(a) The Allocation and Review Committee shall be composed of six (6) members, the
Assistant City Manager for ~Public Works and Utilities, the Director of Public,
Health, a representative of industry, a representative of business and commerce, a
homemaker-citizen, and a citizen of the city.
(1) The industry, business, homemaker, and citizen members shall be appointed
by the Mayor and Council and shall serve at the pleasure of the City Council.
(2) In addition, six (6) alternate members shall be appointed. Each alternate
shall serve in place of his/her respective reqular Committee member whenever
that regular Committee member is unavailable to participate.
(3) The City Manager shall appoint alternates for the Assistant City Manqer for
Bifeetor-~f-Public Works and Utilities and the Director of Public Health.
(4) The Mayor and Council shall appoint alternates for the industry, business,
homemaker, and citizen members of the Committee. Alternates appointed shall
have qualifications similar to those of their respective reqular member.
(5) An alternate servinq in place of a regular Committee member shall exercise
the same powers and have the same duties as a reqular member.
(b) The Committee shall consider requests of water users for special consideration to b~.
given as to their respective particular circumstances and the Committee shall hear and
decide such requests and is hereby authorized to, in special cases, qrant such varianr.~
from the terms of this plan as will not be contrary to the public interest, where, owing tn
special conditions, a literal enforcement of the previsions of this plan will result in
unnecessary hardship, and so that the spirit of this plan shall be observed and
substantial iustice done.
(1) Should a permit for special exception be qranted by such Committee, it shall
be in effect from the time of qranting; provided, that the permit is prominently
posted on the premises within two (2) feet of the street number located on the
premises.
(2) Should protest be received after the granting of any such special permit, the.
Committee shall consider the revocation of such permit and shall reconsider the
grantinq of such permit at a public hearinq, notice of which shall have been given
at least one (1) day prior to the holding of such hearing.
(3) After the conclusion of such hearing, the Committee shall take such action by
way of revocation of such permit, or refusal to revoke the same, or modification
of such permit as the Committee may deem proper under the circumstances.
?.-".$ Sec. 55-155. Violations, penalties, and enforcement.
R13717A5.wpd
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A---(a) Any person violatin.q any provision of this Article shall be deemed quilty of a
misdemeanor and, upon conviction, shall be punished by a fine as provided in Section
1-6 of this Code.
(b) The commission of a violation of each provision, and each separate violation thereof,
shall be deemed a separate offense, in and upon conviction thereof, shall be fined as
hereinabove provided.
(c) lf any person or a second person in the same household or premises, is found guilty
of a second violation of this plan, the Director of F'ub',:,¢ Ut:,l:,t[es Water Superintendent
shall be authorized to discontinue water service to the premises where such violation
occurs.
B. (d) Any police officer, or other city employee desiqnated by the city manaqer, may
issue a citation to a person he reasonably believes to be in violation of this article.
(e) The citation shall be prepared in duplicate and shall contain the name and address
of the alleged violator, if known, the offense charqed, and shall direct him to appear in
the Corpus Christi Municipal Court no sooner than ten (10) days and no later than
twenty one (21) days of service of the citation.
(1) The alleqed violator shall be requested to siqn the citation, and shall be
served a copy of the citation.
(2) Service of the citation shall be complete upon the attempt to give it to the
alleqed violator, to an agent or employee of a violator, or to a person over
fourteen (14) years of age who is a member of the violator's immediate family or
is a resident at the violator's residence.
(f) The alle.qed violator shall appear in municipal court to make his plea no sooner than
ten (10) days and no later than twenty one (21) days of service of the citation, and
failure to so appear shall be a violation of this article.
(q) A police officer may arrest for any offense under this article where permitted by state
arrest law.
(h) Cases filed under this section shall be expedited and qiven preferential settinq in
municipal court before all other cases.
C. (i) A person in apparent control of the property where the violation occurs or
originates shall be presumed to be the violator, and proof of facts showinq apparent
control by such person of the premises and proof that the violation occurred on the
premises shall constitute prima facie evidence that said person committed the violation,
but said person shall have the right to show that he did not commit the violation.
R13717A5,wpd
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(i)__Anv oerson whose name is on file with the Utilities Billinq Office Bepaffmerff-as the
customer on the water account for the property where the violation occurs or oriqinate,~
shall be presumed to be the violator, and proof that the violation occurred on said
premises shall constitute prima facie evidence that the customer committed th~.
violation, but said customer shall have the riqht to show that he did not commit the
violation.
(k) Parents shall be presumed to be responsible for violations of their minor children,
and proof that a child committed a violation on property within the parent' s control shall
constitute prima facie evidence that said parent committed the violation, but said parent
may be excused if he proves that he had previously directed the child not to use th~.
water as it was used in the violation and that the parent could not have reasonably
known of the violation.
~Sec. 55-155. Surcharges and termination of service.
A-:-. (a) General.
(1__)_) This section is provided to implement and enforce the mandatory limits on
water usaqe called for in Condition III and IV of this drouqht continqency plan.
(2) The surcharges estab shed herein are solely intended to requlate and deter
the use of water during a period of serious drouqht in order to achieve necessary
water conservation.
(3) The City Council expressly finds that the dreuqht poses a serious and
immediate threat to the public and economic health and general welfare of this
community, and that the surcharqes and other measures adopted herein are
essential to protect said public health and welfare.
(4) This section, and the surcharqes and measures adopted herein are purely an
exercise of the City's requlatory and police power, and the surcharqes and
connection fees herein are in no way to be considered rates for production of
revenue.
(5) AIl monies collected from surcharqes shall be placed in a special fund to be
used for research and development of alternative or expanded water sources for
the City of Corpus Christi and its water customers.
B. (b) Residential water customers, who are not billed throuqh a master water meter.
(1) Residential water customers, who are billed throuqh a master water meter,
shall pay the following surcharqes:
1. a_~_$5.00 for the first 1,000 qallons over allocation.
R13717A5.wpd
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2. b_=_$8.00 for the second 11000 qallons over allocation.
3. c.~_.$16.00 for the third 1,000 qallons over allocation.
4. d__. $40.00 for each additional 1,000 qallons over allocation.
e. The surcharqes shall be cumulative.
(2} When the combined reservoir capacity is less than 20% of total capacity, the
allocation to residential customers shall be as follows:
Persons Per Household Gallons Per Month
I or 2 6,000
3 or 4 7,000
5 or 6 8,000
7 or 8 9,000
9 or 10 10,000
11 or more 12,000
(3) In this subsection:
"Household" means the residential premises served by the customer's
meter.
"Persons per household" includes only those persons currently physically
residinq at the premises and expected to reside there for the entire billinq
period.
(4) Size of households.
a. It shall be assumed that a particular customer's household is
comprised of two (2) persons unless the customer notifies the City of a
greater number, on a form prescribed by the City Manager.
1_:_The City Manaqer shall qive his best effort to see that such
forms are mailed to every residential customer.
2~lf, however, a customer does not receive such a form, it shall be
the customer's responsibility to .qo to the City's ,~;;b',i¢ Utility Billin_____~q
R13717AS.wpd
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Office and siqn the form if the customer desires to claim more than
two (2) persons.
3_~._New customers may claim more persons at the time of appl¥inq
for their water service on the form prescribed by the Cify Manager.
__4. When the number of persons in a household increases so as to
place the customer in a different cateqory, the customer may notify
the City of the chanqe on such form, and the chanqe will be
implemented in the next practicable billing period.
5~.lf the number of persons in a household is reduced, the
customer shall notify the City in writinq within two days.
6~.ln prescribinq the method for claiminq more than two (2)
persons, the City Manaqer shall adopt methods to insure the
accuracy of the claim.
7.__Any person who knowinqly, recklessly, or with criminal
ne.qliclence falsely reports the number of persons in a household or
fails to timely notify the City of a reduction in the number of persons
in a household shall be fined not less than $200.
C. (c) Residential customers who are billed from a master water meter.
(1) VVhen the combined reservoir capacity is less than 20% of total capacity, a
residential customer billed from a master water meter, which jointly measures
water to multiple permanent residential dwelling units-(for example, apartments,
mobile homes),_ shall be allocated 6,000 qallons for each dwellinq unit.
(2) Number of dwelling units assigned to a master water meter.
a. It shall be assumed that such a customer's meter serves two dwelling
units unless the customer notifies the City of a qreater number, on a form
prescribed by the City Manaqer.
b. The City Manaqer shall give his best effort to see that such forms are
mailed to every such customer.
c__lf, however, such customer does not receive such a form, it shall be the
customer's responsibility to qo to the City's Public-Utility Billing Office and
sign the form if the customer desires to claim more than two dwellinqs.
d. A dwellinq unit may be claimed under this provision whether it is
occuoied or not. New customers may claim more dwellinq units at the
R13717A5.wpd
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time of applyinq for their water service on the form prescribed by the City
Manager.
e~.lf the number of dwellin.q units served by a master meter is reduced,
the customer shall notify the City in writinq w th n two days.
__f. In prescribing the method for claiminq more than two dwellinq units, the
City Manaqer shall adopt methods to insure the accuracy of the claim.
q. Any person who knowinqly, recklessly, or with criminal neqliqence
falsely reports the number of dwelling units on a meter or fails to notify the
City of a reduction in the number of dwelling units on a meter shall be
fined not less than$200.
(3) In this subsection, "person" includes individuals, partnerships, associations,
corporations, and all other leqal entities.
(4) Residential customers billed from a master meter under this provision shall
pay the following monthly surchar.qes
$5.00 for each 1,000 qallons over allocation u~ throuqh 1,000
gallons for each dwellinq unit.
$8.00, thereafter, for each additional 1,000 qallons over allocation
up throuqh a second 1,000 qallons for each dwellinq unit.
$16.00, thereafter, for each additional 1,000 .qallons over allocation
up throuqh a third 1,000 qallons for each dwellinq unit.
4~ $40.00, thereafter, for each additional 1,000 qallons over allocation.
Examples of applications of the surcharqe formula are as follows:
Apartment comp/ex contains 100 units. A/location is 600,000
gallons (hypotheticall¥):
Usage is 610,000 qallons. Surcharqe is $50.00, computed
as follows: 10 thousands of qallons at $5.00 each.
Usaqe is 710,000 gallons. Surcharqe is $580, computed as
follows: 100 thousands of qallons at $5.00 each plus 10
thousands of qallons at $8. O0 each.
Usaqe is 910,000 qallons. Surcharqe is $3,300, computed
as follows: 100 thousands of qallons at $5.00 each, plu.s
100 thousands of qallons at $8.00 each, plus 100 thousand,~
R13717AS,wpd
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of qallons at $16.00 each, plus 10 thousands of qallons at
$40. O0 each.
D. (d) Nonresidential commercial customer, other than an industrial customer, who
uses water for processing.
(1)A monthly water usaqe allocation shall be established by the City Manaqer or
his desiqnee for each nonresidential commercial customer, other than an
industrial customer, who uses water for processing.
(2) Method of establishinq allocation.
a.~When the combined reservoir capacity is less than 20% of total
capacity, the nonresidential commercial customer's allocation shall be
approximately 75 percent of the customer' s usaqe for the correspondinq
month's billinq period for-the-during previous 12 months.
b._~_lf the customer's billing histor~ is shorter than 12 months, the monthly
average for the period for which there is a record shall be used for any
monthly period for which no history exists.
c.__Provided, however, a customer, 75 percent of whose monthly usage i,~
less than 6,000 qallons, shall be allocated 6,000 qallons.
d._._The City Manager shall qive his best effort to see that notice of each
nonresidential commercial customer's allocation is mailed to such
customer.
e~. If, however, the customer does not receive such notice, it shall be the
customer's responsibility to contact the City' Utilities Billing Office to
determine the allocation, and the allocation shall be fully effective
notwithstandinq lack of receipt of written notice.
f.__Upon request of the customer or at the initiative of the City Manaqer,
the allocation may be reduced or increased,
(1) if the desiqnated period does not accurately reflect the
customer's normal water usage,
(2) if one nonresidential customer aqrees to transfer part of its
allocation to another nonresidential customer, or
(3) if other objective evidence demonstrates that the desiqnated
allocation is inaccurate under present conditions.
R13717A5.wpd
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g.A customer may appeal an allocation established hereunder to the
Water Allocation and Review Committee on qrounds of unnecessary
hardship.
E. (e) Industrial customers, who use water for processinq.
(1) A monthly water usaqe allocation shall be established by the City Manaqer or
his desiqnee for each an industrial customer, which uses water for processing
(e..q., an industrial customer).
