HomeMy WebLinkAboutAgenda Packet City Council - 08/21/2001CITY
COUNCIL
AGENDA
City of
Corpus.
Chnst
August 21, 2001
12:00 p.m. - Joint Meeting of the City Council and the Crime Control and Prevention District to
discuss the Crime Control District evaluation, review/update projects, election date, and future
budget years (Baaement Training Room).
1:45 p.m.
Proclamation declaring August 17, 2001 as "Fatherhood Initiative Day"
Proclamation declaring August 21, 2001 as "U.S. Merchant Marines Day"
Certificates of Commendation - Gulf Coast Girls Fast Pitch T-Ball National Champions
Presentation of a plaque to the Rotary Club of Corpus Christi from the Rotary International Convention for hosting
1500 international convention guests in San Antonio
Presentation of a plaque to the Corpus Christi Mustangs from the Rotary International Convention for hosting
1500 international convention guests in San Antonio
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
AUGUST 21, 2001
1:00 P.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the
Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address.
Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please
present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaflol en todas las 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.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Jack L. Carter, Church of the King.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Rex A. Kinnison
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
John Longoria
Jesse Noyola
Mark Scott
City Manager David R. Garcia
City Attorney James R. Bray, Jr.
City Secretary Armando Chapa
Agenda
Regular Council Meeting
August21,2001
Page 2
E. MINUTES:
1. Approval of Regular Meeting of July 24, 2001. (Attachment # 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
Animal Control Advisory Committee
Committee for Persons with Disabilities
Community Youth Development (78415) Program Steering
Committee
C.C. Bay Area Minority Business Opportunity Steering
Committee
Corpus Christi Downtown Management District
Intergovernmental Commission on Drug and Alcohol Abuse
Park and Recreation Advisory Committee
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed as
motions, resolutions, or ordinances. If deemed appropriate, the City Council
will use a different method of adoption from the one listed; may finally pass
an ordinance by adopting it as an emergency measure rather than a two
reading ordinance; or may modify the action specified. A motion to
reconsider may be made at this meeting of a vote at the last regular, or a
subsequent special meeting; such agendas are incorporated herein for
reconsideration and action on any reconsidered item.
CONSENT AGENDA
Notice to the Public
The fo/Iowing items are of a routine or administrative nature. The Council has been
furnished with background and support material on each item, and/or it has been
discussed at a previous meeting. All items will be acted upon by one vote without
being discussed separately un/ess 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 wi//be adopted by one
vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend atthe end of the
agenda summary)
Agenda
Regular Council Meeting
August21,2001
Page 3
(At this point the Council will vote on al~ motions, resolutions and ordinances not
removed for individual consideration.)
Motion approving a supply agreement for photographic film and film
development in accordance with Bid Invitation No. BI-0139-01 with
Back in an Hour Photos, Corpus Christi, Texas, based on only bid for
an estimated annual expenditure of $36,995.20. The term of the
agreement will be twelve months with an option to extend for up to
two additional twelve-month periods, subject to the approval of the
supplier and the City Manager or his designee. The film and film
development is used by various departments throughout the City.
Funds have been budgeted by the using departments in FY2001-
2002. (Attachment # 3)
Motion approving supply agreements with the following companies for
the following amounts for an estimated 660 replacement batteries for
two-way radios in accordance with Bid Invitation No. BI-0119-01,
based on best bid for an estimated annual expenditure of $41,651.52.
The term of the contracts will be for twelve months with options to
extend for up to two additional twelve-month periods, subject to the
approval of the suppliers and the City Manager or his designee. The
replacement batteries are used by various City departments. Funds
have been budgeted in FY2001-2002. (Attachment # 4)
ComLink Wireless Technologies, Inc.
Grapevine, TX
Items 1,2
484 Units
$31,214.72
OSI Batteries
San Marcos. CA
Item 3
176 Units
$10,436.80
Total of Awards: $41,651.52
Motion approving a supply agreement with Fisher Scientific Company,
Houston, Texas, for laboratory supplies consisting of various
chemicals and supplies in accordance with Bid Invitation No. BI-0120-
01, based on only bid for an estimated annual expenditure of
$43,000. 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 in FY2001-2002 by the Water and Health
Departments. (Attachment # 5)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August21,2001
Page 4
lO.a.
Motion authorizing the City Manager or his designee to execute
Change Order No. 6 to increase the escrow amount with the Texas
Department of Transportation in the amount of $80,507.64 as part of
the Kostoryz Road Improvements from Holly Road to Saratoga
Boulevard construction contract in accordance with the Advanced
Funding Agreement. (Attachment # 6)
Ordinance authorizing the City Manager or his designee to execute a
Use Privilege Agreement with Koch Petroleum Group, L.P. for the
right to install and maintain two 6" diameter casings containing fiber
optic cable approximately 70-feet across the Up River Road right-of-
way in the 8700 Block of Up River Road, approximately 460-feet east
of the Clarkwood Road Street right-of-way, connecting Koch facilities
on either side of said right-of-way; establishing a fee of $390.
(Attachment # 7)
Resolution authorizing the City Manager or his designee to execute
a State Funded Grant Agreement with the Texas Natural Resource
Conservation Commission in the amount of $884,600 for air quality
planning activities. (Attachment # 8)
Ordinance appropriating $884,600 from the Texas Natural Resources
Conservation Commission in the No. 1050 Federal/State Grants Fund
for air quality planning activities. (Attachment # 8)
Motion authorizing the City Manager or his designee to execute
Attachment Nos. 2, 3, and 4 to Contract No. 7460005741-2002 in the
total amount of $408,521 with the Texas Department of Health in the
amount of $162,823 for tuberculosis prevention, $117,975 for public
health administrative services and $127,723 for immunization
services. (Attachment # 9)
Ordinance appropriating a grant from the Texas Department of Health
in the amount of $408,521 in the No. 1050 Federal/State Grants Fund
as follows: $162,823 for tuberculosis prevention and control;
$117,975 for public health administrative services; and $127,723 for
immunization services. (Attachment # 9)
Motion authorizing the City Manager or his designee to accept two
grants totaling $7,500 from the Texas Book Festival. (Attachment
# 10)
CITY COUNCIL
PRIORITY ISSUES
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agenda sumrnar~)
Agenda
Regular Council Meeting
August21,2001
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
10.b.
11.
12.a.
12.b.
13.
14,a.
14.b.
Ordinance appropriating $7,500 from the Texas Book Festival in the
No. 6010 Trust Fund to purchase library materials for the Janet F.
Harte, Northwest and Greenwood Libraries; amending the FY01-02
Budget, adopted by Ordinance No. 024528, to increase
appropriations by $7,500 in the No. 6010 Trust Fund - Library.
(Attachment # 10)
Motion authorizing the City Manager or his designee to execute a
contract with Tiburon, Inc. in the amount of $98,875 for maintenance
and software support services on the Police Department's Records
Management, ComputerAided Dispatching, Mobile Data Computers,
and Automated Vehicle Location Systems. The term of the contract
is one year. (Attachment # 11)
Motion authorizing the City Manager or his designee to accept a grant
in the amount of $54,781 from the State of Texas, Criminal Justice
Division for funding available under the Victims of Crime Act (VOC^)
Fund and to execute all related documents. (Attachment # 12)
Ordinance appropriating $54,781 from the State of Texas, Criminal
Justice Division in the No. 1050 Federal/State Grants Fund for
funding available under the Victims of Crime Act (VOCA) Fund;
transferring $7,695 from the No. 6010 Law Enforcement Trust Fund
and appropriating it in the No. 1050 Federal/State Grants Fund as
grant matching funds. (Attachment # 12)
Motion authorizing the City Manager or his designee to enter into an
agreement with artist Deborah Males to provide public art for the
Garden Senior Center in the amount of $8,000. (Attachment # 13)
Motion authorizing the City Manager or his designee to accept funding
in the amount of $30,322.77 from the West Oso Independent School
District E=MC2, 21st Century Grant Program to provide a structured
after school and school holiday recreation program, in addition to a
one time camping experience for junior high school youth.
(Attachment # 14)
Ordinance appropriating a $30,322.77 grant from the West Oso
Independent School District's E=MC2 21st Century Grant Program in
the No. 1050 Federal/State Grants Fund to provide an After School
T~ ,? ~
Agenda
Regular Council Meeting
August21,2001
Page 6
14.c.
15.a.
15.b.
15.c.
16.a.
16.b.
Program, a Vacation Day Program, and a Camping Trip during the
school year at West Oso Junior High School. (Attachment # 14)
Resolution authorizing the City Manager or his designee to execute
an Interlocal Cooperation Agreement with West Oso Junior High
School to provide school year programs to youth ages 12 to 16 years
in consideration of the payment of $30,322.77 and use of West Oso
Junior High School Facilities. (Attachment # 14)
Motion to accept the Child and Adult Care Food Program (CACFP),
a grant from the Texas Department of Human Services in the amount
of $276,382, to provide after school snacks to youth enrolled in after
school enrichment programs for FY2001-2002. (Attachment # 15)
Ordinance appropriating a $276,382 g rant from the Texas Department
of Human Services in the No. 1050 Federal/State Grants Fund to
provide an after school supplement (snack) for youth enrolled in
Corpus Christi Independent School District after school activity
programs during the school year. (Attachment # 15)
Resolution authorizing the City Manager or his designee to execute
an Interlocal Cooperation Ag reement with Corpus Christi Independent
School District for the after school snack - Child and Adult Care Food
Program. (Attachment # 15)
Motion authorizing the City Manager or his designee to execute a
contract with the Texas Department of Protective and Regulatory
Services for funding in the amount of $500,000 from the Community
Youth Development Program for the 78415 Zip Code for projects as
recommended by the Community Youth Development Steering
Committee for FY2001-2002. (Attachment # 16)
Ordinance appropriating a $500,000 grant from the Texas Department
of Protective and Regulatory Services in the No. 1060 Federal/State
Grants Fund for the Community Youth Development Program in the
78415 Zip Code area. (Attachment # 16)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda surnma~)
16.c.
Motion authorizing the City Manager or his designee to execute a
subcontract with the Boys and Girls Club of Corpus Christi in the
amount of $20,318 to provide services for youth ages 17 years of age
and under in the 78415 Zip Code area. (Attachment # 16)
Agenda
Regular Council Meeting
August21,2001
Page 7
16.d.
16.e.
16.f.
17.
18.
19.
20.
Motion authorizing the City Manager or his designee to execute a
subcontract with Communities in Schools, Inc. in the amount of
$351,218 to provide services for youth ages 6 to 17 in the 78415 Zip
Code area. (Attachment # 16)
Motion authorizing the City Manager or his designee to execute a
subcontract with the Park and Recreation Department in the amount
of $20,449 to provide services for youth ages 6 to 17 in the 78415 Zip
Code area. (Attachment # 16)
Motion authorizing the City Manager or his designee to execute a
subcontract with Youth Odyssey, Inc. in the amount of $33,714 to
provide services for youth ages 12 to 17 in the 78415 Zip Code Area
(Attachment # 16)
First Reading Ordinance - Amending the Code of Ordinances
Chapter 53 - Traffic, Article VIII. Schedules, Sections 53-250- 53-258,
Section 53-250 - Schedule I, One-way Streets and Alleys, Subsection
(a-l) School Areas, by establishing a one-way traffic pattern north on
Palmira Drive in the direction from Almeria Avenue to Encantada
Avenue during the school hours of Seashore Learning Center Charter
School; providing for penalties. (Attachment # 17)
Ordinance amending the Code of Ordinances Chapter 53 - Traffic,
Section 53-254, Schedule V, Increase of State Speed Limit in Certain
Zones, by decreasing the speed limit on Up River Road from 40 to 35
MPH between Harney Road and a point approximately 1,200-feet
west of Rehfield Road; providing for penalties. (Attachment # 18)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a ten-year lease with the Corpus Christi Model
Railroad Club, Inc., a non-profit organization, for the use of City
property at 821 Louisiana Avenue for recreational purposes and in
consideration of Corpus Christi Model Railroad Club, Inc., maintaining
the premises and improvements and opening the facility to the public.
(Attachment # 19)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute a five-year lease with Great Western Soccer
League, a non-profit organization, for the use of City property, to wit:
Terry and Bobby Labonte Park, for its soccer program and in
CITY COUNCIL
PRIORITY ISSUES
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agenda surnma~)
Agenda
Regular Council Meeting
August21,2001
Page 8
21.
22.
23.
24.
25.
J.
26.a.
26.b.
consideration of Great Western Soccer League maintaining the
premises and improvements. (Attachment # 20)
First Reading Ordinance - Authorizing the City Manager or his
designee to execute Lease No. DTFA07-02-L-00805, on land at
Corpus Christi International Airport, terminating September 30, 2002,
with option to renew annually through September 30, 2011, with the
U.S. Department of Transportation, Federal Aviation Administration
(FAA) for the operation of an engine generator and underground fuel
tank in consideration of the obligations assumed by the FAA in its
establishment, operation and maintenance of the facilities upon the
leased premises. (Attachment # 21
Second Reading Ordinance - Changing the name of Elbow Drive to
Pescadores Drive between Almeria Avenue and Park Road 22. (First
Reading - 7/24/01) (Attachment # 22)
Second Reading Ordinance -Amending Section 53-97 of the City of
Corpus Christi Code of Ordinances to update statutory references, to
allow permitted vehicles access onto non-roadway areas, and to
provide for issuance of access permits. (First Reading - 7/24/01)
(Attachment # 23)
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
2:00 P.M. - Presentation by the Texas Department of Transportation
on Crosstown Expressway Extension Interchange and other local
projects (Attachment # 24)
Water Supply Update (Attachment # 25)
PUBLIC HEARINGS:
Public Hearing to consider Zoning Ordinance Text Amendments
(Attachment # 26)
First Reading Ordinance - Amending the Zoning Ordinance by
revising Article 3, Definitions, Article 4A, "F-R" Farm-Rural District
Regulations; Article 4B, "RE" Residential Estate District Regulations;
Article 4C, "PA" One-family Dwelling District Regulations; Article 5, "R-
lA" One-family Dwelling District Regulations; Article 6B, "R-TH"
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August21,2001
Page 9
26.c.
26.d.
26.e.
27.a.
27.b.
Townhouse Dwelling District Regulations; Article 7, "R-2" Multiple
Dwelling District Regulations; Article 8, "A-1 "Apartment House District
Regulations; Article 8A, "A-lA" Apartment House District Regulations;
Article 9, "A-2" Apartment House District Regulations; Article 10, "AT"
Apartment - Tourist District Regulations; Article 11, "AB" Professional
Office District Regulations; Article 12A, "B-lA" Neighborhood
Business District Regulations; Article 14A, "BD" Corpus Christi Beach
Design District Regulations; Article 15, "B-3" Business District
Regulations; Article 16, "B-4" General Business District Regulations;
Article 22, Parking Regulations; and Article 29, The Board of
Adjustment. (Attachment # 26)
First Reading Ordinance - Amending the Zoning Ordinance by
revising Article 3 by adding a definition of kennel and Article 20,
Section 20-5 and Article 21, Section 21-6 by requiring buildings and
structures used to house animals, birds, and poultry at animal
shelters, kennels, and commercial establishments that raise animals,
poultry, and birds within an "1-2" Light Industrial District and "1-3"
Heavy Industrial District to be set back at least 100 feet from any
required yard lines if abutting or adjoining a residential district.
(Attachment # 26)
First Reading Ordinance - Amending the Code of Ordinances, City of
Corpus Christi, Chapter 6, Animal Control, regarding commercial
permits, fees, and spacing requirements, and providing for penalties.
(Attachment # 26)
First Reading Ordinance - Amending the Code of Ordinances, City of
Corpus Christi, Chapter 19, Food and Food Establishments, regarding
required separation between food establishments and kennels and
other businesses used to house animals, and providing for penalties.
(Attachment # 26)
SALE OF PARK LANDS:
Public Hearing to determine the feasibility of selling certain park
lands. (Attachment # 27)
Resolution authorizing the City Manager or his designee to execute
all necessary documents to sell or otherwise dispose of City park
lands. (Attachment # 27)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August 21,2001
Page 10
28.
29.
ZONING CASES:
Case No. 0701-03, Alfonso G. Benavides: A change of zoning from
"R-1B" One-family Dwelling District to a "B-1" Neighborhood Business
District on Rolling Acres No. 1, being the northwesterly 107 feet of
Tract 16, located on the south side of Leopard Street, approximately
220 feet east of Roundtree Circle. (Attachment # 28)
Planning Commission Recommendation: Approval of the "B-I"
Neighborhood Business District.
Staff's Recommendation: Denial of the "B-1" Neighborhood Business
District.
ORDINANCE
Ordinance amending the Zoning Ordinance, upon application by
Alfonso G. Benavides, by changing the Zoning Map in reference to
the northwesterly 107 feet of Tract 16, Rolling Acres No. 1, from "R-
lB" One-family Dwelling District to "B-I" Neighborhood Business
Distrct, amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
Case No. 0701-02, Kings Crossing Realty. Ltd.: A change of zoning
from an "R-lB" One-family Dwelling District, "B-l" Neighborhood
Business District, and "B-4" General Business District to an "R-lC"
One-family Dwelling District on Flour Bluff and Encinal Farm and
Garden Tracts, Section 10, being 15.54 acres out of Lots 17 and 18,
located along the south side of Yorktown Boulevard and east side of
South Staples Street. (Attachment # 29)
Planning Commission's and Staff's Recommendation: Approval of the
"R-lC" One-family Dwelling District.
ORDINANCE
Ordinance amending the Zoning Ordinance, upon application by
King's Crossing Realty, Ltd., by changing the Zoning Map in reference
to 15.54 acres out of Lots 17 and 18, Section 10, Flour Bluff and
Encinal Farm and Garden Tracts, from "R-1B' One-family Dwelling
District, "B-I" Neighborhood Business District, and "B-4" General
Business District to "R-lC" One-family Dwelling District; amending the
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August21,2001
Page 11
Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
30.a.
Motion to amend prior to Second Reading the Ordinance regarding
tethering of animals by substituting a revised Ordinance. (Attachment
# 30)
30.b.
Second Reading Ordinance - Amending the City Code of Ordinances,
City of Corpus Christi Chapter 6, Animal Control, Article I in General,
Section 6-2 Definitions and Article IV Care and Keeping of Animals by
adding new Section 6-39, regarding the restraint of a dog by means
of a tether; providing for an effective date. (First Reading - 5/15/01)
(Attachment # 30)
31.a.
First Reading Ordinance - Amending the Code of Ordinances,
Chapter 29, Municipal Courts, by creating Section 29-51, Municipal
Court Collection Fee, to create new collection fee for defendants with
delinquent Municipal Court Payment Orders in an amount of 30% of
each delinquent payment order; and providing for an effective date.
(Attach ment# 31)
31.b.
Motion authorizing the City Manager or his designee to execute a
revision to Section 4.0 Compensation and Section 6.1, Scope of
Services of the existing agreement with Linebarger, Heard, Goggan,
Blair, Graham, Pena, and Sampson, LLP to collect outstanding fines
on behalf of the City. (Attachment # 31)
32.
Resolution approving the Resolution authorizing the issuance of notes
by the Corpus Christi Business and Job Development Corporation
and the execution of a Sales Tax Remittance Agreement and a
Project Agreement with respect to the Arena Project. (Attachment
# 32)
33.
Motion authorizing the City Manager or his designee to execute an
engineering services contract with Urban Engineering in the amount
of $89,700 for the Rodd Field Village Improvement District Project.
(Attachment # 33)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August21,2001
Page 12
34.
35.
Motion authorizing the City Manager or his designee to execute
Amendment No. 5 to an engineering services contract with HDR
Engineering, Inc. in the amount of $435,000 for the Rincon Channel
Pipeline Project. (Attachment ft 34)
Discussion and consideration of City's participation regarding military
base closure initiatives and possible funding for South Texas Military
Facilities Task Force.
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE COUNCIL
MEETING, WHICHEVER IS EARLIER. 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-espa/~ol en la 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.
EXECUTIVE SESSION:
PUBLIC NOT/CE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss matters
listed on the agenda, when authorized by the provisions of the Open
Meetings Act, Chapter 551 of the Texas Government Code. In the event the
Council elects to go into executive session regarding an agenda item, the
section or sections of the Open Meetings Act authorizing the executive
session will be publicly announced by the presiding officer.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
August21,2001
Page 13
36.
37.
38.
39.
40.
Executive session pursuant to Texas Government Code Section
551.071 regarding City of Edinburg et al v. Central Power and Light
Company, 92°d District Court, Hidalgo County, Texas, with possible
discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section
551.071 regarding City of Mercedes et al v. Reata Industrial Gas, L.P.
et al, No. C-2262-97-G, and City of Weslaco et al v. Reata Industrial
Gas, L.P. et al No. C-2776-97-G, 370th District Court, Hidalgo County,
Texas, with possible discussion and action related thereto in open
session.
Executive session pursuant to Texas Government Code Section
551.071 regarding City of San Benito v. PG&E Gas Transmission,
Texas, and remaining claim of City of Corpus Christi related thereto,
with possible discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section
551.071 regarding Five Citizens of Corpus Christi v. City of Corpus
Christi et al, No. 00-275-G, 319th District Court, Nueces County, Texas
with possible discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section
551.071 regarding City of Corpus Christi v. John Cornyn, Attorney
General of Texas, No. GV 102410,261 st District Court, Travis County,
Texas, with possible discussion and action related thereto in open
session.
REPORTS:
The following reports include questions by Council to Staff regarding City
policies or activities; request by Council for information or reports from Staff;
reports of activities of individual Council members and Staff; constituent
concerns; current topics raised by media; follow-up on Staff assignments;
scheduling of future Council meetings and activities; and other brief
discussions regarding city-related matters.
41. CITY MANAGER'S REPORT
* Upcoming Items
42. MAYOR'S UPDATE
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
August 21,2001
Page 14
43.
O.
NOTE:
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance to
City Hall, 1201 Leopard Street, at 3:30 p.m., Auqust 17 ,2001.
Armando Chapa /~'t._
City Secretary
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
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2001-2002
CITY COUNCIL GOALS
AND
PRIORITY ISSUES
I ~CONTINUING PRIORITY ISSUES
Airport / Seawall / Convention Center / Arena
· Continue quarterly reporting process for these initiatives.
'86 Bond Issue Improvements
* Update status on Senior Centers.
Provide communication on completion of these projects (e.g. "Report to the Community").
· Continue community involvement on issues such as Leopard Street improvements.
Privatization / Re-Engineering
· Clearly define "privatization" and "re-engineering."
· Make decisions regarding privatization and re-engineering in the next 12-24 months, with
discussions within 90 days.
· Establish process to identify what services can and cannot be pfivatized.
· Continue focus on park maintenance.
Finance
· Maintain the 5-year forecast model.
· Review the August 1 budget adoption deadline.
Crime Control and Prevention
· Continue implementation of the Community Policing initiative.
· Establish date for Crime Control and Prevention District election.
Continue City participation in Youth Opportunities United and other youth crime initiatives.
Employee Health Care
· Address concerns related to employee compensation and benefits, including health insurance.
· Work to coordinate Police and Fire health benefits with those of other City employees
Economic Development Sales Tax
· Establish election date.
Storm Water Utility
· Reeousider implementation plan for a Storm Water Utility.
Packerv Channel
· Continue quarterly repons on the progress of the TIF and Beach Restoration Project.
L#ndirfll
· Continue to evaluate the efficiency and effectiveness of operations.
· Examine alternatives for solid waste management system, including privatization.
Interact
· Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permitting process.
· Comm-nlcate brush pickup via e-mail.
CDBG
· Continue active role.
Frost Bank Buildin~
· Lease and complete renovation
Annexation Plan
· Implement current island annexation plan
ADA Transition Plan
· Develop and approve ADA Transition Plan within 90 days.
Redistricting
· Develop Council-approved redistricting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District conwacts and determine date for approval
Council Action Items
· Staff completes action requests in a timely manner.
City / County Health Issues
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marketing of CC Museum and Columbus Ships
· Continue to develop marketing plans for the Museum of Science and HistoE¢ and the
Columbus Fleet
NEW PRIORITY INITIATIVES AND ISSUES
City staff will develop and present to City Council action/implementation plans for the following priority
~ Desalination Pilot Project
I~l *Code Enforcement in Trashy Neighborhoods
{~ *Employee Classification Study
Ma ster Drainage Plan
Garwood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Police Contracts
New Funding Sources / Plan for Inner City Improvements
Improve Permitting Process (online / customer service)
Padre Island Developmem Plan
Downtown / South Central Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
-- **Road Projects
Southside Traffic Plan
Relationships with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and Gutters
Economic Development Summit and Post-Smnmit Meetings
Agnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Traffic Controls (channeling, studying on/off ramps on SPIT))
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA--Public Improvements
Arts and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
M1NUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 24, 2001
12:10 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex A. Kinnison
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
John Longoria
Jesse Noyola
Mark Scott
City Staff:
City Manager David R. Garcia
Deputy City Manager George Noe
City Attorney James R. Bray Jr.
City Secretary Armando Chapa
Recording Secretary Rachelle P. Ram6n
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Rev. Ed Seeger, Corpus Christi Metro Ministries, and the Pledge of Allegiance to
the United States flag was led by Council Member Longoria. City Secretary Chapa called the roll
and verified that the necessary quorum of the Council and the required charter officers were present
to conduct the meeting. Mayor Neal called for approval of the minutes of the regular Council
meeting of July 17, 2001. A motion was made and passed to approve the minutes as presented.
Mayor Neal called for consideration of the consent agenda (Items 2-32). No items were
discussed. City Secretary Chapa polled the Council for their votes and the following were passed:
2. M2001-274
Motion approving a supply agreement with Metrocall, Corpus Christi, Texas, for radio
paging service in accordance with the State of Texas Cooperative Purchasing Program, for
an estimated two-year expenditure of $124,272. The term of the agreement will be for two
years with an option to extend for up to two additional years, subject to the approval of the
supplier and the City Manager or his designee. This service will be utilized by all City
departments requiring radio paging service. Funds have been budgeted by the using
departments in FY00-01 and requested for FY2001-2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kirmison, Longoria, Noyola, and Scott voting "Aye."
3. M2001-275
Motion approving a supply agreement with Bay, Ltd., Corpus Christi, Texas for
Minutes- Regular Council Meeting
July 24,2001
Page 2
approximately 20,000 tons of hot mix asphalt in accordance with Bid Invitation No. BI-0165-
01 based on low bid for an estimated annual expenditure of $609,800. The term of the
agreement shall be for twelve months with an option to extend for up to two additional
twelve-month periods, subject to the approval of the suppliers and the City Manager or his
designee. Funds have been requested for FY2001-2002.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-276
Motion approving a purchase of one 1250 GPM pamper fire truck from the Houston-
Galveston Area Council of Governments (HGAC) for the total amount of $382,105.89. The
award is based on the Cooperative Purchasing Agreement with HGAC. Funds have been
requested in the FY2000-2001 Budget. This item is a replacement.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-277
Motion approving a purchase of eight (8) covered picnic tables and five (5) trash receptacles
from the following companies for the following amounts in accordance with Bid Invitation
No. BI-0160-01, based on low bid meeting specifications for a total of $29,849. These items
will be used by the Park and Recreation Depathnent for the "Bay Trail Project." Funds have
been budgeted by Park and Recreation in FY2000-2001.
BJ's Park and Recreation Products Paul E. Allen, Co. Grand
Magnolia. TX Austin. TX Total:
Item 1 Item 2 $29,849
$27,224 $2,625
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-278
Motion approving the purchase of computer network equipment and software from the
following companies for the following amounts, in accordance with the State of Texas
Cooperative Purchasing Program for a total amount of $156,197.30. Funds are provided in
the Juvenile Accountability Incentive Block Grant.
Southwestern Bell DataComm Allvest Information Services Inc./Assessments.com
Corn_ us Christi. TX Seattle, WA
$108,857.40 $42,688
Minutes - Regular Council Meeting
July 24, 2001
Page 3
DELL Marketing LP
Round Rock. TX
$4,651.90
Grand Total: $156,197.30
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
7. M2001-279
Motion approving the purchase of 32 traffic signal video cameras and 16 traffic signal video
processors from the following companies for the following amounts, in accordance with Bid
Invitation No. BI-0171-01, based on low bid, for a total of $124,760. Funds have been
budgeted by the Street Services Department in FY2000-2001.
Texas Highway Products
Round Rock. TX
Item 1 - $69,600
Control Technologies Inc.
Tomball. TX
Items 2 & 3 - $55,160
Grand
Total:
$124,760
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-280
Motion approving the purchase of one computerized wheel alignment system from Nuway
Engine Plating, Corpus Christi, Texas, in accordance with Bid Invitation No. BI-0170-01,
based on low bid, for a total amount of $23,547. This equipment will be used by
Maintenance Services and is a replacement. Funds are available in the FY2000-2001 Capital
Outlay Fund.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-281
Motion approving the purchase of nine heavy trucks in accordance with Bid Invitation No.
BI-0155-01 from the following companies for the following amounts, based on low bid and
low bid meeting specifications, for a total amount of $496,850. Eight units are replacements
and one unit is an addition to the fleet. Funds are available in the FY2000-2001 Capital
Outlay Fund.
Crosstown Ford Sales
Comus Christi. TX
2 Units - $135,941
Fleetpride Power Equipment
Comus Christi. TX
5 Units - $286,409
Padre Ford
Comus Christi. TX
2 Units - $74,500
Grand Total: 496,850
Minutes- Regular Council Meeting
July 24,2001
Page 4
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kirmison, Longoria, Noyola, and Scott voting "Aye."
10. M2001-282
11.
12.
13.
Motion approving the purchase of 2,400 feet of 12" coated and wrapped steel pipe in
accordance with Bid Invitation No. BI-0172-01 from Texas Pipe and Supply Company,
Corpus Christi, Texas, based on low bid for a total of $33,048. The pipe will be used by the
Gas Department. Funds have been budgeted by the Gas Department in FY2000-2001.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-283
Motion approving the purchase of five (5) automatic refrigerated samplers from Wingo
Equipment Company, The Woodlands, Texas, in accordance with Bid Invitation No. BI-
0167-01, based on low bid for a total of $19,575. The samplers will be used by the
Wastewater Department and are replacements. Funds are available in the FY2000-2001
Capital Outlay Fund.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-284
Motion approving the purchase of one 125-kilowatt standby generator and one 500KVA
emergency generator from Stewart and Stevenson, Corpus Christi, Texas, in accordance with
Bid Invitation No. BI-0145-01, based on low bid and low bid meeting specifications, for a
total of $78,753. The 125-kilowatt standby generator will be used by the Gas Department.
Funds are available in the FY2000-2001 Capital Outlay Fund. The 500KVA emergency
generator will be used at the Frost National Bank Building located at 2402 Leopard Street.
Funds are budgeted in the No. 1020 General Fund for improvements to the Frost Bank
Building in FY2000-2001.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-285
Motion authorizing the City Manager or his designee to execute a construction contract in
the amount of $145,300 with Sal-Con Inc. for the renovation of senior and recreation centers
at the following sites: Lindale Recreation Center and Lindale Senior Center.
Minutes - Regular Council Meeting
July 24, 2001
Page 5
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
14.a. RESOLUTION NO. 024509
Resolution authorizing the City Manager or his designee to enter into the second addendum
to the intergovernmental agreement with Del Mar College District for the addition of four
classrooms to the Central Kitchen project.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
14.b. ORDINANCE NO. 024510
Ordinance appropriating $471,400 from the Del Mar College District Fund in the No. 1050
Federal/State Grants Fund for the addition of four classrooms in conjunction with the Central
Kitchen project.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
14.c. M2001-286
Motion authorizing the City Manager or his designee to execute a construction contract with
Van Fleet Construction in the amount of $1,110,800 for the Senior Community Services
Central Kitchen project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
15. M2001-257
16.
Motion authorizing the City Manager or his designee to execute a construction contract with
Mendez Construction Company in the amount of $257,066.29 for the renovation and
development of the following existing parks: Los Encinos Park, Parker Park, South Bluff
Park, and St. Andrews Park.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-288
Motion authorizing the City Manager or his designee to execute a construction contract with
Coastal Bend Fire Protection in the amount of $133,822 for the Corpus Christi Museum of
Minutes - Regular Council Meeting
July 24, 2001
Page 6
Science and History fire suppression system.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
17. M2001-289
Motion authorizing the City Manager or his designee to execute a construction contract with
Berryman Roofing and Construction Inc. in the amount of $51,000 for the Convention Center
roof repairs 2001 project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
18. M2001-290
Motion authorizing the City Manager or his designee to execute a construction contract with
Bruton/Gomez and Company Inc. in the amount of $23,890 for the Fire Station No. 9 re-roof
2001 project.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kiunison, Longoria, Noyola, and Scott voting "Aye."
19. M2001-291
Motion authorizing the City Manager or his designee to execute a construction contract with
W.T. Young Construction Company in the amount of $273,000 for the stormwater pump
station valves replacement and draw down pump addition.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
20. M2001-292
Motion authorizing the City Manager or his designee to execute a professional services
agreement in an amount not to exceed $75,000 with Rimlms Consulting Group Inc. for
indoor air quality and environmental services.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
21. ORDINANCE NO. 024511
Ordinance appropriating $8,970.83 from Brighton Village Unit 7C developer's contribution
Minutes - Regular Council Meeting
July 24, 2001
Page 7
to Drainage Channel No. 31 in the No. 6010 Drainage Channel 31 Trust Fund; amending
Ordinance No. 024130, which appropriated the trust funds, by adding $8,970.83 to the No.
6010 Drainage Channel 31 Trust Fund.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
22.a. ORDINANCE NO. 024512
Ordinance appropriating $826.65 from the Coastal Bend Council of Governments in the No.
1050 Federal/State Grants Fund for a tool box for city vehicle number 2027 and a digital
camera for the local Solid Waste enforcement program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
22.b. ORDINANCE NO, 024513
Ordinance appropriating $826.65 from the Coastal Bend Council of Governments in the No.
1050 Federal/State Grants fund to enhance and expand community cleanup events.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
23.a. M2001-293
Motion authorizing the City Manager or his designee to execute all documents necessary to
accept and implement the FY2001 Consolidated Annual Action Plan for Community
Planning and Development (CPD) Programs that include the CDBG, ESG and HOME
Programs.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
23.b. ORDINANCE NO. 024514
Ordinance appropriating $8,446,519 in the Federal/State Grants Fund No. 1050 for the
FY2001 Consolidated Annual Action Plan for Community Planning and Development
Program projects/activities that includes: 1) $6,281,519 composed of $5,082,000 for FY2001
Community Development Block Grant (CDBG) projects, $750,000 of program income, and
$310,736 of reprogrammed funds in addition to $138,783 that will be brought forward; 2)
$173,000 for FY2001 Emergency Shelter Grant (ESG) activities; and 3) $1,992,000 for the
FY2001 Home Investment Parmership (HOME) Program for projects/activities approved by
the City Council on May 15, 2001 (Ordinance No. 024459).
Minutes - Regular Council Meeting
July 24, 2001
Page 8
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
24. M2001-294
25.
Motion authorizing the City Manager or his designee to execute submcipient agreements for
funds provided from the FY2001 Community Development Block Grant (CDBG) Program
and the FY2001 Emergency Shelter Grant (ESG) Program.
a. Boys and Girls Club of Corpus Christi - $75,000 for improvements to the facility
located at 3902 Greenwood Drive.
b. Coastal Bend Community Foundation - $100,000 for historic preservation to Artesian
Park located at 813 North Chaparral Street.
c. Corpus Christi Hope House - $25,000 for ADA and facility improvements located
at 658 and 630 Robinson Drive.
d. Corpus Christi Independent School District - Rose Shaw Special Emphasis School -
$33,985 for the development of an appropriate playground for young children to
include ADA accessibility at 844 Virginia Street.
e. Corpus Christi Metro Ministries Inc. - $69,405 for facility improvements located at
1906 and 1919 Leopard Street.
f. Gulf Coast Council of La Raza - $30,000 for ADA and facility improvements located
at 721 Omaha Street.
g. Nueces County Community Action Agency - $80,000 for minor repairs that will
supplement their weatherization program.
h. YWCA Corpus Christi - $29,557 for ADA improvements to their facility located at
4601 Corona Drive.
i. Catholic Char/ties of Corpus Christi Inc. - $10,000 for homeless activities.
j. Corpus Christi Hope House Inc. - $10,000 for homeless activities.
k. Corpus Christi Metro Ministhes Inc. - $50,000 for homeless activities.
1. Gulf Coast Council of La Raza o $25,000 for homeless activities.
m. The ARK Assessment Center and Emergency Shelter for Youth - $10,000 for
homeless activities.
n. The Salvation Army - $25,000 for homeless activities.
o. The Women's Shelter - $43,000 for homeless activities.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
M2001-295
Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural
Commission, consisting of arts specialists, to review applications for the FY2001-2002 Arts
Subgrant Program.
The foregoing motion assed by the following vote: Neal, Chesney, Colmenero, Garrett,
Minutes - Regular Council Meeting
July 24, 2001
Page 9
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
26.a. M2001-296
Motion authorizing the City Manager or his designee to accept a renewal grant in the amount
of $200,803 and execute a contract with the Corporation for National and Community
Service for the continuation of the Senior Companion Program.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
26.b. ORDINANCE NO. 024515
27.
Ordinance appropriating $200,803 from a grant awarded by the Corporation for National and
Community Service in the No. 1050 Federal/State Grants Fund for the Senior Companion
Program.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
RESOLUTION NO. 024516
Resolution authorizing the City Manager or his designee to execute an interlocal cooperation
agreement with West Oso Independent School District for a term of one year (which shall
automatically renew every year unless terminated by either party with at least 30 days notice
prior to the renewal date) for the City of Corpus Christi to operate a Latchkey Program and
Latchkey Camps on designated district campuses.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
28.a. WITHDRAWN
$44 846 ...............................
28.b. WITHDRAWN
Minutes- Regular Council Meeting
July 24,2001
Page 10
29.a. RESOLUTION NO. 024517
Resolution authorizing the City Manager or his designee to accept a $249,785 Title V
Delinquency Prevention Grant from the Criminal Justice Division of the Governor's Office
to enhance Municipal Court processing and tracking of status offenders and Juvenile
Assessment Center case management services to at-risk youth, with a commitment to provide
an in-kind match of at least 34% of the total grant budget.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
29.b. ORDINANCE NO. 024518
30.
31.
32.
Ordinance appropriating a $249,785 Title V Delinquency Prevention Grant from the
Criminal Justice Division of the Governor's Office in the No. 1050 Federal/State Grants
Fund for Municipal Court processing and tracking of status offenders and Juvenile
Assessment Center at-risk youth services.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
RESOLUTION NO. 024519
Resolution approving the submission of a grant application in the amount of $333,467 to the
U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the
FY2001 Local Law Enforcement Block Grants Program to purchase law enforcement
equipment for the Police Depm hnent.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
RESOLUTION NO. 024520
Resolution authorizing the City Manager or his designee to execute an amendment to the
interlocal cooperation agreement between the City of Corpus Christi and Kleberg, Nueces,
and San Patricio counties to share operating and maintenance costs of an integrated alert
notification and information system.
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
ORDINANCE NO. 024521
Ordinance appropriating $380,000 from paving assessments in the No. 3530 Street Capital
Minutes - Regular Council Meeting
July 24, 2001
Page 11
Projects Fund; transferring $250,000 to the No. 2010 General Obligation Debt Service Fund
for the annual debt service payment; transferring $130,000 to the No. 1020 General Fund to
reimburse the collections activity.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to Item 33, the continuation of the public hearing that was opened during
the July 17th Council meeting regarding the following zoning case:
33.a.
Case No. 0501-01. Corn_ us Christi Ou _tpatient Surgery_. Ltd.: A change of zoning from an "R-
1B" One-family Dwelling District with a "SP" Special Permit and "R-2" Multiple Dwelling
District with a "SP" Special Permit to a "B-I" Neighborhood Business District on Port
Aransas Cliffs, Block 816A, Lot 66, and north one-half portion of the Proctor Ditch, located
on the east side of South Alameda Street, approximately 650 feet south of Ropes Street.
City Secretary Chapa said the Planning Commission and staff recommended denial of the
"B-I" Neighborhood Business District, and in lieu thereof, approval of a special permit for a
shopping center subject to a site plan and eleven (11) conditions.
Mr. Michael Gunning, Director of Planning and Development, explained that originally the
applicant had requested a use privilege agreement to use some of the Proctor Channel Ditch for
additional parking. He said the Proctor Channel is a sloped drainage way that rarely carries any
water, which lends itself as a usable open space for pedestrian and recreational activities. Mr.
Gunning said staff does not recommend using open spaces for parking areas unless a public benefit
can be defined. In this case, the benefit would be the construction of a hike and bike trail between
Topeka and Alameda streets. He explained the dimensions of the proposed parking area and specific
aspects of the use privilege agreement.
Mayor Neal asked how long the surgery center had been in violation of the ordinance by
allowing parking on the grass next to their offices. Mr. Gunning replied that he noticed it about six
months ago. Responding to additional questions from the Mayor, Mr. Gunning said the parking area
and bike trail would extend about 24 feet into the drainage way, adding that he has not seen any cost
estimates for that construction (which is the applicant's responsibility).
Council Member Kelly asked about a situation in which a large storm might cause cars to fall
into the drainage ditch and whether this proposal sets the city up for liability. Mr. Doyle Curtis,
Senior Assistant City Attorney, said the agreement contains a very strong indenmity clause which
protects the city as much as possible. Mr. Angel Escobar, Director of Engineering Services, said once
the engineering plans for the construction area are submitted, staff can evaluate that much better. He
said upon visiting the site, he believes there is ample room for the parking area and bike path. Mr.
Gunning added that both the Engineering and Stormwater departments indicated that this area is not
Minutes - Regular Council Meeting
July 24, 2001
Page 12
needed for drainage purposes. Responding to Council Member Scott, Mr. Gunning said the bike trail
will tie into the sidewalk on Topeka Street. Mr. Escobar said them are plans to eventually continue
the bike trail to Santa Fe Street.
No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the
public hearing, seconded by Mr. Longoria, and passed. Mr. Longoria then asked several questions
about the project. Mr. Escobar said he met with Mr. Milton Lorenz, who said he was opposed to an
outfight "B-1" zoning for the property that would allow incompatible uses and to the use of the city's
drainage ROW for parking. He said another citizen said this area was delineated for drainage and
should be retained for that use. He further explained the parking arrangement between the applicant
and the owners of the shopping center.
Mr. Longoria said he feels this proposal will impact the neighborhood. Mr. Gunning replied
that them are many conditions in the special permit that are intended to protect the adjacent homes.
Mr. Gunning said he had told one of the parties that this hearing would not occur until 2 p.m.;
consequently, Mayor Neal suggested that this item be delayed until later in the Council meeting.
(Note: The additional discussion and action on Item 33 is on pages 18 and 19 of these minutes.)
Mayor Neal opened discussion on Item 35, auto theft prevention.
State Representative Vilma Luna said that when the Texas Legislature was going through the
budget process, she asked that the state direct auto theft prevention funds to areas that had previously
not received such grants, such as the City of Corpus Christi. She commended staff for their efforts
in pursuing this grant. Mayor Neal and Council Member Chesney thanked Rep. Luna for her hard
work in Austin on behalf of the city, particularly regarding redistricting. Nueces County SheriffLarry
Olivamz and Police Chief Pete Alvarez also praised Rep. Luna for her efforts in enabling the city
to receive the grant monies. City Secretary Chapa polled the Council for their votes as follows:
35.a. M2001-297
Motion authorizing the City Manager or his designee to accept a grant in the amount of
$449,736 from the Texas Automobile Theft Prevention Authority (ATPA) to establish a
proactive motor vehicle theft enforcement unit in the Police Department and to execute all
related documents.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
35.b. ORD1NANCENO. 024524
Ordinance appropriating $449,736 from the Texas Automobile Theft Prevention Authority
(ATPA) in the No. 1050 Federal/State Grants Fund to establish a proactive motor vehicle
Minutes - Regular Council Meeting
July 24, 2001
Page 13
theft enforcement unit in the Police Department; transferring $20,050 from the No. 6010 Law
Enforcement Trust Fund, and appropriating $20,050 in the No. 1050 Federal/State Grants
Fund as grant matching funds.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal referred to Item 34, and a motion was made, seconded, and passed to open the
public heating for the application to re-name Elbow Drive to Pescadores Drive between Almeria
Avenue and Park Road 22.
Mr. David Seiler, City Traffic Engineer, said the applicant is St. Andrew by the Sea Catholic
Church, which owns property abutting this section of Elbow Drive. He said along the constructed
..... ion of the street there are undeveloped properties which are zoned residential and on the other
.fthe street is property owned by St. Andrew's Church. On the "paper" (unconstructed) street
occnon, there are two undeveloped lots and the Monterrey Motel, which fronts on Park Road 22.
Mr. Seiler said the reason for the street name change is that the church intends to construct
a rectory on the property fronting on Elbow Drive. The church members chose "Pescadores," which
is the Spanish word for "fishermen" and is the recorded livelihood of St. Andrew. He added that
several other streets on Padre Island have Spanish names and he noted that there was no opposition
to the proposed street name change. No one appeared in opposition at the Council meeting. Mr.
Garrett made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr.
Colmenero asked about the origin of the street names in that area, particularly Elbow Drive. Mr.
Seller said the developer selects the names. City Secretary Chapa polled the Council for their votes:
34.b. FIRST READ1NG ORDINANCE
Ordinance changing the name of Elbow Drive to Pescadores Drive between Almeria Avenue
and Park Road 22.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 36, health insurance changes. There were no
comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
36. M2001-298
Motion to approve a 3% health insurance premium increase and emergency room co-pay
Minutes - Regular Council Meeting
July 24, 2001
Page 14
increase to $50 per visit for Citicare and Citicare Q-Plus for implementation on August 1,
2001.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 37, solid waste containers. Them were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
37. ORDINANCE NO. 024525
Ordinance amending the City Code of Ordinances, Chapter 21, Garbage, Trash, and Other
Refuse regarding the disposal of yard waste and eliminating the limit on the number of
containers that may be set out by residential customers; providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 38, disposal dumpsters. There were no comments
from the audience. Council Member Garrett asked ifa citizen will be able to get a second garbage
container for his or her home. Mr. Garcia replied that the Council will be given a detailed
presentation about the automated garbage collection program when it is implemented. City Secretary
Chapa polled the Council for their votes as follows:
38. ORDINANCE NO, 024526
Ordinance amending the City Code of Ordinances, Chapter 21, Garbage, Trash, and Other
Refuse, and Chapter 53, Traffic, regarding placement of disposal dumpsters within rights-of-
ways; providing for penalties.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 39, Solid Waste ordinance changes.
Mr. Jeffrey Kaplan, Director of Solid Waste Services, used a computer presentation to review
the proposed ordinance, which includes the creation of a municipal solid waste system service charge
that will be applied to waste generators within the city limits. He noted that the service charge will
Minutes - Regular Council Meeting
July 24, 2001
Page 15
cover the costs of operating a comprehensive solid waste system which were previously recovered
through a bundled tipping fee.
Mr. Kaplan said concerns that have been raised about the proposed service charge are that
it is unfair and discriminatory. In response, he explained that the charge orS11.42 per ton and $0.46
per cubic yard applies to all generators, and discounts are applied for partial payments, whether the
hauler has a "put-or-pay" contract or cash only. With regard to the concern about the application of
funds collected and penalties, he said staff is recommending amending the ordinance prior to second
reading to address that concern.
Mr. Kaplan said the haulers with put-or-pay contracts felt they should receive a greater credit
under the service charge, so the fee was adjusted to $5/ton and $0.30/cubic yard with a $6.42/ton
credit and a $0.16/cubic yard credit. He said the ordinance was also amended to address questions
about the record keeping and auditing requirements and proprietary information.
The Solid Waste Services Director also discussed the proposed change to Sec. 21-6 of the
ordinance regarding periodic review and adjustment of fees and charges. Council Member Longoria
said he felt the language needed to be clarified even more to say "and recommend to the City Council
changes to this chapter."
Mr. Kaplan said the question was also raised as to the highest minimum insurance coverage
required for permitted haulers in any category of insurance and the response is $1 million, which
basically applies to auto and general liability. He also reviewed the median family income for
comparative cities.
Mayor Neal asked how the city defines a "self-hauler." Mr. Kaplan said a self-hauler is a
person who operates a business and wishes to haul his trash himself to a disposal facility. He said
some examples are recycling companies and small industries. Mr. Jay Reining, First Assistant City
Attorney, said other self-haulers are small landscape and construction contractors. Mr. Kaplan said
they will be required to carry professional pollution liability insurance, probably at a lower rate. Mr.
Reining added that the ordinance calls for the Risk Manager to set the insurance rates.
In response to another question from the Mayor, Mr. Lawrence Mikolajczyk, Assistant
Director of Solid Waste Services, said if the ordinance is approved, there will be a notification period
at the landfill. In addition, insurance requirements will be delineated through the permitting process.
Mr. Garcia said the city's largest liability at the landfill is the dumping of hazardous waste and illegal
materials.
Replying to Council Member Kelly, Mr. Kaplan said that if approved, the new fee will take
effect August 1,2001. Mr. Kelly asked whether the fee would be charged if the waste originates
outside the city limits and is brought to the city's landfill for disposal. Mr. Garcia said the only
charge that would be incurred would be the fee at the landfill and the major issue in that case would
be the nature of the city's relationship with the hauler; i.e., whether he has a contract rate or is paying
cash at the scale.
Minutes- Regular CouncilMeeting
July 24, 2001
Page 16
Council Member Noyola said he thinks the pollution liability insurance will affect many
small haulers. Mr. Kaplan said the Risk Manager will set the rates, which will vary depending on
the liability that the hauler may incur. A discussion about liability issues ensued.
Responding to Council Member Colmenero, Mr. Ron Massey, Assistant City Manager for
Public Works and Utilities, said that self-haulers will be given a decal once they go through the
permitting process which identifies them as such, while residential customers will only be required
to bring their utility bill in order to dump trash at the landfill. He added that the insurance
requirements will not apply to residential customers. Mr. Reining and Mr. Jorge Cmz-Aedo, Director
of Financial Services, also responded to other questions from Mr. Colmenero regarding risk
management issues.
Council Member Garrett asked if businesses inside the city limits are being charged more.
Mr. Kaplan said the city does not have the jurisdiction to charge a fee to businesses outside the city
limits. He noted that the majority of businesses in the city fall under the cash customer delivery or
the put-or-pay basis (although some do not).
Mayor Neal postponed discussion on Item 39 to read the day's proclamations. Retuming to
Item 39, Mr. Longoria questioned the haulers' contracts. Mr. Massey said two contracts were
developed--one which guarantees tonnage at the city's Elliott Landfill and one which guarantees
usage of the landfill (but not tonnage). Mr. Massey further discussed specific aspects of the city's
put-or-pay contract with a particular hauler (BFI), as well as the other types of contracts and the
effect of the solid waste system service charge.
Mayor Neal called for public comment on Item 39.
Mr. J.E. O'Brien, 4130 Pompano, said that for the last five years the Solid Waste Department
has been netting over $6 million per year, and he believes residential customers' payments are a large
part of that. He questioned whether increasing residential rates by 82 cents is fair and necessary. Mr.
Massey said the city did not charge on the residential side for any disposal. He said some of the "net"
revenue has been used to repair streets which were damaged through the operation of municipal and
private solid waste vehicles. He said audits have shown that even when the city applies the tipping
costs, it does not cover all of the expenses on the residential side for disposal of solid waste.
Mr. John Bell, representing Corpus Christi Disposal Service Inc., explained why his clients
did not sign a put-or-pay contract with the city. He said city staff told them that they would be
required to guarantee 87% of their 1999 gross tonnage and BFI's tonnage would be based on a
combination of tonnage due to mergers that occurred. However, he said BFI is only committing
150,000 tons and C.C. Disposal feels they will be measured on a different scale than BFI. Mr. Bell
said while he appreciates the proposed change regarding confidentiality of records, there is still the
issue of stickers on dumpsters. He also discussed the way the fee will be calculated based upon
container size and the number of trips per month, as well as the fee structure in general. He asked
that the effective date of the new billing system be delayed.
Minutes - Regular Council Meeting
July 24, 2001
Page 17
Mr. John Torrey, owner of Captain Hook Dumpsters, said he signed a put-or-pay contract
with the city and he asked about the cost of the stickers. Mr. Massey replied that it will cost $1.00
per sticker. He asked what the cost would be to dispose of one ton of trash for him and for a hauler
without a contract. Mr. Kaplan said Mr. Torrey would pay $25.75 per ton while another hauler would
pay $27.67 (which includes the $1.17 street allocation). Mr. Torrey said staff needs to look at the
issue of pollution liability insurance.
Ms. Debbie Lindsey-Opel, representing the Corpus Christi Chamber of Commerce, said this
is a very complex ordinance. She said as the city incrementally increases the cost of doing business
here, it may have an effect on new businesses relocating to this area. She added that the overall utility
costs for her employer, H-E-B, are higher here than anywhere else, which she explained.
Council Member Scott asked staff to respond to Mr. Bell's comments. Mr. Massey said the
city would not be able to execute the system service charge as suggested by Mr. Bell because the city
would not want to double charge businesses. He used specific figures to explain the charges and he
and Mr. Kaplan discussed BFI's historical tonnage and C.C. Disposal's loss of customers.
Mr. Kelly asked why the city could not delay the implementation of this ordinance until
September 1st. Mr. Massey replied that the budget was prepared based on 12 months of revenue.
Responding to Mayor Neal, Mr. Kaplan said staff anticipates receiving approximately
200,000 total tons inside the city limits. A discussion ensued regarding access to a vendor's sales tax
records. Mr. Garcia explained that the put-or-pay' contracts were approved separately from the
ordinance. Mr. Bell said the ordinance requires haulers to provide copies of all reports filed with the
comptroller of public accounts. Mr. Reining said staff will totally review the ordinance after it has
been in effect for about a year to determine if there are better ways to operate.
Mr. Garcia said that in order for any city fee to be valid, it has to have a direct link to the
service being provided. He said with regard to the solid waste system service charge, the city is not
trying to tax the hauling business but rather to assess a fee to operate the landfill to the people who
generate the waste. Mayor Neal asked if franchise fees are passed through, and Mr. Bray said this
fee is different because it is a service charge to the generator of the waste.
Mr. Kinnison said it is not unexpected for the Council to have questions about this proposal,
which he said is a work in progress. Mr. Scott said it seems that the better system to use is gross
receipts. Mr. Massey said staff is recommending using the concept of tonnage and cubic yards
because it is information they have versus gross receipts information, which they do not have. He
said they feel using gross receipts will create some inequities because of the put-or-pay contracts.
Mr. Garcia added that the city is also dealing with a legal environment that is very heavily
regulated. He said staff has had some discussions with the Council in closed session where they have
gone through the legal history and have tried to develop a fee structure that will stand up to legal
challenges. He said he believes Mr. Bell's proposal has a much weaker legal basis in terms of the
city's ability to defend it than staff's proposal.
T' T
Minutes - Regular Council Meeting
July 24, 2001
Page 18
City Secretary Chapa noted that Item 39.a. is a motion to amend ordinance 39.b. by
substituting a revised ordinance. Mr. Scott made a motion to approve the amendment, seconded by
Mr. Kinnison, and passed unanimously.
39.a. M2001-299
Motion to amend prior to second reading the Municipal Solid Waste System Service Charge
ordinance by substituting a revised ordinance.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mr. Longoria made a motion to amend Item 39.b., seconded by Mr. Scott, to add the words
"to the City Council" atter the words "and recommend" in Sec. 21-6 of the ordinance. Mayor Neal
called for a voice vote and the motion to amend passed unanimously. Mr. Chapa then polled the
Council for their votes on Item 39.b. on its second reading as follows:
39.b. ORDINANCE NO. 024527
Ordinance amending the City Code of Ordinances, Chapter 21, Garbage, Trash, and Other
Refuse regarding permitting commercial collection of solid waste within the city, permitting
commercial solid waste vehicles, and establishing the Municipal Solid Waste System Service
Charge; providing for penalties; and providing for an effective date.
The foregoing ordinance passed on second reading, as amended, by the following vote: Neal,
Kelly, Kinnison, Longoria, and Scott voting "Aye"; Chesney, Colmenero, Garrett, and
Noyola voting "No."
Mayor Neal returned to the discussion on Item 33. A motion was made, seconded and passed
to reopen the public hearing on zoning case No. 0501-01. Mr. Gunning said Mr. Flato, who was
representing the applicant, Corpus Christi Outpatient Surgery Ltd., was present to answer any
questions. Mr. Escobar referred to a diagram to discuss distances between the bike trail and the
parking area. He said this proposal will not impede drainage. There was no public comment in
opposition. Mr. Kelly made a motion to close the public hearing, seconded by Mr. Chesney, and
passed. Mr. Chapa polled the Council for their votes as follows:
33.b. ORDINANCE NO. 024522
Ordinance authorizing the City Manager or his designee to execute a yearly renewable right-
of-way (ROW) maintenance and parking agreement with Farmington Square Inc. (permittee)
for ROW abutting property leased by permittee to Corpus Christi Outpatient Surgery Center,
Ltd. (3636 S. Alameda); requiring permittee to construct a hike and bike trail and construct
Minutes - Regular Council Meeting
July 24, 2001
Page 19
and maintain a paved parking area in a portion of Proctor Drainage ROW (Lots 1 & 64,
Block 816, Port Aransas Cliffs) and in return allowing the public who access the surgery
center to jointly use the parking with the public who park and access the hike and bike trail,
with specified conditions; establishing a yearly fee of $1,338.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
33.c. ORDINANCE NO. 024523
Ordinance amending the Zoning Ordinance upon application by Corpus Christi Outpatient
Surgery Ltd. by changing the zoning map in reference to Lot 66, Block 816A, Port Aransas
Cliffs and the north 24 feet of the Proctor Ditch (currently zoned "R-lB" One-Family
Dwelling District and "R-2" Multiple Dwelling District) by granting a special permit for a
shopping center subject to a site plan and eleven (11) conditions; amending the
Comprehensive Plan to account for any deviations from the existing Comprehensive Plan.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 42, security deposits for utility customers. There were
no comments from the audience. City Secretary Chapa polled the Council for their votes as follows:
42. ORDINANCE NO. 024530
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities,
regarding security deposits for utility customers.
An emergency was declared and the foregoing ordinance passed by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 43, utility rates. There were no comments from the
audience. City Secretary Chapa polled the Council for their votes as follows:
43. ORDINANCE NO. 024531
Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities,
regarding water, gas and wastewater rates; providing for an effective date.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Minutes - Regular Council Meeting
July 24, 2001
Page 20
Colmenero, Garrett, Kelly, Kinnison, Longona, and Scott voting Aye , Noyola voting No.
Mayor Neal opened discussion on Item 44, Health Department fee increases. There were no
comments fi.om the audience.
Mr. Scott said he had received many calls opposing the proposed fee increase for pet licenses
and the new fee for service of privately owned small animal traps and he wished to amend the
ordinance. Responding to Mr. Colmenero, City Manager Garcia said the ordinance calls for a single
permit for a rodeo event (not per-animal permits) and the only event that requires such a permit is
the Buccaneer Days Rodeo. Mr. Colmenero and Mr. Garrett echoed the same concerns as Mr. Scott
about the two fees. Mr. Kelly said he had also received calls opposing the small animal trap service
charge.
Mr. Kinnison asked about the impact of not increasing the fees for pet licenses and small
animal traps. Mr. Mark McDaniel, Director of Management and Budget, said it would result in a
revenue loss of $29,800--$22,300 for the pet licenses and $7,500 for the animal trap fees. In response
to Council Member Longoria, Mr. Garcia said the Health Depm tment has a very limited number of
Animal Control officers who have to respond to a wide variety of calls for assistance.
Mr. Scott made a motion, seconded by Mr. Kelly, to amend Item 44 to eliminate the new
annual fee of $25 for service of privately owned small animal traps. Mayor Neal called for a voice
vote and the motion to amend passed.
Mr. Chesney made a motion to amend Item 44 to keep the pet license fee at $10 (rather than
increasing it to $15); seconded by Mr. Colmenero. Mr. Scott said he was not aware that not raising
that fee would result in a $22,300 loss in revenue. City Secretary Chapa polled the Council for their
votes on Mr. Chesney's motion to amend and it passed as follows: Chesney, Colmenero, Garrett,
Kinnison, and Scott voting "Aye"; Neal, Kelly, Longoria, and Noyola voting "No." Mr. Chapa then
polled the Council for their votes on Item 44:
44. ORDINANCE NO. 024532
Ordinance amending Sections 6-18, 23-20 and 23-57 of the City Code of Ordinances to
increase the following annual fees: rodeo commercial animal permit fee from $50 to $200;
sewage inspection fee from $60 to $200; and property swimming pool inspection fee fi.om
$25 to $50; providing for an effective date.
The foregoing ordinance passed on second reading, as amended, by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Minutes - Regular Council Meeting
July 24, 2001
Page 21
Mayor Neal opened discussion on Item 41 regarding the Compensation and Classification
Plan. He said that in response to a concern raised, he asked City Attorney Bray to include an
amendment to state that volunteers working under a City Manager-approved program, election
workers, and Council members (elected officials) will be covered under the city's workers
compensation plan. He then called for public comment.
Mr. Jack Gordy said that last week he objected to the proposed new subsection of the plan
(Subsection 850.2 providing for car allowances for officers and employees in the Executive Pay Plan
and Council members based upon reasonable travel expenses incurred). He said the authority for car
allowances has always rested with the City Council and now they wish to give the authority to
someone else. He said it is considered compensation according to the IRS regulations.
Council Member Kinnison said the reimbursement for car expenses is included in the Form
1099 that all the Council members receive and it is a reporting requirement for city staff members.
Mr. Garcia said it is included as income for the staffand Council members.
Mr. J.E. O'Brien said he also strongly opposes the adoption of Subsection 850.2 because
there is a question about whether or not it violates the compensation clause outlined in the City
Charter. He said that in 1993 senior city staff members had their car allowances removed and were
given salmy increases. He said if they receive another car allowance it amounts to "double-dipping."
Council Member Garrett asked if there is any conflict between the City Charter or city, state
or federal law regarding car allowances. Mr. Bray replied that Council members can have car
allowances as long as they are on a reimbursement basis. Mr. Garcia said staff surveyed about 25
cities and in every case the Council members of those cities received car allowances for city business
they conducted. Mr. Kinnison made a motion to amend Item 41 to create a new Subsection 715
regarding workers compensation, seconded by Council Member Longoria, and passed. City Secretary
Chapa polled the Council for their votes as follows:
41. ORDINANCE NO. 024529
Approval of Ordinance amend'mg Ordinance 3658, as amended, Section 100, Subsection 103,
adding the principal secretary to the mayor as an at-will exception to the Classified Service;
approval of Ordinance amending Ordinance 3658, as amended, Section 250, Subsections 251
through 257, by revising these classification schedules as reflected in Exhibit A; approval
of Ordinance amending Ordinance 8127, as amended, Section 500, Subsection 501, by
deleting the Classified Salary Schedule effective FY 2000-2001, and replacing it with a new
schedule effective August 13, 2001, that provides a 3% cost-of-living increase for Classified
Employees and adjusts salary ranges by 3%, effective August 13, 2001, as shown in Exhibit
B; approval of Ordinance amending Ordinance 8127, as amended, Section 510, by deleting
the Managerial Group Pay Plan for FY 2000-2001, and replacing it with a new Managerial
Group Pay Plan pay schedule effective August 13, 2001, that provides a 3% cost-of-living
increase for Managerial Group Employees and adjusts salary ranges by 3%, as shown in
Exhibit C; approval of Ordinance amending Ordinance 8127, as amended, Section 520, by
Minutes - Regular Council Meeting
July 24, 2001
Page 22
deleting the l~?i~cutive Pay Plan FY 2000-2001. and replacing it with a new Executive Pay
Plan schedule effective August 13, 2001, that provides a 3% cost-of-living increase for
Executive Pay Plan Employees and adjusts salary ranges by 3%, as shown in Exhibit D;
approval of Ordinance amending Ordinance 8127, as amended, Section 700, to add a new
Subsection 707.2 to define eligibility of employees to participate as retirees in city's group
health insurance program; approval of Ordinance amending Ordinance 8127, as amended,
Section 700, adding a new Subsection 707.3, to provide authority for City Manager to
authorize up to $8,000 in documented funeral expenses for employees who lose their lives
while on duty due to on-the-job injuries; approval of Ordinance amending Ordinance 8127,
as amended, Section 700, by adding a new Subsection 708.4 to authorize a Shift Differential
Pay Program; approval of Ordinance amending Ordinance 8127, as amended, by adding a
new Section 714, to clarify add-on pays for Police and Fire Chiefs in compliance with State
Law, Chapter 143; approval of Ordinance amending Ordinance 8127, as amended, Section
850, to revise Subsection 850.1 and add a new Subsection 850.2 providing for car allowances
for officers and employees in the Executive Pay Plan based on market conditions and travel
expenses, and providing for car allowances for Council members based upon reasonable
travel expenses incurred.
The foregoing ordinance passed on second reading, as amended, by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal called for a brief recess. Upon reconvening, he opened discussion on Item 45,
delinquent penalty charge for marina tenants. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
45. ORDINANCE NO. 024533
Ordinance amending the Code of Ordinances, Section 12-79(e) to increase the delinquent
penalty charge for marina tenants.
The foregoing ordinance passed on second reading by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 46, Convention and Visitors Bureau budget. There
were no comments from the audience. City Secretary Chapa polled the Council for their votes:
46. RESOLUTION NO. 024534
Resolution approving the Fiscal Year FY2001-2002 Budget for the Corpus Christi
Convention and Visitors Bureau.
Minutes - Regular Council Meeting
July 24, 2001
Page 23
The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 40, second reading of the FY 2001-02 budget.
Council Member Garrett said that during a previous discussion on the budget (on June 26,
2001), he had made a motion to allow the Buccaneer Commission and Bayfest Inc. to pay 50%
instead of 100% of the expenses those events incur when they are held. He said he wished to
withdraw that previous motion. He said his intent was to address the policy which establishes those
cost reimbursements. He then made another motion to rescind earlier actions related to this matter
and ask the City Manager to come back in 60 days with an action plan to address the policy regarding
Buc Days, Bayfest and other events.
Mr. McDaniel said that when the Council considered the budget on first reading last week,
it contemplated a 2.5% growth in assessed valuations and a 4 cent increase in the tax rate, which
consisted of .9609 cents for operation and maintenance in the General Fund and 3.039 cents for debt
service. He said staffwas informed last Friday by the Nueces County Appraisal District that the city
actually experienced a 4.9% growth in assessed values, which was not anticipated. As a result, the
proposed budget only requires a 2.6 cent increase for voter-approved debt and not for operation and
maintenance.
Council Member Noyola said that while he thinks staff did a good job on the budget, he is
not going to support it because of the increase in utility rates and residential solid waste fees.
Council Member Kinnison said that according to staff, the amount needed for debt service
for just the Bond 2000 projects is an increase of 2.04485 cents per $100 valuation. He said he wished
to propose an amendment to the General Fund budget which would reduce the tax rate increase fi.om
2.60584 cents to 2.04485 cents. Mr. Kinnison then distributed copies of his proposal to the Council,
which he had discussed with staff in detail over the last few days. He said his proposal to reduce the
tax rate for the non-exempt (non-voter approved) portion of the debt service results in a decrease in
revenue of $345,957.
In lieu of the $345,957, Mr. Kinnison suggested revenue and expenditure amendments. He
discussed the following increases in revenue: a transfer from the Maintenance Service Fund reserve
of $35,000; additional Municipal Court revenue of $50,000; and the adjustment resulting from the
Buc Days and Bayfest events of $46,235, which results in total amended revenues of $142,507,569.
Regarding General Fund expenditures, Mr. Kinnison proposed the following (with input fi.om staff):
reducing the landfill cell opening reserve by $64,722 and a reduction in energy/power costs of
$150,000, for total amended expenditures of $142,507,569. And to accommodate the additional
Council budget requests previously discussed, he proposed reducing the amount needed for the
refuges of last resort in the amount of $29,500. He said staff assured him that action will not affect
the shelter program because supplies have already been purchased in the current fiscal year.
Minutes - Regular Council Meeting
July 24, 2001
Page 24
Mr. Kinnison then made a motion to amend Item 40 to reflect the figures he stated, seconded
by Council Member Scott.
Council Member Chesney thanked Mr. Kinnison and city staff for their efforts in preparing
the budget. With regard to Mr. Garrett's motion regarding Buc Days and Bayfest, Mr. Chesney said
he hopes the Council will support a change in the policy for those events once a proper presentation
is made. He seconded Mr. Garrett's motion to have staff bring back a recommendation in 60 days.
In response to Mr. Scott, Mr. McDaniel said that after the city received the information about
the assessed values late Friday, he and Mr. Cmz-Aedo met with Mr. Kinnison to discuss several
financial issues, including the value of the debt payments from year to year and the reserve
requirement.
City Manager Garcia said he has talked with Mr. Kinnison about his recommendation.
However, staff is still recommending the 2.6 cent rate increase because they feel it is the prudent
thing to do in order to ensure adequate reserves to pay the debt. He said staff also wants to ensure
that the Council is not faced with major tax increases in subsequent years as the debt requirements
come into play. He said Mr. Kinnison's recommendation of a 2.04 cent increase is the absolute
minimum the city needs to meet the financial obligations incurred by the passage of the bond
projects. Mr. Scott pointed out that budget adjustments could be made to accommodate those
requirements.