(2) Method of establishinq allocation.
a__. VVhen the combined reservoir capacity is less than 20% of total
capacity, the industrial customer allocation shall be 90 percent of the
customer' s water usaqe baseline.
b__.Three months after the initial imposition of the allocation for industrial
customers, the industrial customer's allocation shall be further reduced to
85% of the customer's water usaqe baseline.
c._~The customer's water usaqe baseline will be computed on the averaq~,
water usaqe for the thirty six month period endinq prior to the date of
implementation of Condition II.
d__.lf the customer's billinq history is shorter than 36 months, the monthly
averaqe for the period for which there is a record shall be used for any
monthly period for which no history exists.
e. The City Manager sha give his best effort to see that notice of each
industrial customer's allocation is mailed to such customer.
f.__lf, however, the customer does not receive such notice, it shall be the
customer's responsibility to contact the City Utilities Bill nq Office to
determine the allocation, and the allocation shall be fully effective
notwithstandinq lack of receipt of written notice.
.q. Upon request of the customer or at the initiative of the City Manager,
the allocation may be reduced or increased, if:
1. The desiqnated period does not accurately reflect the
customer's normal water usaqe because customer had shutdown a
major processinq unit for overhaul durinq the period.
2. The customer has added or is in the process of adding
sign flcant additional processing capac ty Only additional capacity
R13717AS.wpd
21
that was under contract and publicly announced prior to the
implementation of Condition II should be considered.
3. The customer has shutdown or siqnificantly reduced the.
production of a major processinq unit.
4. The customer has previously implemented siqnificant permanent
water conservation measures.
5. The customer aqrees to transfer part of its allocation to another
industrial customer.
6. Other obiective evidence demonstrates that the desiqnated
allocation is inaccurate under present conditions.
h~.A customer may appeal an allocation established under this provision
to the Water Allocation and Review Committee on qrounds of
unnecessary hardship.
I-. (t')Nonresidential commercial and industrial customers shall pay the followinq
surcharqes:
(1) Customers whose allocation is 6,000 qallons throuqh 20,000 qallons per
month:
a. $5.00 per 1,000 qallons for the first 1,000 qallons over allocation.
b. $8.00 per 1,000 qallons for the second 1,000 qallons over allocation.
c. $16.00 per 1,000 qallons for the third 1,000 qa ons over allocation.
d. $40.00 for each additional 1,000 .qallons over allocation.
e. The surcharqes sha be cumulative.
2_.~. Customers whose allocation is 21,000 qallons per month or more:
a. One times the block rate for each 1,000 qallons in excess of the
allocation up through 5 percent above allocation.
b. Three times the block rate for each 1,000 qallons from 5 percent
through 10 percent above allocation.
c. Five times the block rate for each 1,000 qallons from 10 percent
throuqh 15 percent above allocation.
R13717A5.wpd
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d. Ten times the block rate for each 1,000 qallons more than 15 percent
above allocation.
e. The surcharges shall be cumulative.
f. As used herein, "block rate" means the charqe to the customer per
1,000 .qallons at the reqular water rate schedule at the level of th~,
customer's allocation.
C. (q) Nonresidential customer is billed from a master meter.
(1) VVhen a nonresidential customer is billed from a master meter which jointly
measures water to multiple residential dwellinq units (for example: apartments,
mobile homes), the customer may pass alonq any surcharqes assessed under
this plan to the tenants or occupants, provided that:
1. a~. The customer notifies each tenant in writinq:
.a:-l._~_That the surcharqe will be passed alonq.
b. 2.__How the surcharqe will be apportioned.
c. 3. That the landlord must be notified immediately of any
plumbing leaks.
.d:-4. Of methods to conserve water (which shall be obtained from
the City).
2. b~. The customer diliqently maintains the plumbinq system to prevent
leaks.
3.__c- The customer installs water savinq devices and measures (ideas for
which are available from the City) to the extent reasonable and practical
under the circumstances.
d~. The surcharqe shall be passed alonq, where permissible, to dwellinq
units in proportion to the rent or price char.qed for each dwellinq unit.
I I. h.(_~_Water service to the customer may be terminated under the followinq conditions:
(1) Monthly residential water usaqe exceeds allocation by 4,000 gallons or more
two or more times (which need not be consecutive months).
(2) Monthly water usaqe on a master meter which jointly measures water usaqe
to multiple residential dwellinq units exceeds allocation by 4,000 gallons times
R13717A5.wpd
23
the number of dwellinq units or more two or more times (which need not be
consecutive months).
(3) Monthly nonresidential water usage for a customer whose allocation is 6,000
gallons through 20,000 qallons exceeds its allocation by 7.000 gallons or mom.
two or more times (which need not be consecutive months).
(4) Monthly nonresidential water usaqe for a customer whose allocation is 21,000
gallons or more exceeds its allocation by 15 percent or more two or more times
(which need not be consecutive months).
(5) For residential customers and nonresidential customers whose allocation
does not exceed 20,000 qallons, after the first disconnection water service shall
be restored upon request for a fee of $50.
(6) For such customers, after the second disconnection, water service shall be
restored within 24 hours of the request for a fee of $500.
(7) If water service is disconnected a third time for such customer, water service
shall not be restored until the City re-enters a level of water conservation less
than Condition III.
(8) For master meter customers, the service restoration fees shall be the same
as above times the number of dwelling units.
(9) For nonresidential customers whose allocation is 21,000 gallons per month or
more.
a. After the first disconnection water service shall be restored upon
re(3uest for a fee in the amount of "X" in the following formula:
$ 50 x Customer's Allocation in gallons
20,000 gallons
b. After the second disconnection for said customers, water service shall
be restored within 24 hours of the request for a fee of 10 times "X".
c. If water service is disconnected a third time for such customer, water
service shall not be restored until the City re-enters a level of water
conservation less than Condition III.
d. The City Manager is directed to institute written guidelines for
disconnection of water service under this provision which will satisfy
minimum due process requirements, if any.
R13717A5.wpd
24
.E-(I) It shall be a defense to imposition of a surcharqe hereunder, or to termination of
service, that water used over allocation resulted from loss of water through no fault of
the customer (for example, a major water line break).
(1) The customer shall have the burden to prove such defense by objective.
evidence (for example, a written certification of the circumstances by a plumber).
(2) A sworn statement may be required of the customer.
(3) This defense shall not apply if the customer failed to take reasonable steps
for upkeep of the plumbinq system, failed to reasonably inspect the system and
discover the leak, failed to take immediate steps to correct the leak after
discovered, or was in any other way neqligent in causinq or permitting the loss of
water.
.-J:-(j) When this section refers to allocation or water usaqe periods as "month,"
"monthly," "billing period," and the like, such references shall mean the period in thc
City's ordinary billing cycle which commences with the readinq of a meter one month
and commences with the next readinq of that meter which is usually the next month.
(1) The qoal for the lenqth of such period is 30 days, but a variance of two days,
more or less, will necessarily exist as to particular meters.
(2) If a meter reader is prevented from timely readinq a meter by a doq or any
other obstacle which is attributable to the customer, the original allocation shall
apply to the longer period without modification.
-".2.7 Sec. 55-156. Effluent distribution; permit and regulations.
A-:-. (a) Upon implementation of the City of Corpus Christi Water Conservation Plan as
provided in this section, the City may make available effluent water discharqed from its
sewage treatment plants for the purpose of watering lawns, qrass, and other plants,
dust control and similar uses.
(1) Such effluent water shall be made available only under the terms and
conditions herein provided and only to such persons as are duly permitted as
distributors as provided in this section.
(2) The City shall be under no obliqation to provide such effluent and reserves
the right to discontinue such service at any time and to limit the volume and to
establish or alter Ioadinq procedures and/or locations as necessary for the
efficient administration of the Wastewater Division.
D. (b) No Effluent Distribution Permit shall be issued except upon application filed with
the Wastewater Division of the City. Every such application shall contain the following
information:
R13717AS.wpd
25
(1) Name of applicant.
(2) Name of authorized representative (e.g. president of corporation; partner;
etc.) if aoolicant is other than an individual.
(3) Business address and phone number.
(4) Residence address and phone number of authorized individual
representative.
(5) Description of each vehicle and container unit to be used in the transportation
or distribution of effluent water, including the make, year, model, type, weiqht and
gross vehicle weiqht, container capacity in gallons, vehicle reqistration number,
and the State safety inspection certificate number and expiration date.
(6) Names and driver's license number of every proposed driver of such vehicles.
(7) Statement of previous use of container units and any proposed use after or
concurrently with such units use for effluent distribution.
(8) Statement of the proposed uses of any effluent water, including whether the
use is proposed for residential, commercial, or industrial purpose.
C. (c) Upon the filing of the required application, and payment of the permit fee
specified herein for each container unit, the Wastewater Superintendent, or the
Superintendent's designee, shall upon his determination that the applicant and vehicles
and container units are in compliance with all applicable provisions of this article, issuP.
a permit for each such container unit.
(1) The permit shall identify the particular unit for which it is issued and shall b~.
displayed in a prominent place upon the unit.
(2) Each unit shall be separately permitted.
D. (d) The Permit Fee shall be fifty dollars ($50.00) per month for each unit plus five
dollars ($5) per month for each unit per 1,000 gallons of capacity (or portion thereof)
over the first 1,000 gallons of capacity.
(e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee
proration shall be on a monthly basis.
E. (f) Notwithstanding subsection (q) of this section, a resident of the City of Corpus
Christi may obtain effluent at no charge from a wastewater treatment plant, designated
by the Wastewater Superintendent, for the irriqation of vegetation, dust control, or
waterinq a foundation at the individual's personal residence.
R13717A5.wpd
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(1) Any effluent received under this subsection may not be sold or transferred tn
another individual or used for commercial purposes.
1.__a- Before receivinq effluent the resident must obtain a permit from the
Wastewater Superintendent, or the Superintendent's desiqnee.
2. b.__Prior to receivinq a permit, the resident must complete a course of
instruction on the handlinq of wastewater effluent that has been developed
by the City's Health Department.
3. _._Any container used to receive and transport effluent must have a lid
or cap, be watertiqht, and be properly secured to the vehicle.
d._~AII containers are subiect to inspection and approval of the City Health
Department or Wastewater Department.
4. e._._Any effluent received under this subsection must be immediately
transported to the personal residence of the individual receiving the
effluent and used for the irriqation of veqetation, dust control, or waterinq a
foundation.
f..:_The effluent may not be stored for future use.
5..q.A resident using effluent for the irriqation of veqetation or dust
control must post a sign on the property leg b e from the street statinq that
effluent is beinq used on the property.
(~. h. Every resident obtaininq effluent under this subsection must either:
.a;-l_~_Provide proof of and maintain in force a property liability
insurance policy (homeowner/renter) in the amount of three
hundred thousand dollars ($300,000.00) per occurrence. Or
b. 2_~_.Siqn a form provided by the Superintendent that releases the
City of Corpus Christi from any liability resultinq from the resident's
improper use or transportation of the effluent and agree to hold the
City harmless, includinq reimbursinq the City for the costs of
defending itself.
1-. (.q) Every Effluent Distribution Permit shall be subject to the following terms and
conditions and no person shall receive or distribute effluent water except in complianc~,
herewith:
(1) Container units or tanks shall have a minimum capacity of 500 qallons; shall
be capable of being closed water tiqht and shall be so closed during transport of
effluent water; and shall be maintained in a leak-proof condition; provided,
R13717A5.wpd
27
however, that special permits may be issued for container units with a capacity of
less than 500 qallons upon the determination by the Wastewater Division
Superintendent that all other container unit specifications herein required have
been met and that the particular container unit does not create an increased risk
to the public health and safety.
(2) No vehicle may be used in connection herewith which has not been reported
on the application and approved for such use.
(3) Every driver or handler must be certified by the Wastewater Division prior to
receivinq any effluent water from the City.
a~. The Wastewater Division may certify a driver or handler who has
completed a course of instruction on the handlin.q of wastewater effluent
that has been developed by the City's Health Department.
(4) Effluent water shall be used as soon as possible to prevent reqrowth of
bacteria.
a. Permittees shall check effluent water in their units not less than every
four (4) hours for chlorine residual, except for effluent stored in fixed-site
containers which shall be checked not less than every eiqht (8) hours.
(5) Chlorine residuals shall be maintained at one milliqram per liter (parts per
million) [1 mcl/I (ppm)], consistent throuqhout the effluent container.
(6) The minimum quality of the effluent must not exceed conditions on the use of
effluent set out in any permits or authorizations issued to the City by a federal or
state requlatory agency or the applicable regulations of a federal or state
regulatory aRency.
(7) Effluent containers, includin.q those used for storage, shall be subject tn
inspection and approval of the City Health Department or wastewater division,
whose inspectors are hereby authorized to prohibit the use of any container or
effluent water which is determined to be outside the parameters established in
this section or is otherwise determined to present a danqer to public health.
(8) Every permittee shall provide proof of and shall maintain in force a policy of
comprehensive qeneral liability insurance in the amount o{HTwee-hl3nd¢ed
'~-""-':~" ............ ~ ....'- ...... ""-"--- '~ ~ ~0) specified by the CiW'
Risk Manaqer under Sec. 17-15; or shall maintain a policy of qeneral business
liabiliW insurance in the same or qreater amount with a contractual liabili~
endorsement; and shall maintain a policy of automobile liabiliW insurance in the
minimum amounts set by state law. The City shall be named as an additional
insured on the qeneral liability insurance policies.