Responding to additional questions from Mr. Scott, Mr. Garcia said that last year the city
issued certificates of obligation to complete the voter-approved 1986 bond projects. He said the city
has a continuing obligation to pay its debt and it has refinanced several bond issues. Mr. Garcia
added that the 2000 bond issue debt was structured so that the payments are minimized fight now
and when the old debt begins to drop off in five years, the obligation for the new debt will increase.
Additional discussion ensued. Mr. McDaniel showed graphs to illustrate the debt service
amounts. Deputy City Manager Noe pointed out that the debt amount is not a fixed number and has
to be computed each year as part of the budget process. He added that the increase is not being used
for operations but rather just for debt service. Mr. Kinnison said he would rather defer collecting the
additional amount for about two years if it can be done in the manner presented. Mayor Neal said
that every year debt service is funded first and the General Fund budget is prepared afterward.
In reply to Mr. Chesney, Mr. Noe said the 2.04 cents is the amount of the debt service
increase that is required for the 2000 bonds, which is outside the tax cap. The remaining .6 cents is
for debt service for the 1986 bond issue which was approved by the voters; however, it is not subject
to the same tax cap exemption. Mr. Chesney said he has stated that he will only support an increase
that was voter-approved. Mr. Garcia reiterated that there were a number of projects that were
approved by the voters in 1986 that were not completed. In order to complete those projects, the
previous Council issued certificates of obligation--a financing option granted to cities by the state
legislature for that purpose.
Minutes - Regular Council Meeting
July 24, 2001
Page 25
Mr. Noe said that the additional Municipal Court revenue included in the budget figures is
based on a 30% pass-through charge for collection services the Council will be asked to approve.
Council Member Kelly said he supports Mr. Kinnison's motion, adding that the Council has
to be scrupulous about only spending money on voter-approved projects. Mr. Garcia said the Council
has the responsibility to manage the city's overall debt and staff is proposing to have modest
increases in future obligations versus taking the minimum amount with the understanding that at
some point in the future a substantial tax increase will be required. Mr. Kelly said it is an issue of
perception and staff's recommendation would be a breach of promise to the voters.
Mr. Scott asked why the debt obligations are not factored into the five-year projections. Mr.
Noe said there is a forecast on General Fund operating revenues but it does not include debt;
however, staffcan include that if the Council wishes. Mr. Scott also asked about the budget for the
shelters of last resort, and Mr. McDaniel said since the city has never opened shelters for a humcane,
some assumptions were made in the budget figures. Mayor Neal called for public comment.
Mr. J.E. O'Brien said reducing some of the proposed fee increases was a step in the right
direction. He said that last week he had suggested a token reduction in the Mayor's budget or the
Council's budget, which has experienced increases. He said there should also be a reduction in the
Maintenance Services budget because he said they charge other departments very high prices for
work performed. He said if the utility system has "excess revenues," he questioned how the Council
could justify raising the utility rates. Mr. O'Brien also discussed the issue of debt service in relation
to the assessed values and the tax cap.
Mr. Abel Alonzo, 1701 Thames, said he understands that the budget process has been
difficult but he feels that public confidence is improving, as evidenced by the bond 2000 projects
which were approved and the vote on Packery Channel. He said the Council will have to address
other issues such as the crime control district, economic development, and a fire prevention district.
He commended the Council and he said he hopes they can continue to work with county officials.
Mayor Neal called for a voice vote on Mr. Garrett's motion to add back in the Buc Days and
Bayfest reimbursement amount of $46,235 with a policy discussion to be held within 60 days. The
motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria,
Noyola, and Scott voting "Aye."
The Mayor then called for a voice vote on Mr. Kinnison's motion to amend Item 40 as he
discussed (the information he distributed to the Council). The Mayor noted there was one addition
to the printed material--reduction of $29,500 to the refuge of last resort reserve with the
understanding that it will not affect the implementation of that program. The motion passed by the
following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott
voting "Aye."
Mayor Neal thanked staff for their work in preparing the budget. Specifically addressing
department heads, the Mayor said he and the Council members expect them to be held accountable
Minutes - Regular Council Meeting
July 24, 2001
Page 26
for administering the budget prudently. Mr. Colmenero echoed the Mayor's comments, adding that
this budget is a framework for future years as the city moves forward. Mr. Kinnison thanked staff
for their cooperation and said the city's financial position has greatly improved over the last three
years, which he hopes will continue. Mr. Noyola said his constituents frequently discuss city finances
and he extended his thanks to city staff for their efforts. City Secretary Chapa polled the Council for
their votes on Item 40 as follows:
40. ORDINANCE NO. 024528
Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning
August 1, 2001; to be filed with the County Clerk; appropriating monies as provided in said
budget; and providing for severance.
The foregoing ordinance passed on second reading, as amended, by the following vote: Neal,
Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, and Scott voting "Aye"; Noyola
voting "No."
Mayor Neal called for public comment on items not on the agenda, and there was none.
Mayor Neal opened discussion on Item 47, development of a city-wide compensation and
classification system. There were no comments from the audience. Responding to Council Member
Longoria, Ms. Cynthia Garcia, Director of Human Resources, said the cost will be cut in half by
utilizing an employee team to do much of the "leg work" for the consultants. She said it will take
12 to 18 months to complete the study, after which the consultant will discuss with the Council
various implementation options. City Secretary Chapa polled the Council for their votes as follows:
47. M2001-300
Motion authorizing the City Manager or his designee to execute a professional services
agreement with The Waters Consulting Group Inc., Dallas, Texas, at a cost not to exceed
$296,808 for the development and implementation of an innovative citywide compensation
and classification system that will: (1) replace the City's aging, obsolete system; (2) enable
the City to attract and retain qualified employees; (3) support reengineering efforts through
development of skill-based pay systems for the departments of Wastewater, Water,
Stormwater, Gas, Streets, Solid Waste Services, and the Park Maintenance Division; (4)
provide solutions for city-wide compensation issues, such as internal equity of jobs within
designated pay grade levels, competitive pay schedules, and phased-in implementation. This
agreement does not apply to Police and Fire personnel covered by collective bargaining
agreements.
The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett,
Kelly, Kinnison, Longoria, and Noyola voting "Aye"; Scott absent.
Minutes - Regular Council Meeting
July 24, 2001
Page 27
Mayor Neal opened discussion on Item 49, access onto non-roadway areas. Mr. Tony
Cisneros, Director of Park and Recreation, explained that this will address problems staff has had
in servicing several special events. He said this process will allow for off-road parking by vehicles
from Park and Recreation, Stormwater, and Traffic Engineering. Mayor Neal expressed concern
about such vehicles parking in areas where they could be parking elsewhere. He said he does not
recall seeing signs in Sherdll Park that no vehicles are allowed. Mr. Cisneros said such signs are
often vandalized or stolen. There were no comments from the audience. City Secretary Chapa polled
the Council for their votes as follows:
49. FIRST READING ORDINANCE
Ordinance amending Section 53-97 of the City of Corpus Christi Code of Ordinances to
update statutory references, to allow permitted vehicles access onto non-roadway areas, and
to provide for issuance of access permits.
The foregoing ordinance passed on first reading by the following vote: Neal, Chesney,
Garrett, Kelly, Kinnison, and Noyola voting "Aye"; Colmenero, Longoria, and Scott absent.
Mayor Neal opened discussion on Item 48, setting a public hearing on the ad valorem tax
rate. Mr. Cruz-Aedo said the revised tax rate per $100 valuation is $0.6441745. Mr. Scott made a
motion to amend Item 48 as stated, seconded by Mr. Kinnison, and passed. There were no comments
from the audience. City Secretary Chapa polled the Council for their votes as follows:
48. M2001-301
Motion setting September 11,2001 as the date of adoption of the ad valorem tax rate of
$0.6441745 per $100 valuation, and setting a public heating on the ad valorem tax rate for
August 28, 2001 during the regular City Council meeting beginning at 2:00 p.m. at City Hall,
1201 Leopard, Corpus Christi, Texas.
The foregoing motion passed, as amended, by the following vote: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal opened discussion on Item 50, interruptible water supply contract. Mr. Ed
Garafia, Water Superintendent, said that a few weeks ago staff made a presentation on the city's
water supply and they were instructed to come back with a recommendation on an interruptible water
supply contract.
Minutes - Regular Council Meeting
July 24, 2001
Page 28
Dr. Bob Brandis, a hydrologist working for the Lavaca-Navidad River Authority (LNRA),
gave a computer presentation about the proposal. He said this is an opportunity to provide the city
with an additional 4,500 acre-feet of water from Lake Texana, which would be diverted under the
existing water right only when the stage of Lake Texana is above elevation 43 feet MSL. He noted
that the interruptible water can be diverted without jeopardizing LNKA's contracted finn supply. The
Mary Rhodes Pipeline, which carries the Lake Texana water to Corpus Christi, has excess capacity
for conveying the additional water. In addition, the intermptible water is being made available at a
reduced cost. Dr. Brandis described the operating procedures that would be followed.
Dr. Brandis said 4,500 acta-feet of intermptible water would be available about 88% of the
time on an annual basis, usually in January and February. He said an additional 7,500 acre-feet of
interruptible water would be available approximately 70% of the time on an annual basis during the
first half of many years. However, that additional water would require an amendment of the Lake
Texana water right permit by the Texas Natural Resource Conservation Commission as well as a
study of the impact on the bay and estuary inflows and upstream water rights.
Responding to Mayor Neal, Mr. Garafia said the city will only have to pay for the
interruptible water if it is available. In reply to Council Member Colmenero, Mr. Garafia said the
city's current contract with LNRA provides for 42,000 acre-feet, which is about 45% of the water
treated at the city's plant. Dr. Brandis said the permit amendment for the additional 7,500 acre-feet
of interruptihle water may take six months to process.
City Attorney Bray said a change needs to be made to the proposed ordinance: in Section
3.01 change "September 1" to "August 1, 2001." There were no comments from the audience. Mr.
Longoria made a motion to amend as stated by Mr. Bray, seconded by Mr. Colmenero, and passed.
City Secretary Chapa polled the Council for their votes as follows:
50. RESOLUTION NO. 024535
Resolution authorizing the City Manager or his designee to execute on behalf of the City of
Corpus Christi the interruptible water supply contract between Lavaca-Navidad River
Authority and City of Corpus Christi, Texas at the terms and conditions set forth in the
contract as attached.
The foregoing resolution passed, as amended, by the following vote: Neal, Chesney,
Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye."
Mayor Neal called for the City Manager's report. Mr. Garcia said the next meeting of the City
Council will be August 21, 2001. The Mayor referred to a news release from the Texas Deptu tment
of Transportation regarding the acceleration of $100 million worth of highway projects in Kingsville,
Sinton and Clarkrwood west of Corpus Christi. He then called for Council concerns and reports.
TM
Minutes- Regular Council Meeting
July 24,2001
Page 29
Mr. Chesney said he asked Mr. Cisneros to copy the Council on a memo regarding PALS
(Parks, Arts, Leisures and Seniors) Fund organization that can be used as a springboard for the
"Friends of the Parks" plan he is advocating.
Mr. Garrett reported that a car wash at the comer of Baldwin and Riggan streets is promoting
free dirt from a nearby ditch. Mr. Massey said he will have the city's Environmental Programs
department look into that situation.
Mr. Scott noted that the reservoir level is at 32.2% and he asked what the next step will be.
Mr. Bray replied that when the level reaches 30% certain water restrictions will go into effect. Mr.
Scott complimented the Mayor, Mr. Garcia, and the County Judge for their efforts on the Health
Department issue, and he asked about possible military base closures. The Mayor replied that the
South Texas Military Facilities Task Force is developing a strategy and the possible need for a two-
year plan. He said they will be planning a trip to Washington, D.C., to meet with Rep. Solomon Ortiz
and others. Mr. Scott said Rep. Ortiz is working very hard to bring jobs to Corpus Christi.
Mr. Kelly asked when warning signs will be posted along the Nueces River. Mr. Massey said
signs should be posted in about a week. Mr. Noyola also thanked the city and county officials for
their efforts on the Health Department issue.
Mayor Neal announced that he will be holding a public meeting on July 26th from 5-7 p.m.
at the Oveal Williams Senior Center. There being no further business to come before the Council,
the Mayor adjourned the Council meeting at 6:20 p.m. on July 24, 2001.
2
a. ANIMAL CONTROL ADVISORY COMMITTEE - One vacancy with term to 5 -31-
04 representing the category of Veterinarian.
COMPOSITION
It shall consist of seven (7) members. Terms will be for three years. At least one member
shall be a veterinarian. Two members shall be members of local animal welfare
organizations (at least one of the organizations must operate an animal shelter). The
remaining four members shall represent the community at large. All members shall serve
until their successors am appointed and qualified and each shall be a resident of the City.
The City Manager, or his representative, the Director of the City-County Health and Welfare
Depatiment or his representative and the Animal Control Supervisor shall serve as ex-officio
members of the Board without vote. The Board, by majority vote, shall elect its own
Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act
as president in the absence of the Chairman. The Director of the City-County Health and
Welfare Depat hnent or his designated representative shall serve as the secretary of the Board.
MEMBERS TERM
ORIGINAL
A__~PTD. DATE
Dr. Steve Lee (Veterinarian), Chairman 5-31-04
Barbara Airheart (Comm at Large), Vice-Chair 5-31-02
Drew M. Reining (Comm at Large) 5-31-02
Gail Hoffman (Comm at Large) 5-31-03
Susan Thiem (Comm at Large) 5-31-03
Denny Bales (Animal welfare/Shelter) 5-31-04
Chris Cooper (Animal welfare) 5-31-04
City Manager or Representative Ex-Officio
Dr. Nina Sisley, Director of Public Health Ex-Officio
Jeff Beynon, Supervisor, Animal Control Ex-Officio
7-08-97
3-15-94
9-26-95
6-13-00
6-13-00
7-10-01
7-10-01
* Resigned
INDIVIDUALS EXPRESSING INTEREST
Leonides Botello, Jr.
Information Systems Manager, Law Office of William D.
Bonilla. Professional/community service includes:
volunteer for Pets and Animals Life Shelter (PALS) and
President of IHU Solutions - Web Design and Hosting.
(Community at Large) (6-18-01)
Alyce J. Franke
President, Lost Pet Hotline. High school graduate, some
college. Retired - Lost Pet Hotline volunteer.(Local
animal welfare agency) (6-27-0D
08-21-01.WPD, page l
Alan Garrett, D.V.M.
Cheryl Martinez
Judith Ann Sisson
Owner, Everhart Animal Hospital. B.S. and D.V.M. from
Texas A&M University - College Station. Past President of
the Coastal Bend Veterinary Medical Association. Member
of the American Veterinary Medical Association.
(Veterinarian) (7-20-0D
Self-employed - Owner, The Pet Nanny. Executive Officer
(Secretary) of Peewee's Pet Adoption World and Sanctuary,
Inc. Previously on the board of the Gulf Coast Humane
Society. Heavily involved in obtaining the 2200 signatures
for the animal cruelty petition that was eventually
incorporated into the city code effective 9/01/01. (Local
animal welfare agency - Shelter) (6-26-01)
Founder and operator, Coastal Bend Small Breed Rescue.
B.S. in Pharmacy, Schwartz College of Pharmacy, L.I.U.
Brooklyn, NY. Volunteers with Lost Pet Hotline. Owner
of Laguna Shores Pet Salon (pet grooming and boarding).
(Local animal welfare agency) (6-27-01)
08-21-01.WPD, page 2
b. COMMITTEE FOR PERSONS WITH DISABILITIES - One vacancy with term to 2-
01-03.
COMPOSITION
Nine residents of the city who shall be appointed by the City Council. The membership
of the committee shall be composed of individuals with disabilities and representatives of
agencies and organizations functioning within the committee's area who are interested in
the provision of services to persons with disabilities and others who are interested in the
abilities and specific needs of persons with disabilities, subject to Council approval. The
city's Director of Human Relations, Director of Park and Recreation, and Building
Official shall serve as ex-officio non-voting members. The chairperson of the Committee
for Persons with Disabilities shall serve as an ex-officio voting member of the Human
Relations Commission.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Crystal Lyons, Chairperson 2-01-02
*Jon Harwood, Vice-Chairperson 2-01-03
Sandra Cabazos 2-01-03
Linda Fallwell- Stover 2 -01-02
Roberto M. Flores 2-01-03
Frances Garza 2-01-02
Toni Padilla 2-01-02
Eloy Soza 2-01-03
Glen Ray Torno 2-01-03
Park & Recreation Director Ex-officio
Human Relations Director Ex-officio
Building Official Ex-officio
2-27-01
2-27-01
2-27-01
2-27-01
2-27-01
2-27-01
2-27-01
2-27-01
2-27-01
* Resigned
INDIVIDUALS EXPRESSING INTEREST
Vicky Alexander
Registered Nurse in Pediatric ICU, Driscoll Children's
Hospital. B.S. in Nursing, U.T. Health Science Center,
San Antonio, TX. Professional and community
activities include: CPR instructor, teen mentor,
pediatric life support instructor, Women's Shelter
volunteer. Past honors include CCPOA award for being
Auxiliary Chairperson and awards for participating in
free CPR classes. (5-16-01)
08-21-01.WPD, page 3
Gonzalo Gonzalez
Janet K. Henry
CharlieMcMullin
Mike Patterson
B. Sugar Grande Rodriguez
Helen Roland
David D. Russell
Student Support Specialist, Texas A&M University -
Corpus Christi. B.A. in Psychology (Highest Honors)
and M.A. in Psychology (expected in 2002), Texas
A&M-CC. Also serves as Disabilities Services
Consultant and Interagency Liaison with Texas A&M-
CC. Special awards include a Commendable Service
Certificate from the Defense Distribution Depot, C.C.
Naval Air Station. (8-16-01)
Psychotherapist. Holds a Master of Arts degree. Active
with the Karen E. Henry Foundation and Housing for
Persons with Disabilities. Past President of Brain
Injuries Association of South Texas. (2-1-01)
Caretaker/Advocate of nine-year old twins with
multiple disabilities. Degree in Business
Administration. Member of the Driscoll Educational
Project and C.C. Community Development Project.
Formerly employed by Pier One Imports - awarded Top
Manager and Marketing Award. (2-17-01)
Assistant Director of Transportation, CCISD. Holds
a B.S. in Criminal Justice and M.B.A. Established
special needs transportation within CCISD in 1996.
(1-25-01)
Self-employed - former Social Services Director
and counselor. B.A. in Psychology, M.S. in
Counseling and Guidance. Licensed Texas Social
Work Associate. Has been recognized for volunteer
service in Special Olympics, Texas Jazz Festival
Society. (1-26-0D
Salesperson, Double R. Medical. Attended University
of Omaha. Received an award for her work on the
Barbara Jordan Award held in Corpus Christi and for
her work on the MS Society Walk. (2-05-01)
Owner, Russell Medical - specializes in providing
for disabled community. Associate's degree in
Architectural Technology, Del Mar College. Has 12
years experience working with people with both
short and long-term disabilities. (2-08-01)
08-21-0 I.WPD, page 4
Mary J. Saenz
Jack Widder
Vocational Rehabilitation Counselor, Texas
Rehabilitation Commission. Master of Science degree
in Counseling and Guidance and B.B.A. Member of
the Coastal Bend Workforce Development Board and
the Texas Rehab Action Network. Special awards &
achievements include: Leadership Corpus Christi
Alumni Class XVIII, Counselor of the Year Award, and
Parent of the Year Award 2000. (8-15-01)
Administrator, APAC. Attended Del Mar College.
(S-02-01)
08-21-01.WPD, page 5
C.C. BAY AREA MINORITY BUSINESS OPPORTUNITY STEERING
COMMITTEE - A minimum of four (4) up to nine (9) vacancies, four of which must
represent the following categories: 1 - Federal/State/Local government agency, 2 - Private
sector, and 1 - Chamber of Commerce.
COMPOSITION
The committee shall consist of a minimum of 9 and not more than 15 members and shall be
composed of: 3 representatives from federal/state/local government agencies; 1 -
representative from the Chamber of Commerce; 1 - representative from the Black Chamber
of Commerce; 1 - representative from the Hispanic Chamber of Commerce and 3 -
representatives from the private sector representing major employers with substantial
contracting capabilities. A representative from the Minority Business Development Center
and a representative of the Small Business Administration shall serve as Advisory Members.
Members of the committee may be appointed from within or outside the city. The Mayor of
the City of Corpus Christi and the Nueces County Judge shall serve as Ex-officio members.
MEMBERS TERM
ORIGINAL
APPTD DATE
* Rene Cantu (Chamber of Commerce), Chairman 8-01-01
Richard Pulido (Comm. at Large), Vice-Chairman 8-01-03
Melanie Gonzales (Federal/State/Local) 8-01-03
**Adelfino Palacios (Federal/State/Local) 8-01-01
Lino Vera (Federal/State/Local) 8-01-02
Steven Gomez (Private Sector) 8-01-02
** Joe Atkinson (Private Sector) 8-01-01
* * Gabriel Rivas (Comm. at Large) 8-01-01
Jesse E. Guerra, Jr. (Hispanic Chamber) 8-01-02
*** Rev. Leroy Roundtree (Comm. at Large) 8-01-03
Lamont Taylor (Black Chamber) 8-01-03
* Steve Cervantes (Private Sector) 8-01-01
Mayor Ex-officio
County Judge Ex-officio
VACANT (MBDC) Advisory
Ann Fierova (SBDC) Advisory
11-14-00
6-13-00
2-08-00
10-29-96
10-29-96
10-29-96
6-16-98
8-11-98
2-08-00
2-08-00
1-14-97
2-08-00
* Seeking reappointment
** Exceeded the number of absences allowed by ordinance
*** Resigned
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT OR
REINSTATEMENT
NAME
NO. OF MTGS.
THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Rene Cantu (Chamber of Commerce) 4
Steve Cervantes (Private Sector) 4
3 75%
3 75%
08-21-01.WPD, page 6
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT OR
REINSTATEMENT (CONT.}
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT ~ YEAR
Adelfino Palacios (Federal/State/Local) 4
Joe Atkinson (Private Sector) 4
Gabriel Rivas (Comm. at Large) 4
2 50%
1 25%
2 50%
NOTE: Adelfino Palacios, Joe Atkinson and Gabriel Rivas were not able to attend
meetings due to extenuating circumstances. They are requesting reinstatemen~ The
MBOC Steering Committee is recommending the reinstatement o fall three members
and the new appointment of Sylvia Ford.
OTHER INDIVIDUALS EXPRESSING INTEREST
Willie J. Campbell
Oil and Gas Industry. Participates as Corporate
Trustee, Youth Director and Sunday School Teacher
for St. John's First Baptist Church. He is very
interested in serving the community. (Community
at Large) (1-14o00)
Sylvia Ford
Administrative Officer, Frost National Bank.
Community activities include: AVANCE Selena
Center Steering Committee member, Palmer Drug
Abuse Campaign Coordinator, Dress of Success
board member, and Mentor at Miller High School.
Leadership Corpus Christi alumni. (Private sector)
(S-OS-OD
Steven Hall, Ph.D.
Professor of Accounting, Texas A&M University -
Corpus Christi. B.B.A., M.B.A. and Ph.D. in
Accounting. Active with the Westside Business
Association and the Texas Jazz Festival Society.
(Federal/State/LocaO (10-11-00)
William Koprowski, J.D., Ph.D.
Professor & Program Manager of Health Admini-
stration, Texas A&M University-Corpus Christi.
J.D., University of South Carolina; Ph.D., Temple
University, M.S. from University of Southern
California; B.A. from Temple University. Member
of Texas Healthcare Information Council and Board
Member of Healthcare Financial Management
Association. Special awards received include:
Fulbright scholar. (Federal/State/LocaO (7-25-01)
Rev. Mark Stewart
Pastor, Rising Star Baptist Church. Member of the
Adelante Juntos Advisory Committee. (Community
at Large) (1-07-00)
08-21-01.WPD, page 7
T
d. INTERGOVERNMENTAL COMMISSION ON DRUG AND ALCOHOL ABUSE -
Three (3) vacancies with two-year terms to 8-19-03.
COMPOSITION
Thirteen voting members. Three members shall be appointed by the Corpus Christi
City Council, three by the Nueces County Commissioners Court, two by the Board of the
Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the
Tuloso-Midway ISD, one by the Board of the West Oso ISD, one by the Board of the
Calallen ISD, and one by the Board of the Flour Bluff ISD.
MEMBERS TERM
ORIGINAL
APPTD. DATE
* Velma Arellano (City), Chairperson 8-19-01
** Shelley Hinojosa (City) 8-19-01
* Jean Newberry (City) 8-19-01
Abby Saenz (County) 2-01-02
Tim Clower (County) 2-01-02
Aaron DeLaGarza (CCISD) 8-19-01
VACANT (ccISD) 8-19-01
Diane Spurlock (Calallen) 8-19-01
Audra Ude (Flour Bluff) 8-19-01
Dora Sifuentes (West Oso) 8-19-01
Gary Burnett (Tuloso-Midway) 8-19-01
Mauro Garza (Robstown) 8-19-01
Aaron Bonds (County) 8-19-01
8-12-97
7-11-00
8-05-86
3-01-00
* Seeking reappointment
** Not seeking reappointment
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
NO. OF MTGS.
THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Velma Amllano (City)
Jean Newberry (City)
9 4 44%
9 7 78%
OTHER INDIVIDUALS EXPRESSING INTEREST
Linda Cook, Ph.D.
Assistant Professor of Nursing, Texas A&M
University - Corpus Christi. Ph.D. in Nursing with
emphasis on addictions management, University of
Pennsylvania; M.S. from University of Maryland.
Has experience in systems assessment in addition to
practice and research skills with addicted
populations. (10-05-00)
08-21-01.WPD, page 8
William James Shack
Employed as a cook. Attended W.B. Ray High
School. (12-27-00)
Eloy Soza
Disabled. B.S. in Biology; plans to enter graduate
program in Chemical Engineering in Summer 2001.
Volunteers at Sunnybrook Nursing Home on a
weekly basis. (2-17-01)
Rev. Mark Stewart
Pastor, Rising Star Baptist Church. Member of the
Adelante Juntos Advisory Committee. (1-07-00)
Andrea Walter
Investigator, Child Protective Services. B.S. in
Criminal Justice (minor in Spanish). Currently
enrolled at Texas A&M-CC to earn a Master's in
Public Administration. Has received training in
different areas such as substance abuse, domestic
violence, discrimination and sexual abuse. (7-17-01)
08-21-01.WPD, page 9
CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT (DMD~ BOARD -
Up to five (5) vacancies with terms to 8-03 and 8-05 representing one of the following
categories: 1) a resident of the district; 2) an owner of property in the district, 3) an owner
of stock ora corporate owner of property in the district, 4) an owner of a beneficial interest
in a trust that owns a property in the district or 5) an agent, employee or tenant of one of the
above. (Recomtnendatlons made by the Board of Directors for confirmation by Council)
COMPOSITION
The board is composed of at least nine but not more than twenty directors, serving four-year
staggered terms. A director must be one of the following: 1) a resident of the district, 2) an
owner of property in the district, 3) an owner of stock, whether beneficial or otherwise, of
a corporate owner of property in the district, 4) an owner of a beneficial interest in a trust that
owns property in the district, or 5) an agent, employee or tenant of one of the above.
Succeeding directors are chosen through the recommendation of the board and the approval
of the City Council.
BOARD MEMBER
ORIGINAL
TERM APPTD. DATE
Wayne Lundquist (A/E/T), Chairman 8-04
Mark Adame (A/E/T), Vice-Chairman 8-04
George Placke (A/E/T) 6-02
Willard Hammonds, Sr. 8-00
Ted Stephens (PO), Treasurer 6-02
Gordon E. Landreth (PO) 12-02
* Ken Griffin (AtE/T) 6-01
Dottie Clower (A/E/T) 6-02
Manuel Ugues (A/E/T) 11-01
Richard King, III (A/E/T) 6-02
* H. T. Patterson (PO) 8-04
Diane DeCou (PO) 8-02
* Robert Racusin (PO) 8-02
Charles W. Thomasson (PO) 8-02
Buz Maxwell (PO) 6-04
Erik Ward (A/E/T) 7-04
* Bert Quintanilla (PO) 8-01
Wes Hoskins (PO) 8-04
Jennifer Quick (PO) 8-04
8-22-00
8-22-00
6-9-98
10-12-99
11-09-99
12-16-94
5-11-99
6-25-96
6-09-98
5-11-99
8-22-00
8-22-00
R
PO
SO
A/E/T
Resident of District
Owner of Property within the District
Owner of Stock or Corporate owner of Property within the District
Agent, Employee or Tenant of one of the above
Not seeking reappointment or resigned to serve on the newly created DMD Advisory
Directors board which is composed of past board members who are invited to attend
board meetings and participate in discussion yet have no voting power nor attendance
requirements.
08-21-01.WPD, page 10
NOTE: The Corpus Christi Downtown Management District Board of Directors has
nominated the following three individuals for appointment: Ted Puckett (Agent of
Property Owner), Raymond Gignac (Property Owner) and Leon Loeb (Property Owner).
INDIVIDUALS EXPRESSING INTEREST
David Barganski
Financial Consultant, A.G. Edwards. Graduate of Sinton
High School with Honors. B.B.A. with Finance Major
from Texas A&M - College Station. (3-23-00)
Mody K. Boatright
Engineer. Holds a B.S. in Mechanical Engineering.
Named Engineer of the Year in 1988. (12-27-99)
HerbieGarcia, Jr.
President, Netreadygo.com, Inc. M.B.A. and B.B.A. in
MIS fi.om Texas A&M-Corpus Christi. Member of
Hispanic Chamber of Commerce, LULAC and Who's Who
in Information Systems Processing. Employed as a Senior
Planner with the City of Houston and Manager in Texas
Governor's Office during Richards administration.
(2-13-00)
Raymond Gignac
Architect/Owner, Gignac & Associates. Master's degree in
Architecture and Bachelor's degree in Environmental
Design, Texas A&M-College Station. Member of the
American Institute of Architects, Texas Society of
Architects, and Leadership Corpus Christi Alumni.
(S-09-01)
Steven Hall, Ph.D.
Professor of Accounting, Texas A&M University - Corpus
Christi. B.B.A., M.B.A. and Ph.D. in Accounting. Active
with the Westside Business Association and the Texas Jazz
Festival Society. (10-11-00)
Leon S. Loeb
Owner, LandLord Resources, L.L.C.M.B.A. from Ha~vard
Business School and Master's in Public Policy from the
J.F.K. School of Government at Harvard. Professional and
community activities include: Advisory Board, C.C. Bank
& Trust; Co-chair of Development, South Texas Institute
for the Arts, Advisory Board for the College of Business,
Texas A&M-CC. Former Chairperson of Crime Control
and Prevention District. (6-19-01)
Roy Martinez
Letter Carrier, U.S. Postal Service. Member of American
Legion, G.I. Forum, Disabled American Veterans, and
National Association of Letter Carriers. Has been
recognized by the Postal Service for customer service.
(11-02-99)
08-21-01.WPD, page 11
Ted Pucke~
Russell Brent Stowers
Andrea Walter
John Wright
President, Bank of America. B.A. from Arkansas Tech
University; Southwest Graduate School of Banking, SMU;
and Graduate School of Marketing, University of Colorado.
(S-17-OD
Director of Physical Therapy Assistant Program, Del Mar
College. M.S. in Educational Technology, B.S. in Com-
mtmity Health, A.A.S. in Physical Therapy. Member of
Texas Physical Therapy Association Board of Directors.
Leadership Corpus Christi Alumni, Class 28. Recipient of
Navy Achievement Award. (5-25-00)
Investigator, Child Protective Services. B.S. in Criminal
Justice (minor in Spanish). Currently enrolled at Texas
A&M-CC to earn a Master's in Public Administration. Has
received training in different areas such as substance abuse,
domestic violence, discrimination and sexual abuse.
(7-17-01)
Architect/Urban Design Specialist. A.A.S. in Architectural
Technology, Bachelor's degree in Environmental Design
and Master's degree in Architecture. Active with the
Do~mtown Management District and the Nueces County
Dispute Resolution Center. (12-21-99)
08-21-01.WPD, page 12
f. PARK AND RECREATION ADVISORY COMMITTEE - Six (6) vacancies with
two-year terms to 8-23-03.
COMPOSITION
11 members appointed by the City Council, who are residents of the City and serve
without compensation for a two-year term beginning August 23, or until their successor is
appointed. The Board elects its Chairman.
MEMBERS TERM
ORIGINAL
APPTD. DATE
Victor Menard, Chairperson 8-23-02 8-13-96
Sandra Billish, Vice-Chairperson 8-23-02 9-14-99
* Anne Baker 8-23-01 9-14-99
Marvin Spears 8-23-02 8-13-96
** Joe Ochoa 8-23-01 6-9-98
** Mae Milligan 8-23-01 8-11-98
* Billy Olivarez 8-23-01 3-25-97
* Gerardo Alvarez 8-23-01 1-26-99
Robert Tamez 8-23-02 6-28-99
Rome Gregorio 8-23-02 8-22-00
*** John E. Dunn 8-23-01 11-14-95
* Seeking reappointment
** Not seeking reappointment
*** Has met the six-year service limitation and is ineligible for reappointment
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
NO. % OF ATTENDANCE
PRESENT LAST TERM YEAR
Anne Baker 9 8 89%
Billy Olivarez 9 4 (3 ex. ab.) 44%
Gerardo Alvarez 9 9 100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Vicky Alexander
Registered Nurse in Pediatric ICU, Driscoll Children's
Hospital. B.S. in Nursing, U.T. Health Science Center, San
Antonio, TX. Professional and community activities
include: CPR instructor, teen mentor, pediatric life support
instructor, Women's Shelter volunteer. Past honors include
CCPOA award for being Auxiliary Chairperson and awards
for participating in free CPR classes. (5-16-01)
08-21-01.WPD, page 13
Robert Anderson
Senior Parmer with Sorrell, Anderson, Lehrman, Maixner
& Ridulfo, L.L.P.J.D., University of St. Mary's Law
School; B.A. with Honors, U.T. Austin. Member of
Nueces County Bar Association. Serves as General
Counsel for the Corpus Christi Housing Authority.
(8-O8-O0
J. Bradley Clarke
Self-employed, Real Estate Sales. (8-06-01)
Linda Lindsey
Teacher/Coach for Carroll High School, B.S. from Texas
Tech and M.S. from Texas A&M - Corpus Christi,
Member of Texas High School Girls Coach Association,
Board of Directors for Second Baptist Church, and a
Sunday School Teacher. (7-28-00)
William James Shack
Employed as a cook. Attended W.B. Ray High School.
(12-27-00)
Rev. Mark Stewart
Pastor, Rising Star Baptist Church. Member of Adelante
Juntos Advisory Committee. (1-07-00)
Raul Torres
C.P.A., Self-Employed. Member of Texas Society of
C.P.A.s and American Management Association. (6-27-0D
08-21-01.WPD, page 14
go
COMMUNITY YOUTH DEVELOPMENT (78415} STEERING COMMITTEE -
Three (3) vacancies with terms to 8-31-02 and 8-31-03, one of the vacancies to represent
the category of 78415 resident.
COMPOSITION
Nine (9) voting members with two-year, staggered terms. The officers of the committee
shall be residents of the 78415 zip code area. Terms are for two-year. State guidelines
require that at least 51% of the collaborative steering committee members must be
community residents or people closely connected to the community who are not social
service providers. State guidelines also require that no members of the committee may be
related to each other. State guidelines also require that no individual who is employed
by the Fiscal Agent (City of Corpus Christi~ or any organization submitting a proposal
for funding through the CYD Program. or their immediate family members, may serve
on the committee. An expiration date for this committee was set as August 31, 2003, unless
funds for the program end sooner.
ORIGINAL
MEMBER TERM APPTD. DATE
Jackie Martin (78415 Resident), Chairman 8-31-02
Dick Leonard, Vice-Chairman 8-31-02
Rosario Carrizo (78415 Resident) 8-31-02
Christine Nguyen 8-31-01
Rafael Alvarez (78415 ResidenO 8-31-03
Karen Lucero 8-31-01
Roxana Arevalo (78415 Resident) 8-31-03
Sharon Williams (78415 Resident) 8-31-02
Veda Gene Varino 8-31-02
5-27-97
4-25-00
4-25-00
4-25-00
2-13-01
4-25-00
2-13-01
9-12-00
9-12-00
* Resigned
INDIVIDUALS EXPRESSING INTEREST
Bobbe J. Cummins-Colburn
Ph.D. in Social Democracy and Politics in Education,
Walden University, Bonita Springs, FL; Master of'
Education in Curriculum and Instruction, National-Louis
University, Heidelberg, Germany; B.S. in Elementary
Education, University of Great Falls, Great Falls, Montana.
Extensive teaching experience at the middle and elementary
school grade-levels in the United States, Germany, Canada
and Kuwait. (8-03-01)
Kimberly Rhodes
Case Manager, Nueces County Juvenile Probation Center.
M.P.A. from Texas A&M-CC; B.B.A. in General Business,
Texas A&M-Kingsville. Member of Delta Sigma Theta
Sorority, the Javelina Alumni Association, the A&M
Corpus Christi Alumni Association and the Citizens Police
Academy Alumni Association.(78415 resident) (8-06-01)
08-21-01.WPD, page 15
Andrea Walter
Investigator, Child Protective Services. B.S. in Criminal
Justice (minor in Spanish). Currently enrolled at Texas
A&M-CC to earn a Master's in Public Administration. Has
received training in different areas such as substance abuse,
domestic violence, discrimination and sexual abuse.
(7-17-OD
08-21-01.WPD, page 16
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement for photographic film and film
development in accordance with Bid Invitation No. BI-0139-01 with Back In An Hour Photos,
Corpus Christi, Texas, based on only bid for an estimated annual expenditure of $36,995.20. The
term of the agreement will be twelve months with option to extend for up to two additional twelve-
month periods, subject to the approval of the supplier and the City Manager or his designee. The
film and film development is used by various departments throughout the City. Funds have been
budgeted by the using departments in FY 01-02.
Purpose:
The photographic film and film development will be used by various
departments throughout the City. The Police Department is the
primary user of the film.
Previous Contract:
Bid Invitation Issued:
Bids Received:
Pricing Analysis:
Award Basis:
The option to extend the current contract has been exercised,
requiring the receipt of new bids.
4
1
When compared to the last bid of 1998, pricing has remained stable.
Only Bid.
Historically, the City has received three to four bids. However, Ritz
Cameras, Corpus Christi, Texas and 1 Hour Photo, Corpus Christi,
Texas are no longer in business. Roosevelt- Baker Photo, Corpus
Christi, Texas did not return the call.
Funding: Various Using Departments - $44,000
Michael Barrera, ~~.M.
Procurement and General Services Manager
BID INVITATION NO.: BI-0139-01
FILM & FILM DEVELOPMENT
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
ITEM DESCRIPTION
IQTY
1.1 Kodak Gold 100 - 12 exp.
1.2 Kodak Gold 100 - 24 exp.
1,3 Kodak Gold 100 - 36 exp.
1,4 Kodak Gold 200 - 12 exp,
1.5 Kodak Gold 200 - 24 exp.
1.6 Kodak Gold 200 - 36 exp.
1.7 Kodak Gold 400 - 12 exp.
1,8 Kodak Gold 400 - 24 exp,
1.9 Kodak Gold 400 - 36 exp.
1,10 Kodak Gold 890- 24 exp,
1.11 Kodak Gold 800 - 36 exp.
1,12 Kodak Pro 1000- 24 exp.
1.13 Kodak Pro 1000- 36 exp.
1.14 Kodak T-Max Professional Tmx 100 - 36 exp.
1.15 Kodak Ektachrome Elite II 100 - 24 exp.
1,16 Kodak Ektachrome Elite II 100- 36 exp.
1.17 Kodak Ektachrome Elite II 200 - 24 exp.
f.18 Kodak Ektachrome Elite II 200 - 36 exp.
1.19 Polaroid Spectra Twin Pack
1.20 PolaColor Pro 100 T679 Twin Pack
1.21 Professional Black & VVhite Type 667 Twin Pack
1.22 T665 Positive/Negative Black & White 80 Speed Single Pack
1.23 TPX 8 x 10 Transparecy Radiographic 15 sheet/box
1.24 Kodak T-Max Professional Trax400 - 36 exp.
1.25 Kodak T-400CN - 24 exp.
1.26 Kodak T-400CN - 36 exp.
1.27 Kodak Technical PAN 36 ex 135
FILM DEVELOPING AND PRINTING
2.1 Slides 135 - 24
2.2 Slides 135 - 36
2.3 Color Negative Film Development (C-41 processing)
2.4 Prints at time of Developing (4 x 6 or 3 1/2 x 5)
2.5A Reprints (4 x 6 or 3 1/2 x 5)
2.5B Enlargements 5 x 7
2.5C Enlargements 8 x 10
2.5D Enlargements 11 x 14
TOTAL:
BACK IN AN HOUR PHOTOS
CORPUS CHRISTI, TX
UNIT TOTAL
UNIT PRICE PRICE
$2.59 $1,036.00
3.69 4,428.00
4.59 5,508,00
2.99 299.00
3.99 638.40
4.99 249.50
3.29 263.20
4.19 460.90
5.39 539.00
6.49 64.9(3
7.39 73.9(3
6.49 64.9(~
7.39 73.9(~
4.19 167.6C
4.79 239.5(;
6.49 162.2~
5.99 119.80
7.49 74.90
26.99 5,398.00
26~99 539.80
21.95 1,646.25
13.5 810.00
199 398.00
4.79 95.80
4.19 41.90
4.95 49.50
6.95 69.50
6.38 1,467.40
8.38 670.4(3
1.50 1,200.0(3
0.21 1,050.0C
0.25 5,000.0(;
2.50 1,500.0(;
5.00 1,500.00
10.95 1,095.00
$36,995.20
4
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving supply agreements with the following
companies for the following amounts for an estimated 660 replacement batteries for two-way
radios in accordance with Bid Invitation No. BI-0119-01, based on best bid for an estimated
annual expenditure of $41,651.52. The terms of the contracts will be for twelve months with
options to extend for up to two additional twelve-month periods, subject to the approval of the
suppliers and the City Manager or his designee. The replacement batteries are used by various
City departments. Funds have been budgeted by the using departments in FY 01-02.
ComLink Wireless Technologies, Inc.
Grapevine, TX
Item - 1, 2
484 Units
$31,214.72
OSI Batteries
San Marcos, CA.
Items 3
176 Units
$10,436.80
Total of Awards: $41,651.52
Purpose:
This bid invitation is a cooperative effort between the City of
Corpus Christi, Nueces County, and the Regional Transportation
Authority. Nueces County and the Regional Transportation will
enter into their own contracts with the successful bidders.
The radios will be used by field personnel to communicate with a
central dispatcher and to communicate among themselves. Major
using activities are Police, Fire, EMS and the Utility Departments.
Bid Invitations Issued:
10
Bids Received:
Award Basis:
Best Bid
The apparent low bids submitted for bid items 1, 2 and 3 are
batteries manufactured by OSI Batteries and W & W Associates.
The Police Department previously purchased a number of these
types of batteries and has experienced problems with premature
failure of the batteries. The critical nature of the use of these items
demands a more reliable battery.
Price Analysis:
Pricing has decreased approximately 13% since the last bid of
1999. According to ComLink Wireless Technologies, Inc.,
Grapevine, Texas, they priced the bid competitively in order to be
awarded the contract.
Fundi,~i~ ~..~ ~ (g: ~Funds are budgeted by the various using departments.
Michael ~atTrera
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER: ESTHER C. BARRERA
BID TABULATION
BID INVITATION NO: BI -0119-01
REPLACEMENT BATTERIES FOR ERICSSON RADIOS
OSI SALES INC. dba
BID
ITEM
DESCRIPTION
CITY
UNIT
OSI BATTERIES
SAN MARCOS, CA.
UNIT PRICE TOTAL
Coml-ink Wireless Tech., Inc.
GRAPEVINE, TX
UNIT PRICE TOTAL
ITESSCO, INC.
HUNT VALLEY, MD
UNIT PRICE TOTAL
1.
BATTERY FOR ERICSSON
402
EACH
$54.00 $21,708.00
$64.50 $25.929.00
$73.57 $29,575.14
MPA/MPD RADIO, R8607
Manufacturer
OSI
Alexander
Alexander
2
BATTERY FOR ERICSSON PCS
82
EACH
67.90 5,567.80
64.46 5,285.72
1'1
46.76 3,834.32
RADIO, BN2932
Manufacturer
Alexander
Alexander
W & W Associates
3
BATTERY FOR ERICSSON
176
EACH
59.30 10,436.80
63.31 11,142.56
46.01 8,097.76
LPE/PRISM RADIO,
BKB191202RZA
Manufacturer
Alexander
Alexander
W & W Associates
Award Total $10,436.80 $31,214.72
Grand Total $41,651.52
(•) The apparent low bids submitted for bid items 1, 2 and 3 are batteries manufactured by OSI Batteries and W & W Associates.
The Police Department previously purchased a number of these types of batteries and has experienced problems with premature
failure of the batteries. The critical nature of the use of these items demands a more reliable battery.
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Fisher Scientific
Company, Houston, Texas, for laboratory supplies consisting of various chemicals and
supplies in accordance with Bid Invitation No. BI-0120-01, based on only bid for an
estimated annual expenditure of $43,000. 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 in FY01/02 by the Water and Health Departments.
Purpose: These chemicals and laboratory supplies will be used in the
Water and Health Laboratories for their everyday chemical
and bacteriological testing of water, wastewater and
stormwater samples.
Previous Contract:
The option to extend the previous contract was not
exercised due to revisions and additions to the chemical
and supplies list.
Bid Invitations Issued: Four
Bids Received: One
Price Analysis:
Pricing has increased approximately 4% since the last
contract of 1998.
Award Basis:
Only Bid - Historically, the city has received responses
firom only two bidders, Fisher Scientific and VWR
Scientific Products, Suwannee, GA. When contacted, VWR
indicated they were unable to secure contract pricing at the
tune of the bid.
The City expects to spend approximately $43,000 annually
for this contract. The actual number of chemicals and
supplies are variable, depending upon the demand of the
Health Department and the Water Laboratory use during
the year.
For evaluation purposes, the bid tabulation is based on the
most common types of chemical and supplies purchased
during the past twelve months. Bidders were requested to
bid a percentage discount form the manufacturer's price list
based on the estimated annual expenditure for all chemical
and supplies. The estimated annual expenditure for
chemical and supplies is $43,000. The discounts will be
applied to all chemicals and supplies listed in the
manufacturer's price list.
Funding: Organization
Health 830881-1050-00000
~ ~ ~ ~ Water 520030-4010-31700
M.~c~l ae~B~ ~:{~ ' ~ Total
Procurement and General Services Manager
Budget Amount
$18,000
$25,000
$43,000
BID INVITATION NO.: B1-0120-01
LABORATORY SUPPLIES
BUYER: ESTHER C. BARRERA
ESTIMATED ANNUAL EXPENDITURE $43,000
CITY OF CORPUS CHRISTt
PURCHASING DIVISION
BID TABULATION
FISHER SCIENTIFIC
HOUSTON, TEX
Item Description Grade Unit Qty Unit Pdce Total
CHEMICALS/REAGENTS
I Buffer (liquid for standardizaiton, color coded) pHT.0 20 liter 36 26.87 $967.32
2 Buffer ( liquid for standardization, color coded) pill 0.0 20 liter 36 28.87 967.32
3 Suffer pH8 20 L~ter 30 29.03 870.90
4 TISAB 4 liter 40 29.88 1,198.20
5 Acetate buffer 20 liter 40 124.26 4,970.40
6 Polyseed-NX CBOD capsules USEPA 50/Pkg 16 81.25 1,300.00
7 Polyseed, for BOD USEPA 50/pkg 16 61.95 991.20
Total $11,262.34
Percent discount 30-78,%
MICROBIOLOGY
9 Methanol ACS 1 liter 15 7.83 $117.45
10 Glucose DT Slides Vitros/J 25/Bx 56 35.44 1,984.64
11 ICON II Hcg kit (50 tests) HYBRITECH kit 5 117.23 586.15
12 MethyieneChledde 1 titar 24 14.22 341.28
13 Les endo agar 500 grams 6 29.77 178.62
14 Dilution bottles, 99+2ml 72/cs 75 51.14 3,835.50
15 Dilution bott[es, 90+2 mi 72/cs 75 51.14 3,835.50
Total $10,879.14
Percent discount 25-78%
SUPPLIES
16 Ampules, autoclave Control Spores 10/pkg each 12 12.62 5151.44
17 Burner, Propane 1260 deg. 14" x 2 7/8" long each 24 30.08 721.92
18 Filter Paper, whatman 100/pkg 100 22.64 2.264.00
19 Bacti analysis 1000/pkg 35 24.00 840.00
20 Petd dishes, 15mm x 100 mm 500/cs 20 36.30 726.00
21 Petd dishes, 50 mm x 1lmm 100/pkg 20 16.90 338.00
22 Thiobags, for sample collection 1000/cs 10 118.16 1,181.60
Total $6,222.96
Percent discount 20-67%
G~ASSWARE
23 Testtubes, 13 mm x 100mm 500/cs 17 140.45 $2,387.65
24 Flasks, 500 mi w/stopper 6/pkg 24 126.81 3 043.4~
Total $5,431.09
Percent discount 41-55%
Grand Total $33,795.53
For evaluation purposes, the bid tabulation is based on the most common t~pes of
chemicals and supplies purchased during the past twelve months in the Water Department's
Laboratory and Health Department's Laboratory; Bidders were required to bid a percentage of
dlecount from the manufacture's price list based on the estimated annual expenditure for all
chemicals and supplies. The Total estimated annual expenditure for the chemicals and
supplies is $43,000. The discount will be applied to the chemicals and suppllies.
T ? ~ T
AGENDA MEMORANDUM
DATE: August 13, 2001
SUBJECT: Kostoryz Road Improvements (HolLy Road to Saratoga Boulevard)
Project No. 6068
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change
Order No. 6 to increase the escrow amount with the Texas Department of Transportation
in the amount of $80,507.64 as part of the Kostoryz Road Improvements from Holly Road
to Saratoga Boulevard construction contract in accordance with the Advanced Funding
Agreement.
ISSUE: Additional escrow funds are required by the Texas Department of Transportation
(TxDOT) to remove and dispose of an 8-inch abandoned asbestos cement force main line
in conflict with the construction of the new pavement section on the Kostoryz Road
improvements Project in accordance with the terms of the existing Advanced Funding
Agreement.
FUNDING: Funding is available in the Wastewater CIP FY 00-01.
RECOMMENDATION: Staff recommends approval of the motion as presented.
'An, f~y'R. Escobar, P. E.,
Di~cfor of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Kostoryz Road Improvements Project (Holly Road to Saratoga Boulevard)
Project No. 6068
PRIOR COUNCIL ACTION:
1. October 1995 - Adoption of the FY 95-96 Capital Budget which included $440,000
for the City's participation with the Texas Department of Transportation (TxDOT) for
the engineering, acquisition of right-of-way, and street improvements to Kostoryz
Road between Holly Road and a point south of Saratoga Boulevard.
2. December 1995 - Issuance of Series 1995 Certificates of Obligation for several
street improvements including Kostoryz Road.
3. November 1996 - Endorsement of the Staff's recommended changes to the
Kostoryz Road project, eliminating improvements to the section of Kostoryz Road
0.25 miles south of Saratoga Boulevard.
4. January 1997 - Appropriation of $80,000 from the TxDOT for estimated
reimbursement to the City for Kostoryz Road right-of-way acquisition costs.
5. January 1997 - Authorization of an agreement with the State of Texas setting forth
responsibilities for engineering and acquisition of ROW for proposed improvements
to Kostoryz Road between Holly Road and Saratoga Boulevard and authorizing the
deposit of $27,200.
6. December 21, 1999 - Award of a construction contract in the amt. of $1,210,654.80
to Reese Contracting, Inc. for the Kostoryz Road Utilities Adjustment - Holly Road
to Saratoga Blvd.
7. January 11,2000 - Acquisition of Parcel No. 3 located on the west side of Kostoryz
Road between Masterson Street and Crestwater Ddve for $49,500 (M2000-004).
8. March 7, 2000 - Resolution of Statement Expressing Official Intent to Reimburse
Costs of Kostoryz Road Improvements (Holly Road to Saratoga Boulevard)
(Resolution No. 023967).
9. March 7, 2000 - Ordinance appropriating $239,450 from the Unreserved Fund
Balance in the Combined Utility Systems Fund; transferring and appropriating
$78,484 in the No. 3480 Stormwater CIP Fund for the Kostoryz Road Improvements
Project; loaning and appropriating $160,966 in the No. 3539 Street Capital
Improvements Project 2000 (CO) Bond Fund for the City's share of the State's
Kostoryz Road Improvements Project, to be reimbursed to the Combined Utility
Systems Fund at 6.16% interest; amending the FY99-00 Budget, adopted by
Ordinance No. 023702, by adding $239,450 to the Combined Utility Systems Fund;
amending the FY99-00 Capital Budget, adopted by Ordinance No. 023703, by
adding $78,484 to the Stormwater ClP Fund and $160,966 to the Street ClP Fund;
and declaring an emergency (Ordinance No. 023968).
EXHIBIT "A' I
Page 1 of 2
PRIOR COUNCIL ACTION: (Continued)
10. Mamh 7, 2000 - Resolution authorizing the City Manager, or his designee, to
execute an Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT) in the amount of $698,377.77 for the construction of
roadway improvements associated with the Kostoryz Road Improvements (Holly
Road to Saratoga Boulevard) (Resolution No. 023969).
11. March 7, 2000 - Ordinance amending Ordinance No. 023879, adopted on
December 21, 1999, which appropriated $728,834 from the Unreserved Fund
Balance in the Combined Utility Systems Fund, for the purpose of clarification only,
by substituting Section 2, deleting the word 'transferring" and replacing it with the
word "loaning;" and declaring an emergency (Ordinance No. 023970).
12. May 29, 2001 - Motion authorizing the City Manager, or his designee, to increase
the escrow amount with the Texas Department of Transportation in the amount of
$122,594.37 as part of the Kostoryz Road Improvements from Holly Road to
Saratoga Boulevard construction contract in accordance with the Advanced Funding
Agreement. (Motion No. 2001-203)
FUTURE COUNCIL ACTION:
1. Additional increases in escrow funds may be necessary as project proceeds to
completion.
BACKGROUND: The execution of Change Order #6 and payment in the amount of
$80,507.64 is required to be forwarded to TxDOT for the removal and disposal of
approximately 5,210 linear feet of an abandoned 8-inch asbestos cement force main. The
amount currently remaining in escrow is not sufficient to cover the cost of the change order.
This project is approximately 58% complete and is scheduled for completion in March,
20O2.
FUNDING: Funding is available in the Wastewater CIP FY 00-01.
IEXHIBIT "A' I
Page 2 of 2
iMpro/ect \ councilexhibits \ exh6068o.dwg
San Patricio Count),
NUECES BAY
CORPUS CHRISTI BAY
Kostoryz Rood
Improvements
LOCATION YAP
NOT TO SCALE
POINT
PRO~ECT NO. 6068
VICINITY YAP
NOT TO SCALE
Kostoryz Road Zmprovementa
(from Holly Rd. to Saratoga Blvd.)
CiTY OF CORPUS CHRISTI, TEXAS
EXHIBIT 'B'
CITY COUNCZL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 8/14/2001
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August 14, 2001
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a
Use Privilege Agreement with Koch Petroleum Group, L.P. for the right to install and
maintain two 6" diameter casings containing fiber optic cable approximately 70-feet across
the Up River Road Right-of-Way in the 8700 Block of Up River Road, approximately 460-
feet east of the Clarkwood Road street right-of-way, connecting koch facilities on either side
of said right-of-way; establishing a fee of $390.00; and declaring an emergency.
ISSUE: Koch Petroleum Group, L.P., has submitted a request to install two casings
containing fiber optic cable across the Up River Road street right-of-way to connect Koch
facilities on either side of Up River Road.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any
portion of public right-of-way for private purposes.
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
~Dir~eece~ ~'. Escobar, P.E. ' '
tor of Engineering Services
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Koch Petroleum Group, L.P. has requested a Use Privilege Agreement (UPA) from the City
to install, operate, repair, replace, and maintain, two 6" diameter steel casings containing
fiber optic cable approximately 70-feet across the Up River Road right-of-way in the 8700
Block of Up River Road and approximately 460-feet east of the Clarkwood Road street
right-of-way.
Koch Petroleum Group, L.P. is installing the fiber optic cable to connect Koch facilities on
either side of the Up River Road street right-of-way. Koch Petroleum Group, L.P. will own
the fiber optic cable and all improvements and will be solely responsible for all maintenance
and removal of the cable. An Engineering Permit will be required for any future
maintenance and remova[ of the fiber optic cable that installed within the city street right-of-
way.
All City and private franchised utilities were contacted regarding this UPA. None had any
objections, provided the applicant meets the specified conditions set out in the UPA. The
applicant has been advised and concurs with all the conditions of the Use Privilege
Agreement.
A one-time fee of $ 390 is being recommended for the UPA and is based on the following
calculations:
Fee for crossing of casings (2 casings x 70/I.f. casing x $1.00/I.f.) = $140.00
Fee for Multiple Road Crossing for 6" dia. pipe casing ~
Total fee $390.00
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
A USE PRIVILEGE AGREEMENT WITH KOCH PETROLEUM GROUP, L.P.
FOR THE RIGHT TO INSTALL AND MAINTAIN TWO 6" DIAMETER
CASINGS CONTAINING FIBER OPTIC CABLE APPROXIMATELY 70-
FEET ACROSS THE UP RIVER ROAD RIGHT-OF-WAY IN THE 8700
BLOCK OF UP RIVER ROAD, APPROXIMATELY 460-FEET EAST OF
THE CLARKWOOD ROAD STREET RIGHT-OF-WAY, CONNECTING
KOCH FACILITIES ON EITHER SIDE OF SAID RIGHT-OF-WAY;
ESTABLISHING A FEE OF $390.00; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION I. The City Manager, or designee, is authorized to execute a Use
Privilege Agreement with Koch Petroleum Group, L.P. for the right to install and
maintain two 6" diameter casings containing fiber optic cable (hereinafter
collectively known as "Use Privilege Improvements"). Said improvements will be
installed by boring approximately 70-feet across the Up River Road right-of-way in the
8700 Block of Up River Road, approximately 460-feet east of the Clarkwood Road
street right-of-way. Said improvements will connect to Koch facilities on either side of
the Up River Road street right-of-way. A fee of $390.00 is hereby established. A copy
of the Use Privilege Agreement is on file with the City Secretary.
H:\HOME\WILLIEM\GEN~AG01\UPA\KOCH.ORD
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the need
for immediate action necessary for the efficient and effective administration of City
affairs and (2) suspends the Charter rule that requires consideration of and voting
upon ordinances at two regular meetings so that this ordinance is passed and takes
effect upon first reading as an emergency measure this the 21st day of August, 2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuet L. Neal, Jr., Mayor
Legal form approved August 13, 2000
James R. Bray, Jr., City Attorney
By:
Doyle D. Curtis
Senior Assistant City Attorney
H:\HOME\WILLIEM\GEN~AG0 I\UPA\KOCH.ORD
t Mpro ject \ speciolservices \ upokochref l .dwv
F
PROJECT SITE
( a?oo CLOCK UP RM:R RC~D )
HUNTINGS'ON
PAULA
~LKINS
Z
I I
I I r"-- J
-...LI L
,-. t
VZCZNZTYI~P
NOT.SCALE
Ut.Y
SITE
PROPOSED
2-6" DIA.
70' LONG
CASINGS
LOCATION MAP
NOT TO SCALE
EXHZBZT "A"
USE PRIVILEGE AGREEMENT
KOCH PETROLEUM GROUP, L.P.
CITY OF CORPUS CHRIST~, TEXAS
CZTY COUNCZL EXHZBZT
DEPARTMENT OF ENGINEERING SERVICE~
PAGE: I of 1
DATE: 8-16-2001
8
AGENDA MEMORANDUM
Date: August 15, 2001
SUBJECT:
Corpus Christi Air Quality Research Projects
Environmental Programs
AGENDA ITEM:
Resolution authorizing the City Manager or the City Manager's designee, to execute a
State Funded Grant Agreement with the Texas Natural Resource Conservation
Commission in the amount of $884,600 for air quality planning activities; and
Ordinance appropriating $884,800 from the Texas Natural Resource Conservation
Commission in the No. 1050 Federal/State Grants Fund for air quality planning activities;
and declaring an emergency.
ISSUE: The City of Corpus Christi is offered an $884,600 grant from the Texas Natural Resoume
Conservation Commission (TNRCC) for the purpose of continuing with air quality reseamh,
planning, and small business assistance projects in Nueces and San Patricio Counties in FY
2002/2003. The grant will be utilized for projects that will aide in the counties maintaining
compliance with federal air quality standards.
FUNDING: The TNRCC will provide the City of Corpus Christi with a grant in the amount of
$884,600 to fund air quality research and small business assistance projects in Nueces and San
Patricio Counties.
RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented.
C. Ki~ McG~ir/e '
Director, Office of Environmental Programs
Attachments:
1. Summary of TNRCC Contract
2. Summary of significant prior Council Action
BACKGROUND INFORMATION
Subject: Corpus Christi Ozone Near Non-Attainment Area Research Study
Project Description: The TNRCC is again providing grant funding to Texas cities nearing non-
attainment of the National Ambient Air Quality Standards (NAAQS) for ozone. The City is acting as
the prime contractor with TNRCC and will subcontract the research portion of the work to Texas
A&M University-Kingsville (TAMU-K). Texas A&M University-Corpus Christi (TAMU-CC) will
subcontract with the City for continuation of a program in pollution prevention for small business and
public education for air quality in Nueces and San Patricio Counties. These subcontracts will be
funded through the TNRCC grant, and are a continuation of currently ongoing projects.
The TNRCC is funding these programs in Corpus Christi with Appropriation Rider 13 to the FY
2002/2003 TNRCC Budget. The university subcontracts will be developed from work plans and
detailed budgets defining the project work: currently under development. TNRCC will review and
approve the work plans and budgets prior to execution of the subcontracts for the actual work.
The region is very close to violating the National Ambient Air Quality Standard (NAAQS) for ozone.
The research work currently underway and to be continued through this contract is serving to identify
emissions sources and the atmospheric chemistry leading to ozone formation in the area.
Photochemical Modeling will be used to identify reduction strategies appropriate for the area based
on good science. The program began in FY 1996/1997 under a similar Appropriations Rider (Rider
26) and execution of a Flexible Attainment Region Agreement between the U.S. Environmental
Protection Agency (EPA), TNRCC, and the City. The program continued through 1998/1999 with
Appropriations Rider 17 funding. The funding for FY 2000/2001 is from TNRCC's Appropriations
Rider 13 to the TNRCC'S 2000/2001 budget. Funding for FY 2002/2003 is contained in Rider No.
13 to the TNRCC budget for those years.
Should the area be designated as non-attainment, the sanctions imposed by the EPA will be very
detrimental to the future economic development of the region. It could also result in loss of federal
highway funds until EPA approves prescribed planning for regaining attainment status.
Prior Council Action: Similar project funding grants from the TNRCC have been used in prior
years to carry out the necessary research and outreach activities that have been instrumental in
maintaining our attainment status. Previous significant Council Action is summarized in Attachment
2.
Future Council Action: Approval of subcontracts for $25,000 or more (effective September 1,
2001; current level as of Agenda Item is $15,000) for FY2002-2003 with TAMUK and TAMUCC
upon development of the required work plans and project budgets, and their approval by TNRCC.
SUMMARY
GRANT CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI
AND THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Contract Provision - THRCC Contract No. 582-2-44~g3 provides $8~4,600 in grant funding for
air quality research and planning in the Corpus Christi area for the FY 2002/2003 Biennium.
Responsibilities of Contractor - Develop work plans and project budgets in collaboration
with Texas A&M University-Corpus Chdsfi and Texas A&M University-Kingsville to:
· Conduct monitoring of current air pollution levels.
· Continue development of an area emissions inventory.
· Conduct air quality analysis and modeling of atmospheric ozone formation.
· Analyze emission reduction strategies and cost/benefit analysis.
· Provide small business support.
· Administer and manage the project work subcontracted.
· Provide reports as raquirad by the TNRCC.
Payment - Payments shall not exceed a total of $884,600 for the contract. The payment shall
not exceed $442,300 for FY 2002.
Term - The contract terminates on August 31, 2003 unless the Texas Legislature provides
TNRCC the authority to carry forward money into the FY 2004-2005 biennium.
ATTACHMENT #t
SUMMARY
PRIOR COUNCIL ACTION
February 10, 1998 - Motion No. 023208 authorizing the City Manager, or his designee, to
execute a Rider 17 Intedocal Contract with the TNRCC in the amount of $283,750 for Air
Quality Planning Activities in Nueces and San Patricio Counties.
April 28, 1998 - Ord. No. 023298 appropriating $283,750 in the No. 1050 Federal/State
Grants Fund for Air Quality Planning activities in Nueces and San Patricio Counties.
April 28, 1998 - Ord. No. 023299 authorizing the City Manager, or his designee, to execute
an Interlocal Agreement with TAMU-CC in the amount of $70,000 for air quality planning
activities in Nueces and San Patricio Counties.
May 11, 1999 - Ord. No. 023634 appropriating $167,000 in supplemental funding from
TNRCC to continue research and outreach activities through Texas A&M University
Kingsville and Corpus Christi to address issues related to attainment with the federal ozone
and particulate standards.
March 28, 2000- Ord. No. 023989 appropriating $30,000 of Appropriation Rider 13 grant
funds from the TNRCC for work plan development of air quality research and planning
projects and motions authorizing the City Manager or his designee to execute contracts with
Texas A&M University at Corpus Christi and Kingsville to produce those work plans.
August 22, 2000 - Ord. No. 024170 appropriating $465,075 of Appropriation Rider 13 grant
funds from the TNRCC to continue air quality research and planning projects, and motions
authorizing the City Manager or his designee to execute contracts with Texas A&M
University at Corpus Christi and Kingsville addressing issues related to attainment of the
federal ozone and particulate standards.
July 17, 2001 - Ord. No. 024498 appropriating $161,000 in additional Rider 13 funding for
FY 2000/2001 for continuation of the air quality research and planning projects underway
with TAMUCC and TAMUK, and extending the contract period to August 31, 2002.
ATTACHMENT #2 I
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE A STATE FUNDED GRANT AGREEMENT
WITH THE TEXAS NATURAL RESOURCE CONSERVATION
COMMISSION IN THE AMOUNT OF $884,600 FOR AIR QUALITY
PLANNING ACTIVITIES
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to
execute a State Funded Grant Agreement with the Texas Natural Resource
Conservation Commission in the amount of $884,600 for air quality planning activities.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 15th day of August, 2001.
James R. Bray Jr.
City Attorney
R. Ja R ning
Fi rst ~A/A~'~ ~s~s~s~a nt iC/'/ty Atto r ney
Samuel L. Neal, Jr.
Mayor
R13851A2,doc
ORDINANCE
APPROPRIATING $884,600 FROM THE TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION IN THE NO. 1050 FEDERAL/STATE
GRANTS FUND FOR AIR QUALITY PLANNING ACTIVITIES; AND
DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $884,600 from the Texas Natural Resource Conservation
Commission is appropriated in the No. 1050 Federal/State Grants Fund for air quality
planning activities.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the __ day of
,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
th
APPROVED: This 15 day of August, 2001:
James R. Bray, Jr.
City Attorney
R.J..ay/R/ef'ning /
FirSt As~sistant City Attorney
Samuel L. Neal, Jr.
Mayor
R13851B2,doc
AGENDA MEMORANDUM
DATE: July 26, 2001
SUBJECT: Public Health Services
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to execute Attachment No's. 02, 03,
and 04 to Contract No. 7460005741-2002 with the Texas Department of Health in the
amounts of $162,823.00, $117,975.00 and $127,723.00 for tuberculosis prevention, public
health administrative services, and immunization services, respectively.
B. An ordinance appropriating a grant from the Texas Department of Health in the amount of
$162,823.00 for tuberculosis control, $117,975.00 for public health administrative services
and $127,723.00 for immunization services; adding $162,823.00, $117,975.00, and
$127,723.00 to the No. 1050 federal/state grant fund - Health Department.
ISSUE: The Health Department has received three attachments for the continuation of public
health services. The first attachment (Attachment No. 02) for $162,823.00 covers personnel
fringe benefits, travel, supplies, contractual, and miscellaneous services necessary for
tuberculosis prevention and control as well as expansion of outreach services to maintain and
improve investigation and surveillance of high-risk individuals. In addition, treatment and
preventive therapy for known cases and contacts will be provided. Attachment No. 03 in the
amount of $117,975.00 covers personal and fringe benefits for administrative support of the
environmental and consumer health, public health laboratory, and nursing services. A direct
assistance of $18,696.00 covers a state paid clerical position in nursing services and requires
no action. Finally, Attachment No. 04 for $127,723.00 supports personnel, fringe benefits,
travel, computer equipment, supplies, and miscellaneous expenses to maintain an
immunization program for children, adolescents, and adults, with special emphasis on children
two years of age or younger. Systematic approaches have been designed to eliminate barriers,
expand immunization delivery, and establish uniform policies to immunize preschool age
children. All three attachments support services previously established and cover the period
September 1, 2001 through August 31, 2002.