R13717A5.wpd
28
('9) Bv acceptance of a permit under this section and/or receipt of effluent water
from the City system, the permittee and/or recipient of such effluent agree to fully
indemnify, save and hold harmless, the City of Corpus Christi, Texas, its aqents
and employees, from and against all claims and actions, and all expenses
incidental to the investigation and defense thereof, based upon or arising out of
damaqes or injuries to person or property in any way related to or in connection
with the use or distribution of effluent water under this section.
(10) Permittees shall provide a written notice to every person to whom effluent is
furnished which shall state in not less than ten point type, substantially as
follows:
"CAUTION
"You are hereby advised that effluent water is the discharqed water from
sewaqe treatment plant. The Director of Public Health has determined
that improper use or handling could be harmful and recommends the
followinq precautions:
"1. Do not use effluent water for drinkinq, bathinq, or personal hygiene
purposes.
"2. Do not use effluent water for washinq autos, clothes, or other personal
contact items.
"3. Do not use effluent water in swimminq pools or for similar recreational
uses,
"4. Do not allow children to play on qrass wet with effluent water, wait until
it dries.
"5. Do not use effluent which has been stored for more than four (4) hours
unless the chlorine residual level has been tested and is not less than one
part per million [1 mg/l(p.m.)].
"6. Application of effluent shall be by coarse stream and shall not be by
fine spray."
C. (h)..__Violation of any of the cautions set forth in subsection (.q)(lO) of this section, by
any oerson, is a violation of this section.
I I. (i) Violation of any of the provisions of this section, in addition to the qeneral
penalties provided in this particle, shall result in denial or revocation of any such
violator's Effluent Distribution Permit.
R13717A5.wpd
29
Sec. 55-157. Operations plan for reservoir system.
To maximize the amount of water reliably available to the City and its water customers,
the City Manager sha operate the Lake Corpus Christi/Choke Canyon Reservoir
System as follows:
1. A minimum of 2,000 acre-feet per month will be released from Choke Canyon
Reservoir to meet conditions of the release agreement between the City of
Corpus Christi and the Texas Parks and Wildlife Department.
2. In order to provide maximum dependable yield from the two reservoirs, the
water level in Lake Corpus Christi will be allowed to drop to elevation 74 feet
before water is released from Choke Canyon Reservoir in excess of the 2,000
acre-feet per month requirement.
Secs. $$-I$7 55-158 - 55-159. Reserved.
SECTION 2. That Section 2.1 of the Water Conservation and Drought Contingency
Plan, which is adopted by Section 55-156 of the Code of Ordinances is amended as
follows:
a. The first sentence of the introductory paragraph is revised to read as follows:
2.1 DROUGHT CONTINGENCY PLAN SUMMARY
The following steps will be taken starting-when the combined water supply in Lake
Corpus Christi and Choke Canyon reservoirs necessitates, based on conditions ex st ng
at the time r~ch ~ ',ev~', where w~t~r in ~r~.~ :,~ 40% ~r [~ ~f tc~', ~tor~3e c&p~c~t~'.
The plan proposes to meet a water shortage situation through a series of water demand
reduction measures supplemented by increasing supply through alternative water
sources.
b. The first sentence under Condition I is deleted.
2.1 DROUGHT CONTINGENCY PLAN SUMMARY
CONDITION I -- WATER SHORTAGE
POSSIBILITY
R13717A5.wpd
c. The first sentence under Condition II is deleted.
30
CONDITION II -- WATER SHORTAGE
WATCH
d. The first sentence under Condition III is deleted.
CONDITION III -- WATER SHORTAGE
WARNING
e. The first sentence under Condition IV is deleted.
CONDITION IV -- WATER SHORTAGE
EMERGENCY
SECTION 3. That Section 2.2 of the Water Conservation and Drought Contingency
Plan, which is adopted by Section 55-156 of the Code of Ordinances is repealed.
SECTION 4. If for any roason 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 5. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 55-155 of the City Code of
Ordinances, as adopted by Section I of this ordinance.
R13717A5.wpd
31
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R13717A5.wpd
32
That the foregoing ordiQance was read for the first time and passed to its second
reading on th~s the ~ ~'~nday of I~O~C.~' ,2001, 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
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of ,2001 by the following vote:
Samuel L. Neal, Jr.
Rex A. Kinnison
Javier D. Colmenero
Betty Jean Longoria
Melody Cooper
John Longoria
Henry Garrett
Mark Scott
Dr. Arnold Gonzales
PASSED AND APPROVED, this the __ day of
,2001.
ATTEST:
Armando Chapa
City Secretary
APPROVED: ~'/~ day of "~ '~ ~ ,2001:
James R. Bray, Jr., City ~
R. Jay'~e..i~ing
First Asefstant City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
R13717A5.wpd
12
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: March 20, 2001)
Case No. 0101-03, A. J. and M. C. Ramos Partners, Limited: A change of zoning from an
"R-lB" One-family Dwelling District to a "B-4" General Business District on 3.707 acres out of Lot 5, Section
28, Flour Bluff and Encinal Farm and Garden Tracts, located on the southeast comer of Ermis Joslin Road and
the McArdle Road extension.
Planning Commission and Staff's Recommendation (02/14/01): Approved the "B-4" General
Business District on the north 1.272 acres and denied the "B-4" District on the south 2.435 acres, and in lieu
thereof, approved a "B-1" Neighborhood Business District.
Requested Council Action: Approved the "B-4" General Business District on the north 1.272 acres and
denied the "B-4" District on the south 2.435 acres, and in lieu thereof, approved a "B-I" Neighborhood Business
District and adoption of the attached ordinance.
and adoption of the attached ordinance.
Purpose of Reemest: To develop the property with a restaurant and a retail center.
Summary: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to a
"B-4" General Business District in order to develop the subject property with a restaurant and a retail center. The
subject property abuts an undeveloped "B-4" District to the north and an apartment complex zoned an "A-2" District
to the southeast. Along its south and west boundaries, the subject property abuts Ennis Joslin Road, an arterial.
Approval of the requested "B-4" District would extend the existing "B-4" District boundary south to abut an existing
apartment complex. Given the subject property's direct access to an arterial and the existing "B-4" District to the
north, it would seem appropriate to permit the expansion of the "B-4" District. However, the expansion would allow
uses such as bars, dance halls, auto repair and auto sales uses to locate next to residential. It is assumed that the
"B-4" District to the north will not develop with general retail uses but most likely with multi-family or single-
family residential uses. A "B-I" Neighborhood Business District that would provide some protection to the existing
apartment complex ~vould be more appropriate. The "B-I" District does not permit the uses considered
incompatible to residential uses, and would permit the proposed restaurant (with or without alcoholic beverages),
and retail center.
The applicant's representative has no objection to a "B-I" District for that property abutting the apartment complex.
The compromise is to have the south 2.435 acres zoned a "B-l" District and the north 1.272 acres zoned a "B-4"
District. Staffhas no objections to this request.
Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, four (4) notices were mailed to the property o~vners within a
200-foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect.
Director of Planning
MG/MS/er
Attachments:
1) Zoning Report Pages 2-9
2) Comments Received Page 10
3) Planning comrmssion Minutes Pages 11-12
4) Ordinances Pages 13-19
It:\PLN-DIR\ERMA\WORDLAGENDMEM\0101-03AGENDAM EMO DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0101-03
January31, 2001
102-1(HI7D)
A.J. &M. C. Ramos Partners Ltd.
Flour Bluff and Encinal Farm and Garden Tracts, Section 28, being 3.705 acres out of Lot 5, located
on the southeast comer of Ennis Joslin Road and the McArdle Road extension.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
3.705 acres
Same as above.
"R- 1B" One-family Dwelling District
"B-4" General Business District
Undeveloped land.
Develop property with a restaurant and a retail
center.
Not applicable.
Adjacent Zoning:
North - "B-4" General Business District
South, West - "R-lB" One-family Dwelling District
East - "R-lB" One-family Dwelling District and "A-2" Apartment House District
Adiacent Land Use:
North - Undeveloped land.
South, West - (across Ennis Joslin Road) Undeveloped land.
East - Apartments and undeveloped land.
Zoning Report
Case No. 0101-03 (A. J. & M. C. Ramos Parmers Ltd.)
Page 2
Number of Residential Units Allowed:
"R-lB" - 26 units (7.26 dwelling units per acre)
"B-4" - 134 units (36.30 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 32,715 square feet of gross floor area (average floor area per ITE) = 1,331 average weekday
vehicle trip ends.
Adiacent Streets/Classification:
a) Ermis Joslin Road - arterial
Right-of-Way Design
Current:
a) 90-foot right-of-way with a 20-foot wide rural paved section.
Planned:
a) 90-foot fight-of-way with 2, 28-foot back-to-back paved section with a 16-foot median.
1996 Traffic Count (24-hour~ weekdav~ non-directional):
a) 13,150 vehicles per day
Zoninq History of Property:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
In December 1996, Lots 2 & 3, located along the east side of Ennis Joslin Road and north side of
South Padre Island Drive and east of the subject property, xvere granted a change of zoning from an
"R-lB" District to an "A-2" District on Lot 2 for apartments and "B-4" District on Lot 3 for a mirfi-
storage facility.
In February 2000, the northwest comer of Ennis Joslin Road and South Padre Island Drive, southeast
of the subject property, was granted a change of zoning from an "R-lB" District to a "B-4" District
for a convenience store.
Zoning Report
Case No. 0101-03 (A. J. & M. C. Ramos Partners Ltd.)
Page 3
Zoning Inventory:
The subject property is part of a 1,846.64-acre area that contains undeveloped land, the Cayo Del
Oso and residential development to the north. There are 17.32 acres of land zoned a "B-4" District
adjacent to the north of the subject property that remains undeveloped. Southeast of the subject
property, there are 18.82 acres of land zoned an "A-2" District that is predominantly developed with
an apartment complex. West of the subject property is an area zoned a "T-lB" District that remains
undeveloped and contains 13.63 acres. Further south from the subject property, there are 39.80 acres
of land along South Padre Island Drive that are zoned a "B-4" District and developed with a mixture
of uses ranging from restaurants to bars to hotels to undeveloped land.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from an "R-lB" One-family Dwelling District to a "B-4" General Business District in order
to develop the subject property with a restaurant and a retail center. The subject property
abuts an undeveloped "B-4" District to the north and an apartment complex zoned an "A-2"
District to the southeast. Along its south and west boundaries, the subject property abuts
Ennis Joslin Road, an arterial. Approval of the requested "B-4" District would extend the
existing "B-4" District boundary south to abut an existing apartment complex. Given the
subject property's direct access to an arterial and the existing "B-4" District to the north, it
would seem appropriate to permit the expansion of the "B-4" District. However, the
expansion would allow uses such as bars, dance halls, auto repair and auto sales uses to
locate next to residential. It is assumed that the "B-4" District to the north will not develop
with general retail uses but most likely with multi-family or single-family residential uses.
A "B-l" Neighborhood Business District that would provide some protection to the existing
apartment complex would be more appropriate. The "B-l" District does not permit the uses
considered incompatible to residential uses, and would permit the proposed restaurant (with
or without alcoholic beverages), and retail center.
The applicant's representative have no objection to a "B-I" District for that property abutting
the apartment complex. The compromise is to have the south 2.435 acres zoned a "B-I"
District and the north 1.272 acres zoned a "B-4" District. Staffhas no objections to this
request.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Policies can be supportive of the requested "B-4" District because of
its direct access to an arterial. However, the Southeast Area Development Plan's adopted
furore land use map recommends the area to develop with medium-density residential. The
requested "B-4" District is not consistent with the Plan's adopted future land use map.
However, a neighborhood business zoning district that would provide a transition between
the residential zoning on the southeast and the existing general business district on the north
would be appropriate. A "B- 1" District would be an appropriate district.
Zoning Report
Case No. 0101-03 (A. J. & M. C. Ramos Parmers Ltd.)
Page 4
Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per
acre or 26 un/ts on the subject property. Both the "B-I" and '53-4" Districts permit a density
of 36.30 dwelling units per acre or 134 units on the subject property. With direct access to
an arterial, Ennis Joslin Road, the increase in density will not adversely impact the area.
Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet with
a side and rear yard setback of five (5) feet each. Both the "B-I" and "B-4" Districts require
a front yard setback of twenty (20) feet with no required side or rear yard setback unless
adjacent to a residential district ~vhere a setback often (10) feet would be required. Both the
"R-lB" and "B-I" Districts limit the building heights to 35 feet not to exceed three (3)
stories. The "B-4" District does not limit the building height.
Signage: The "R-lB" District permits one wall sign not to exceed an area of one square foot.
The "B-I" and "B-4" Districts permit unlimited wall signs. A "B-I" District permits one
freestanding sign per premise with an area of forty (40) square feet and a height of twenty
(20) feet. Freestanding signs in the "B-4" District are unlimited as to size, height, or number
provided that they are located behind the front yard setback. If the freestanding sign is
located within the front yard setback, freestanding signs are limited to one sign per street
frontage with an area of forty (40) square feet and a height of 25 feet.
Traffic: The potential development of the subject property would add approximately 1,331
daily trip ends to Ennis Joslin Road. As Ennis Joslin Road is currently developed, this
amount of traffic would impact the road. However, Ennis Joslin Road is currently under
construction to improve it to its ultimate width of a four-lane road with a median..After the
improvement is complete, Ennis Joslin Road will be capable to handle the additional traffic.
Parking/Screening: A restaurant use in a "B-I" District or "B-4" District is required provide
one off-street parking space for each 100 square feet of gross floor area. A retail center is
required to provide one parking space for each 225 square feet of gross floor area.
Compliance with the off-street parking regulations will be required during the permitted
phase of the development. A standard screening fence with a height of six (6) feet is required
when a business or industrial use locates abutting a residential district. The subject property
will be required to provide a standard screening fence along its southeast boundary.
Costs to City: There are no anticipated costs to the City.
Platting: A proposed plat has been submitted to Staff for review and approval by the
Planning Commission.
Pros: (Ideas in support of the request.)
a)
Approval of the requested "B-4" District xvould be an expansion of the "B-4" District to the
north
Zoning Report
Case No. 0101-03 (A. J. & M. C. Ramos Partners Ltd.)
Page 5
b)
The "B-4" District is consistent with City policies that recommend commercial district in
areas with direct access to an arterial without traversing a residential district.
Cons: (Ideas in support of maintaining the current zoning.)
a)
The requested "B-4" District is not consistent with the Southeast Area Development Plan's
adopted future land use map.
b)
A "B-i" District would act as a transition' between the residential development on the
southeast and the commercial district on the north.
Staff Recommendation:
Denial of the "B-4" District, and in lieu thereof, approval of"B-l" Neighborhood Business District
on the south 2.435 acres and approval of the "B-4" District on the north 1.272 acres.
Attachments:
Zoning and Ownership Map
Ownership List
Southeast Area Location Map
H 5P LN-D IRkERMA\WORDXZONRPTS\0101-03REPORT.DOC
PHARAOH VALLEY
SOUTHEAST UNIT 1
TRACT 2
B-4
JOSLit
JOSL IN TRACT
A-2
R-lB
B-4
R-lB
JOSLIN
A-I
Jon 22, 2001 - RP
CASE
B-4
-4.
· - Property Owner in Favor
Property Owner Opposed
X
See Comments on Page(s) .. /~
50
ZOIOI-03
Subject property
O~vners within 200 feet listed on ottoched ownership list
OWNERSHIP LIST
CASE NO. 0101-03
APPLICANT:
A. J. AND M. C. RAMOS PARTNERS, LIMITED
3554 S..~LAMEDA 78411
REPRESENTATIVES:
GEORGE B. CLOWER
P. O. BOX 6762 78466-6762
NICK M. 'WELSH
3054 S. ALAMEDA 78404
1
Z0101-03 247600280050
JOSLIN PARTNERSHIP LTD
635 WILSON PLAZA NORTH
CORPUS CHRISTI TX 78401
FLOUR BLUFF & ENC FRM GDN
TRACT 37.7726 ACS OUT LTS 4, 5 & 6
SEC 28
2
Z0101-03 383100010020
BAYPOINT LTD
1250 NE LOOP 410, STE 800
ALAMO HEIGHTS TX 78209
JOSLIN TRACTS LT 2 BLK 1
3
Z0101-03 ROW
TEXAS DEPT. OF TRANSPORTATION
1701 S. PADRE ISLAND DR.
CORPUS CHRISTI, TEXAS 78416
4
Z0101-03
JOSLIN PARTNERSHIP LTD.
C/o FLORA JEWEL, TRUST OFFICER
INVESTMENT MANAGEMENT AND
TRUST
WELLS FARGO BANK TEXAS, N.A.
P. O. BOX 900
CORPUS CHRISTI, TEXAS 78403
0 SUBJECT PROPERTY
Z0101-03 247600290016
JOSLIN PARTNERSHIP LTD
635 WILSON PLAZA NORTH
CORPUS CHRISTI TX 78401
FLOUR BLUFF & ENC FRM GDN
TRACT 12.1994 ACS OUT OF LTS 1
THRU 6 SEC 29
LEROY SAN MIGUEL
MAINTENANCE DEPARTMENT
CORPUS CHRISTI I.S.D.
P. O. DRAWER 110 78403
AL MORALES, PRESIDENT
SOUTHBAY HARBOR
NEIGHBORHOOD ASSN.
1014 HARBOR LIGHTS
CORPUS CHRISTI, TEXAS 78412
JERRY WAGNER
SOUTHBAY HARBOR
NEIGHBORHOOD ASSN.
1018 HARBOR LIGHTS
CORPUS CHRISTI, TEXAS 78412
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0101-03
A. J. and M. C. Ramos Partners, Limited
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor: None.
Opposition: None.
[I.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:XPLN-DIRXERMA\WORD\COMMDATA\0101-03COMMENTS.DOC
Planmng comrmssion Minutes
January. 3 I, 2001
New Zoning Cases
A. J. and M. C. Ramos Partners, Limited: 0101-03
REQUEST:
"R-lB" One-family Dwelling DisUict to "B-4" General Business District on Flour Bluff and
Encinal Farm and Garden Tracts, Section 28, being 3.705 acres out of Lot 5 and located on the
southeast comer of Enms Joslin Road and the McArdle Road extension
Mr. Saldafia stated the applicant requested a continuance for two (2) weeks to the February 14, 2001
Planning Commassion meeting. The applicant is out of the country.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
Motion by Sween-McGloin, seconded by Cheek, to approve a two (2) week continuance. Motion passed
with Richter and Salazar being absent.
Planning comrmssion Minutes
February 14, 2001
ZONING CASES
A. J. and M. C. Ramos Partners, Limited: 0101-03
REQUEST:
"R-lB" One-family Dwelling District to "B-4" General Business Dislxict on Flour Bluff and
Enemal Farm and Garden Tracts, Section 28, being 3.705 acres out of Lot 5, and located on the
southeast comer of Enms .luslin Road and the McArdle Road extension.
Mr. Saldafia said that the zoning case had been continued from the January 31, 2001 meeting as requested
by the applicant. Since that time, Staff and the applicant's representatives have been discussing alternatives to the
requested change of zoning. The applicant requested a change of zoning from an "R-lB" One-family Dwelling
District to a "B-4" General Business District in order to develop the subject property with a restaurant and retail
center. A compromise had been reached with the agreement that Staffwould recommend and the applicant would
not object to a "B-I" Neighborhood Business District on the south 2.435 acres abutting the apartment complex and a
"B-4" General Business District on the remaining area. This compromise would protect the existing residential
development from objectionable uses such as bars, dance halls, automotive repair, etc.
Mr. Saldafia presented a PowerPoint presentation of the subject property and the surrounding area. The
subject property is part of a 1,846.64-acre area that contains undeveloped land, the Cayo Del Oso and residential
development to the north. There are 17.32 acres of Iand zoned a "B-4" District adjacent to the north of the subject
property that remains undeveloped. Southeast of the subject property, there are 18.82 acres of land zoned an "A-2"
District that is predominantly developed with an apartment complex. West of the subject property is an area zoned a
"T-lB" District that remains undeveloped and contains 13.63 acres. Further south from the subject property, there
are 39.80 acres of land along South Padre Island Drive that are zoned a "B-4" District and developed with a mixture
of uses ranging from restaurants to bars to hotels to undeveloped land.
Staff recommends denial of the "B-4" Distxict, and in lieu thereof, approval of "B-I" Neighborhood
Business District on the south 2.435 acres and approval of the "B-4" General District on the north 1.272 acres.
comnUssioner Sween-McGloin asked if Staff approved of Lot 5 having split zoning. Mr. Saldafia
responded that Lot 5 is currently zoned "B-4"; however, the southern portion would be rezoned from an "R-lB'
District to a "B-1" Neighborhood Business District.
The ConUmssion expressed concern with split zoning on Lot 5 and the possibility of signage issues as a
result of "B-4" District being on the northern portion and "B-I" District being on the southern portion. It was stated
that the applicant could place a sign with unlimited height restrictions on the portion zoned "B4" for the business
on the portion zoned "B-I" District. ComnUssioner Sween-McGIoin asked whether Staff could rezone the portion
that would remain "B-4" District adminis~xatively to "B-I' District. Mr. Gunmng suggested that Staffcould waive
the rezoning fees to accommodate the applicant if he chose to rezone the "B-4" District portion to "B-I' Distxict.
After discussion with the applicant, his representative, Mr. Tim Clower, Taft Texas, said that the applicant
would be willing to rezone the northern portion of Lot 5 to "B-I" Neighborhood Business District if the fees were
waived.
Motion by Cheek, seconded by Salazar, to approve Staff's reconamendation for denial of the "B4" District,
and in lieu thereof, approval of"B-l" Neighborhood Business District on the south 2.435 acres and approval of the
"B4" General District on the north 1.272 acres. Motion passed with Richter and Zamora being absent.
Motion by Sween-McGlom, seconded by Mims, to proceed with rezoinng the northern portion of Lot 5 for
public hearing before the Planning ComnUssion as soon as possible. Motion passed with Richter and Zamora being
absent.
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY A. J.
AND M. C. RAMOS PARTNERS, LIMITED, BY CHANGING THE
ZONING MAP IN REFERENCE TO 3.707 ACRES OUT OF LOT 5,
SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "B-I"
NEIGHBORHOOD BUSINESS DISTRICT ON TRACT A AND "B-4"
GENERAL BUSINESS DISTRICT ON TRACT B; 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 ofA. J. and M. C. Partners, Limited, 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,
February 14, 2001, during a meeting of the Planning Commission, and on Tuesday,
March 20, 2001, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
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 3.707 acres out of Lot 5, Section 28, Flour Bluff and
Encinal Farm and Garden Tracts, located on the southeast corner of Ennis Joslin Road
and the McArdle Road extension, from "R-1B" One-family Dwelling District to "B-I"
Neighborhood Business District on Tract A and "B-4" General Business District on Tract
B. Metes and bounds description is attached as Exhibits A and B.
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.
\\CrTYHALL02~USERS~LEG-DIR\NOEMI~DDC URTIS~,WDOCS~200 I~P&ZORD0 I~ZONING.ORD~DOYLEC~00 I~Z010103A.DOC
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) 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 20th day of March, 2001.
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 MARCH 14, 2001
James R. Bray, Jr.