REQUIRED COUNCIL ACTION: Approval of the contract attachments and appropriation
of funds.
RECOMMENDATION: Staff recommends that the contract attachments be approved and
funding be appropriated for the continuation of public health services.
~lina i~r~. Sisley, M.D., M.P.iLI.
Director of Public Health
AN ORDINANCE
APPROPRIATING A GRANT FROM THE TEXAS DEPARTMENT OF
HEALTH IN THE AMOUNT OF $408,521 IN THE NO. 1050
FEDERAL/STATE GRANTS FUND AS FOLLOWS; $ 162,823 FOR
TUBERCULOSIS PREVENTION AND CONTROL; $117,975 FOR PUBLIC
HEALTH ADMINISTRATIVE SERVICES; AND $127,723 FOR
IMMUNIZATION SERVICES; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a $408,521 grant from the Texas Department of Health is appropriated
in the No. 1050 Federal/State Grants Fund as follows: $162,823 for Tuberculosis Prevention and
Control; $117,975 for public health administrative services and $127,723 for Immunization Services.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure this
the day of ,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
LEGAL FORM APPROVED
.lAMES R. BRAY, .IR
CITY ATTORNEY
~O
Lisa Aguilar
Assistant City Attomey
,2001;
H:\LEG-DIR\LISA\ORD3\ORD3 410
10
AGENDA MEMORANDUM
SUBJECT: Texas Book Festival grants
AGENDA ITEMS:
a. Motion authorizing the City Manager or his designee to accept grants totaling
$7,500 from the Texas Book Festival.
b. Ordinance appropriating $7,500 from the Texas Book Festival in the no. 6010 Trust
Fund to purchase library materials for the Janet F. Harte, Northwest and Greenwood
libraries; amending the FY 01-02 budget, adopted by Ordinance no. 02548, to increase
appropriations by $7,500 in the no. 6010 Trust Fund-Library; and declaring an
emergency.
ISSUE:
The Texas Book Festival was established in 1996 by First Lady Laura Bush. The
purpose was to promote Texas literature and to raise funds for Texas public libraries.
Approximately $1 million has been awarded in the last five years throughout the state.
Over 500 public libraries are eligible to apply for these grants. Corpus Christi has
received $25,000 in grants to date.
REQUIRED COUNCIL ACTION:
Grant acceptance and appropriation of funds require Council action.
FUTURE AGENDA ITEMS:
None
FUNDING:
No City funding is required.
RECOMMENDATION:
Staff recommends acceptance of grants and appropriation of funds.
Herb Canales
Director of Libraries
AN ORDINANCE
APPROPRIATING $7,500 FROM THE TEXAS BOOK FESTIVAL IN THE
NO. 6010 TRUST FUND TO PURCHASE LIBRARY MATERIALS FOR THE
JANET F. HARTE, NORTHWEST AND GREENWOOD LIBRARIES;
AMENDING THE FY 01-02 BUDGET, ADOPTED BY ORDINANCE NO.
024528, TO INCREASE APPROPRIATIONS BY $7,500 IN THE NO. 6010
TRUST FUND-LIBRARY; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That $7,500 is appropriated from the Texas Book Festival in the No. 6010
Trust Fund-Library to purchase library materials for the Janet F. Harte, Northwest and Greenwood
Libraries.
SECTION 2. That Ordinance No. 024528. which adopted the FY 01-02 budget, is amended
by adding $7,500 to the No. 6010 Trust Fund-Libra-D.'.
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
LEGAL FORM APPROVED
Samuel L. Neal, Jr.
Mayor
,2001: JAMES R. BRAY, JR., CITY ATTORNEY
By:
Lisa Aguilar 0
Assistant City Attorney
11
T
CITY COUNCIL
AGENDA MEMORANDUM
Date: July 10, 2000
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with
Tiburon, Inc. in the amount of $98,875 for maintenance and software support services on the Police
Department's Records Management, Computer Aided Dispatching, Mobile Data Computers, and
Automated Vehicle Location systems. The term of the contract is one year.
ISSUE: The Police Department computer systems require annual maintenance and software support
to continue operating efficiently. Tiburon, Inc. holds exclusive rights to the sottware on the system
and is solely responsible for its maintenance.
BACKGROUND INFORMATION: The Records Management System is the backbone of all
information processed by the Police Department - offense reports, traffic reports, supplementary
reports, pawn shop module, alarms records, criminal history cheeks, arrests records, etc. The
Computer Aided Dispatching is a computerized system by which information is received from the
public through 911 and dispatched to officers in the field. Mobile Data are the laptops in the vehicles
and Automated Vehicle Location is the software to provide locations of all patrol units on a GIS
mapping system.
FUNDING: The total amount of the agreement is $98,875, a $55,847 increase over the previous
year's contract due to the addition of the MDC/AVL system. This will be the fifth year for the
contract and funds have been budgeted in the Police Department operating budget for FY 2001/02.
REQUIRED COUNCII, ACTION: Approval of the contract.
RECOMMENDATION:
Staff recommends approval of the contract.
Chief of Police
Attachments:
Contract
March 21,2001
Captain Leonard Scott
Corpus Christi Police Department
321 John Sartain
Corpus Christi, TX 78401
SUBJECT: Annual System Maintenance Renewal
Dear Captain Scott:
Tiburon's maintenance contract with Corpus Christi Police Department expires on June 30, 2001.
Enclosed are two (2) sets of original Tiburon Agreement for Extended Service for the period of July 1,
2001 through June 30, 2002.
If you wish to receive any additional services, please determine the following:
· Whether you want to include 24/7 support for your software;
· If you want to contribute any funds to the Prepaid Technical Support Resource Pool. Any
unused pool funds will automatically be carried forward to the next contractual year;
· Any additional Tiburon User Group memberships you need.
Details of the above services are included in Exhibit B. To opt for any of these services, place your
initials in the space provided in Exhibit B, and list them in Exhibit A where indicated. Please return
one complete original set to the below address as soon as possible to ensure a timely renewal.
Tiburon inc.
39350 Civic Center Drive, Suite 280
Fremont, CA 94538
Attn: Loren Hopper
We look forward to a continuing relationship with you and the Corpus Christi Police Department. If
you should have any questions, please do not hesitate to contact me at (415) 956-3800, extension
1010.
Sincerely,
Cori Nelson
Client Division
Enclosure
Tiburon Inc.
(5t0) 792-2t08 Fax (510) 494-8394
Invoice No. 210533
Attention Captain Leonard Scott
Name Corpus Christi Police Department
Address 321 John Sartain
City Corpus Christi
Phone
State TX ZiP 78401
Date 1-Aug-01
Reference: Software Support & Maintenance
NU115-01/12510.05
P.O. No.
Quote No.
Authorized by:
~oject Code
I Qty ! Description Unit Price TOTAL
July 1, 2001 to June 30, 2002
1 PRMS $14,776.00 $14,776.00
1 ICN $1,971.00 $1,971.00
1 !CAD $14,776.00 $14,776.00
1 MCI $1,971.00 $1,971.00
1 911 I/F $1,971.00 $1,971.00
1 EXT - State $3,545.00 $3,545.00
1 Pers-Trng $1,971.00 $1,971.00
I Pawn $3,600.00 $3,600.00
1 Court IF $6,794.00 $6,794.00
1 FMIS $6,300.00 $6,300.00
1 AVL $6,000.00 $6,000.00
1 MAKO $12,480.00 $12,480.00
1 WFR $18,720.00 $18,720.00
1 NUG fund $4,000.00 $4,000.00
Sales Tax if Applicable
r
TOTAL $98,875.00
Remit To:
Tiburon Inc.
Tiburon Business Center
39350 Civic Center Drive, Suite 100
Fremont, CA 94538-2331
Tiburon
Tiburon, Inc.
I'dmron llustncss Center
59350 Civic Center Drive. Stlite I00
Fremollk Ca[itortlia 945~8
Tel: (510) 792-21{}8
Fax: (510) 792-2897
August 7, 2001
Janet Walton
Corpus Christi Police Department
321 John Sartain
Corpus Cbxisti, TX 78401
Dear Ms. Walton,
Enclosed are the revised Exhibits to the Agreement for Extended Services.
Please have the appropriate person sign the flagged pages and return one (1) original set
of documents to my attention at 39350 Civic Center Drive, Suite 100, Fremont,
California 94538.
If you have any questions or comments please call me at (510) 792-2108, extension 2028.
Sincerely,
Loren Hopper
Contract Administrator
Enclosures
EXHIBIT A
TO THE AGREEMENT FOR EXTENDED SERVICES
SOFTWARE SUPPORT AND MAINTENANCE FEES
CLIENT CONTACT - Captain Leonard Scott
Corpus Christi Police Department CLIENT # NUl15-01
321 John Sartain
Corpus Christi, TX 78401
Support and Maintenance provided to the CLIENT listed above shall be pursuant to the terms and conditions of
the TIBURON Agreement for Extended Service.
This Exhibit A shall become part of said Agreement upon signature and shall be effective from July 1, 2001,
to June 30, 2002. The Agreement applies only to the application software and software modules listed below
and will be billed in advance annually, unless otherwise set forth in Exhibit B. Upon future renewals, there
will be an additional charge to any CLIENT requiring semi-annual or quarterly invoices.
Software Model Months
PRMS 12
ICN 12
CAD 12
MCI 12
911 I/F 12
EXT-State 12
Pers-Trng 12
Pawn U@ld 12
Court I/F 12
FRMS 12
AVL 12
MDC 12
WFR 12
NUG 12
CPU Make Model Serial # Total Fees
$14,776.00
$ 1,971.00
$14,776.00
$ 1,971.00
$ 1,971.00
$ 3,545.00
$ 1,971.00
$ 3,600.00
$ 6,794.00
$ 6,300.00
$ 6,00O.00
$12,480.00
$18,720.00
$ 4,000.00
Total
Optional items from Exhibit B (to be filled in by CLIENT)
Software Model Months CPU Make Model Serial #
$98,875.00
Total Fees
Grand Total
IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives.
CLIENT
Name: DAVlP
Title:
Date:
TIBURON
By: ~(~"~¢ r ~'~~'~-
(Authorized Signature) ~-~
Name: Charles H. Bridqes, Jr,
Title: Vice President & CFO
Date: Au,qust 7, 2001
Corpus Christi Ex A 2001
Page 1 of 1
T T
EXHIBIT B
TO THE AGREEMENT FOR EXTENDED SERVICE
SCHEDULE OFSERVICESAND CHARGES
BASIC SERVICES
$ 98,875.00 per year
TIBURON will provide basic services as defined in the Statement of Work contained in Section 2 of the
Extended Service Agreement for the software systems as defined in Exhibit A.
Support for Computer Aided Dispatch, Message Switch and Corrections Management Systems is 24 hours
per day, 7 days per week. Support for other products is from 8:00 a.m. to 5:30 p.m. Central Time, excluding
weekends and normal TIBURON holidays, unless the "24/7" Service Option is selected. In all cases, call-out
charges will apply as described below.
"24/7" SERVICE OPTION
$7,000 per year/per system
(initial)
Products not normally covered by 24-hour support may optionally be supported with 24-hour coverage
(including TIBURON holidays). Applicable call-out charges continue to apply. If this option is not in force,
technical support requests outside of covered hours are charged at technical service rates as defined below.
RELEASE MANAGEMENT PROGRAM
Included/Not included
New software releases are provided for CLIENT's version of the RISC and HP CAD or the SS/2000 Police
and Fire RMS Systems and Relational Data System programs. New software versions typically include
significant application changes and may require TIBURON's technical support to install. TIBURON services
may be charged at the Technical Services Rate defined below, if agreed upon in writing, in advance.
Significant application changes include but are not limited to system architecture, user interfaces, system
externals, and database structure.
Software releases include problem fixes and software enhancements. They do not typically require
TIBURON's on site assistance to install. TIBURON installation and special tailoring, if required, may be
charged at the Technical Service Rate defined below.
New Products
Additional TIBURON software systems, subsystems and TIBURON provided third-parfy products, such as
hardware, and networking software may be acquired under this Agreement. TIBURON installation, special
tailoring, license fees and third-party peripherals required shall be charged at the then current Technical
Services Rate or as quoted by the third party.
PREPAID TECHNICAL SUPPORT RESOURCE POOL
(amount) (initials)
A dollar amount is allocated to a Technical Support Resource Pool. The charges for Technical Support will
always be calculated at the TIBURON Facility rate and will be subtracted from this dollar amount as incurred.
Any unused portion of this account is carried over to the next contract year.
Corpus Christi Ex B 2001
Page 1 of 3
GOLD CARD SERVICE OPTION
Quote available on request
A total support program is tailored for CLIENT and includes a schedule of on-site visits by TIBURON
personnel for data base management, working with end users to identify and resolve problems and to apply
agreed upon software changes, installation of new software products obtained through this Agreement, and
a comprehensive training program. (If selected by CLIENT the terms of this option are defined in the Gold
Card Service Schedule will be attached as Exhibit C and incorporated herein by reference.)
OPERATIONS REVIEW
Included
Tiburon personnel will visit CLIENT site periodically and meet with management, operations and other user
personnel to conduct an operations review of the systems and an analysis of the CLIENT's automation
requirements. A report will be produced to include observations and recommendations regarding the
CLIENT's use of the system. Working with the CLIENT, this review will be further documented in the form of
a multi-year automation plan for the CLIENT. There will be no charge for this service if total annual
maintenance exceeds $20,000.
TIBURON USER GrouP MEMBERSHIP
Included
The following is paraphrased from the recently adopted Bylaws.
Voting membership in the Tiburon User Group, as set forth herein, is included in the Basic Service. The
quantity of voting members is based on the number of Tiburon products installed, with the appropriate
software licenses, at the CLIENT. For purposes of establishing voting memberships, a product is defined as
Computer Aided Dispatch, Police Records Management, Fire Management Information System, Jail
Management Information System, and Communication & Interfaces. The Tiburon User Group Conference is
held annually at a location to be determined.
TECHNICAL SERVICE RATES
Technical Services Rates shall be deducted from the Prepaid Technical Support Resource Pool, or if that
option is not available, they shall be invoiced to CLIENT as incurred.
1. Technical Service Rates
Technical support shall be charged at the following rates:
At TIBURON Facilities:
$125 per staff hour
At CLIENT Site:
$150 per staff hour
A minimum of four (4) hours per occurrence will be charged for work conducted at TIBURON
facilities and a minimum of eight (8) hours at CLIENT site for Technical Services not covered
under Basic Services or "24/7" Service Option as described previously.
2. Materials, Travel and Per Diem Expenses
When applicable, all special materials, plus travel and per diem expenses shall be charged to
CLIENT at cost.
3. Call-Out Charqes
Systems not covered under 24/7 support, calFouts will be billed at $250 per call. After the first
hour, the rate is $250 per hour with a two-hour minimum.
If CLIENT'S systems are covered under the 24/7 support, the off-hour call-out fee is $50.
Corpus Chdsti Ex B 2001
Page 2 of 3
4. Remote Access
All charges in this Agreement are predicated on CLIENT providing the required hardware,
software, and operating environment for dial-in service. If CLIENT does not provide this support
for dial-in service, the following additional charge will apply:
$500 per month per system supported
In addition, travel and per diem expenses for on-site support required due to lack of remote
access will be charged as defined in Exhibit B, page 9, item 1.
PAYMENT PROVISIONS
Payments due under this Agreement shall be made based on invoices submitted in advance on an annual
basis for Basic Services and Options or as incurred for miscellaneous expenses.
TIBURON reserves the right to adjust the CLIENT's annual fee with a ninety (90) day advance written notice
of adjustments. The adjustment will become effective on the anniversary date of this Agreement.
The amount of any tax, license, or permit fees, but not including taxes on income, that may be imposed or
levied upon this Agreement, the transaction, or the materials or services delivered hereto, shall be added to
each invoice and paid by CLIENT in addition to the amounts shown above.
CLIENT shall pay each invoice within thirty (30) days of receipt thereof.
IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized representatives.
CLIENT
Authorized signature
Name
Title
TIBURON
Authorized signature
Charles H Brdges, Jr.
Name
Vice President & CFO
Title
Date
August 7, 2001
Date
Corpus Christi Ex B 2001
Page 3 of 3
~,
CITY COUNCIL
AGENDA MEMORANDUM
Date: Au~ast 7, 2001
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$54,781 from the State of Texas, Criminal Justice Division for funding available under the
Victims of Crime Act (VOCA) Fund and to execute all related documents.
B. Ordinance appropriating $54,781 from the State of Texas, Criminal Justice Division in the
No. 1050 Federal/State Grants Fund for funding available under the Victims of Crime Act
(VOCA) Fund; transferring $7,695 from the No. 6010 Law Enforcement Trust Fund and
appropriating it in the No. 1050 Federal/State Grants Fund as grant matching funds.
ISSUE: Second year funding has been awarded from the State of Texas, Criminal Justice Division,
under the Victims of Crime Act (VOCA) that provides funds to projects with the primary mission of
providing direct services to victims of crime. The purpose of these services is to speed their recovery
from a criminal act to aid them in the criminal justice process.
BACKGROUND INFORMATION: The grant continues the Victim Assistance Program that
provides assistance to victims and family members with the goal of lessening the short and long term
trauma experienced as a direct result of victimization. Victims and their family members are provided
with information and guidance for resolving problems and referrals to other social service agencies.
The grant covers the salary/benefits for a Victim Case Manager, equipment, supplies, training, and
mileage. The case manager provides services to victims including information and referral, criminal
justice support and case information, assistance with filing forms for benefits available through the
Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims
of their rights as victims, advocating on victims behalf with other agencies and within the criminal
justice system, and transportation to shelter or to court. They also work with the Victims Advocates
located at the District and County Attorneys office. Primary and secondary victims of crime are
assisted in an effort to stabilize their lives after victimization, help victims to understand and
participate in the criminal justice system, and provide victims of crime with a measure of safety and
security. The case manager also works closely through coalitions and with other agencies in an
ongoing effort to identify needs and to improve the quality and continuity of services to victims in the
community. Additionally, they provide training to community groups regarding victimization issues
and available resoumes, thereby increasing community awareness.
FUNDING: The State provides $54,781 and the City $13,695, which is a 20% required grant match
that may be in-kind or cash contribution. Volunteer hours provide $6,000 toward the match with the
law enforcement trust fund providing $7,695 to purchase equipment and furniture. The funding is not
on a declining percentage or ending funding cycle with the State approving funding for the first three
years.
REQUIRED COUNCIL ACTION: Accepting the grant award.
RECOMMENDATION:
Staff recommends accepting the grant award.
OFFICE OF THE GOVERNOR
July 26, 2001
Corpus Christi, City of
Post Office Box 9277
Corpus Christi, Texas 78469
Dear Mr. Garcia:
i am pleased to armounce a grant award for $54,781 to your organization for the following project:
Victims of Crime Act. I am dedicated to ensuring that communities throughout the state receive
resources to make Texas a safer place. Funding for your project contributes to this effort. Your talent,
dedication, and hard work will ensure its success.
The attached Statement of Grant Award contains more specific information about your award. Call my
Criminal Justice Division at (,512) 463-1919 if you ha,~e any questions. Thank you for your work and
best wishes for a successful project.
Sincerely,
Rick Perry
Govemor
RP:jk
15223-02
AUG 0 1 211117
CITY MANAGER'S OFFICE
Pos-r OmcE Box 12428 At SI~N, Tzcx~s 78711 /512)463-2000 (Volc£)/1512)475-3165 (TDD)
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
GRANT ACCEPTANCE NOTICE
VA-01 -V30-15223-02
Corpus Christi, City of
Victims of Crime Act
This Acceptance Notice should be signed and returned to the Criminal Justice Division (CJD) by September 9,
2001. The grantee will not receive any grant funds until this notice is executed and returned to CJD.
The authorized official, financial officer, and project director, referred to below as grantee officials, for this
grant project must read the following and indicate agreement by signing this Acceptance Notice below:
· The authorized official for the grantee accepts the grant award.
· The grantee officials agree to the terms of the grant, including the rules and documents adopted by
reference in Title I, Part I, Chapter 3, Texas Administrative Code.
· It is understood that a violation of any term of the grant may result in CJD placing a temporary hold on
grant funds, permanently deobligating all or part of the grant funds, requiring reimbursement for funds
already spent, or barring the organization from receiving future grants.
· The grantee officials understand that they must satisfy all special conditions placed on this grant
before receiving any funds.
· The grant must have three separate persons designated to serve as grant officials.
The position designated by the authorized official to request grant adjustments is the (select one):
~ PROJECT DIRECTOR [] FINANCIAL OFFICER
Signature of Authorized Official
David R. Garcia, City Manager
Name & Title (must print or type)
P. O. Box 9277
OfficialAgency Mailing Address
Corpus Christi, Texas 78469
City/Zip Code
361-880-3208 361-880-3839
Telephone Number
Fax Number
2001-Victims Services
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
Grant Number:
Grantee Name:
Project Title:
Grant Period:
Program Fund:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
VA-01 -V30-15223-02
Corpus Christi, City of
Victims of Crime Act
07/01/2001 - 06~30~2002
VA-Victims of Crime Act (VOCA)
CJD Award: $54,781
Grantee Cash Match: $7,695
Grantee In-Kind Match: $6,000
Total Project Cost: $68,476
The Governor's Criminal Justice Division (CJD) has awarded the above-referenced grant. The approved
budget is reflected in the attached Budget Summary. This grant is subject to and conditioned upon acceptance
of the Governor's Criminal Justice Division's rules in Title I, Part I, Chapter 3, Texas Administrative Code.
Applicable special conditions are cited below. By signing and submitting the Grantee Acceptance Notice to
CJD, the grant officials accept the responsibility for the grant project and certify their agreement to the
conditions of grant funding.
2001-Victims Services
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
Grant Number:
Grantee:
Project Title:
Grant Period:
Funding Source:
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
APPROVED BUDGET SUMMARY
VA-01-V30-15223-02
Corpus Christi, City of
Victims of Crime Act
07/01/2001 to 06/30/2002
VA-Victims of Crime Act (VOCA)
Region: 2000
Date: 07/27/01
CJD
A. Personnel: $41,355
B. Contractual: $0
C. Travel: $4,730
D. Equipment: $0
E. Construction: $0
F. Supplies: $8,696
G. Indirect: $0
Total: $54,781
Cash Match
$0
$o
$895
$3,000
$0
$3,800
$o
$7,695
In-Kind
$6,000
$o
$o
$o
$o
$o
$6,000
TOTAL
$47,355
$o
$5,625
$3,000
$o
$12,496
$o
$68,476
Budget Detail:
A. Victim Case Manager (100%) $30,000
Volunteers $6,000
Fringe $11,355
Local Mileage $2,730
In-state Travel and Training $2,895
Computer Equipment $3,000 (Laptop Computer, Scanner and Laser Jet Printer)
Office Supplies $1,000
Communication Costs $696
Printing Educational Materials $5,000
Postage $2,000
Office Equipment $3,800
2001.Victims Services
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
RICK PERRY
GOVERNOR
STATE OF TEXAS
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
MEMORANDUM
TO:
FROM:
SUBJECT:
I am pleased to inform you that your application for award has been approved. The enclosed letter, Grant Acceptance Notice,
Statement of Grant Award, and Approved Budget Summary, contains information concerning a grant awarded to your agency by CJD.
The f'mancial officer and the project director designated in your grant application have been informed of the award by separate letter.
The original Grant Acceptance Notice enclosed must be signed by the three designated grantee officials and returned to CJD within 45
days of the award date. The Governor's web-site offers a variety of usefui links referencing CJD Year 2001 documents such as
application kits and forms. The site at http://'xvww.govemor.state.tx.us/the office/cid/cidmain.htm also contains documents needed to
properly administer CJD grants and is listed below:
Texas Administrative Code (TAC)
Provides description of criminal justice grant programs, the funding cycle, and tips for grantees
Useful links to federal and state agency Web home pages
Relevant federal and state initiative sites
Office of Justice Programs (OJP) Financial Guide - applies to all CJI) grants, except for Crime Stoppers Assistance Fund,
Safe and Drug-Free Schools and Communities Fund, and the State Criminal Justice Planning Fund
Uniform Grant Management Standards (UGMS) - administrative guide, applies to all CID grants
U.S. Department of Education General Administrative Regulations (EDGAR) - applies to Safe and Drug-Free Schools and
Communities grants only
I look forward to working with you to ensure the success of your program. Your dedication in appreciated. Any questions relating to
the administration of this grant should be directed to the appropriate staff member listed below:
Jay Kimbrough - Interim Director, Crime Stoppers Program
} Ed Dickens - Crime Stoppers Assistance Grants
512/463-1953
512/463-1914
Gary Walker - Interim Director, Law Enforcement and Texas Narcotics Control Program
~' Taylor Petty - Local Law Enforcement Block Grants
>' Dan Glotzer- Law Enforcement & RSAT Programs
512/463-1806
512/463-2822
512/463-1786
Glenn Brooks - Director, Justice Programs
Leticia Pefia Martinez - Juvenile Unit
Aimee Shoddy - Victims Unit
Jim Kester - Project Spotlight & Special Programs
512/463-1944
512/463-1921
512/463-1924
512/463-1916
Posy OFFICe Box 12428 At snx, TEXts 78411 (512) 463-1919 (VoicE)/(512) 475-2440 (FAX)
AN ORDINANCE
APPROPRIATING $54,781 FROM THE STATE OF TEXAS, CRIMINAL
JUSTICE DIVISION IN THE NO. 1050 FEDERAL/STATE GRANTS FUND
FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT
FUND; TRANSFERRING $7,695 FROM THE NO. 6010 LAW
ENFORCEMENT TRUST FUND AND APPROPRIATING IT IN THE NO.
1050 FEDERAL/STATE GRANTS FUND AS GRANT MATCHING FUNDS;
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI:
SECTION 1. That $54,781 is appropriated from the State of Texas, Criminal Justice
Division in the No. 1050 Federal/State Grants Fund for funding available under the Victims of Crime
Act Fund; transferring $7,695 from the No. 6010 Law Enforcemem Trust Fund and appropriating
it in the No. 1050 Federal/State grams fund as grant matching funds.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for immediate
action necessary for the efficiem 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
Armando Chapa
City Secretary
LEGAL FORM APPROVED
Samuel L. Neal, Jr.
Mayor
, 2001; JAMES R. BRAY, JR., CITY ATTORNEY
By:
Lis'a Aguilar 0
Assistant City Attorney
'r' ~ -.
CITY COUNCIL
AGENDA MEMORANDUM
August 2, 2001
AGENDA ITEM:
Motion authorizing the City Manager or his designee to enter into an agreement
with artist Deborah Males to provide public art for the Garden Senior Center in
the amount of $8,000.
ISSUE:
This is a Percent for Art project for the Garden Senior Center located at 5325
Greely Street. The Public Art Ordinance # 19663 (passed March, 1987)
authorizes an arts allocation of 11/4% from funds appropriated for specific City
capital construction projects, such as buildings, parking facilities, parks, arterial
streets and sidewalks. Both new construction and remodeling are included.
Small projects costing less than $50,000 are not included. Unless the laws
governing the source of the project funding precludes the inclusion of art, all City
construction projects that meet the criteria stated above involve permanent,
public art. The ordinance authorizes the Municipal Arts Commission to establish
policies and guidelines for the administration of the Public Art Program.
FUNDING: The Southeast Senior Center was funded by 23rd year Community
Development Block Grant Funds in the amount of $856,000 of which 1%% is
eligible for public art.
REQUIRED COUNCIL ACTION:
The Public Art Ordinance requires that the City Council approve all public art
projects.
RECOMMENDATION:
Staff supports the recommendation of the Arts and Cultural Commission and the
Ad. Hoc Art Selection Peer Panel. It is recommended that the City Council
authorize the City Manager or his designee to enter into an agreement with artist
Deborah Males for the artwork at the Garden Senior Center in the amount of
$8,000.
PRIOR COUNCIL ACTION:
The Public Art Ordinance was passed in 1987 and over 30 permanent public art
projects have been completed since that time. On November 17, 1998, the City
Council authorized the appointment of the Ad Hoc Art Selection Panel tb the Arts
and Cultural Commission for the purpose of selecting artwork for the Garden
Senior Center as per the Public Art Ordinance.
BOARD/COMMITTEE REVIEW:
The Arts and Cultural Commission voted unanimously to recommend the
appointment of the Garden Senior Center Ad Hoc Art Selection Panel at their
July 12, 2001 meeting.
ADDITIONAL SUPPORT MATERIAL
Background Information X
Contract Summary X
Art proposal X
Marco A. Cisneros, Director
Park and Recreation Department
T' ! ' T
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
Permanent, public art programs are common in other cities in Texas and the rest
of the United States. Their purpose is to provide quality, publicly accessible artistic
enhancements to large city construction projects and thereby improve the quality
of life for ail parts of the city.
The recommended project meets the criteria for public art funding. The contract
for the project includes the execution and complete installation of the project.
Selection of the artist and art project was conducted according to the authorized
guidelines and policies of the Public Art Program. This program includes the
development and distribution of a Request for Proposals (RFP) packet by
community volunteers serving on an Ad Hoc Art Selection Panel with the
guidance of staff. The Ad Hoc Art Selection Panel, appointed by the City Council,
for the Garden Senior Center was made up of arts professionals and people from
the community where the art will be placed.
The membership of the Garden Senior Center selection panel included two
community artists, two representatives of the Senior Center and one member of
the Arts and Cultural Commission. This project was advertised via the RFP
process to the public and to arts organizations. Proposals were received from
Texas artists and reviewed by the Ad Hoc Art Selection Panel before final
selection of an artist. The panel rejected all submissions due in part to the poor
quality of the RFP submittals. A second RFP was sent with more specific
guidelines. The panel was able to tour artists studios and works before making a
selection.
A total of $8,000 was allocated for artwork at the Garden Senior Center, 5325
Greely Drive, which was funded by Community Development Block Grant Funds
(CDBG). CDBG Funds are eligible for the Public Art Allocation so long as the
artwork is an integral part of the construction project. Local artist Deborah Males
proposed a painted wall mural depicting Texas wildflowers.
k
II.
III.
IV.
VI.
VII.
VIII.
IX.
Contract Summary
The Artist to provide personal and professional services in designing and
constructing a permanent work of art.
The Artist agrees to do such additional work as may be reasonably necessary to
complete the Artwork in accordance with the plans and specifications.
The Artist will furnish all labor, tools, material, machinery, equipment and
incidentals reasonably necessary to the execution and installation of the Artwork.
The Artwork will be completely installed within four (4) months after the
execution of this Agreement.
The City will pay directly to the Artist a fixed fee of $$,000 in installments,
$3,500 upon the execution; $2,500 within ten (10) working days upon Notice of
Substantial; and, $2,000 within ten (10) working days after final acceptance of the
Artwork by City.
The Artist may subcontract installation of the Artwork at her expense.
3a'tist must secure and maintain, at Artist's sole expense, the level and type of
insurance in accordance to the City's Risk Management Department
Title to the Artwork ~vill pass to the City upon final acceptance.
The Artist retains all rights under the Copyright Act of 1976, as amended, 17 USC
Sections 101 et seq, and all other rights in and to the work except ownership and
possession.
To maintain the artistic integrity of the Artwork during the lifetime of the Artist,
any changes to the Artwork will be done only with her prior approval.
ATTACHMENT A
Amendment A August 13, 2001
Senior Garden Center Mural Construction
Deborah Males
422 Del Mar
Corpus Christi, TX 78404
Description and stretcher
The proposed mural will be eleven feet nine inches (141 inches) long
and seven feet nine inches (93 inches) high at its arched top. Aris
Designs, Inc will construct the sub-frame in three panels. Each of the
panels will be forty-seven inches wide, and vary in height from sixty
inches to one hundred forty-one inches. Each will be cut from solid
18 mm merantic plywood with 1/2 inch quarter round glued and
nailed to all edges. The overall depth of the chassis and frame will be
two and 7/16 inches. The sub-frames will be designed so that there
are two continuous hangers laterally across the back of all three
panels. Plywood gussets will be left in the comers of the back layer
of plywood. Re: Drawing
Canvas preparation
Artist's grade No. 12 cotton Duck Canvas will be stretched over each
shaped chassis. Any metal fasteners used will be stainless steel and
will not be visible to the viewer of the mural. The visible stretched
surface will be flat. A minimum of three coats of acrylic based primer
will be applied to the canvas, allowed to dry and sanded between
each coat.
Creating the image
The preliminary image, as approved by the Development Committee,
will be sketched onto the canvas with pencil. The image will then be
underpainted with a thin layer of acrylic medium and pigment.
When the underpainting is satisfactory and completely dry, oil
medium will be applied. Any thinning of paint will be with a
prepared artist's medium such as "Liquin" and small amounts of
turpentine. All paint, gesso, painting medium, and turpentine will be
new product purchased for this project.
Framing and delivery
The painting will be framed with a decorative frame constructed of
basswood. It will completely wrap the sides of the piece and overlap
the front surface one-half inch. Re: drawing. Aris Designs will be
responsible for moving the piece from the studio and hanging it in
the Bluebonnet Room. The mural will be suspended on continuous
hanger cleats, which will be attached to all studs behind the mural. If
there are voids between the frame and the wall, they will be filled
with silicon caulk.
Following the installation the work area will be cleaned and made
IlOITl2al.
AGENDA MEMORANDUM
August 21, 2001
Agenda Item:
Item A: Motion authorizing the City Manager or his designee to accept funding in the amount of
$30,322.77 from the West Oso Independent School District E= MC2, 21~t Century Grant Program
to provide a structured after school and school holiday recreation program, in addition to a one
time camping experience for junior high school youth.
Item B:
Ordinance appropriating $30,322.77 from West Oso Independent School District E=MC2, 21't
Century Grant Program in the No. 1050 Federal/State Grant Fund to provide an after school
program, a vacation day program, and a camping trip during the school year at West Oso Junior
School; and declaring an emergency.
Item C:
Resolution authorizing the City Manager, or his designee, to execute an Interlocal Governmental
Agreement with West Oso Junior High School to provide school year programs to youth ages 12
to 16 years in consideration of the payment of $30,322.77 and use of West Oso Junior High
School facilities.
Issue: In order for the City of Corpus Christi Park and Recreation Department to provide an after school and
holiday recreation and camping program at West Oso Junior School, the City Council must approve and
appropriate the funds. Funds for this program are provided by the E=MC2, 21st Century Grant. Grant funds
for this program are used to pay for after school staff, specialist, supplies, equipment and all programs costs.
No City funds will be utilized, but a motion to accept and an ordinance to appropriate the $30,322.77 funds is
necessary to implement the program.