City Attorney
By:
Doyle D. Curtis
Senior Assistant City Attorney
\\CITYHALL021USERSU-EG-DIRINOEMI~DDCURTIS~IYDOCS~200 I~P&ZORD01~.ONING.ORD~DOYLEC~001~.010103A.DOC
FEB-08-2001 03:29 AM BASF AND
WELSH ENG
36188217R5
P.02
BASS ~, Wm'L. SH ~NGiNE:m. RiNG
~QII4 L
TRACT A
I~qOPOSED B,-'~ ZONING TlaA_~.CT
Febn~ry' T, 2001
98068.MB1
~'rA~ OF TEXA~ J
COUNTY OF NUEC~S )
I]~SCRI~'I~ON of e 2.435 aeze fnac~ of I~neL mom or iee~ e lx~on ~4 LotS, ~ 28, Flour Blull
~md Endnai Ferm and (3enlen Tf~m, · m,~ ~ whk~ Is moo~ed in ¥olum~ .A-, Pagee 41 - 43, Mep
I:le~x~k. Nuec~ County, Tm.m, ~ 2.435 a~e tra~ a~ ~ur~ner dm~ed by metes end bouncl~ as
BEGINNING at the w~temm~t comer of Lot 2, Bk:x:k 1, Joslin Trac~, 8 map oi which is recorded in
Volume 68, Page. (~ and 86, said Map Record~ ~td beQ4nnin9 point fo~' the southemrno~ comer M
th~ tract hewn deec~t~d and being in the ea~te~ right.of-way line of Ennls Joslin Flmad and a ctscular
ctm~e !o the dghl having a cereal angle of 2~57'06", a mdlu~ of 727.0g' and a chord beming
N32~Z30'~ a d~e.l~e of ~38.ea,:
T~-,c~ along aaid eastMly rigM-o~,.w~/line of En~Is Joslin Road. being the am c~ ~ (drcular cuwe to
th~ ~]h~ a d~ ~ 342.02' to a point for the w~mm'nmo~t corner of the tract hereln dNenb~d;
~r ~51 "E 21'78' to m point fro- · w~t.~/c~'rmr o1 the t~ct hmlln described;
Thine N67°63'64'E 56.52' to the point <~ ct~ratm~ of a c,,'-;u~, cra'ye to the ~ ha~nQ a cenmaJ angte
of 31043'40", e radiut of 100.00' and e chon~ bMuing N52002'01 "E a di~tar~e of 54.67';
The~c~ along the an: of said circular curve to the k~t a distance o~ 55.38' Io a the point of tangeric~,
Thence N36°10'09'E 63.91' to a point for c~nthd Intef~' con'~ of this trot;
Thence NS3°49'Sl'W 64.22' to · point for a nodh central ~omer of this tre~t;
Thef,~:~ N30°49'55'W 9~.34' to e point fo~ a north ce~trad COlTmr ~l this trac~:
77.01' to a ;x~m in ~ ~Mt~undmy #~ of ~aid L=~ 5, ~ 20, ~ the
no~lhemmo~ comer o~ Ihe tm~ her~n de~crtbed;
The*~c~ ~1°18'21"E ~24.ee' along se, Id norlt~em boundmy line o~ said Lot 5 to a point for the
eeMemrnost comer of t~ tracl heroin de~fibed;
Thence S63~48'03'W 5~.33' to a point fo~ central easten~/comer of this
Thence 828~62'13"W, at ~0.Se' I~.~ th~ nodhemmo~ corner of ~aid Lot 2, ~ 1, Jo~lln T~, Irt
EXHIBIT A
FEB-08-2001 03:29 ~Q B~S~ AND UELSH ENG 38188217~5 P.03
BASB ~11 WEL.~H I='NGINE;IrRING
TRACT B
P~P~S~ I~ ZOMNO TflAGT
Feixua,-y 7. 2001
gBO68,MB4
81'ATE OF TEXAS
COUNTY OF NUECE$ J
IJESCRi~-v iON of a 1272 acm tm~l of land, rnme or I.#. a ixiWon M Lei 5, 5mjUon ~. Flour 81ulT
end r=n~rmi Fa~n and GMden TnJe~ a m.l~ M wN~ ts meeed~ in Volam~ 'A", Pa~,J 41 - 43, MJ~
81111t~g al Ifa wellem~o~ comer el Lot 2. ~ 1, ~ Tm~, a ~ ~ ~ ~ ~ In
~, a ~ ~ ~,~ ~ e ~ ~ ~ e~ ~ ~.~; ~ ~ ~
~. ~ ~ ~~ln~a~tot~ ~ ~a~
d ~1~, a ~ ~ ~.~ ~ a ~M ~ NI~ a d~ ~ 27~;
'r~w~e ~m~b~lflg aJoflg uaid eamef~ right, f-way line ot Ennto Joslin Roa~, being eloflg ~e arc ~ ~
olmular cu~,o to the dght. a distance d 2T.92' to tho poim d tangoflL~,
Theme <x~tinulng ~ said easwdy ~ht-oi-wsy line et Enni$ JoMIn R<md NlSa22'lS'W 391.03' to
the point of i/lteta~M, of ~ eJ~len~/rtl~l-el-way fine of Er.'~ Joelin Road and ~
bounds/llne o~ said Lot S. Saelion 28, Flour Biull e4~d c.~.-,-,-,-,-,-,-,.~ Perm and Gefd~ Tracta;
Theme S81°18'21'E along ~ noflheaM boundaw line el Lot 5. Section 28, a dist~,c~ of 301.5g' to a
pofnt for e cemral ea~.~y c'~me~ of thb t~'m~,
Thence 859~10'05'W 77.01' to a point f~r central easterly Inte¢,or comer of ~ tmcl;
Thence S30"4g'S5'E 68.34' to a polnl for Int~l~x southeamerly miner of ~ b'act;
'T~ S53°49'S1'E 6422' to a point for the eastemmo~ so~th corner of this tra~,
T~ S38el(.'~'9'W ~3.01' to the pob~ of cuwatum of a ~mular cuwe 1o the right having a cenLml
angle of 31°43'4g". a radiu~ of 100.00' and a chord bear',ng ,~52~Z'01'W a distance of 54.66':
Theme along the am of said 0imul~ c~we fo tho right a al!stance of SS.38' to the point o~ tang~.
'rhenc~ S67e53'54'W 56.52' to a point fo~' the southern~ comer oi the bad h~ del~tbed;
Thence N85~J3'Sl'W 21.78' to the POINT OF BE~IINNIN~.
EXHIBIT B
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY A. J.
AND M. C. RAMOS PARTNERS, LIMITED, BY CHANGING THE
ZONING MAP IN REFERENCE TO 3.707 ACRES OUT OF LOT 5,
SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "R-'lB" ONE-FAMILY DWELLING DISTRICT TO "B-4"
GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE
PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application ofA. J. and M. C. Partners, Limited, 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,
February 14, 2001, during a meeting of the Planning Commission, and on Tuesday,
March 20, 2001, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Chdsti and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of 3.707 acres out of Lot 5, Section 28, Flour Bluff and
Encinal Farm and Garden Tracts, located on the southeast corner of Ennis Joslin Road
and the McArdle Road extension, from "R-lB" One-family Dwelling District to "B-4"
General Business District. Metes and bounds description 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.
\\CITYHALL02\USERS\LEG-DIR\NOEMI\DDCURTIS~VIYDOCS~2001~P&ZORD0 I~_ONiNG.ORD\DOYLEC~001~Z010103B.DOC
/?
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 20th day of March, 2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa Samuel L. Neal, Jr.
City Secretary Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM MARCH 14, 2001
James R. BrAy', Jr.
City Attorney
sDe°nYli~ r?/~,~'"si~trtaiSnt City Atto r ney~ -
\\CITYHALL02~USERS~EG-DIR'~IOEMI\D DC URTIS~,IYDOCS~00 i~P&ZORD0 I~.ONiNG,ORD\DOYLEC~00 I~ZOIO103B.DOC
BASS & WELSH ENGINEERING
PROPOSED B-4ZONINGTRACT
December 26, 21300
gS068Z.MB
STATE OF TEXAS }
COUNTY OFNUECE$ }
DESCRIPTION of a 3.705 acre portion of Lot 5, Section 28, Flour Bluff and Encinal Farm and Garden
Tracts, a map of whtch is recorded in Volume 'A', Pages 41 - 43, Map Records, Nueces County,
Texas, said 3.705 acre tract as further described by metes and bounds as follows:
BEGINNING at the westemmost comer of Lot 2. Block 1, Joslin tracts, a map of which is recorded in
Volume 58, Pages 85 & 86, said Map Records, said beginning point for the southernmost comer ol the
t,"ast herein des~ibed and being in the northeast fight-of-way line of Ennis Joslin Road and being in the
am of a circular curve to the right having a central angle of 29~09'01', a radius of 727.09' and a choM
bearing N30°56'46'W a distance of 365.94';
Thence along the am of said cimular curve to the right, being said northeast right-of-way line of Ennis
Joslin Road, a distance of 369.92' to the point of tangenoy;
Thence continuing along said northeast right-of.way line of Ennis Joslin Road N16°22'15'W 391.16' to a
point for the northwest comer of this tract and point of intersection of the northeast boundary line of
said Lot 5, Section 28 and said northeast right-of-way line of Ennis Joslin Road;
Thence along the northeast bounda~/line of said Lot 5, Section 28, S61°15'58'E 626.15' to e point in a
northwesterly boundary line of a 31.699 acre tract of land for the eestemmost comer of the tract herein
described, said eastemmost comer bears S63°44'27'W 11.62' from the northernmost or northwest
corner of said :31.699 acre tract;
Thence along said northwest boundary line of 31.6gg acre tract S63°44'27"W 56.08' to a point for
easterly comer of the tract herein described and northwesterly comer of said 31.699 acre tract;
Thence S28°52'13'W along a northwesterly boundmy line of said 31.699 acre tract, at 109.66' pass the
northemrnost or northwest comer of said Lot 2, Bkx=k 1, Joslin Tracts, in all a distance of 415.07' to the
POINT OF BEGINNING, a sketch of said 3.705 acre tract being attached hereto es Exhibit 'B'.
ON M. WELSH, R.P.L.$.
EXHIBIT A
13
AGENDA ITEM:
A.
CITY COUNCIL
AGENDA MEMORANDUM
March 12, 2001
Ordinance providing for the issuance of General Improvement and Refunding
Bonds, Series 2001, of the City of Corpus Christi, Texas, in the aggregate principal
amount ($39,170,000') and bearing interest at the rates hereinafter set forth, and
providing for the levy, assessment and collection of a tax sufficient to pay the
interest on said bonds and to create a sinking fund for the redemption thereof at
maturity; repealing all ordinances in conflict herewith; and providing that this
ordinance shall be in force and effect from and after the date of its passage; and
declaring an emergency.
Ordinance providing for the issuance of General Improvement Refunding Bonds,
Series 2001A (December 2001 delivery), of the City of Corpus Christi, Texas, in the
aggregate principal amount ($11,240,000') and bearing interest at the rates
hereinafter set forth, and providing for the levy, assessment and collection of a tax
sufficient to pay the interest on said bonds and to create a sinking fund for the
redemption thereof at maturity; repealing all ordinances in conflict herewith; and
providing that this ordinance shall be in force and effect from and after the date of
its passage; and declaring an emergency.
ISSUE:
On November 7, 2000, the voters of Corpus Christi approved the authorization of general
improvement bonds for Street Improvements, in the amount of $20,776,000; Park and
Recreation and Museum Improvements, in the amount of $4,694,000; and Public Health
and Safety Improvements, in the amount of $5,330,000. Additionally, it is recommended
that certain outstanding obligations of the City be refunded to achieve a debt service
savings with respect to the refunded bonds.
REQUIRED COUNCIL ACTION:
A. Approve an Ordinance providing the issuance and sale of $39,170,000' City
of Corpus Christi General Improvement and Refunding Bonds, Series 2001.
Approve an Ordinance providing the issuance and sale of $11,240,000* City
of Corpus Christi General Improvement Refunding Bonds, Series 2001A.
PREVIOUS COUNCIL ACTION:
On January 9, 2001, the City Council approved the financial advisor, senior
managing and co-managing underwriters, and bond council for the General
Obligation Bonds.
* - Preliminary, subject to change on sale of bonds
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council approve the Ordinance authorizing the
issuance and sale of $39,170,000' City of Corpus Christi General
Improvement and Refunding Bonds, Series 2001.
Staff recommends that the City Council approve the Ordinance authorizing the
issuance and sale of $11,240,000' City of Corpus Christi General
Improvement Refunding Bonds, Series 2001A.
~~. Cruz~--Aedo
Director of Financial Services
Attachments:
Background Information
Ordinance
* - Preliminary, subject to change on sale of bonds
BACKGROUNDINFORMATION
On November 7, 2000, the voters of Corpus Christi approved the authorization of
$30,800,000 of general improvement bonds. They are for Street Improvements, in
the amount of $20,776,000; Park and Recreation and Museum Improvements, in the
amount of $4,694,000; and Public Health and Safety Improvements, in the amount
of $5,330,000. Due to favorable market conditions, I am also recommending that
certain outstanding obligations of the City be refunded as part of the voter approved
bonds and a forward refunding to be completed on December 2001 to achieve debt
service savings. This refunding and forward refunding opportunity exists because
of the lower interest rate market that exists today. 'We can replace higher interest
rate bonds with lower interest rate bonds at today's market and save debt service,
which relieves pressure on the debt service portion of the tax rate. Final numbers
and amounts will not be known until pricing, the bid date for buyers of the bonds on
Monday, March 19, 2001. Pricing will occur at Banc One headquarters in Chicago,
Illinois on this date. Final amounts will then be presented at the current meeting for
your approval on an emergency basis, since the sale must occur on Tuesday or the
bids for the bonds become void. Therefore, the total amount of general
improvement bonds being recommended exceeds the $30,800,000 approved by the
voters.
On March 1 and March 2, 2001, presentations were made in New York City to
Moody's-Investors Service, Inc., Standard and Poor's Rating Services, and Fitch
IBCA, the three largest raters of municipal bonds in the nation. Two separate series
or issues are being recommended. The first, Series 2001, is a new issue in the
amount of $30,800,000, plus advanced refunding bonds at an estimated amount of
$8,370,000 for a total estimated value of $39,170,000. The second issue, Series
2001A, is for forward refunding bonds with an estimated value of $11,240,000. The
life of these existing bonds will not be extended. The refundings provide an
estimated net present value savings of between $1,300,000 and $1,400,000.
Ratings for the bonds were assigned on March 15, 2001 and have remained
unchanged. The City of Corpus Christi received a rating of A3 from Moody's-
Investors Service, Inc., a rating of A+ from Standard and Poor's Rating Services, and
a rating of AA-from Fitch IBCA. Standard and Poor's Rating Services also revised
the City's outlook from negative to stable.