Council Action Required: Action is required to accept and appropriate the E=MC~, 21st Century Grant funds
and to authorize the City Manager or his designee to execute all related contracts and documents for the
program.
Recommendation: Staff recommends that the City Council approve the ordinance to appropriate funds from
the West Oso Independent School District E=MC2, 21st Century Grant Program, for an after school, holiday
and camping recreation program at the West Oso Junior School.
Funding: West Oso Independent School District's E=MC~, 21st Century Grant Program
Marco A. Cisneros, Director
Park and Recreation Department
Additional Support Material
Background X
Contract X
Ordinance X
BACKGROUND
August 21, 2001
During the budget process two years ago, staff notified City Council that due to budget constraints we were
eliminating the Middle School Program from our budget. This action was taken in part because the 21st
Century Grant received by several local school districts contained funding for middle school programs.
In the past, we have contracted with two middle schools within the Corpus Christi Independent School
District to offer middle school recreation programs through past 21st Century Grant entitled Communities and
Kids Experiencing Success, (CAKES). The new 21st Century Grant is entitled Excellence = Meeting
Children's Challenges, (E=MC2).
Our experience has been very successful and has allowed us to expand our services into the community. We
successfully contracted with Flour Bluff and West Oso to provide middle school programs during the past
school year and summer.
Programming will be tailored to each district. The West Oso program will allow for after school recreation;
classes such as art, gymnastics, cooking, and martial arts; Friday special events such as dances, tournaments,
and talent shows; parent involvement, community projects and one overnight camping trip. West Oso Junior
High will provide tutoring.
AN ORDINANCE
APPROPRIATING A $30,322.77 GRANT FROM THE WEST OSO INDEPEN-
DENT SCHOOL DISTRICT'S E--MC2 2pt CENTURY GRANT PROGRAM
IN THE NO. 1050 FEDERAL/STATE GRANTS FUND TO PROVIDE AN AF-
TER SCHOOL PROGRAM, A VACATION DAY PROGRAM, AND A CAMP-
ING TRIP DURING THE SCHOOL YEAR AT WEST OSO JUNIOR HIGH;
AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A $30,322.77 grant from the West Oso Independent School District's
E=MC2 21s~ Century Grant Program is appropriated in the No. 1050 Federal/State Grants Fund to
provide an after school program, a vacation day program, and a camping trip during the 2001-
2002 school year at West Oso Junior High School.
SECTION 2. Upon written request of the Mayor or five Council members, copy at-
tached, the City Council (1) finds and declares an emergency due to the need for immediate ac-
tion necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure on
the day of ,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM on this the /3
day of ,2001.
JAMES ~/QRAY, JR., CITY ATTORNEY
By:
Elizabe(~/R. Handley, Assis}/ant City Atto~]/
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
AN INTERLOCAL COOPERATION AGREEMENT WITH WEST OSO
JUNIOR HIGH SCHOOL TO PROVIDE SCHOOL YEAR PROGRAMS
TO YOUTH AGES 12 TO 16 YEARS IN CONSIDERATION OF THE PAY-
MENT OF $30,322.77 AND USE OF WEST OSO JUNIOR HIGH SCHOOL
FACILITIES.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Co-
operation Agreement with West Oso Junior High School to provide School Year Programs, con-
sisting of an after school program, a vacation day recreation program, and a camping trip, for
youth, ages 12 to 16 years, in consideration of the payment of $30,322.77 and use of West Oso
Junior High School facilities.
INTRODUCED AND PASSED by the City. Council of the City of Corpus Christi, Texas,
on the day of August, 2001.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM on the /~day of
JAMES R. BRAY JR., CITY ATTORNEY
Elizabe~t~. Hundley. Assistant City Atto~
2001.
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE
CITY OF CORPUS CHRISTI
AND
WEST OSO JUNIOR HIGH SCHOOL
STATE OF TEXAS §
COUNTY OF NUECES §
KNOW ALL BY THESE PRESENTS:
This interlocal cooperation agreement ("Agreement") is entered into by and between
the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and West Oso
Junior High School, a member school of West Oso Independent School District ("West Oso") for
purposes of the Texas Interlocal Cooperation Act, Government Code, Chapter 791, as amended,
to achieve efficiency in meeting intergovemmemal responsibilities.
WHEREAS, the City is sponsoring an After-school Program, a Vacation Day Recreation
Program, and a Camping Trip ("School Year Programs") for children, specifically targeting
school-age youth, 12 to 16 years of age; and,
WHEREAS, West Oso requests that City provide School Year Programs at West Oso; and,
WHEREAS, West Oso agrees to provide use of West Oso facilities and pay the City
$30,322.77 for City to operate School Year Programs at West Oso; and,
WHEREAS, both parties endeavor to provide a safe after-school and vacation environment
for West Oso students;
NOW THEREFORE, the City and West Oso, in consideration of the mutual covenants
contained herein, agree as follows:
Section 1. Term. This Agreement shall begin upon mutual execution hereof("Com-
mencement Date") and shall terminate May 31, 2002.
Section 2. Consideration. West Oso shall pay the City $30,322.77 for City to operate
School Year Programs at West Oso. The School Year Programs shall consist of an After-school
Program, a Vacation Day Recreation Program, and a Camping Trip. West Oso covenants to pro-
Page 1 of 4
vide the facilities and necessary janitorial services to allow City to conduct the School Year Pro-
grams for the term of this Agreement. Provision of facilities, by West Oso, includes provision of
building utilities such as water, gas, electricity, telephone service, and access to telephones for
emergency calls; use of tables, chairs, televisions, and VCRs; and access to restrooms. Further,
provision of facilities shall also include provision of a~er-program j anitofial services.
Section 3. Billing Information. City shall submit twice-yearly billing statements to West
Oso, specifying the amount due for each month of providing the School Year Programs. The first
statement shall be submitted in January, 2002, and shall cover the period of service from August,
2001, through December, 2001, with payment due no later than ten (10) days atler receipt, subject
to the restriction set out in Section 10 herein below. The second statement shall be submitted in
June, 2002, and shall cover the period of service from January, 2002, through May, 2002, with
payment due no later than ten (I 0) days alter receipt, subject to the restriction set out in Section 10
herein below.
Section 4. Maintenance. West Oso shall maintain its facilities and provide all utilities
and after-program janitorial services at its own expense during the term of this Agreement as a part
of the consideration, as set out in Section 2 herein above. After-program janitorial services shall
include the emptying of trash containers, the sweeping and mopping of floors, and spray waxing of
furniture as needed.
Section 5. Supplies. West Oso agrees to provide health care supplies, including lined
trash cans, paper towels and toilet paper for each site. City shall furnish all other School Year Pro-
gram supplies.
Section 6. Inspections. West Oso agrees to conduct site inspections to determine compli-
ance with applicable health and safety codes. Site inspections will include yearly fire and gas line
inspections and continual monitoring and repair of alarm systems and safety equipment.
Section 7. Workers. The City shall act as the service provider and shall utilize City em-
ployees or agents to function as service workers in providing the School Year Programs during the
term of this Agreement. The salaries and benefits, if any, of service workers shall be paid out of
West Oso's consideration payments, as set out in Section 2 herein.
'Section 8. Government Service. This Agreement is between the City and West Oso to
provide School Year Programs at West Oso Junior High School and is not for the benefit of any
third party or individual.
Section 9. Liability'. Neither party shall be responsible to the other party for personal in-
juries, losses, claims, nor demands caused by the acts or omissions, if any, of such party or its of-
ricers, agents, representatives, employees, contractors, patrons, guests, licensees or invitees related
to the City conducting School Year Programs at West Oso. Liability, if any, of either party shall
be that prescribed by the laws of the State of Texas.
Page 2 of 4
Section 10. Current Revenue. All money spent for the School Year Programs under this
Agreement must be spent out of currently available revenue of City and West Oso.
Section 11. Non-Ass_~gnment. Neither this Agreement, nor any interest therein, is assign-
able or transferable, in whole or in part, directly or indirectly, without the prior consent of the City
and West Oso; however, this Agreement is binding upon the parties hereto and their respective
heirs, successors, and assigns.
Section 12. Amen~. No provision of this Agreement may be mended,
modified, or waived unless such amendment, modification, or waiver is in writing and signed by a
person authorized to make such agreements on behalf of the respective party.
Section 13. Notices. All notices, demands, requests, or replies provided for or permitted,
under this Lease, by either party must be in writing and must be delivered by one of the following
methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified
or registered mall, return receipt requested, postage prepaid; (3) by prepaid telegram; or, (4) by de-
posit with an overnight express delivery service, for which service has been prepaid. Notice de-
posited with the United States Postal Service in the manner described above will be deemed effec-
tive two (2) business days after deposit with the United States Postal Service. Notice by telegram
or overnight express delivery service will be deemed effective one (1) business day after transmis-
sion to the telegraph company or overnight express carrier. All such communications must only be
made to the following:
IF TO CITY:
Parks & Recreation Department
City of Corpus Christi
P. O. Drawer 9277
Corpus Christi, TX 78469-9277
Attn: Mr. Dan Whitworth
IF TO WEST OSO:
West Oso Junior High School
West Oso Indep. Sch. District
P. O. Drawer 110
Corpus Christi, TX 78403
Attn: Superintendent
Section 14. Laws. Both City and West Oso shall comply with all applicable federal, state,
county, and local laws, rules and regulations pertaining to this Agreement and each parties respec-
tive performance thereunder.
Section 15. Severance Clause. If, for any reason, any section, paragraph, subdivision,
clause, provision, phrase, or word of this Agreement or the application hereof to any person or cir-
cumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by
a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the
application of said term or provision to persons or circumstances other than those as to which it is
held illegal, invalid, or unenforceable, will not be affected hereby, for it is the definite intent of this
Agreement and of the parties that every section, paragraph, subdivision, clause, provision, phrase,
or word hereof be given full force and effect for its purpose.
H~'LEO-DIRL~HizabethLELIZABET~ARK &: RECTM ........ L*,Re~c~oollWe~tO~oOl02 ~ Page 3 of 4
To the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Agreement, then the remainder of this Agree-
ment is not affected thereby, and in lieu of each such illegal, invalid, or unenfomeable clause or
provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause
or provision as may be possible and be legal, valid, and enforceable, will be added to this Agree-
ment automatically.
Section 16. Entirety Clause. This Agreement contains and incorporates the entire agree-
ment between the City and West Oso, and it supersedes any and all prior oral or written agreements,
arrangements, or understandings between the parties with respect to the subject of this Agreement.
All other agreements, promises, and representations, unless contained in this Agreement, are ex-
pressly revoked as the parties intend to provide for a complete understanding within the provisions
of this Agreement of the terms, conditions, promises, and covenants relating to each party's agreed
performance.
the
EXECUTED IN DUPLICATE, each of ~vhich shall be considered an original, on this
day of ,2001.
ATTEST:
CITY OF CORPUS CHRISTI
By: By:
Armando Chapa, City Secretary
David R. Garcia, City Manager
APPROVED AS TO LEGAL FORM on this the
JIMMY R. BRAY, JR.
day of
,2001.
By:
Elizabeth R. Hundley, Assistant City Attorney
g ~._T OSO~U_~R HIGH SCHOOL
incipal
iq '~LEG-DIK~Iitlbet;I~LIZABET~,P^RK & P-EC\[i- ........ \AIt~hodlW¢,tO~{)'0; w~ Page 4 of 4
CITY COUNCIL
AGENDA MEMORANDUM
August 21, 2001
AGENDA ITEM:
A. Motion to accept the Child and Adult Care Food Program (CACFP), a
grant from the Texas Department of Human Services in the amount of
$276,382., to provide after school snacks to youth . enrolled in after
school enrichment programs for FY 2001-2002.
Ordinance appropriating a grant in the amount of $276,382 from the Texas
Department of Human Services to operate the Child and Adult Care Food
Program in the No. 1050 Federal/State Grants Funds providing for after
school supplements (snack) for youth enrolled in approved after school
enrichment programs for FY 2001-2002.
Resolution authorizing the City Manager, or his designee, to execute an
Interlocal Governmental Agreement with Corpus Christi Independent
School District to provide after school supplements (snacks) for youth
enrolled in approved after school enrichment programs for FY 2001-2001.
ISSUE: In order to provide after school supplements (snacks) for the after school
enrichment programs at the Latchkey sites and Recreation Centers, the City Council
must A) appropriate $276,382 in grant funds from the U.S. Department of Agriculture
and Texas Department of Human Services for a youth nutrition program, B) approve an
agreement with CCISD for the preparation and delivery of snacks to the sites approved
by the Child and Adult Care Food Program. This program requires no city matching
funds.
REQUIRED COUNCIL ACTION: Action is required to appropriate grant funds and
authorize the City Manager, or his designee, to execute all related contracts and
documents for the FY01-02 Child and Adult Care Food Program for youth enrolled in
after school enrichment programs.
RECOMMENDATION: Staff recommends that the City Council appropriate the Child
and Adult Care Food Program grant with U.S. Department of Agriculture and Texas
Department of Human Services and approve the Interlocal Governmental Agreement
with Corpus Christi Independent School District (CCISD).
PRIOR COUNCIL ACTION: The City Council has for eight (8) years approved a youth
nutrition grant related to the Summer Recreation Programs, however this is a new
opportunity for after school supplement (snacks) for approved sites that have an
educational and/or enrichment component.
FUNDING: Texas Department of Human Services grant funds.
ADDITIONAL SUPPORT MATERIAL
Background Information
Contract Summary
Ordinance/Resolution
Map(s)
Marco A. Cisneros, Director
Park and Recreation Department
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The U.S. Department of Agriculture (USDA) through the Texas Department of Human
Service (TDHS) provides grants for youth nutrition as a continuation of the National School
Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for
after school educational and/or enrichment activities. In order to qualify for this program, a
site must:
a) provide youth with regularly scheduled activities in an organized, structured and
supervised environment
b) include educational and/or enrichment activities as part of the programming
c) site must be located in an area served by a school where 50% or more of the youth
enrolled are eligible for free or reduced price school meals
The Park and Recreation Department has 28 Latchkey sites and 6 Recreation Centers that
qualify. (Agenda Item A). Sites to be served are: T.C. Ayers Recreation Center, Joe Garza
Recreation Center, Lindale Recreation Center, Oso Recreation Center, Oak Park Recreation
Center, Ben Garza Gym, Casa Linda Elementary, Fannin Elementary, Houston Elementary,
Meadowbrook Elementary, Menger Elementary, Carroll Lane Elementary, Central Park
Elementary, Galvan Elementary, Kostoryz Elementary, Moore Elementary, Sanders
Elementary, Smith Elementary, Yeager Elementary, Calk Elementary, Chula Vista
Elementary , Crocket Elementary, Gamia Elementary, Los Encinos Elementary, Montclair
Elementary, Oak Park Elementary, Schanen Elementary, Wilson Elementary, Woodlawn
Elementary, Windsor Park Elementary, West Oso Elementary, Flour Bluff Intermediate,
Flour Bluff Primary and Flour Bluff Early Childhood Center.
There are 5 sites that do not qualify for this program based on enrollment of youth eligible for
free and reduced school meals. These sites are Dawson Elementary, Mireles Elementary,
Jones Elementary, Barnes Elementary and Club Estates Elementary. However, to maintain
the consistency and quality of the Latchkey program, these sites will be provided an
afternoon snack. Cost of the snacks to these sites will be paid by program reimbursements
minus any operating costs.
Over the past few years, the City and CCISD have entered into local interagency agreements
for the preparation and delivery of meals to the sites with the Summer Food Service
Program. The City again proposes to enter into a contract with CCISD to prepare and deliver
snacks at a rate of $.45 per snack for the school year beginning August 13, 2001-May 23,
2001. CCISD will also maintain and provide menu preparation records. The snack consists
of fruit/vegetable, milk/juice and dessert. It is estimated that approximately 2,755 youth per
day will be served after school snacks. At each site, city staff will verify daily snack counts
and distribute snacks to youth. Total program costs are to be provided by the State's
reimbursement. No City funds will be utilized, but an ordinance is necessary to appropriate
the grant of $276,382 in order to implement the program. CCISD has approved the food
service agreement.
AN ORDINANCE
APPROPRIATING A $276,382 GRANT FROM THE TEXAS DEPART-
MENT OF HUMAN SERVICES IN THE NO. 1050 FEDERAL/STATE
GRANTS FUND TO PROVIDE AN AFTER SCHOOL SUPPLEMENT
(SNACK) FOR YOUTH ENROLLED 1N CORPUS CHRISTI INDEPEN-
DENT SCHOOL DISTRICT AFTER SCHOOL ACTIVITY PROGRAMS
DURING THE SCHOOL YEAR; AND DECLARING AN EMERGENCY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. A $276,382 grant from the Texas Department of Human Services is appro-
priated in the No. 1050 Federal/State Grants Fund to provide an after school supplement (snack)
for youth enrolled in approved Corpus Christi Independent School District after school activity
programs during the school year.
SECTION 2. Upon written request of the Mayor or five Council members, copy at-
tached, the City Council (1) finds and declares an emergency due to the need for immediate ac-
tion necessary for the efficient and effective administration of City affairs and (2) suspends the
Charter rule that requires consideration of and voting upon ordinances at two regular meetings
so that this ordinance is passed and takes effect upon first reading as an emergency measure on
the day of ,2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City SecretaD'
Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM on this the /3~-'~
JAMES R.,~eRAY. JR., CITY ATTORNEY
[lizabe . ,undlev, Assi, ant Cit o 03/
day of
,2001.
A RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
AN INTERLOCAL COOPERATION AGREEMENT WITH CORPUS
CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER
SCHOOL SNACK - CHILD AND ADULT CARE FOOD PROGRAM.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal Coop-
eration Agreement with Corpus Christi Independent School District for the After School Snack-
Child and Adult Care Food Program.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
on the day of August, 2001.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
APPROVED AS TO LEGAL FORM on the /~'~-day of
JAMES R. BRAY JR., CITY ATTORNEY
By: ElF~/~iz j~' ~"/ / · abeth~. Hundley, fi. ssist~fnt City Atto~/
2001.
'F I ' T
'~-- T ~
CITY COUNCIL
AGENDA MEMORANDUM
August 21, 2001
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute a contract with the
Texas Department of Protective and Regulatory Services for funding in the amount of
$500,000 from the Community Youth Development Program for the 78415 ZIP Code for
projects as recommended by the Community Youth Development Steering Committee
for Fiscal Year 2001 - 2002.
Ordinance appropriating $500,000 from the Texas Department of Protective and
Regulatory Services in the No. 1060 Federal/State Grants Fund to fund the Community
Youth Development Program in the 78415 ZIP Code for Fiscal Year 2001 - 2002 and
declaring an emergency.
Motion authorizing the City Manager, or his designee, to execute a subcontract with the
Boys and Girls Club of Corpus Christi of Corpus Christi in the amount of $20,318.00 to
provide services for youth ages 17 years of age and under in the 78415 ZIP Code.
Motion authorizing the City Manager, or his designee, to execute a subcontract with
Communities In Schools, Inc. in the amount of $351,218.00 to provide services for youth
ages 6 to 17 in the 78415 ZIP Code.
Motion authorizing the City Manager, or his designee, to execute a subcontract with the
Park and Recreation Department in the amount of $20,449.00 to provide services for
youth ages 6 to 17 in the 78415 ZIP Code.
Motion authorizing the City Manager, or his designee, to execute a subcontract with
Youth Odyssey, Inc. in the amount of $33,714.00 to provide services for youth ages 12
to 17 in the 78415 ZIP Code.
ISSUE:
The Texas Department of Protective and Regulatory Services (TDPRS) is continuing to
fund the Community Youth Development Program in various cities throughout the state.
The City of Corpus Christi has been allocated $500,000 in program funds for Fiscal Year
2001 - 2002 to be used in the 78415 ZIP Code area.
REQUIRED COUNCIL ACTION:
Acceptance of federal grants and contracts in excess of $15,000 require Council approval.
PRIOR COUNCIL ACTION:
On May 29, 2001 Council approved the Community Youth Development programs for Fiscal
Year 2001-2002 as recommended by the Community Youth Development Steering Committee.
Page 2, Agenda Memorandum
FUTURE COUNCIL ACTION:
Amendments in excess of $15,000 to the agreement with the Texas Department of Protective
and Regulatory Services require City Council approval.
COMMUNITY YOUTH DEVELOPMENT STEERING COMMITTEE REVIEW:
The Community Youth Development Steering Committee approved the program package in a
special called meeting on May 10, 2001.
RECOMMENDATION:
The CYD Steering Committee and Staff recommend approval of the $500,000 Community
Youth Development Program as presented for Fiscal Year 2001 - 2002.
ADDITIONAL SUPPORT MATERIAL
Background Information
Contract Summary
Ordinance/Resolution
Map(s)
X
X
X
X
Marco A. Cisneros, Director
Park and Recreation Department
CITY COUNCIL
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND: In 1995, the Texas Department of Protective and Regulatory Services
(TDPRS) developed a program to fund local grass roots efforts in the highest juvenile crime
areas of the state by ZIP Code. The program created activities that were not currently available
within the 78415 ZIP Code area. These activities were made available to youth ages 17 and
under. Eligible activities must fall within the following categories: mentoring, education,
activities, or employment.
In FY 98-99, thirteen ZIP Codes in thirteen cities (McAllen, Galveston, El Paso, Amarillo,
Corpus Christi, Brownsville, Austin, Houston, Fort Worth, Dallas, San Antonio, Waco, Lubbock)
each received $500,000 to either continue the same youth programs started the previous year
or begin new programs.
On March 28, 2001, TDPRS informed all CYD contractors of the anticipated funding level
($500,000) for Fiscal Year 2001-2002. In anticipation of this, the City of Corpus Christi, as
Fiscal Agent, called for proposals from the community. Public notice of this wes advertised in
the newspaper February 10 and 17, 2001, and all current subcontractors were informed.
Seven proposals requesting funding for $ 597,869.00 were reviewed. On May 10, 2001, the
Community Youth Development Steering Committee voted to recommend the following
proposals for submission to TDPRS:
1. Boys and Girls Club of Corpus Christi - Teen Club
$ 20,318.00
2. Communities In Schools, Inc. - Mentoring, Youth Activities,
Education and Pre-Employment Programs
351,218.00
3. Park and Recreation Department - Youth Activities
20,449.00
4. Youth Odyssey, Inc. - Youth Activities
33,714.00
5. City - Administrative Fees, Project Coordinator
74,301.00
$500,000.0O
COMMUNITY YOUTH DEVELOPMENT PROGRAM
CONTRACTS SUMMARY
1. The contract between the City of Corpus Christi and the Texas Department of
Protective and Regulatory Services (TDPRS) contains the following provisions
exclusive to this contract:
The objective of the contract amendment is to award additional program monies
in the amount of $500,000.00 to the City in order to fund current or new programs
for youth in the 78415 zip code area.
Total administrative costs charged to the contract, including subcontractods
administrative costs, cannot exceed 10% of the contract amount ($50,000). Total
administrative overhead costs are $25,594.76.
The City agrees to provide the following programs using the services of five
subcontractors: mentoring, youth activities, youth employment, and educational
programs.
The City will have until the 30th of the following month to submit bills to TDPRS
for payment for previous month's services. TDPRS will try to process the bills
received in an accurate and timely manner but does not guarantee immediate
payment.
e. A self-evaluation report must be submitted to TDPRS within 90 days following the
end of the contract period.
Minor changes in service delivery shall be negotiated between the subcontractor
and the City and reported to the Steering Committee and TDPRS within 30 days.
Substantial changes to program services must be approved in writing, in
advance, by the Steering Committee. Any changes to the type of service to be
provided, or requiring development of a new subcontract, must be approved in
advance by both the Steering Committee and TDPRS.
The contract between the City of Corpus Christi and the Boys and Girls Club of
Corpus Christi, Communities In Schools, Inc., City of Corpus Christi Park and
Recreation Department, and Youth Odyssey, Inc. contain the following provisions
exclusive to these contracts:
a. Subcontractors will have until the 10th of the following month in which the service
is provided to submit billings to the City for payment.
Subcontractors must submit Consent Forms, Registration Forms and a Monthly
Participant Summary Sheet with their monthly billings. Failure to submit these
forms will delay reimbursement of that month's billings.
Page 2, Contracts Summary
c. Subcontractors must submit a self-evaluation report to the City within 45 days
following the end of the contract period.
Subcontractors must secure prior written approval: 1 ) For transfers between line
items for any dollar amount; 2) VVhen transfers, regardless of the amount, would
result in a significant change in the character or scope of the programs; 3) When
needing to add a line item, cost or expenditure to the budget. Lack of prior
approval in these instances will be grounds for nonpayment of the item or items
involved and/or termination of this contract at the option of the Fiscal Agent.
3. All contracts include the following provisions:
The obligations of the City and TDPRS under this Contract are expressly
contingent upon the availability of funds for such purpose under the funding
sources. If funds for this contract become unavailable dudng any budget period,
these contracts may be immediately terminated or reduced at the discretion of
TDPRS.
b. The term of the contract is for one year from September 1, 2001 through
August 31, 2002.
The City and subcontractors will be responsible for the protection of all
equipment purchased with program monies by subcontractors for their programs.
Equipment is defined as costing more than $2,500 and having a life expectancy
of more than 2 years.
d. All financial, programmatic, and supporting documentation and records must be
kept a minimum of five years after the termination of the contract period.
78415 Community Youth Development
78415 ZIP Code Boundaries
(Does not include 78415 Rural Route)
Tarlton Blevins S. Staples
Gollihar
McArdle
Holly
Sarato(~a
AN ORDINANCE
APPROPRIATING A $500,000 GRANT FROM THE TEXAS DEPART-
MENT OF PROTECTIVE AND REGULATORY SERVICES IN THE
NO. 1060 FEDERAL/STATE GRANTS FUND FOR THE COMMUNITY
YOUTH DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE AREA;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. A $500,000 grant from the Texas Department of Protective and Regulatory. Ser-
vices is appropriated in the No. 1060 Federal/State Grants Fund for the Community Youth De-
velopment Program in the 78415 ZIP Code area.
SECTION 2. 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 ordi-
nance 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
APPROVED AS TO LEGAL FORM this
JIMMY R. BRAY, JR., CITY ATTORNEY
By:
~ day of
Elizabe~R. Hundley. Ass(stant City A~ey
,2001.
17
I~ ~
CITY COUNCIL
AGENDA MEMORANDUM
DATE: August t0, 2001
SUBJECT: One-Way School Zone Traffic Pattern for Palmira Drive
for Seashore Learning Center Charter School
AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 - Traffic,
Section 53-250 ~ Schedule I, One-way Streets and Alleys, Section (a-l) School Areas,
by establishing a one-way northbound traffic pattern on Palmira Drive from Almeria
Avenue to Encantada Avenue, during the school hours of Seashore Learning Center
Charter School, during certain hours on schooldays only.
ISSUE: The principal of the Seashore Learning Center Charter School on Encantada
Drive has requested the City to implement a one-way traffic pattern on Palmira Drive
adjacent to this school (Exhibit 1) during morning and afternoon school hours to
improve school zone traffic circulation and student pedestrian safety.
REQUIRED COUNCIL ACTION: One-way traffic patterns on any public street or alley
must be approved by the City Council.
RECOMMENDATION: Approval of the proposed ordinance as presented.
'Angel R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL:
Additional Background Information
Exhibit 1 - Site Map - Proposed One-Way School Zone Traffic Pattern
AgMemSeashoreLearnCtr 801
One-Way School Zone Traffic Pattern for Seashore Learn nq Center Schoo
Page 1 of 3
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
Seashore Learning Center is a kindergarten through sixth grade public elementary
school for the Padre Island and Flour Bluff community. The average attendance at this
school exceeds the 150 students identified in the City's Code of Ordinances for
providing school zone controls on abutting public streets.
The director of the Seashore Learning Center Charter School has requested the City to
study the feasibility of converting Palmira Drive immediately abutting this school to a
one-way street during morning and afternoon school hours. Traffic congestion, conflicts
with two-way traffic movements, and increasing hazards to students needing to cross
the current two-way traffic flow on Palmira Drive are the reasons cited for introducing
the one-way traffic pattern.
The study process for one-way school zone requests considers the probable traffic
impact of the proposed one-way traffic pattern on neighboring streets, existing
directional traffic and driveway turning movements on the proposed one-way streets
Staff. s analysis of the traffic conditions at these schools have included interviews with
school officials, detailed traffic counts, examination of related traffic accident experience
and discussions with the Police Department.
One-Way Street Criteria. The Traffic Engineering Division has three objectives for
implementation of one-way school zone traffic patterns: (i) improved student pedestrian
safety, (ii) reduction of school-related traffic congestion, and (iii) nominal impact of
redirected traffic on abutting residential streets. Based on the observed traffic
conditions and ordinary occurrence of these conditions throughout the school year,
Staff is confident that the proposed one-way traffic pattern on the identified street
sections will satisfy these requisite conditions.
Development Alonq Palmira Drive / Impact of Proposed Traffic Pattern. Palmira
Drive is a residential zoned street with the smallest (24-ff) street width. There is little
development on this street presently except the school. Only single-family residential
homes front onto or side onto this and immediately adjacent streets.
Palmira has a current traffic demand of approximately 400 vehicles per schoolday. The
majority of the current traffic demand travels the northbound direction of the proposed
one-way pattern.
The proposed one-way school zone lends itself well to the desired direction parents
should be taking to and from the school. Redirected traffic (normally turning from
Encantada Avenue onto Palmira) has the option of using a number of other nearby
streets to by-pass the one-way school zone.
One-Way School Zone Traffic Pattern for Seashore Learninq Center School
Page 2 of 3
Prior Council Action: Since 1966, prior City Councils have approved one-way school
zone traffic patterns on 40 street sections at 32 elementary and middle school zones in
Corpus Christi.
Review by Transportation Advisory Committee: The Transportation Advisory
Committee has reviewed the Staff recommendation and unanimously voted to
recommend approval to the City Council.
One-Way School Zone Traffic Pattern for Seashore Learninq Center School
Page 3 of 3
ENCANTADA AVENUE
ORELEARNING
CENTER SCHOOL
ALMEI
PROPOSED ONE-WAY
SCHOOLZONE
TRAFFIC PATTERN
SEA PINES DRIVE
Page I of 3
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53 -- TRAFFIC, ARTICLE
VIII. SCHEDULES, §§ 53-250-53-258, SECTION 53-250, SCHEDULE I --ONE-
WAY STREETS AND ALLEYS, SUBSECTION (a-l) SCHOOL AREAS, BY
ESTABLISHING A ONE-WAY TRAFFIC PATTERN NORTH ON PALMIRA DRIVE
IN THE DIRECTION FROM ALMERIA AVENUE TO ENCANTADA AVENUE
DURING THE SCHOOL HOURS OF SEASHORE LEARNING CENTER CHARTER
SCHOOL; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Code of Ordinances Chapter 53 -- Traffic, Article VIII.
Schedules, §§ 53-250-53-258, Section 53-250, Schedule I, One-way streets and alleys,
subsection (a-l) School Areas, is amended to read as follows and by adding the following
street portion:
"Chapter 53 - Traffic
"Article VIII. Schedules, §§ 53-250-53-258
"Section 53-250. Schedule I-One-way streets and alleys.
"(a-l) School Areas. ~. In accordance with section 53-103 and when
properly signposted, all traffic shall move only in the direction indicated during the scli~°l
hours indicated by signs on the following streets or portions of streets:
"Street or
Portion of Street
Direction
of Traffic
"Palmira Drive, from Almeria Avenue to Encantada Avenue. North
H:\LEG-DIR\DoyleDCurtis~IYDOCS~2001\ORD2001.100\Ordinanc. es\Traffic.eng\lWAYSTRT~Palmira lway. Ord,wpd
Page 2 of 3
SECTION 2. Publication shall be made one time in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 3. A violation of this one-way traffic pattern may result in a citation being
issued and a fine being assessed.
H:~EG-DIR\I3oyleDCurtis~MYDOCS~001~ORD2O01.100\O rdin anc.es\Traffic, eng\lWAYSTRT~Palmira lway. Ord.wpd
~
CITY COUNCIL
AGENDA MEMORANDUM
SUBJECT: Speed Limit Revision on Up River Road
DATE: August 10, 2001
AGENDA ITEM: Ordinance amending Code or Ordinances Section 53-254, Schedule
V, Increase of State Speed Limit in Certain Zones, by revising the speed limits on Up
River Road from 40 MPH to 35 MPH between Harney Road and a point approximately
1,200-feet west of Rehfield Road, and providing for penalties.
ISSUE: Speed limit revisions are necessary to reflect changes in abutting land uses,
traffic congestion, traffic accident experience, roadway improvements or physical
changes warranting higher or lower speed limits, and changes in predominantly used
travel speeds by motorists on particular road sections.
RECOMMENDATION:
outlined above.
Staff recommends approval of the proposed ordinance as
ADDITIONAL SUPPORT MATERIAL
Background Information
Exhibit "1" - Site Map of Up River Road
Ordinance
AgMemUpriverSpLrnt,801
Director of Engineering Services
Speed Limit Revisions on Up River Road
Page 1 of 2)
AGENDA MEMORANDUM
Additional Background Information
Backqround Information
Methodology for Setting Speed Limits on Streets: The procedures used to set speed
limits on urban streets are the result of years of research and experience in the urban
street business. Like most cities, the Traffic Engineering staff uses what is known as the
"85th-percentile" speed methodology to set speed limits. The "85th-percentile" speed, is
the speed at which 85% of motorists, determined through a thorough sampling of travel
speeds on a street, are driving at or below. Two key assumptions in choosing the 85th
percentile speed for selecting speed limits, also backed up by years of research, are that
(a) 15% of drivers tend of drive at an unreasonably high, unsafe speed and (b) that a
strong majority (typically 70%) of drivers travel at a speed between the measured
"median" (average) speed, and the "85th-percentile'' speed.. However, in cases of
traffic accident experience and type of abutting property development, Traffic
Engineering Staff normally recommends speed limits lower than the 85th-percentile
speed as a traffic management and speed control measure.
Up River Road Characteristics: The subject section of Up River Road is a semi-rural
functional "collector" roadway paralleling Interstate 37 on its north side. The roadway,
which has an average traffic demand of 1,500 VPD, has a considerable amount of
"through" traffic which use two other intersecting streets (Hart Road and Callicoate Road)
to cross Interstate 37 to Leopard Street. This section of Up River Road has predominant
residential development fronting onto and siding onto the street. There are numerous
horizontal curves along the route, with advisory speed reductions of 30 and 35 MPH.
Citizen Complaints: The origin of Traffic Engineering's recommended speed limit
reduction is requests for a speed limit reduction from several property owner residents
along this section of Up River Road. The concern is for numerous speed related traffic
accidents and growing use of this street for residential activities such as jogging and
bicycling. Although the measured 85th-percentile speed is closer to 40 MPH, the
recommended 35 MPH speed limit is felt to be a more practical and safer speed in
response to the recent traffic accidents and horizontal curvature along several sections of
this street.