14
AGENDA MEMORANDUM
DATE: March 2, 2001
SUBJECT: Crosstown / So. Padre Island Drive Expressway Interchange Lighting
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an advance
funding agreement with the State of Texas, acting through its Texas Transportation
Commission, setting forth responsibilities for the reconstruction of the existing continuous
highway lighting at the intersection of the Crosstown Expressway (SH 288) at So. Padre Island
Drive (SH 358) Expressway Interchange and its approaches as a part of the Texas Department
of Transportation's Crosstown Extension / So. Padre Island Drive Interchange Construction
Project, and authorizing the deposit of $500,301.85 with the Texas Department of
Transportation as the City's share of construction costs.
ISSUE: In May, 2001, the Texas Department of Transportation will conduct its bid-letting for the
reconstruction of the Crosstown Expressway Extension / Padre Island Drive Expressway
Interchange (Exhibit '1). This will require the existing illumination to be replaced with a new
illumination system compatible with the new interchange improvements.
The City and TxDOT share, on a 50% - 50% basis, all costs for the construction, operation and
maintenance of continuous expressway illumination systems within the City Limits.
REQUIRED COUNCIL ACTION:
other governmental agencies.
Council action is required for approval of agreements with
ALTERNATIVES: There are no alternative means of the City contributing its 50% share for
this project.
RECOMMENDATION: Staff recommends approval of the motion as presented.
~'~,~'Angel R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Additional Background Information
Exhibit 1 - Site Map
Exhibit 2 - Current Intemhange
Exhibit 3 - Proposed Interchange
AgMemCrosstownllnterchlllum 201
(Cresstown / So. Padre Island Drive Expressway Interchange Lighting, Page I of 3)
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
InterchanRe Improvements
The long-awaited Crosstown Expressway Extension / So. Padre Island Drive Expressway
Interchange project (Phase 2 of the overall Crosstown Extension Project) will have this
interchange fully re-configured from its current state and provided with new 'cloverleaf' and
direct connector expressway features. See Exhibits 2 and 3. Most important, the project will
provide for the first phase of the direct linkage of the existing Crosstown Expressway main lanes
to the existing Crosstown frontage roads south of So. Padre Island Drive that were constructed
and opened to traffic in August 1995. The estimated cost of this project is $45 million. The last
remaining phase of construction (Phase 3), which is anticipated to be underway within the next
three to four years near the completion of the new interchange, will extend the expressway main
lanes to south of Saratoga Boulevard with interchanges (main lane overpasses) at Holly Road
and at Saratoga Boulevard.
Illumination Improvements and Cost Impact
Because of the re-configuration of the interchange, the interchange's illumination system will
also need to be replaced with new and upgraded expressway lighting compatible with the two
new 'cloverleaf' connections, the direct connector roadways, and the portions of new
expressway north and south of So. Padre Island Drive.
This illumination project will result in the removal of 72 existing expressway lights and the four
high mast illumination assemblies, and new installation of 152 expressway lights and eleven
high mast illumination assemblies. Because the City and State share the expressway lighting
system expenses 50% - 50%, the net increase in the City's share operating expenses for these
illumination improvements will be approximately $8,000 per year.
FUNDING
The City's funding share for construction of the illumination improvements will come from the
2000 Bond Issue, specifically from the allocation approved for the 'City Share of Cost
Participation in State Highway Department Projects'.
Responsibilities: The terms of the advance funding agreement include the following
responsibilities for each entity:
State
Bear cost of preliminary engineering
Prepare plans and specifications, advertise for bids, let the construction contract, and
supervise construction
Bear all costs for construction of overhead sign bridge structure replacement and sign
lighting
~- Maintain the operation and preservation of the illumination system
~* Agrees to reimburse the City 50% of the electrical energy cost for operation of the
illumination system
(Responsibilities, continued)
City
~- Shares the cost of rehabilitation construction costs of the illumination system with the State
50% - 50%, subject to existing maintenance contracts
~ Agrees to furnish the electrical energy required for the illumination system. [Note: This is
done through the City's Expressway Lighting Account with Central Power & Light Company,
for which the State reimburses the City a 50% share].
Each of the above responsibilities are typical to the current agreements between the City and
State for each of the other expressway illumination systems, except Interstate 37, for which the
City bears 100% of the expressway maintenance expenses between Corn Products Road and
Waco Street. This is due to the one-time, prior agreement in which the City was allowed to
forego its 50% share of construction for rehabilitation of the continuous expressway lighting in
favor of bearing the 100% cost responsibility for maintenance of the system.
(Crosstown / So. Padre Island Ddve Expressway Interchange Lighting, Page 3 of 3)
$~[~¥
I1,1
15
AGENDA MEMORANDUM
DATE: March 13, 2001
SUBJECT: Frost Bank Lease Space Remodel
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to amend the existing lease
agreement with Frost National Bank for 41,289 square feet of the Frost Bank Building,
located at 2402 Leopard and the land on which the building is situated and Lots la, 2,
3, 4, and 5, Block 1, Nelson Addition No. 2, to provide for an additional allowance of
$500,000 from the Frost National Bank; and,
Ordinance reappropriating $458,440 from the Frost National Bank lease purchase
agreement in the General Fund No. 1020, amending Ordinance Number 024130 which
adopted the FY 2000-01 budget by increasing both revenues and appropriations by
$458,440 in the No. 1020 Fund for improvements to the Frost Bank building; and
declaring an emergency; and,
Ordinance appropriating $500,000 from the amendment to the Frost National Bank
lease purchase agreement in the General Fund No. 1020, amending Ordinance
Number 024130 which adopted the FY 2000-01 budget by increasing both revenues
and appropriations by $500,000 in the No. 1020 Fund for improvements to the Frost
Bank Building; and declaring an emergency; and,
Motion authorizing the City Manager, or his designee, to execute a construction contract
with Zimmerman Construction in an amount not to exceed $578,240 for the Frost Bank
Lease Remodel. (Project # 4201)
ISSUE: This construction contract is necessary to renovate the second, third and fourth
floors of the Frost Building to accommodate the current and short-term space needs of
Emergency Management, Police, Fire, and various other City Hall Departments.
FUNDING: Funds for this project are available from two appropriations from Frost
National Bank as part of a $1,000,000 "built-out" allowance for remodeling, repairs,
improvements and associated costs.
RECOMMENDATION: Staff recommends approval of the motions and ordinance as
~r~Angel__ R. Escobar, P. E.,
Additional Support Material:
Exhibit A
Exhibit B
Schedule 1
Exhibit C
Exhibit D
(Date)
Background Information
Project Budget
Cost Analysis
Bid Tab Summary
Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Frost Bank Space Remodel
(Project # 4201)
PRIOR COUNCIL ACTION:
May 30, 2000 - Motion authorizing the City Manager, or his designee, to execute
a lease agreement and an option to purchase with Frost National Bank for 41,289
square feet of the Frost Bank Building located at 2402 Leopard Street and the land
on which the building is situated and Lots la, 2, 3, 4, and 5, Block 1, Nelson
Addition No.2 (M2000-167)
May 30, 2000 - Ordinance appropriating $500,000 from the Frost National Bank
Lease Purchase Agreement in the General Fund No. 1020, amending FY 99-00
Budget adopted by Ordinance No. 023702 to increase appropriations by $500,000
in the No. 1020 Fund for office space improvements to the Frost Bank Building; and
declaring an emergency. (Ordinance No. 024052)
May 30, 2000 - Motion authorizing the City Manager, or his designee, to execute
a contract with Morgan Spear Associates, Inc. in the amount of $41,560 for
architectural services associated with the Frost National Bank Building Lease
Purchase Improvements. (M2000-168)
July 25, 2000 - Approval of the FY 2000-2001 Operating Budget. (Ordinance No.
024130)
PRIOR ADMINISTRATIVE ACTION:
December 17, 1999 - Small Agreement for Architectural Consultant Services with
Morgan Spear Associates, Inc. for a total fee not to exceed $8,200 for Evaluation
of Lease Proposals.
February 8, 2000 - Amendment No. 1 to small agreement for Architectural
Consultant Services with Morgan Spear Associates, Inc. for a fee not to exceed
$6,700 for a total restated fee of $14,900 for Evaluation of Lease Proposals.
FUTURE COUNCIL ACTION:
Exercise of a Lease/Purchase Agreement to fund an emergency generator.
Exercise of a Lease/Purchase Agreement to install a phone/data system.
Award of an A/E contract to provide design services related to the first floor one-stop
center.
Award of a construction contract for the first floor one-stop center.
Exercise of Purchase Option on the building.
~ENGINEERING'~DATAI',HO ML~LYN DAS\G EN~PU BLIC FACILITIES~I201 - FROST BUILDING~BACKGROUND DOC
EXHIBIT "A"I
PROJECT BACKGROUND: Morgan Spear Associates, Inc. was administratively
contracted to analyze the space needs of City Hall and its related facilities and evaluate
seven lease proposals for necessary additional space. Consequently, the City entered
negotiations with Frost National Bank to develop a lease agreement that best met the
needs of the City. The approved lease agreement provided for a 21-year lease of 41,289
square feet contained in the Frost Bank Building located at 2402 Leopard Street. Frost
Bank granted the City a "Tenant Improvement Allowance" in an amount not to exceed
$500,000 as part of a "built-out" allowance for remodeling, repairs, and associated
architectural improvements. This amendment to the existing lease will provide for an
additional allowance of $500,000 to complete necessary renovations.
Initial monthly lease payments of $1,961 to Frost Bank are deferred and will begin 25
months after occupancy of the fourth floor. The second and third floors will be ready for
occupancy two months after the fourth floor is completed and at that time, subsequent
lease payments will increase to $6,577.45.
The payments for the additional allowance will begin on August 15, 2001, with an initial
payment of $5,309.00 and monthly payments of $4,315.98 thereafter. The payments will
continue until August 15, 2011, when the balance of $353,750 will be due and payable. At
that time the City has the option of paying the balance in full, refunding, or refinancing.
LEASE AMENDMENT:
The lease amendment provides additional funding to permit: · Award of Construction Contract; and
· Build-out of the first floor as a future project.
PURCHASE OPTION:
If the option to purchase the building is exercised, the purchase price for the property shall
be as follows:
Lease Year Purchase Price
9th $1,644,357.00
14th $1,081,874.00
19th $ 424,986.00
22nd 0
Exercise Period
6/1/2008 - 5/31/2009
6/1/2013 - 5/31/2014
6/1/2018 - 5/31/2019
6/1/2021 - 7/31/2021
PROJECT DESCRIPTION: This project includes all work necessary to renovate the
second, third and fourth floor of the Frost Building. The City will initially occupy the fourth
floor with the Emergency Management and Emergency Operations Center. The third floor
will house Fire Department Administration, Emergency Medical Administration and Fire
Training Personnel. The second floor will house Fire Prevention and the Local Emergency
Planning Committee.
I~EN GIN EERING~DATAI'~'IOMI~LYNOAS~,GE NtPUBMC FACILITIES~4201 - FROST BU[LDING~BACKGROUND DOC
BID INFORMATION: The project consists of a base bid and five additive alternates. The
City received proposals from nine (9) bidders on January 31, 2001. The bid range for the
base bid is: $578,240 to $642,000.
The Iow bidder, Van Fleet Construction, was deemed non-responsive because the bid
bond failed to name the City of Corpus Christi. The second Iow bidder, Zimmerman
Construction Company, Inc. did not acknowledge addendum # 2 on the proposal form.
The bidder was called forward during the bid opening and verbally acknowledged the
addendum.
The City has historically allowed bidders to verbally acknowledge addenda which
constitutes an irregularity. General Provisions and Requirements For Municipal
Construction Contract, Section B-2-13 states, "the City reserves the right to waive any
irregularities and to make the award in the best interest of the City." Staff recommends the
exercise of this option and that Council waive the irregularity. The two next lowest bidders,
Sal- Con Construction and Marshall Construction were tied for their base bid amount. Sal-
Con Construction has wdtten a protest letter concerning the irregular bid (Attachment One)
and a representative of Marshall Construction appeared in person to voice their concern.
The Legal Department reviewed the complaints, and found it to be within the City's
prerogative to waive the irregularity. A written response (Attachment Two) was mailed to
SaI-Con Construction on Friday, February 9, 2001, and the Legal Department verbally
responded to Marshall Construction.
The Engineer's estimated construction cost for the base bid and additive alternates is
$500,000.00. The City's Consultant, Morgan Spear Associates, Inc., and City staff
recommend that a contract be awarded in the amount of $578,240 to Zimmerman
Construction Company, Inc. for the base bid amount only.
CONTRACT TERMS: The contract specifies that the project will be completed in 120
calendar days, with completion anticipated by early summer.
FUNDING: Funds for this project are available from the appropriations of two "built-out"
allowances provided by Frost Bank.
FINAL PRODUCT: This contract will result in additional office space for various City
Departments including the Emergency Management and Emergency Operations Center,
Fire Department Administration, Emergency Medical Administration, Fire Training
Personnel, and the Local Emergency Planning Committee.
~ENGIN EE RING~DATAI'~HOME~YNDAS~GEN~PU BLOC FACILITIES~42(31 - FROST SUILOING~BACKGROUND DOC
~.0. Box 717'-/1
111 II Iq. ll
February 5, 2001
Mr. 'Angel R. Escobar, P.E.
Director of Engineering Services
The City of Corpus Chdsti, Texas
P.O. Box 9277
Corpus Chdsti, TX 78469
Sent via fax: 880-3501
RE: Frost Bank lease space remodel
Dear Mr. Escobar:
It is our opinion that our bid, as well as Marshal Co. is the best responsive Iow proposal received on
the above-named project and as such have a substantial, economical, financial and business
interest in the proposed announced intention of consideration of awarding the contract on the above-
named project to: Zimmerman Construction.
We hereby claim the alleged Iow-bidder's bid was non-responsive as required by the contract
documents for the following reasons:
Part A, Special Provisions paragraph A-9 Acknowledgment of Addenda, requires the contractor to
acknowledge receipt of all addenda received in the appropriate space provided in the proposal.
Zimmerman's verbal acknowledgement, after all bids were read, does not comply with what it states
in the contract documents and should be considered an irregular proposal per paragraph B-2-13 and
rejected per the guidelines of paragraph B-2-14 of section B of the General Provisions.
Therefore, we hereby protest any award to any other company and allege that our company
submitted the lowest responsive bid and request a hearing for determination.
Please call if you have any questions.
Vice PresidenU Project Manager
cc: Morgan Spear Associates
ATTACHMENT "1"
Page 1 of 1
C ity of
__ _ t-prpus
--_ Christi
February 9, 2001
Mr. Ernest Salazar, Jr.
Vice President/Project Manager
Sal-Con, Inc.
P.O Box 71771
Corpus Christi, Texas 78467-1771
RE: Frost Bank Lease Space Remodel
Dear Mr. Salazar:
I am in receipt of your letter dated Februmy 5, 2001, regarding the Frost Bank remodel
project. I have looked at the provisions of the contract documents you cited to me in support of your
position that Zimmerman Construction Co., Inc. was non-responsive and should not be awarded the
contract as low bidder. I also have had our Legal Depam~xent review your letter. You are correct that
Zimmerman Construction did not acknowledge Addendum No. 2 in their proposal, but did at the bid
opening, as you are aware, orally acknowledge Addendum No. 2. As you are also aware, the
Addendum No. 2 contained only minor changes to the Specifications and Drawings.
Paragraph B-2-13 of the General Provisions and Requirements of the Construction Contract
states in its entirety as follows: "Proposals will be considered irregular if they show any omissions,
failure to t>ror~erl¥ account for duly issued addenda, alterations of form, additions, conditions not
called for, unauthorized alternative bids or irregularities, or qualifications of any kind. However, the
City reserves the right to waive any irregularities and to make the award in the best interest of the
Ciw." (Underlines added).
The city staff is requesting Council to waive the failure of Zimmerman Construction Co. Inc.
to properly account for the Addendum No. 2 in its proposal.
I hope this clarifies the position of the City. Should you have any further questions, please
feel free to contact me.
Sincerely,
'Angel R_ Escobar, P.E.
Director of Engineering Services
City of Corpus Christi
cc: Morgan Spear Associates
James R. Bray, Jr.
jpb/ulq:on-Ilt.do~ Legal
P.O.Box 9277 · Corpus Christi. Texas 71
ATTACHMENT "2"
Page 1 of 1
FROST BANKSPACELEASE REMODEL
PROJECT BUDGET
PROJECT NUMBER: 4201
March 13, 2001
FUNDS AVAILABLE: AMOUNT
Frost Bank"Built-Out" Allowance ............................................................... $ 1,000,000
Fund 530000-1020-11155 ........................................................................ 6,700.00
Fund 550010-1020-11870 ........................................................................ 8,750.00
Lease Purchase Funding (Generator) ......................................................... 93,733.00
TOTAL AVAILABLE: $ 1,109,183
FUNDS REQUIRED: AMOUNT
Construction Base Bid (Zimmerman Construction Company, Inc.) ..................... $ 578,240
Contingencies (10%) .............................................................................. 57,824
Engineering Consultant (Morgan Spear Associates Inc.) ................................. 57,010
Inspection (by Architect) ........................................................................... 9,600
Finance Reimbursements ...................................................................... 5,782
Engineering Reimbursements .................................................................. 14,456
Incidental Expense (Printing, Advertising, etc.) .............................................. 1,500
TOTAL REQUIRED: $ 724,412
Exhibit B
Page I of 1
CITY OF CORPUS CHRISTI
FROST NATIONAL BANK LEASE AGREEMENT
Fiscal Year
1999-2000
2000-2001
2001 -2002
2002-2003
2003-2004
II
*O & M Costs
Cumulative Total
5,678
51,175
192,092
'1 I
COST ANALYSIS SCHEDULE
Debt Service {~&l)~ i Fiscal YearTotal
5,678 i$ - $ 5,678
45,497~1 45,497
114,420 ~ 26,497 140,917
174,771' ! 167,391 342,162
174,771 359,153 I ~533,924
174,771 550,914 i ~725,685
174,771 742,676 ;917,447
174,771 934,437 ' 1,109,208
174,771 i 1,126,199 ] 1,300,970
534,254
1,068,178
2004- 2005 1,793,863
2005- 2006 2,711,310
2006-2007
2007-2008
Conclusions:
TOTAL 1,214,221 $ 3,907,267 i $ 5,121,488 ! $
1. The first window of opportunity to exercise the purchase option will be from 6-1-08 to
3,820,518
5,121,488
15,298,556
5-31-09
2. At that time the purchase price will be $1,644,357.
3. As per the Lease Amendment in the event the purchase option is exercised, the City agrees
to remit the entire amount of the Additional Allowance then owing and unpaid.
'
Assumptions:
1. Cost reflected have been compiled using historical data.
2. Future costs do not include adjustments for inflation.
*NOTE: Ii
O & M Costs include:
1. Taxes
2. Insurancel
3. ElectricalI ,
4. Utilities
5. Janitorial; .
6. Maintenance
' I
7. Garbage
8. Security I
II
, I
9. Rent
,I I I = Schedule
Page 1 of 1
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'AngM Em:obar, P. E., Dir~'tor of Engineering Services
Date: Wedne~lay, January 31, 2001 TIME OF COMPLETION: 120 Calendar Days
ENGINEER'S ESTIMATE: $500,000
Zimmerman Const. Marshall Co. PO SaI-Con
Frost Sank Laa~e SDace Renovations PO Box 366 Burner, Box 4995 Corpus PO Box 71771
Tx 78611 Christi, Tx 78469 Corpus Christi, Tx
DESCRIPTION QTY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AI~;'..UNT
PRICE PRICE PRICE
BA__~:NI labor, materials. $578,240 $585,000 $585,000
servia and e~uipmellt ~ry for
complete new congruence ~ the
renov~t~n of ~he ex~ing Fro~ B~nl~
Leased Building a~ ahawfl in the plans
and specifications exoelX work
indicated by
A~DITIV~ ALTERNATIVE NO, 1; $12,90~ $5,600~ $5,500
Provide unl~®x -how~ ama.
ADOITIVE ALTERNATIVE NO. 2: $1,450 $7,100 $6,500
Provide Conduit for media
connections.
ADDITIVE ALTERNATE NO. 3: $3,160 $3,300
Provide t)uilt-tn cat~ln~e/Po#cy Group
413.
~)DITIVE ALTERNATE NO. 4: $2,695 $2,800 $2,300
Provide wire par~it~m storage ames.
ADDITIVE ALTERNATE NO. 5: $51,960 $52,700 $61,500
Provide m#-up ~torm ahut~r- at
extension windows at 2nd, 3rd, and
~,th flcora.
EXHIBIT "C"
Page 1 of 3
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CI'I'~ OF CORPUS CHRISTI, TEXAS
TABULATED BY: 'Angel E~r, P. E., Dtrec~r of Engineering Services
Date: Wednesday, January 31, 2001 TIME OF COMPLETION: 120 Calendar Oays
ENGINEER'S ESTIMATE: $500,000
D & SS Cons~ucfion ! Barcom Commercial Coastal Contractors
Frost Bank Lee~e Space RenovalJons ' PO Box 8313 Corpus. 1710 SPIO #B Corpus g15 Grant Corpus
Christi, Tx 78412 Christi, TX 78416 Christi, Tx 78411
DESCRIPTION Q'rY. UNIT UNIT AMOUNT UNIT AMOUNT UNIT AMOUNT
PRICE PRICE PRICE
I~ASE BID:All lal3or, materials, $593,000 $599,700 $630,000~
aery! _,'_-~= and equipment necaeMry
for coml~ela new ~on.~mctfon wlffiin
the renovation of the ex~ Frost
Bank Le~aed Bulk:ling a~ ~/x~am in
the plans and ~ except
work indicatacl by MtamMNes
ADDITIVE ALTERNATIVE NO. 1: $8,688 $7,800
Provide unisex st~w~r area.
ADDITIVE ALTERNATIVE NO. 2: $4,196 $4,800 $6,50C
Provide Conduit for mad",
ADDITIVE ALTERNATI~ J,~O. ~: $3,01~ $3,300 $3,00{~
Provide built-in cabinets/Policy Group
413.
ADDITIVE ALTERNATE NO. 4: $3,5781 $4,300 S~'.10(~
Provide wire pe~on storage areas.
ADDITIVE ALTERNATE NO. 5: $66,1281 $62,00C $53,500
Provide mil-up atorm ahutler - It
extanalo~ window~ at 2nd, 3rd, and
4th
EXHIBIT "C"
Page 2 of 3
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING - CiTY OF CORPUS CHRIDTI, TEXAS
TABULATED BY: 'Angel Escobar. P. E., Director of Engineering Services
Date: Wednaeday, January 31, 2001 TIME OF COMPLETION: 120 Calendar Days
ENGINEER'S ESTIMATE: $500,000
CamRett Corp, 3636 HaFoor Construction
Frost Bank Lease Space Renovations S. Alameda Corpus PO Box 260044 Corpus
Christi. TX 78411 Christi, Tx 78426-0044
UNIT AMOUNT UNIT AMOUNT
DESCRIPTION QTY. UNIT )RICE =RICE
BASE ~D:NI I~b~', mat-,nala, $635,500 $642,00U
~ aomlll~ n~v oon~-'ttofl within
he re,ovation of~e exi~ng Frost
B~nk Lea~l Bu/~ling a~ shom~ in
ADDITIVE ALTERNATIVE NO. 1: $8.539; $7,485
ProviOe un-ex el~er area.
ADDITIVE ALTERNATIVE NO. 2: $7,879 $4,473
ProvUe Conduit for media
cennecttona.
,N~DITIVE ALTERNATE NO. 3: $2,979 $3,20~
Provide bulit-ln ca.nets/Policy Group
413.
T T . 4: $3,250 $3,22S
Pmvki~ wire pa~llcxt storage ames.
I . $69,586 $64,540
~ roll-~ ~ shutter - ~t
EXHIBIT "C"
Page 3 of 3
F~le : \Mproject\councilexhibits\exh4201.dwg
LOCATION J/ZAP
NOT TO SCALE
HIGHWAY 57
VICINITY YAP
EXHIBIT "D"
Frost Bank Building
Lease Space Remodel
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I Of 1
DATE: 02 13 2001 ~ ~
AN ORDINANCE
REAPPROPRIATING $458,440 FROM THE FROST NATIONAL BANK
LEASE PURCHASE AGREEMENT IN THE GENERAL FUND NO. 1020,
AMENDING ORDINANCE NUMBER 024130 WHICH ADOPTED THE FY
2000-01 BUDGET BY INCREASING BOTH REVENUES AND
APPROPRIATIONS BY $458,440 IN THE NO. 1020 FUND FOR
IMPROVEMENTS TO THE FROST BANK BUILDING; AND DECLARING
AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That $458,440 is reappropriated from the Frost National Bank Lease Purchase
Agreement in the General Fund No. 1020 for improvements to the Frost Bank Building.
SECTION 2. That Ordinance No. 024130, which adopted the FY 00-01 budget is amended
by increasing both revenues and appropriations by $458,440 in the No. 1020 Fund.