Board / Committee Review: The Transportation Advisory Committee has reviewed this
Staff recommendation and voted unanimously to recommend City Council approval.
Speed Limit Revisions on Up River Road
Page 2 of 2)
INTERSTATE 37
EXIST. 40 M.P.H. SPEED LIMIT
1, oll
All
LEGEND
PROPOSED SPEED LIMIT REVISION
(FROM 40 MPH TO 35 MPH)
INTERSTATE 37
® EXIST. 35 M.P.H. SPEED LIMIT
EXHIBIT 1 SITE MAP
e SUBJECT: PROPOSED -- SPEED LIMIT REVISION ON UP RIVER ROAD Traffic Engineering Div.
Engineering Services Dept.
Page I of 3
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53 - TRAFFIC,
SECTION 53-254. SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN
CERTAIN ZONES, BY DECREASING THE SPEED LIMIT ON UP RIVER ROAD
FROM 40 TO 35 MPH BETWEEN HARNEY ROAD AND A POINT
APPROXIMATELY 1,200 FEET WEST OF REHFIELD ROAD; PROVIDING
PENALTIES; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Code of Ordinances Chapter 53 - Traffic, Section 53-254,
Schedule V, is hereby amended by:
Deleting the following provisions shown in st-t'F~-eout:
"Up River Road:
And in lieu thereof adding the following provisions shown in underline:
"Up River Road:
"FrOm ViOlet Road to a point approximately 1,200 feet west of Rehfleld ROad
35 mph- At all times
"From a point approximately 1,200 feet west of Rehfield Road to Sharpsburq
Road- 40 moh - At all times
SECTION 2. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 3. A violation of these speed limits may result in a citation being issued and
a fine being assessed.
H:~EG-DIR\DoyleDCurtisWIYDOCS~001 ~ORD2001.100~Ordina nc.es\Traffic.eng~Traff, Ord\UpRiver. S peed,wpd
Page 2 of 3
SECTION 4. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 21 st day of August, 2001.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
LEGAL FORM APPROVED August 16, 2001
James R. Bray, Jr.
City Attorney
Doyle D. (~rtis
Senior Assistant City Attorney
H:~LEG-DIR\DoyleDCurtis~vlYDOCS~2001 ~O RD2001.100~Ordina nc.es\Traffic.eng\Traff. Ord\U pRiver. Speed.wpd
19
CITY COUNCIL
AGENDA MEMORANDUM
Date: Au,qust 9, 2001
AGENDA ITEM: Ordinance authorizing the City Manager or his designee, to execute a ten-year lease
with the Corpus Christi Model Railroad Club, Inc., a non-profit organization, for the use of City
property at 821 Louisiana Avenue for recreational purposes in consideration of Corpus Christi Model
Railroad Club, Inc., maintaining the premises and improvements and opening the facility to the public;
providing for severance; and providing for publication.
ISSUE: The previous five-year lease expired on January 22, 2001 and the club has asked to continue
operations in the facility under the same terms. The club is in good standing with the Park and
Recreation Department.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
BOARD/COMMITTEE REVIEW: At the August 9, 2000, Park and Recreation Advisory Board
meeting, the committee recommended approval of the lease.
RECOMMENDATION: The staff recommends that the ten-year lease with the Corpus Christi Model
Railroad Club, Inc. for the use of the building and facilities at 821 Louisiana for recreational purposes
be approved.
Director of Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information x
Lease Summary x
Ordinance/Resolution x
Map(s) x
AGENDA MEMORANDUM
BACKGROUNDINFORMATION
BACKGROUND: The Corpus Christi Fire Department declared Old Fire Station #6, located at $21
Louisiana Avenue, surplus property in 1990. The station was taken over by the Park and Recreation
Department at that time. The Fire Department relinquished all claims and responsibility to that property
on September 19, 1995.
The Corpus Christi Model Railroad Club, Inc. has used the property since 1996 and holds its regular
meetings there. The club has been in existence for 30 years and is a non-profit organization whose
purpose is to promote interest in the hobby of building model railroad sets.
The chub has a layout that can travel to groups like schools and nursing homes. On most Saturdays, the
club members are working at the large layout at the old fire station building track and creating landscapes
in the garage. The layout represents thousands of miles of track.
AGENDA MEMORANDUM
LEASE SUMMARY
1. The Corpus Christi Model Railroad Club, Inc. has leased the building and facilities at 821 Louisiana
Avenue for the last five years.
2. The term of the new lease is ten years.
3. Lessee agrees to allow use of the facility as a polling place for any public elections.
4. Lessee agrees to maintain, at the lessee's expense during the term of the Agreement, a commemial
general liability insurance policy.
5. Lessee agrees to pay for all utilities to include water, wastewater, solid waste, phone and electrical
service.
6. Either pady may cancel this lease without cause if the party canceling has given the other party 45
days prior written notice.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE-
CUTE A TEN-YEAR LEASE WITH THE CORPUS CHRISTI MODEL
RAILROAD CLUB, INC., A NON-PROFIT ORGANIZATION, FOR THE
USE OF CITY PROPERTY AT 821 LOUISIANA AVENUE FOR RECRE-
ATIONAL PURPOSES AND IN CONSIDERATION OF CORPUS CHRISTI
MODEL RAILROAD CLUB, INC., MAINTAINING THE PREMISES AND
IMPROVEMENTS AND OPENING THE FACILITY TO THE PUBLIC;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a ten-year lease with
the Corpus Christi Model Railroad Club, Inc., a non-profit organization, for recreational purposes
and in consideration of the Corpus Christi Model Railroad Club, Inc., maintaining the premises
and improvements and opening the facility to the public. A copy of the lease, including exhibits
that are attached to and incorporated into the lease, is on file with the City Secretary.
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force
and effect for its purpose.
SECTION 3. Publication will be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
i
EXHIBIT "A"
K~
.LEASE AREA
~'-~ ·
20
I~ T
CITY COUNCIL
AGENDA MEMORANDUM
Date: Auqust 10~ 2001
AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute a five-year lease
with Great Western Soccer League, a non-profit organization, for the use of city property, to wit: Terry
and Bobby Labonte Park, for its soccer program and in consideration of Great Western Soccer
League maintaining the premises and improvements; providing for severance; and providing for
publication.
ISSUE: The previous Use Permit expired on March 8, 1998 and the Great Western Soccer Association
has asked for a new lease for five years. The league is in good standing with the Park & Recreation
Department.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
BOARD/COMMITTEE REVIEW: At the March 14, 2001, Park and Recreation Advisory Board meeting,
the committee recommended approval of the lease.
RECOMMENDATION: The staff recommends that the five-year lease with the Great Western Soccer
League be approved.
Marco A Cisneros,
Director of Park and Recreation
ADDITIONAL SUPPORT MATERIAL
Background Information x
Lease Summary x
Ordinance/Resolution x
Map(s) x
AGENDA MEMORANDUM
BACKGROUND INFORMATION
BACKGROUND: Terry and Bobby Labonte Park was previously called Nueces River Park. The Great
Western Soccer League has operated a youth soccer league at the soccer fields in the park since 1983
on a non-contractual basis. The league was recently issued a Use Permit by the Park and Recreation
Department, which expired on March 8, 1998. The League would like to obtain a five-year lease of the
park for youth soccer use. The league has had over 500 youth participating in the soccer program in the
fall season and over 300 in the spring season. The youth served are in the ages of under-6 up through
age 19. They also use the fields some weekends in April or May and during the summer for pick-up
games with interested youth.
¥ T- T'
AGENDA MEMORANDUM
LEASE SUMMARY
1. The Great Western Soccer League has been using the fields at Labonte Park for youth soccer
programs. A Use Permit was issued for a term lasting from February 8, 1997 to March 8, 1998.
2. The term of the new lease is five years.
3. Lessee agrees to operate a youth soccer program and maintain the premises.
4. Lessee agrees to secure and maintain, at lessee's expense during the term of the Agreement, a
commercial general liability insurance policy.
5. Lessee agrees to pay for all utilities used by it or for any activity sponsored by the lessee.
6. Either City of lessee may terminate the lease without cause by giving 30 days written notice to the
non-terminating party.
EXHIBIT A
KEY
0
LEASE AREA
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE-
CUTE A FIVE-YEAR LEASE WITH GREAT WESTERN SOCCER LEAGUE,
A NON-PROFIT ORGANIZATION, FOR THE USE OF CITY PROPERTY,
TO WIT: TERRY AND BOBBY LABONTE PARK, FOR ITS SOCCER PRO-
GRAM AND IN CONSIDERATION OF GREAT WESTERN SOCCER
LEAGUE MAINTAINING THE PREMISES AND IMPROVEMENTS; PRO-
VIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a five-year lease with
Great Western Soccer League. a non-profit organization, for the use of Ci .ty property, to wit:
Terry and Bobby Labonte Park, for its soccer program and in consideration of Great Western
Soccer League maintaining the premises and improvements. A copy of the lease, including ex-
hibits that are attached to and incorporated into the lease, is on file with the City Secretary.
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivisiom phrase, word and provision hereof shall be given full force
and effect for its purpose.
SECTION 3. Publication will be made in the official publication of the City of Corpus Christi
as required by the City Charter of the City of Corpus Christi.
21
CITY COUNCIL
AGENDA MEMORANDUM
August21,2001
AGENDA ITEM: Ordinance authorizing the City Manager, or designee, to execute
Lease No. DTFA07~02-L-00805, on land at Corpus Christi International Airport,
Terminating September 30, 2002, with an option to renew annually through September
30, 2011, with the U.S. Department of Transportation, Federal Aviation Administration
("FAA") for the operation of an engine generator and underground fuel tank in
consideration of the obligations assumed by the FAA in its establishment, operation and
maintenance of the facilities upon the leased premises; and providing for publication.
ISSUE: The Federal Govermnent has aneed to continue its lease of land at the Corpus Christi
International Airport, together with right of way for ingress and egress, on which is located a van
housing a motor generator and an underground two-thousand gallon fuel tank; both of which are
essential for the operation of aircraft and airport.
REQUIRED COUNCIL ACTION: This lease requires the authorization of City Council by
ordinance.
PREVIOUS COUNCIL ACTION: Council authorized by ordinance previous FAA Lease No.
DTFA07-92-L-01000, which expires on September 30, 2001 without provision for renewal.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance
as submitted.
BOARD/COMMITTEE REVIEW: The Airport Board recommended Council approval of
ordinance authorizing this lease.
Additional Support Material
Background Information X
Dave Hamrick
Acting Director of Aviation
I
ADDITIONAL BACKGROUND INFORMATION I
I
August 21, 2001
This site, situated immediately north of the existing (old) tower building, is approximately 40
feet by 40 feet in size. The FAA maintains this generator for emergency back-up power to
allow them to continue to provide radar, aircraft separation, and other air traffic control
services in the event of a power failure. A 2000-gallon underground diesel fuel storage tank
that is also owned and maintained by the FAA fuels the generator.
If I
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE
LEASE NO. DTFA07-02-L-00805, ON LAND AT CORPUS CHRISTI
INTERNATIONAL AIRPORT, TERMINATING SEPTEMBER 30, 2002,
WITH AN OPTION TO RENEW ANNUALLY THROUGH SEPTEMBER 30,
2011, WITH THE U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL
AVIATION ADMINISTRATION ("FAA") FOR THE OPERATION OF AN
ENGINE GENERATOR AND UNDERGROUND FUEL TANK IN
CONSIDERATION OF THE OBLIGATIONS ASSUMED BY THE FAA IN
ITS ESTABLISHMENT, OPERATION AND MAINTENANCE OF THE
FACILITIES UPON THE LEASED PREMISES; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Authorizing the City Manager, or Designee, to execute lease No. DTFA07-02-L-
00805, on land at Corpus Christi International Airport, terminating September 30, 2002, with an
option to renew annually through September 30, 2011, with the U.S. Department of Transportation,
Federal Aviation Administration ("FAA") for the operation of an engine generator and underground
fuel tank in consideration of the obligations assumed by the FAA in its establishment, operation and
maintenance of the facilities upon the leased premises. A copy of the lease is on file with the City
Secretary.
SECTION 2. 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.
JPB\AIRPORT LEASE\ORDNIANCE
U.S. Departmeut of Trausportation
FEDERAL AVIATION ADMINISTRATION
Southwest Region
Fort Worth, Texas 76193-0054
LEASE
Lease No. DTFA07-02-L-00805
Engine Generator and
Underground Fuel Tank
Corpus Christi Int'l Airport
Corpus Christi, Texas
Beta,veen
THE CITY OF CORPUS CHRISTI, TEXAS
and
THE UNITED STATES OF AMERICA
THIS LEASE, made and entered into this __ day of _, in the year
2001 by and between TFIE CITY OF CORPUS C~IRISTI, TEXAS, whose address is:
Department of Aviation, 1000 International Drive, Corpus Christi, Texas 78406-1801, for
itself or its successors, and assigns, hereinafter referred to as the Lessor and the UNITED
STATES OF AMERICA, hereinafter referred to as the Government:
WITNESSETH: The parties hereto for the consideration hereinafter mentioned
covenant and agree as follows:
1. PREMISES:
For the term beginning October 1, 2001, and ending September 30, 2002, the Lessor
hereby leases to the Government the following described property, hereinafter referred to as
the premises, VIZ:
ENGINE GENERATOR AND UNDERGROUND FUEL TANK SITE
A land site for an engine generator and an underground fuel tank, Corpus Christi
International Airport, Corpus Christi, Texas, more particularly described on Exhibit "A,"
drawing SW-C-8517, revised July 20, 1976, attached hereto and made a part hereof.
(a) Together ;vith a right-of-;vay for ingress to and egress from the premises; a right-
of-way for establishing and maintaining a pole line or pole lines for extending electric power
and/or telecommunication lines to the premises; and a right-of-way for subsurface power,
communication and/or xvater lines to the prenfises; all rights-of-way to be over the said lands
and adjoining lands of the Lessor, and unless herein described otherwise, to be by routes
reasonably determined to be the most convenient to the Government.
Lease DTFA07-02-L-00805
Engine Generator and
Underground Fuel Storage Tank
Corpus Christi International Airport
Corpus Christi, Texas
(b) And the right of grading, conditioning, and installing drainage facilities, and seeding
the soil of the premises, and the removal of all obstructions from the premises which may
constitute a hindrance to the establishment and maintenance of Government facilities.
(c) And the right to make alterations, attach fixtures, and erect additions, structures, or
signs, in or upon the premises hereby leased, which alterations, fixtures, additions, structures
or signs so placed in or upon, or attached to the said premises shall be and remain the property
of the Government, and may be removed upon the date of expiration or termination of this
lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees,
or purchasers of said alterations, fixtures, additions, structures, or signs.
2. RENEWAL OPTION:
This lease may, at the option of the Government, be renewed from year to year and
otherwise upon the terms and conditions herein specified. The Government's options shall be
deemed exercised and the lease renewed each year for one (1) year unless the Government
gives thirty (30) days' notice that it will not' exercise its options, before this lease or any
renewal thereof expires; PROVIDED, that no renewal thereof shall extend the period of
occupancy of the premises beyond the 30th day of September, 2011.
3. CANCELLATION:
The Government may terminate this lease at any time by giving at least thirty (30) days'
notice in writing to the Lessor. Said notice shall be sent by certified or registered mail.
4. RENT:
The Government shall pay the Lessor no monetary consideration in the form of rental,
it being mutually agreed that the rights extended to the Government herein are in consideration
of the obligations assumed by the Government in its establishment, operation, and maintenance
of the facility upon the premises hereby leased.
5. RESTORATION:
The Government shall surrender possession of the premises upon the expiration or
termination of this lease. If the Lessor, by written notice at least thirty (30) days before the
date of expiration or termination, requests restoration of the premises, the Government, at its
option, shall within ninety days (90) after such expiration or ter. mination, or within such
additional time as may be mutually agreed upon, either (1) restore the premises to as good
condition as that existing at the time of the Government's initial entry upon the premises under
this lease or any preceding lease, ordinary wear and tear, damage by nature elements and by
circumstances over which the Goverument has no control, excepted or (2) make an equitable
Lease DTFA07-02-L-00805
Engine Generator and
Underground Fuel Storage Tank
Corpus Christi International A/rport
Corpus Christi, Texas
adjustment in the lease amount for the cost of such restoration of the premises or the
diminution of the value of the premises if unrestored, whichever is less. Should a mutually
acceptable settlement be made hereunder, the parties shall enter into a supplemental agreement
hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a
dispute concerning a questing of fact within the meaning of Article 13 of this lease.
6. INTERFERENCE WITH GOVERNMENT OPERATIONS:
The Lessor agrees not to erect or allow to be erected any structure or obstruction of
whatsoever kind or nature on the site or adjoining land within the airport boundaries that may
interfere with the proper operation of the facilities installed by the Government under the terms
of this lease unless consent hereto shall first be secured from the Government in writing.
7. FUNDING RESPONSIBILITY FOR GOVERNMENT FACILITIES:
The Lessor agrees that any relocation, replacement, or modification of any existing or
future Government facilities covered by this lease during its term or any renewal thereof made
necessary by airport improvements or changes which in the Government's opinion interfere
with the technical and/or operational characteristics of the Government's facilities will be at the
expense of the Lessor, except when such improvements or changes are made at the written
request of the Government. In the event such relocations, replacements, or modifications are
necessitated due to causes not attributable to either the Lessor or the Government, funding
responsibility shall be determined by the Government. Any such funding determination by the
Government shall be fair and reasonable.
8. HAZARDOUS SUBSTANCE CONTAMINATION:
The Government agrees to remediate, at its sole cost, all hazardous substance
contamination on the leased premises that is found to have occurred as a direct result of the
installation, operation, and/or ~naintenance of the Government's facilities. The Lessor agrees to
remediate, at its sole cost, any and all other hazardous substance contamination found on the
leased premises. The Lessor also agrees to save and hold the Government harmless for any
and all costs, liabilities and/or claims by third parties that arise out of hazardous contamination
found on the leased premises not directly attributable to the installation, operation and/or
maintenance of the Government's facilities.
9. ENVIRONMENTAL RESPONSIBILITY:
Any environmental responsibility in regards to the above ground fuel tank will remain
the sole responsibility of the Government.
Lease DTFA07-02-L-00805
Engine Generator and
Underground Fuel Storage Tank
Corpus Christi International Airport,
Corpus Christi, Texas
10. QUIET ENJOYMENT:
The Lessor warrants that they have good and valid title to the premises, and rights of
ingress and egress, and warrants and covenants to defend the Government's use and enjoyment
of said premises against third party claims.
11. OFFICIALS NOT TO BENEFIT:
No member of or delegate to Congress, or resident commissioner, shall be admitted to
any share or part of this contract, or to any benefit arising from it. However, this clause does
not apply to this contract to the extent that this contract is made with a corporation for the
corporation's general benefit.
12. COVENANT AGAINST CONTINGENT FEES:
The Lessor warrants that no person or agency has been employed or retained to solicit
or obtain this lease upon an agreement or understanding for a contingent fee, except a bona
fide employee or agency. For breach or violation of this warranty, the Government shall have
the right to annul this lease without liability or, in its discretion, to deduct from the lease
consideration, or otherwise recover the full amount of the contingent fee.
13. CONTRACT DISPUTES:
All contract disputes arising under or related to this contract shall be resolved under
this clause, and through the Federal Aviation Administration (FAA) Dispute Resolution
System. Judicial review, where available, will be in accordance with 49 U.S.C.46110 and shall
apply only to final agency decisions. The decision of the FAA shall be considered a final
agency decision only after a lessor has exhausted their administrative remedies for resolving a
contract dispute under the FAA Dispute Resolution System.
A contract dispute shall be made in writing and signed by a Lessor or duly authorized
representative of the Lessor and submitted to the Contracting Officer, that it is disputed either
as to liability or amount. Submission shall be within six months after the accrual of the
contract dispute. The contracting officer's decision concerning the contract dispute shall be
binding on the parties unless the Lessor references the matter to the FAA Office of Dispute
Resolution for Acquisition. Information relating to submitting a dispute will be provided by
the Contracting Officer, upon request.
Lease DTFA07-02-L-00805
Engine Generator and
Underground Fuel Storage Tank
Corpus Christi International AirpmX
Corpus Christi, Texas
14. LESSOR'S SUCCESSORS:
The terms and provisions of this lease and the conditions herein bind the Lessor and its
successors and assigns.
15. NOTICES:
All notices/correspondence shall be in writing, and shall be addressed as follows (or to
such othm: address as either party may designate from time to time by notice or
correspondence to the other):
TO LESSOR: The City of Corpus Christi, Texas
Department of Aviation
1000 International Drive
Corpus Christi, Texas 78406-1801.
TO GOVERMM~NT: Department of Transportation
Federal Aviation Administration
Property and Services Branch, ASW-54
Fort Worth, TX 76193-0054.
IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as
of the date first above written.
CITY OF CORPUS CHRISTI, TEXAS
BY:
TITLE:
THE UNITED STATES OF AMERICA
BY: .~'~'/~l;b~&' c--. Ct. t,~p~-'
SHARON E. WYNN'd
TITLE: CONTRACTING OFFICER
Lease DTFA07-02-L-00805
Engine Generator and
Underground Fuel Storage Tank
Corpus Christi International Airport
Corpus Christi, Texas
CORPORATE CERTIFICATE
I, , certify that I am the
of the Corporation named in the foregoing agreement, that
who signed the agreement on behalf of said Corporation, was then
thereof, that said agreement was duly signed for and in behalf of said Corporation by authority
of its governing body, and is within the scope of its corporate powers.
Dated this day of ~ 20
Signed by
CORPORATE SEAL
DEPARTMENT OF TRANSPORTATION
.... ~ ~&..? ~......I
:~,,, .... :"_~:.,_ '"'_:-.""-- .
22
'r - I
ORDINANCE STATUS
AGENDA ITEM:
Ordinance changing the name of Elbow Drive to Pescadores Drive between Almeda
Avenue and Park Road 22; providing for severability; and providing for publication.
FIRST READING:
July 24, 2001
Passed: 9-0 (Unanimous vote)
FINAL READING:
August 21, 2001
COMMENTS:
(None)
CITY COUNCIL
AGENDA MEMORANDUM
SUBJECT:
Proposed Re-naming of Elbow Drive
to Pescadores Drive
Date: July 13, 2001
AGENDA ITEM:
a. Public hearing for the application to re-name Elbow Drive to Pescadores Drive between
Almeria Avenue and Park Road 22.
b. Ordinance changing the name of Elbow Drive to Pescadores Drive between Almeria
Avenue and Park Road 22.
ISSUE: The City has received a request ( Exhibit 1) from the St. Andrew by the Sea Catholic
Church to change the name of Elbow Drive to Pescadores Drive located in the Padre Island Unit 4
Subdivision. The St. Andrew by the Sea Catholic Church (Catholic Diocese) owns a significant
amount of properly along Elbow Drive.
REQUIRED COUNCIL ACTION: The Code of Ordinances specifies the process for the naming and
re-naming of public streets. This process requires the City Council to conduct a public hearing to
receive public comment on the proposed re-naming and to render a decision. The City Secretary's
Office has published notice of this public hearing and also sent notices of the public hearing to all
property owners on the two block section of Elbow Drive.
RECOMMENDATION: Staff recommends Council conduct a public hearing to determine whether
adoption of the ordinance is warranted.
¢;ctor'o, Engin;er;n~ Services
ADDITIONAL SUPPORT MATERIAL
Background Information
Applicant Request - Exhibit 1
Site Map - Exhibit 2
Ordinance
AgMemEIbow-PescadoresSNChange 701
Proposed Re-Naming of Elbow Ddve to Pescadores Ddve
Page I of 3
AGENDA MEMORANDUM
Additional Background Information
Back.qround:
This application submitted by the St. Andrew by the Sea Catholic Church was submitted to the City
Secretary's Office in May, 2001. However, discussion of the proposed re-naming was initiated with
the City Staff much earlier this year. Therefore, this application will be the last street naming
application submitted to the City Council prior to the Council's final consideration of recommended
revisions to the Street Name Change ordinance in August.
Street Re-naminR Process:
Following is a brief summary of the procedure established for re-naming city streets: 1. Applicant must reside on or own property owner on the subject street section.
2. Application to provide list of all owners and tenants whose residences or places of business
are on subject street.
3. In absence of all owners signed to the petition for renaming street, a $25 fee to accompany
the application - - such fee intended to cover the cost for the City's expenses to prepare
notices to all affected property owners and tenants and to publish a public notice.
4. City Manager notifies Traffic Engineer, Utilities Office Manager, Director of Planning,
Director of Engineering, Fire Chief, Police Chief, and U.S. Postmaster of the proposed
renaming for response comments.
5. City Manager sets date for public hearing by the City Council.
8. City Secretary provides notice to all affected property owners and tenants not less than
three days in advance of the public hearing.
7. On date of the Council's public hearing, the Council shall render a decision at that time or at
some other time convenient for the Council to continue the matter.
Prior Council Action / Policy on Re-namin.q Streets:
· City Council established an official Council policy in 1994 which declines to change the names
of streets in Corpus Christi except under unusual, extenuating circumstances (Resolution
21901, 03-22-1994)
· City Council approved a resolution supporting the designation of State Highway 44 from the
City Limits of Corpus Christi to the City Limits of Robstown, Texas, as the Cesar Chavez
Memorial Highway (Resolution 23377, 07-16-1998)
· City Council approved the name "Northwest Boulevard" to supplement the State's F.M. 624 State-
system designation of this street. In addition, Council approved re-naming sections of Up River
Road (to Leopard Street) and Leopard Street (to Interstate 37 Access) in the Northwest area for
consistency purposes (Ordinances 023585-023588, 03-23-1999).
· City Council approved the renaming of a single block section of Belden Street to Concrete Street
(Ordinance 024351, 01-30-2001)
· City Council approved the renaming of a two block section of Ocean Drive to Water Street
(Ordinance 024493, 07-10-2001 )
Street Description /
The subject section of Elbow Drive (Exhibit 2) comprises two block sections with a total street
length of approximately 1,000-feet. As noted in the attached application from Ms. Cheryl Hooper,
Director Religious Education for St. Andrew by the Sea Catholic Church, the requested name
change was submitted only for the section of Elbow Drive between Almeria Avenue and Palmira
Drive. The application did not include the abutting section of the Elbow Drive right-of-way
Proposed Re-Naming of Elbow Drive to Pescadores Drive
Page 2 of 3
between Palmira Drive and Park Road 22. Ms. Hooper explained she did not include this
additional section because it is a "paper street" (not constructed). Staff feels that the street re-
naming, if approved, should also include the "paper street" section to avoid confusion. The
applicant is in agreement. Therefore, the proposal to City Council includes the whole section of
Elbow between Almeria Avenue and Park Road 22 as shown on the attached site map.
Property Development on Elbow Drive
Existing development along the constructed section (Almeria to Palmira) and "paper-street" section
(Palmira to Park Road 22) of Elbow Drive is sparse, as follows:
North side of constructed section: No occupied properties within the residential zoning.
Several individually owned lots.
South side of constructed section: No occupied properties, but exclusively owned by the St.
Andrew by the Sea Catholic Church.
North side of "paper-street" section: No occupied properties, two different owners.
South side of "paper-street" section: Monterrey Motel fronting onto Park Road 22.
Signatories to Petition
The petition attached to the letter of application includes all but two of the property owners of the
above properties (not including the "paper-street" section). The City Secretary's office sent notices of
the planned public hearing to each property owner, including those already signed to the petition.
Justification for Street Re-Naminq:
The applicant has offered the following justification for the Council's consideration of the street
renaming proposal:
· The St. Andrew by the Sea Catholic Church is preparing to build a rectory for its priest on the
church's property facing Elbow Drive and will have its street address on Elbow.
· It is the desire of the those involved in the church's rectory project that the rectory and future
parish buildings have a street name that reflects a sense of tranquility, while keeping with the
"theme" of the Padre island area. "Pescadores" translates to fisherman, which was the recorded
livelihood of Saint Andrew, and is consistent with other Spanish named streets in Padre Isles.
Review by City Departments I Agencies:
The offices of the City Traffic Engineer, Utilities Office Manager, Director of Planning, Director of
Engineering, Fire Chief, Police Chief, and U.S. Postmaster have each been contacted for
comments on the proposed street name change. No opposition has been received from any of
these officials.
Implementation Cost:
Implementation costs for the street name change, if approved, would be restricted to the cost of
replacing two (2) ground-mount street name signs located at the intersections of Elbow/AImeria and
Elbow/Palmira. These signs are maintained by the City. The estimated City cost for reptacement of
the existing street name signs with the proposed name change is $ 200. Street name change costs
historically have been borne by the City through its annual operating budget (Street Services
Department).
Proposed Re-Naminq of Elbow Drive to Pescadores Drive
Page 3 of 3
_
Corpus Christi City Coun~-; ~ ..... '
1201 Leop~d Street
Co~us C~ti, Tex~ 78418
EXHIBIT 1 - Application
May 1, 2001
Dear City Council Representatives:
Re: Petition to change residential street name on Elbow Drive, Padre Island g4, blocks
220 & 32, Padre Isles Development, Corpus Christi, Texas to Pescadores Drive.
We the undersigned respectfully ask that the City Council of the City of Corpus Christi
allow the street name of"Elbow Drive", in Padre Island g4, blocks 220 & 32, in the City
of Corpus Christi, Texas to be changed to "Pescadores Drive". We feel that the name
"Pescadores" is in accord with the other street names in the Padre Isles development.
Pescadores means "fisherman". The name "Pescadores Drive" continues the theme of
the island and compliments the numerous other stieets on the island that have Spanish
names. The street name "Pescadores Drive" would be more pleasing to those whose
address will be located on it. There are no residences currently built on this street.
We the undersigned understand and agree that St. Andrew the Sea Catholic Church will
pay all fees necessary to implement the change.
Thank you for your consideration.
Sincerely,
Cheryl L Hooper
Director of Religious Education
Pastoral Council
St. Andrew by the Sea Catholic Church
FROM : ST ANDREW BY THE SEA CATHOLIC FAX NO. : 1+361-949-0717 May° 09 2001 08:57PM P2
20O
1
City Secret~
City of Corpus Christi
1201 Leopmxl S~xet
Corpus Ghfisti, Texas 78401
Dear
I would like take a momcm to c~lain why we arc seeking to change the name of Elbow
Drive ~ Corpus Christi to Pcscadores Drive (~ec attached petit'on).
St. Andrew by the Sea C~aolio Church ~,~* been located on Padre Island for over 25
years. The "open air" church, our main place of worship currently face~ Encantada Ave.
The address for the church is 14238 Encamada Ave_ We ~ currently in the process of
beginning to build a rectory for our priest. The property the rectory will be located on
~accs E~bow Drive. T~eret'ore, the r~-~m'y would have the street address on Elbow
~rive. St. Andrew by the Sea owns nll the proper~ on the south s~de of Elbow l~ive. It
is the desire of everyone involved in the rectolT project that our parish rectory and fiaure
parish buildings have a street name that reflects a sense of tranquility, and spirituality
while keeping with the "theme" of the bland.
Wc hcld a parish "name thc street" contest. Thc name "Pescadores~ won
overwhelmingly. P~e_~Oorcs means "fisherman", which is what St. Andrew was.
Pese~orc~ keeps tile theme of the island a~d fits in well with the many Spanish named
streets on the island. We realize the time and expenses involved in changing the street
rmme and thank your consid~Gon. I hope this ex~|anatlon for our request helps you
deem it reasonable.
Sincerely,
Cheryl Hooper
Director of Religious Education
Pastoral Council
St. Andrew by the S~ CathoJ~c Ctmrch
Petition to change Elbow Drive in Padre Island #4, Block 32 to Pescadores Drive
Padre Island #4 Block 32
The lots lB - 5B combine with the front facing lots on Encantada Ave. Their address is 14238
Encantada Ave.
Elbow Drive
Lot lB
Lot 2B
Lot 3B
Lot 4B
Lot 5B
14238 Encantada Ave.
Corpus Christi, Texas 78418
St. Andrew by the Sea Catholic Church
14238 Encantada Ave.
Corpus Christi, Texas 78418
Lot 6B
14213 Elbow Drive
Corpus Christi, Texas 78418
St. Andrew by the Sea Catholic Church
14238 Encantada Ave.
Corpus Christi. Texas 78418
Lot 7B
14209 Elbow Drive
Corpus Christi, Texas 78418
St. Andrew by the Sea Catholic Church
14238 Encantada Ave.
Corpus Christi, Texas 78418
Lot 8B
14205 Elbow Drive
Corpus Christi, Texas 78418
St. Andrew by the Sea Catholic Church
14238 Encantada Ave.
Corpus Christi, Texas 78418 .
Lot 9B
14201 Elbow Drive
Corpus Christi, Texas 78418
St. Andrexv by the Sea Catholic Church
14238 Encantada Ave.
Corpus Christi, Texas 78418
l T
~OM : '~T AHDREW BY THE SEA CATHOLI,] FAX t~O. : 1+361-949-0717 Ma~. ~8 2001 05:4£PM Pi
Petition to change Elbow Drive in Padre island 84, Block 220 to Pescadores Drive
Padre Island g-4 Block 220
Lot 12 14218 Elbow Drive
Corpus Ch~ti- Texas 78418
Mr. and Mrs. Richard Getter
3820 S, Union Road
Dayxon. Ohio 45418
Lo~ 13
14214 Elbow Drive
Corpu~ ~ar~i, Tcxaa 78418
Mr. Doug Shaw
15402 "A" Cruiser Street,
Corpus Christi, Texas 78418
Lot 14
14210 Elbow Drive
Corpus Chr~-ti, Texa~ 78418
Mr. and Mrs. L. Samuel Lillard
208 Marl Ravine Road
Marlbank Farms
Yorktown. Virginia 23692
Lot 15
14206 Elbow Ddve
Corpus Chri~k Texas 78418
Mr. Doug Sha~v
15402 "A' Cruiser Strcct
Coroux..Cl'.risti, Texas 78418
, ,K '/
Lot 16
14202 ETbow Drive
Corpus Chri~tL Texas 78418
M.r. and Mrs. Calvin C. Curtis
365 North Froat Street
Suite 351
Bellcville, Ontario
Canada i,~gP 2L3
Petition to ehnnge Elbow Drive in Padre lsiond #4, Bl~ck 220 to Pescadores Drive
Padre lshnd fi4 Block 220
Lot 12 14211 Elbew Drive
Corpus Cln'i~i, Texas ~41g
Mr. ~ ,Mrs. Richard G~tt~r
3~20 S. Union Road
Damon. Ohb 4~41 $
Lot 13
14214 Elbow Dgw
Corpus Cbri~k Tex~s 7941g
Shaw Builders Corpor~ion
15402 "A" Cruiser St~eat,
Cog. s Cl~.sti~ T~a~ 7~41S
Lot 14
tot 15
14210 ~bow Dzlve
~ ~ Texas 7S41g
Cot'l~s Christi, T~'~ 7941g
Mr. and M~. L. Sanm~l Lilhrd
20~ Ma~l l~vin~ R~ad
'Ms~ltsmk Farms
Yod~tow~, V;,gh,ia 236~2
Shaw Builder's Corporezion
1~02 "A" Cruie~r fitmct
corpus Christi~ T~ss '/$418
Lol 16
14~fl~ ~ow Driv~
1W~,. ~ Mrs. C~lvin C. Curtis
~,~ NotCh l~rent
Bellevill~, Oniario
~0'= .'.T~06~6~:6 0£ ~c'BL P'98 ~.g~ (ISSI a'~ 9~:80 TO, hB A~dt, l
INDIVIDUALLY OWNED
LOTS (UNDEVELOPED)
PROPERTY OF ST. ANDREW
BY THE SEA CATHOLIC CHURCH
(UNDEYELOPED)
MONTERREY MOTEL
UNDEVELOPED LOT
PROPOSED
RENAMING'
CONSTRUCTED
SECTION
ELRow DFII~
"PAPER-STREET"
ST.