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 ,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVEDTv'x~ I q , 2001; JAMES R. BRAY, JR., CITY ATTORNEY
BY: ~ .v~- ~
Lisa Aguilar~Assistant City Attorney
H:\LEG-DIR\LISA/LISA/ORD3~ORD3.365
AN ORDINANCE
APPROPRIATING $500,000 FROM THE AMENDMENT TO THE FROST
NATIONAL BANK LEASE PURCHASE AGREEMENT IN THE GENERAL
FUND NO. 1020, AMENDING ORDINANCE NUMBER 024130 WHICH
ADOPTED THE FY 2000-01 BUDGET BY INCREASING BOTH REVENUES
AND APPROPRIATIONS BY $500,000 IN THE NO. 1020 FUND FOR
IMPROVEMENTS TO THE FROST BANK BUILDING; AND DECLARING
AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That $500,000 is appropriated from the amendment to the Frost National Bank
Lease Purchase Agreement in the General Fund No. 1020 for improvements to the Frost Bank
Building.
SECTION 2. That Ordinance No. 024130, xvhich adopted the FY 00-01 budget is amended
by increasing both revenues and appropriations by $500,000 in the No. 1020 Fund.
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 role 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 ,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED ~, ~ q ,2001; JAMES R. BRAY, JR., CITY ATTORNEY
Lisa Aguilar, ~ssistant City Attorney
H:LLEG-DIR\LISA~LISA\ORD3\ORD3.366
16
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
DATE:
Tuesday, March 20, 2001
TIME:
During the meeting of the City Council beginning at 2 p.m.
PLACE:
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. Betty Jean Longoria, President calls the meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Betty Jean Longoria, President
Rex A. Kinnison, Vice President
Javier Colmenero
Melody Cooper
Henry Garrett
Arnold Gonzales
John Longoria
Samuel L. Neal Jr.
Mark Scott
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Mary Juarez, Asst. City Secretary
Jorge Cruz-Aedo, Treasurer
Michael Harry, Asst. Treasurer
3. Approve minutes of August 22, 2000.
4. Financial Report.
5. General Manager's Report.
4
Authorizing Execution of an Agreement with Accessible Communities, Inc. (ACl), a
certified CHDO, to provide $104,325 from the HOME Program for the acquisition and
rehabilitation of a building and property located at 1537 7th Street.
Authorizing Execution of an Agreement with LULAC Village Park Apartments to provide
an additional $45,000 from the HOME Program for the completion of Phase 3 of four (4)
phases to their 152-unit development.
Authorizing Execution of an Agreement with Nueces County Senior Citizens, Inc. to
provide $40,000 from the HOME Program to install storm shutters to the 40-unit housing
complex at 1728 Delgado (El Paraiso).
4
Authorizing the Amendment of the Agreement with the Corpus Christi Community
Development Corporation (CCCDC) to provide an additional $500,000 from the HOME
Program to provide assistance to an additional 33 homebuyers.
10. Public comment.
11. Adjournment.
Memo
TO:
FROM:
DATE:
SUBJECT:
Board Members of the Corpus Christi Community Improvement
Corporation
W. Thomas Utter, Assistant City Manager
March 15, 2001
Request for Meeting of the Corpus Christi Community Improvement
Corporation (CCClC) on March 20, 2001
I am requesting that a meeting of the Corpus Christi Community Improvement
Corporation (CCCIC) be held during the Council meeting of March 20, 2001 to consider
the following items:
1. Authorizing Execution of an Agreement with Accessible Communities, Inc.
(ACI), a certified CHDO, to provide $104,325 from the HOME Program for the
acquisition and rehabilitation of a building and property located at 1537 7th
Street: The project consists of the acquisition and renovation of the existing building
and property to provide two (2) fully accessible efficiency units for people with
disabilities in need of transitional housing and related services as they move from
institutions to the community. ACI has received funding from the Texas Health and
Human Services Commission for service coordination for persons with disabilities
from nursing facilities to the community for an 18-month period (October 1, 2000 -
March 31, 2002). ACI is also in the forefront of plans that will allow for persons with
disabilities to move form an institutionalized setting into the community.
2. Authorizing Execution of an Agreement with LULAC Village Park Apartments
to provide an additional $45,000 from the HOME Program for the completion of
Phase 3 of four (4) phases to their 152 unit development: In May 1998, the
CCCIC allocated $399,891 to LULAC Village Park Apartments to rehabilitate the
parking lots, walkways, replace the existing heating system, railings and staircases,
and roofs. LULAC Village Park Apartments, a Section 8 property operating on
government subsidy, provides housing to Iow and moderate income persons and
their families. In the process of carrying out Phase 3, the complex has received a
recommendation from the engineer that the stairways, railings, and soffit areas
would be much more cost effective if they were renovated and replaced with treated
lumber. That request for the treated lumber and additional renovation is in the
amount of $45,000 and will ensure additional longevity of the project.
3. Authorizing Execution of an Agreement with Nueces County Senior Citizens,
Inc. to provide $40,000 from the HOME Program to install storm shutters to the
40-unit housing complex located at 1728 Delgado (El Paraiso): In 1988, through
the efforts of the Community Development staff, who acted as consultant for the
project, Nueces County Senior Citizens, Inc. obtained HUD Section 202 funding for
the construction of a 40-unit housing complex at 1758 Delgado. Nueces County
Senior Citizens, Inc. sponsored the project known as El Paraiso, which was
completed in December 1990. El Paraiso provides housing to the elderly and
persons that are disabled. The shutters will add protection from adverse weather
conditions and provide needed security for the elderly and persons with disabilities.
4. Authorizing the Amendment of the Agreement with the Corpus Christi
Community Development Corporation (CCCDC) to provide an additional
$500,000 from the HOME Program to provide assistance to an additional 33
homebuyers: The Corpus Christi Community Development Corporation (CCCDC),
a federally-chartered corporation with principal membership from local banks, was
provided $500,000 in 1996 for a new construction, single family housing initiative.
Under this program, the Board approved using $15,000 homebuyer assistance to
buy down the cost of a new home and for closing costs. The $15,000 deferred 0%
interest loan is amortized over a 15-year period. The City Council in its Annual
Action Plan previously authorized the use of funds for homebuyer assistance. The
amended and restated contract incorporates these provisions into the CCCDC
contract and extends the program for two additional years.
Funding for all of these requests are available within the FY2000 HOME funds.
Therefore, we are recommending that these four projects be approved.
W. Thomas Utter
Assistant City Manager
MINUTES
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
AUGUST 22, 2000
3:53 p.m.
PRESENT
Board of Directors
Betty Jean Longoria, President
Rex A. Kinnison, Vice President
Javier Colmenero
Henry Garrett
Dr. Arnold Gonzales
John Longoria
Samuel L. Neal Jr.
Mark Scott
Officers
W. Thomas Utter, General Manager
Armando Chapa, Secretary
Jorge Cruz-Aero, Treasurer
Mike Harry, Assistant Treasurer
ABSENT
Melody Cooper
President Betty Jean Longoria called the meeting to order in the Council Chambers of City Hall. Secretary
Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had
been properly posted.
President B. Longoria called for approval of the minutes of the June 13, 2000 meeting. Dr. Gonzales made
a motion to approve the minutes, seconded by Mr. Kinnison, and passed unanimously ( Cooper and J. Longoria
absent).
President B. Longoria called for discussion of the financial report. General Manager Tom Utter said as of
June 30, 2000 the total liabilities and fund balance was $18,649, 223. He explained that all of the CDBG funds for
housing and the HOME Program are funded by the CCCIC and generates $800,000 a year in program income.
President B. Longoria opened discussion on Item 5, general manager's report. Mr. Utter gave a brief report
stating that the CCCIC is the biggest generator of funds because of the yearly payback.
President B. Longoria opened discussion on Item 6, agreement amendment with Nueces County Community
Action Agency (NCCAA). There was no discussion. Mrs. Longoria called for a voice vote and the motion passed
as follows:
Authorizing the execution of an agreement amendment with Nueces County Community Action Agency
(NCCAA) to provide an additional $160,000 from the HOME Program for the homebuyer grant progrmn.
The foregoing motion passed by the following vote: B. Longoria, Colmenero, Garrett, Gonzales, Kinnison,
Scott voting "Aye" (Cooper, J. Longoria, and Neal absent).
President B. Longoria opened discussion on Item 7, execution of an agreement with TG-110 Inc., Inc.
President B. Longoria recognized the improvements at the Lexington Manor Apartments. General Manager Utter
stated that this amendment would be the final stage of improvements for encapsulation of asphalt asbestos floor tile
which ~vas found at the apartments. Ron Anderson, Lexington Manor Apartments, thanked the Board for its efforts.
President B. Longoria called for a voice vote and the motion passed as follows:
Authorizing the execution of an agreement with TG-110, Inc. to provide an additional $02,500 from the
HOME Program for rehabilitation of the Lexington Manor Apartments.
CORPUS CHRISTI COMMUNITY IMPRVMNT. CORP.
AUGUST 22, 2000
PAGE 2
The foregoing motion passed by the following vote: B. Longoria, Colmenero, Garrett, Gonzales, Kiunison,
Neal and Scott voting "Aye"; J. Longoria abstained (Cooper absent).
President B. Longoria opened discussion to Item 8, authorizing an amendment with Community Development
Corporation to increase the Homebuyer Assistance Program. After a brief discussion, President B. Longoria called
for a voice vote and the motion passed as follows:
o
Authorizing the amendment of the agreement with the Community Development Corporation (CDC) to
increase the Homebuyer Assistance Program to $15,000 and to extend the program for two additional years.
The foregoing motion passed by the following vote: B. Longoria, Colmenero, Garrett, Gonzales, Kinnison,
Neal and Scott voting "Aye" (Cooper and J. Longoria absent).
President B. Longoria called for comments from the audience. Rudy Cantu, Nueces County Community
Action Agency (NCCAA), thanked the CCCIC for allowing the NCCAA to participate in the affordable housing
program. Them being no additional business, President B. Longoria declared the meeting adjourned at 4:00 p.m.
on August 22, 2000.
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED BALANCE SHEET
DECEMBER 31, 2000
ASSETS
Cash and investments
Due from U S Government
Mortgages receivable
Accrued interest receivable
Due from Seawall Trust Fund
Loan receivable
Leasehold improvements (net of
accumulated amortization)
Investment in property (net of
accumulated depreciation)
Total assets
Loan Program Special Project HOME Program
Fund Fund Fund
Total
$1,023,734 $68,619 $163,043 $1,255,396
0 0 679,727 679.727
10,446,401 0 5,147,270 15,593,671
3,876 2,635 0 6,511
0 37,039 0 37.039
0 76,397 0 76,397
585,722 0 0 585,722
223,782 21,047 0 244,829
$12,283,515 $205,737 $5,990,040 $18,479,292
LIABILITIES AND FUND BALANCE
Liabilities:
Accounts payable
Bank note payable
Total liabilities
Fund Balance:
Reserved for WDC project
Reserved for Kids in the Neighborhood
Reserved for HOME program
Reserved for mortgages
Reserved for Seawall loan
Unreserved
Total fund balance
$415,669 $0 $739,063 $1,154,732
496,293 0 0 496,293
911,962 0 739,063 1.651,025
209,234 0 0 209,234
88,511 0 0 88,511
475,179 0 0 475,179
10.446.401 0 5,147,270 15,593,671
0 76,397 0 76.397
152,228 129,340 103,707 385,275
11,371,553 205,737 5,250,977 16,828,267
Total liabilities and fund balance $12,283,515 $205,737 $5,990,040 $18,479,292
CITY OF CORPUS CHRISTI
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES
FOR THE FIVE MONTHS ENDED DECEMBER 31, 2000
Revenues:
Contribution from Federal Government
interest on loans
Interest on investments
Rental income
Miscellaneous
Total revenues
Loan Program Special Project HOME Program
Fund Fund Fund
Total
$0 $0 $901,266 $901,266
34,223 0 9,896 44,119
18,319 2,749 363 21,431
68,398 0 0 68,398
1,090 0 42 1,132
122,030 2,749 911,567 1,036,346
Expenditures:
Grants
Warranty Work
Community Development administration
Loan processing
Accounting services
Interest expense
Miscellaneous
Accumulated amortization-
forgivable loans
leasehold improvements
Accumulated depreciation - building
Total expenditures
31,961 0 520,505 552,466
29,386 0 0 29,386
0 0 3,510 3,510
0 0 30,440 30,440
0 0 6,277 6,277
11,225 0 0 11,225
0 0 0 0
6,030 0 183,148 189,178
46,486 0 0 46,486
3,108 0 0 3,108
128,196 0 743,880 872,076
Excess of revenues over expenditures
Other financing soumes(uses):
Operating transfers in(out):
Transfer From Federal/State Grant Fund
Transfer to Federal/State Grant Fund
Total other financing sources(uses)
(6,166) 2,749 167,687 164,270
112,943
(17,342)
95,601
0 0 112,943
0 0 (17,342)
0 0 95,601
Excess (Deficit)of revenues and other financing
sources over expenditures and other uses
Fund balances at August 1,2000
Fund balances at December 31, 2000
89,435 2,749 167,687 259,871
11,282,118 202,988 5,083,290 16,568,396
$11,371,553. $205,737 $5,250,977 $16,828,267
Notes and Comments