BY THE SEA
CHURCH
SUBJECT. PROPOSED RE-NAMING OF ELBOW DRIVE
TO PESCADORES DRIVE
SITE MAP
Trafflo Engineering Div.
Engineering Se~lcee Dept.
Page 1 of 2
AN ORDINANCE
CHANGING THE NAME OF ELBOW DRIVE TO PESCADORES DRIVE
BETWEEN ALMERIA AVENUE AND PARK ROAD 22; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR PUBLICATION.
WHEREAS, after all notices required by Section 49-1 of the City Code of Ordinances, a
public hearing was held on Tuesday, July 24, 2001,during a meeting of the City Counc~,
in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all
interested persons were allowed to appear and be heard; and
WHEREAS, the City Council finds, as required by Resolution 21901 adopted on March
22, 1994, that "unusual, extenuating circumstances" justify changing the name of Elbow
Drive to Pescadores Drive between Almeria Avenue and Park Road 22 for a total
distance of approximately 1000 feet.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The name of Elbow Drive is changed to Pescadores Drive between
Almeria Avenue and Park Road 22 for a total street length of approximately 1000 feet.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given fuel force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. Upon final adoption of this ordinance, as required by Section 49-1 of the
City Code of Ordinances, a copy of this ordinance shall be furnished by the City
Secretary to the department heads and the Postmaster; and the traffic engineering
department shall, at the direction of the City Manager, place street name signs, as
specified in subsection (6) of said Section 49-1.
H:\LEG~D~R\~y~e~urtisW~YD~S~1\ENGNEERG~9\traf~c~eng\StRename~rd\3E~b~wDrPescad~resDr~wpd
23
~l~ Y ~ 3'
ORDINANCE STATUS
AGENDA ITEM:
Amending section 53-97 of the City of Corpus Christi Code of ordinances to update
statutory references, to allow permitted vehicles access onto non-roadway areas, and to
provide for issuance of access permits; providing for severance; and providing for
publication.
FIRST READING:
July 24, 2001
Passed: 6-0 (Council Members Absent from Vote - Javier D. Colmenero, John
Longoria and Mark Scott)
FINAL READING:
August 21, 2001
COMMENTS:
(None)
CITY COUNCIL
AGENDA MEMORANDUM
July 17, 2001
AGENDA ITEM:
AMENDING SECTION 53-97 OF THE CITY OF CORPUS CHRISTI CODE OF
ORDINANCES TO UPDATE STATUTORY REFERENCES, TO ALLOW
PERMITTED VEHICLES ACCESS ONTO NON-ROADWAY AREAS, AND TO
PROVIDE FOR ISSUANCE OF ACCESS PERMITS; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
ISSUE:
The current ordinance does not allow any non-emergency vehicles to drive on
parkland, drainage rights-of-way or in any place not intended for the operation of
vehicles. This includes maintenance vehicles, and vehicles used to transport
materials and supplies during special events held in the parks. The change
would allow for permitted vehicles access onto parkland and other areas as
designated in the ordinance.
BACKGROUND:
The problem of vehicles gaining illegal access to turf areas in the parks and
drainage rights-of-way has led to many difficulties in maintaining park properties
as well as newly developed drainageways such as the one located behind Bill
Witt Park. The Police Department has been very helpful in addressing this
serious problem.
However, the current ordinance as written does not allow for any City
maintenance vehicles or special event support vehicles to access the non-
roadway areas in the parks as needed. Residents that live adjacent to
drainageways sometimes need temporary construction access through the
drainaway shoulders as they make improvements to their residences but the
ordinance has no provisions to address that need.
Consequently, any routine grounds maintenance task in the park that requires a
vehicle, such as trash collection operations, is in non-compliance with the
existing ordinance. Special events held at the Cole Park Amphitheater have
difficulty offioading any equipment or supplies as needed for a particular event
since they cannot legally access the area by being obligated to stay on the
roadway system in the park.
The proposed changes to the City Code of Ordinances would eliminate these
contradictions in service for the scheduled park activities. Only City maintenance
vehicles and permitted vehicles associated with a special event or drainageway
access request would be allowed to access those areas. All other restrictions
would remain in place.
REQUIRED COUNCIL ACTION:
Amendments to the City Code of Ordinances require City Council authorization.
RECOMMENDATION:
Staff recommends that the City Council approve the amendments to the Code of
Ordinances as requested.
Marco A. Cisneros, Director
Park & Recreation Department
ADDITIONAL SUPPORT MATERIAL
Ordinance/Resolution X
AN ORDINANCE
AMENDING SECTION 53-97 OF THE CITY OF CORPUS CHRISTI CODE
OF ORDINANCES TO UPDATE STATUTORY REFERENCES, TO ALLOW
PERMITTED VEHICLES ACCESS ONTO NON-ROADWAY AREAS, AND
TO PROVIDE FOR ISSUANCE OF ACCESS PERMITS; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
Section 1. Section 53-97 of the City of Corpus Christi Code of Ordinances is amended to read
as follows:
Sec. 53-97
(a) It shall be unlawful for any person to drive, park_, or operate any vehicle, as defined in
V~,,,,,'o Stat~,tcs, A~i,.l,~ 6781d Sec. 541.201, Texas Transportation Code. in any park.~rr
parkway, ,~, ,~,, ,,,: median strip, drainage right-of-way, or in any place not designated or in-
tended for the operation of vehicles. Incl~dcd in ~,~h vla~, 2 is ov~i,ll: ~,,,vi&d ;ha/
[B]ridl[ paths and areas designated for hikers or bicyclists are ,hh,,i,~ those places which that are
not designed or intended for the operation of vehicles.
(b) The restrictions in subsection (a) of this section do not applv to:
1. An authorized emergency vehicle, as defined in Sec. 541.201, Texas Transportation Code.
2. A [v]ehicles ,,d cqui[,mcnt used in the supervision or maintenance of a park, parkway, drain-
age right-of-way, bridle path. bicycle path. or hiking path. while being used for ma,:h supervision
or maintenance purposes ................ scc~on by the City or any
other governmental entity.
3. A vehicle that needs to access non-roadway areas. The operator of the vehicle, prior to enter-
ing a non-roadway area, must obtain a permit issued bv the Director of Park and Recreation, the
Storm Water Superintendent, or the Traffic Engineer that specifies the non-roadway area to be
accessed.
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, it shall not affcct any other section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance, for it is the definite intent of the City Council that
every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force
and effect for its purpose.
't ' T
24
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
Date: August 6, 2001
AGENDA ITEM: Presentation by the Texas Department of Transportation (TxDOT) on
the current status of the Crosstown Expressway Extension Interchange @ So. Padre
Island Drive Project, other current TxDOT administered local projects.
CITY STAFF PRESENTORS:
Name Title
Dept / Division
1. David Casteel
District Engineer
Texas Department of Transportation
ISSUE: The Texas Department of Transportation (TxDOT) presently has underway
several major transportation improvement projects, including the Crosstown Expressway
Extension Interchange @ Padre Island Drive Project and the Spur 3 Phase 2 (Ennis
Joslin) Project. The State will conduct its bid-letting for the J.F.K. Causeway Elevation
Project in November 2001. This presentation will allow the new District Engineer, David
Casteel, to update the City Council primarily on the status of the Crosstown Expressway
Interchange Project and its principal design elements, but will also allow the District
Engineer to discuss other principal area projects. Casteel was appointed to this position in
August 1, 2001.
BACKGROUND I CROSSTOWN EXPRESSWAY EXTENSION INTERCHANGE:
TxDOT) conducted its pre-construction meeting July 5th for the Crosstown Expressway /
Padre Island Drive Expressway Interchange Project, and the preliminary stages of
construction have begun. The contractor for project, Rosiek Inc. based out of Arlington,
Texas, is given a total of 837 work days (approximately 48 months) for construction at a
cost of $55,591,027.
The construction of the existing interchange will have significant traffic impact for the
traveling public, but expressway traffic will be maintained on at least two expressway lanes
for any direction of travel at all times. One important feature early in the construction
process will be the placement of dynamic message signs on the both expressways to
inform approaching motorists of travel advisories and on-going construction activities such
as information of ramp and lane closures, recommended detours, expectation for delays,
and future scheduled phases of construction. These dynamic message signs will be
maintained permanently following completion of this project as a first phase of new ITS
(Intelligent Transportation System) technology being introduced along the city's
expressways to identify to motorists information on real-time events and incidents on the
expressways.
Presentation by Texas Department of Transportation
Page 1 of 2
There will be six distinct phases of construction. Some of the important events occurring in
each phase is shown on the attached exhibit.
~'~_' Angel R. Escobar, P.E.
Director of Engineering Service
Additional Back;Iround
Exhibit 1- - Construction Sequence Crosstown / Padre Island Drive Expressway Interchange
Attachments
Presentation by Texas Department of Transportation
Page 2 of 2
Crosstown
EXHIBIT 1
Construction Sequence
/ Padre Island Drive Expressway Interchange
Phase 1: August 200'1 - September 2002
· Close existing eastbound exit ramp to Ayers Street from Crosstown Expwy to Padre Island Dr
connector
· Begin construction of northwest quadrant frontage road from north of Gollihar Rd to
Greenwood Dr
· Construct 'u-turn-arounds' at under Crosstown / Gollihar and Padre Island Dr / Ayers
interchange bridges
· Begin construction of Crosstown Expwy lane connections south of Padre Island Dr
Phase 2: September 2002 - March 2002
· Close existing 'flyover~ from eastbound Padre Island Dr to north on Cresstown Expwy
· Rebuild existing connector from westbound Padre Island Dr to northbound Crosstown
· Begin construction on new Crosstown southbound connector to eastbound Padre Island Dr
· Begin construction on new Crosstown southbound connector to westbound Padre Island Dr
· Begin construction of new high mast illumination
Install dynamic message signs on southbound Crosstown near Port Ave, eastbound Padre Island
Dr between Weber and Kostoryz, and westbound Padre Island Dr near Old Brownsville Road
Phase 3.: March 2002 - January 2003
· Begin construction of new Padre Island Dr westbound connector to northbound Crosstown
· Modification of Padre Island Dr / Ayers Street interchange bridge
Phase 4: January 2003 - July 2003
· Complete construction of new Crosstown northbound connection into interchange
Phase 5: July 2003 - April 2004
· Construct modification of Padre Island Dr eastbound connection to interchange
· Construct additional fourth expressway lane on westbound Padre Island Dr between Weber Rd
and Ayers St
Phase 6: April 2004 - July 2005
· Construction of final hot-mix surfacing of improvements
Texas
Department
Transportation
FA CT SHEET
PROPOSED
PHASE II CONSTRUCTION - SH 286 (CROSSTOWN) ! SH 358 (SPID~ INTERCHANGF · Contract Awarded to Rosiek Construction Company. Inc.. Mav £~01
· Construction time for the Interchange is anticipated to be ,~8 m:'~zhs-
beginning early Fall 2001
· Estimated cost of construction - Approximately S55 million
· Average Daily Traffic on the Crosstown Expressway north of S.=;D -
Approximately 150,000'* vehicles per day in 2018
· Average Daily Traffic on SPID east of Crosstown -
Approximately 166,000** vehicles per day in 2018
PHASE III CONSTRUCTION - SH 286 (CROSSTOWN) EXTENSION OF MAIN LAN[=,':;
FROM SH 358 (SPID) PAST SARATOGA BOULEVARD
· Includes overpasses at Holly Road and Saratoga Boulevara
· Have authority for plan preparation - Not funded
· Anticipated cost $13.5 million - expected approval for FY 2002
· Anticipate contract for construction in three to five years
'TxDOT 1998 Traffic Map
· *TxDOT Design Projections
CROSSTOWN EXTENSION
&
INTERCHANGE PROJECT
WWW. DOToSTA TR. TX. US/INSDTDOT/GEODIST/CRP/XTOWN/XTOWN. HTM
EXISTING
SH 286 (CROSSTOWN) / SH 358 (SPID) INTERCHANGE - CONSTRUCTION COMPLETFI~
OCTOBER 1970
· Average Daily Traffic in 1970's on the Crosstown Expressway -~rth of SPID -
Approximately 36,000 vehicles per day
· Average Daily Traffic in 1970's on SPID east of Crosstown -
Approximately 50,000 vehicles per day
· Average Daily Traffic on Crosstown Expressway north of SPIB -
Approximately 83,000* vehicles per day
· Average Daily Traffic on SPID east of Crosstown -
Approximately 139,000' vehicles per day
PHASE I CONSTRUCTION - SH 286 (CROSSTOWN) EXTENSION · Built frontage roads and installed drainage system from SPID '.: Saratoga
· 22 Months to Build - Completed & opened to traffic August 1995
· Cost - $8.6 million
EXISTING
r . '�
win
25
WATER SUPPLY UPDATE
I. Current and Projected Reservoir Levels
II. Draft Outline of Water Conservation Stages and Measures
Ill. Draft of Reference Information for Measures
iV. Utility Customer Information Sheet and Lawn Watering Schedule
WATER SUPPLY UPDATE
What are our levels today?
What are our projected levels?
What 'management tools are available?
What future management strategies should be
evaluated?
August 17,;2001
A.
WATER
..7.. c',ij pf ". �`yn t 1l•r l_f �t ' 1 ,},•` `z �'y ^�.. PVMr�.""l
�, �
u"r p of-',Regrortci! �-.
o�.
'a�tef-Su I'�r_
;. 7 � � � � it • w l
�r€71 �X R-.• ico.° °â€¢
l HQtJS'�QN
_ Choke CanyDam
on wr; Ear
} J,.
�c
v. - Completed —17A
+:�, `" N. 1982
�u
r
I
NN.
— R � - rep •7 n a i �u"n- -'�
a i Riv Calallen
Saltwater
EAGLE-,.
Barrier Dam -
PASS
lr + �
1898
1 Nueces
River
�—J \ Nueces River Basin
�\ j, Wesley Seale
Dam
LAREDO Completed —
1958
--
lIt
o ,
RVES' .\ B,, Communities Relying
a ; ��° BEEVILLE Wille On Regional Surface
59 �,
N Water
1�L I r -
I 1 � - \9,Iz •ice 1, � '
µ
3
5
181
ATHIS
j
t , , RT
o I
1
E� P I C H
C u Y
L -
ORT�ANQ Auroga
�RqBSO
1 �I
r
iALiC N, Ur � C. IEt) `S
-�DRI$COL
V to I Icy 'L L. 5(
'(
a �) BISHOP �_ 1
"KINGSVILLE_
a
14
�:
5 E R' :G
Historical Reservoir Levels
Lake., Corpus Christi Reservoir
94.00
88.00
82.00
V
C
78.00
A
W 70.00
d ,
u
84.00
H
58.00
52.00
LU
48.00
Year
WATER
22500
215
w
€ 205.
c 195.
O
> 185.
W
y 175.
185.
N'
155.
A
3 145.
O
W 135.
125.
00
00
00
00
00
00
00
00
00
00
M
0)
O)
Historical Reservoir Levels -
Choke Canyon Reservoir
Year
CN
O O O
N N N
a
WATER
,-- ~
0 m
0
OU
I
~00~
:~Ooc
000~
666~
G66~
:66 I,
966t
G66~
£66~
0 0 0 0 0 0 0
(%) a§mo~,s ma~sA$ I~10~
100.0%
90.0°h
80.0%
70.0%
d
IM
L 60.0%
S
rn
E 50.0%
40.0%
p '30.0%
W
20.0%
10.0%
0.0%
Projection. of Reservoir; Levels
Year
WATER
1]CpARl'MENT
Forecast Model Assumptions:
Demand = 130,000 acft/yr
With Texana Pipeline (41,840 acft/yr)
Phase N Operating Policy
2001 Agreed Order
1990 Sediment Conditions
Historical
Worst Case
Year
WATER
1]CpARl'MENT
50%
45%
40%
35%
IM
30%
E25% 1 20%
U)
p 15%
W
10%
5%
0%
Projection of Reservoir- Levels
â– â– â– â– â– â– â– â– â– â– â– â– â– â– â– â– â– â– â– 'cast Model Assumptions:
Demand = 130,000 acfVyr
�•'•••••••••'1■i
line (41,840 acftJy,r)
hase KI Operating Policy
01 Agreed Order
1990 Sediment Conditions
â– â– â– â– â– â– â– â– â– â– â– â– â– iiiâ– â– â– â– â– â– â– , .._ .. ; â– â– â– â– â– â– â– â– â–
'o `m v ' 5 M E o' m d 9 r, u o
Time
Summary
Reservoir Capacities as of August 17
Lake Corpus Christi Reservoir
Choke Canyon Reservoir
Combined Total
Lake Texa n a Rese rvo i r
23.0%
32.4%
30.0%
84.0%
TNRCC Agreed Order
• Mandatory Conditions @' Reservoir Levels
- <50%, enhanced drought awareness campaign
- <40%, no watering between 10 am & 6 pm
- <30%, no watering between 10 am & 6 pm, and
lawn watering no more than every 5, days
• Additional Conditions -Drought Plan
F 42
WATER
' i ))CPAR'l'M1)CNT
Water Management Strategy
• Implement Additional Conditions
• LNRA Interruptible Water
—4,500- of currently available- $37.50/af
—7 500 of after permitting - $37.50/af
i 12,000 of
WATER
1 Future Water Discussions
Reservoir System Update &Overview
• LNRA Interruptible Water
• Regional Water Plan &Local Plan
•Reservoir Operating Plan Update
• Garwood Water
• Groundwater Along Pipeline Route
• .Desalination
Interregional Issues
WATER CONSERVATION MEASURES
Implementation factors include availability of additional water supplies and
the impact of measures on public health and economic stability.
CONSERVATION
Trigger: Combined Reservoir Capacity Below 50%
~r Increased public education (C1)
CONSERVATION ALERT
Tdgger: Combined Reservoir Capacity Below 40%
Add
~r No irrigation of vegetation between 10:00 a.m. and 6:00 p.m (detailed information CA1)
· ' Reduction in fresh water releases (CA,?.)
MANDATORY CONSERVATION
Trigger: Combined Reservoir Capacity Below 30%
Add
~r Mandatory five-day lawn watering schedule (MC1)
~r Suspension of fresh water releases (MC2)
· Penalties for runoff from yards into streets (MC3)
· Service of water in restaurants is prohibited unless requested by customer (MC4)
ENHANCED MANDATORY CONSERVATION
Trigger:
Add:
Combined Reservoir Capacity Below 25%
Car and boat washing prohibited (EMC1)
Building and trailer washing prohibited (EMC2)
Penalties for leaking plumbing (EMC3)
Enhanced restrictions for watering of golf courses (EMC4)
Water for ornamental fountains prohibited (EMC5)
Washing of sidewalks, driveways and parking lots prohibited (EMC6)
Water use for dust control prohibited (EMC7)
Mandatory measures in accordance with the Texas Natural Resources Conservation
Commission Agreed Order
SEVERE MANDATORY CONSERVATION
Trigger:
Add
Combined Reservoir Capacity Below 20%
Proposed surcharge for excessive water usage (SMC1)
Water for scenic and recreational lakes prohibited (SMC2)
Water for new agricultural land prohibited (SMC3)
Use of fire hydrants for other than fire fighting prohibited (SMC4)
CRITICAL MANDATORY CONSERVATION
Tdgger: Combined Reservoir Capacity Below '15%
Add
· Mandatory allocation established (CMC1) Surcharge for violation
Termination of service for repeat violation
· New service connections prohibited where independent source is in use (CMC2)
· Continue emergency actions as necessary (CMC3)
Violations
of water conservation measures may result in
fines up to $500.
WATER CONSERVATION MEASURES
REFERENCE ATTACHMENT
CONSERVATION
Cl - Increased public education
When the combined reservoir capacity is below 50 percent, the City will expends its public
awareness campaign by providing public service announcements through various media
resources to promote voluntary conservation. The Water Hotline will be activated to provide
current lake level information and offer free water saving kits to residents. The Water
Department will provide a utility bill insert to provide useful water saving tips, participate in
public trade shows and offer free educational school programs.
CONSERVATION ALERT
CA1 - No irrigation of vegetation between 10 a.m. and 6:00 p.m.
All water customers are prohibited from irrigating lawns and vegetation between the hours of
10:00 a.m. and 6:00 p.m. Watering of plants, shrubs, trees, etc., as well as foundations, can
be done every day, just not between the restricted hours. This applies to all uses of water,
including residential, commercial, industrial, school fields, and golf courses. Exceptions are:
· Commercial nurseries, if use specific water methods
· Allowed to use effluent, gray water, and well water with permit
· Allowed to test sprinkler system being installed, maintained, or repaired
· Exception for large parcels with approved watering plans
CA2 - Reduction in fresh water releases
In accordance to the Texas Natural Resource Conservation Commission Agreed Order, the
City shall reduce its freshwater releases to Nueces Bay to a minimum of 1,200 acre feet per
month when reservoirs are below 40 percent of combined reservoir capacity.
MANDATORY CONSERVATION
MC1 - Mandatory five-day lawn watering schedule
Lawns may be watered only on the date published for the address and may not be watered
between the hours of ~0:00 a.m. and 6:00 p.m. All water customers will be notified of the
mandatory f'n/e-day lawn watering schedule. Exceptions include:
New lawns
· Allowed to use effluent, gray water, and well water with permit
· Golf courses can water tees and greens more frequently
· Exception for large parcels with approved watering plans
MC2 - Suspension of fresh water releases
In accordance with the Texas Natural Resource Conservation Commission Agreed Order,
all freshwater releases from the Choke Canyon and Lake Corpus Christi Reservoir System
are suspended to Nueces Bay.
MC3 - Penalties for runoff from yards into streets.
Waste of water by perm~ing water to flow constantly through a tap, hydrant, valve, allowing
of water to run off yards or plants into gutters or streets or otherwise by any user of water
connected to the City system is prohibited.
MC4 - Service of water in restaurants is prohibited unless requested by customer
ENHANCED MANDATORY CONSERVATION
EMCl - Car and boat washing prohibited
The washing of automobiles, trucks, trailers, boats, airplanes and any other type of mobile
equipment with potable water (water obtained from the City's water utility) is prohibited,
except that individuals and §/ling stations may wash cars or boats if they use a bucket, pail,
or other receptacles not larger than of 5 gallon capacity; however, an individual or §lling
station, before or after such washing, shall be permitted to rinse the car or boat off with a
hose using only a reasonable amount of water in so doing. Commercial or automatic car
wash establishment shall use minimum practical water settings.
EMC2 - Building and trailer washing prohibited
The washing of building exteriors and interiors, trailers, trailer houses, railroad cars,
sidewalks, walkways, driveways, parking lots, tennis courts, or other hard-surfaced area, or
building or structure with potable water is prohibited, except by a professional power
washing 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, including allowing the use of water for
the removal of graffiti.
EMC3 - Penalties for leaking plumbing
Residential and business establishments are required to repair defective plumbing,
including but not limited to faucets, showerheads, water closets, water heaters,
underground irrigation system, taps, hydrants or valves to prevent the wasting of water.
EMC4 - Enhanced restrictions for watering of golf courses
The use of water on golf course grounds is prohibited except on designated tees and
greens, which may be watered between the hours of 6 a.m. to 10 a.m. on Mondays,
Wednesdays, Fridays and Sundays.
EMC5 - Water for ornamental fountains prohibited
The use of potable water in omamental fountains or in artificial waterfalls is prohibited,
except where the water is reused or re-circulated in any manner.
EMC6 - Washing of sidewalks, driveways and parking lots prohibited
EMC7 - Waste use for dust control prohibited
SEVERE MANDATORY CONSERVATION
SMCl - Proposed surcharge for excessive water usage
All water customers are subject to an excessive water usage surcharge. The surcharge is
based on the highest utility charge established after the customer pays the minimum charge
for one thousands gallons of water and raw water cost adjustment in their respective billing
category.
The excess water usage surcharge will be applied to single-family residential customers
who exceed their "winter water average" or "inte~m average". Multi-family residential
customers, commercial and industrial customers will have an excess water usage surcharge
applied to their bill when water use exceeds the previous year~s billing period. The
surcharges shall be placed in a special fund for the use of research and development of
alternative or expanded water sources. Service may be terminated for repeat violation.
SMC2 - Water for scenic and recreational lakes prohibited
The use of potable water for scenic and recreational ponds and lakes is prohibited.
Swimming pools are exempted if covers are in place.
SMC3 - Water for new agricultural land prohibited
SMC4 - Use of fire hydrants for other than fire fighting is prohibited
The use of fire hydrants for any puq3ose other than firel~ghting is prohibited; except that the
City Manager may permit the use of metered fire hydrant water by the City or by commercial
operators using jet rodding equipment to clear and clean sanitary and storm sewers.
CRITICAL MANDATORY CONSERVATION
CMCI - Mandatory allocation established
When the combined reservoir capacity is below 15 percent, the City Manager may impose a
mandatory limit or allocation on water usage to regulate and deter the use of water to
achieve necessary water reductions.
· Surcharge for violation - Customers who exceed their mandatory allocation on
water use may face a surcharge fee.
· Termination of sen/ice for repeat violation - Customers who exceed their monthly
water allocation on two or more times may have their water service terminated,
with a penalty to reconnect.
CMC2 - New service connection prohibited where independent source is in use
No new service connections to the City's water system will be prohibited whenever an
independent source of water is available.
CMC3 - Continue emergency actions as necessary
The City Manager will implement any emergency actions as necessary to extend available
water resources.
Violations
of water conservation measures may result in
fines up to $500.
The City of Corpus Christi reservoir system, as stored at Lake Corpus
Christi and Choke Canyon Reservoir, has dropped below 30 percent of
capacity. In accordance with the Texas Natural Resources Conservation
Commission Agreed Order, the City is implementing the following
requirements:
· MANDATORY 5-day lawn watering schedule
· Suspension of freshwater releases to Nueces Bay
· No watering of vegetation between 10 a.m. and 6 p.m.
· Fine of up to $500 for failure to comply
Severe
drought
continues.
Reservoirs
are below
3O%
,,yo,,r These are your watering days 200~
address
ends in:
August September October November December
2or7 3,8,13,18,23,28 2,7,12,17,22,27 2,7,12,17,22,27 1,6,11,16,21,26 1,6,11,16,21,26,31
3or6 4,9,14,19,24,29 3,8,13,18,23,28 3,8,13,18,23,28 2,7,12,17,22,27 2,7,12,17,22,27
4ors 5, ~0, ~$, 20, 25, 30 4, 9, ~4, ~9, 24, 29 4, 9, ~4, ~9, 24, 29 3, 8, ~3, ~8, 23, 28 3, 8, ~3, ~8, 23, 28
You are permitted to water trees, shrubs, plants & gardens any day of the
week, except between the hours of 10 a.m. and 6 p.m. Water runoff from
yards or ptants into gutters or streets is deemed wasteful and is discouraged.
City of Corpus Christi
Water Department
RO. Box 9277
Corpus Chrsiti, TX 78469
SEVERE
DROUGHT
CONTINUES
Mandatory
5-day lawn
watering
schedule.
Details inside.
PRSRT s'rD
U.S. Postage Paid
Corpus Christi, TX
78469
Perm t No. 154
Visit our web site at www. ci.corpus-christi.tx.us/services/water
Helpful Hints for Saving Water
· Raise the blade on your lawn mower to shade the roots
· If it rains an inch or more, do not water on your designated day
· Mulch trees and plants to retain moisture and prevent evaporation
· Avoid watering during the windiest time of day
· Use irrigation sprinklers that release large droplets of water instead of misters
· Use drip irrigation hoses whenever possible to prevent water runoff
· Use positive shutoff nozzles on hand-held hoses
· Keep your plumbing in good repair and follow City Code
26
CITY COUNCIL
AGENDA MEMORANDUM
August17,2001
AGENDA ITEM:
A. Public Hearing to consider the proposed Zoning Ordinance text amendments.
B. First Reading Ordinance - Amending The Zoning Ordinance By Revising Article 3,
Definitions, Article 4A, "F-R" Farm-Rural District Regulations, Article 4B, "RE"
Residential Estate District Regulations, Article 4C, "PA" One-family Dwelling District
Regulations, Article 5, "R-lA" One-family Dwelling District Regulations, Article 7,
Multiple Dwelling District Regulations; "R-2" Multiple Dwelling District Regulations;
Article 8, "A-I" Apartment House District Regulations, Article 8A, "A-lA" Apartment
House District Regulations, Article 9, "A-2" Apartment House District Regulations,
Article 10, "AT" Apartment-Tourist District Regulations, Article 11, "AB" Professional
Office District Regulations, Article 12A, "B-lA" Neighborhood Business District
Regulations, Article 14A, "BD" Corpus Christi Beach Design District Regulations, Article
15, "B-3" Business District Regulations, Article 16, "B-4" General Business District
Regulations, And Article 22, Parking Regulations; providing for servence; and providing
for publication.
C. First Reading Ordinance - Amending the Zoning Ordinance by revising Article 3 by
adding a definition of kennel and Article 20, Section 20-5 and Article 21, Section 21-6 by
requiring buildings and structures used to house animals, birds, and poultry at animal
shelters, kennels, and commercial establishments that raise animals, poultry, and birds
within an "1-2" Light Industrial District and "1-3" Heavy Industrial District to be set back at
least 100 feet from any required yard lines if abutting or adjoining a residential district.
D. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi,
Chapter 6, Animal Control, regarding commercial permits, fees, and spacing
requirements.
E. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi,
Chapter 19, Food and Food Establishments, regarding required separation between
food establishments and kennels and other businesses used to house animals.
ISSUE: The Planning Commission, Zoning Board of Adjustment, and Staff have
identified various shod-term text amendments to the Zoning Ordinance to
accommodate new uses, changes to regulations of existing uses, and various
clarifications, additions, or deletions to Zoning Regulations within specific districts.
Ci~ Council Agenda Memorandum
August21,2001
Page 3
zoning amendments are necessary to incorporate new uses and update existing
uses and performance standards for screening and parking.
Michael N, Gunning, ^ICP /
Director of Planning
City Council Agenda Memorandum
August 21,2001
Page 4
BACKGROUNDINFORMATION
The proposed Zoning Ordinance text amendments affect Article 3, Definitions, Article
4A, "F-R" Farm-Rural District, Article 4B, "RE" Residential Estate District, Article 4C,
"RA" One-family Dwelling District, Article 5, "R-lA" One-family Dwelling District,
Article 7, Multiple Dwelling District, Article 8, "A-I" Apartment House District, Article 8A,
"A-lA" Apartment House District, Article 9, "A-2" Apartment House District, Article 10,
"AT" Apartment-Tourist District, Article 11, "AB" Professional Office District, Article 12A,
"B-lA" Neighborhood Business District, Article 15, "B-3" Business District, Article 16,
"B-4" General Business District, and Article 22, Parking Regulations.
Amendments to the definitions include creating a definition for animal hospital, assisted
living facility, bed & breakfast (B&B) home and inn, and commercial vehicle uses.
Amending the definitions for private garage and mini-storage as well as amendments to
the definition for a private garage and mini-storage use. The animal hospital use is not
defined but is listed as a permitted use. The assisted living facility use is a new use that
has made its way into Corpus Chdsti and needed addressing. A B&B home is defined
as an owner-occupied home offering overnight accommodations limited to five (5)
bedrooms and 10 people. A B&B inn is defined as a facility offering overnight
accommodations limited to 12 bedrooms and 24 people.
Bed and breakfast (B&B) facilities are currently operating within the City with limited
regulations. B&Bs are currently permitted in single-family residential areas as long as
they do not exceed a total of four (4) boarders. The proposed amendment as
recommended by the Planning Commission would permit B&B homes in residential
areas subject to review by the Zoning Board of Adjustment. Review by the Zoning
Board of Adjustment would allow input from adjoining residences before a B&B home
could locate in the area. Existing B&B homes that comply with all existing city
regulations would be grandfathered. However, existing facilities proposed to be
expanded would be subject to review by the Zoning Board of Adjustment. A B&B inn
would be permitted in the "A-2" Apartment House District and more intense zoning
districts.
The purpose of the commercial vehicle definition is to strengthen the private garage
definition which is being amended to allow larger garages for larger homes. The Zoning
Board of Adjustment initiated this garage definition. The mini-storage definition is
amended to increase the size of each unit from 300 square feet to 400 square feet in
order to permit enclosed boat storage as part of a mini-storage facility,
The amendment to the "R-2", "A-I", and "A-IA", Districts is to allow an assisted living
facility use as a permitted use. Amendment to the "A-2", "AT", "AB" and "BD" Districts
are to allow assisted living facility and bed and breakfast home uses as permitted uses.
City Council Agenda Memorandum
August21,2001
Page 5
The amendment to the "B-3" and "B-4" Districts is to allow an animal hospital without
outside runs and a mini-storage as permitted uses.
The "B-lA" District is being amended to permit an assisted living facility and bed and
breakfast inn uses, eliminate the restaurant use, and eliminate the required masonry
wall along the side property line abutting a residential district. In lieu of the masonry
wall, a standard screening fence with a height of not less than six (6) feet will be
required along the side property line with residential adjacency. A 6-foot tall masonry
wall will be required along the rear property line with residential adjacency.
Amendment to Article 22, Parking Regulations, renames the article to Off-Street Parking
Regulations and establishes minimum widths for access drives. Access drives are
vehicular paths that take the vehicles from the drive approach on the public street to the
off-street parking area on private property. Currently, there are no minimum standards.
The amendment to Article 29, Board of Adjustment authorizes the Board to hold public
hearings on petitions for bed and breakfast homes in residential districts. The Board
would be required to address location trash receptacles, location of parking, whether
outside activities would be permitted, separation from another bed and breakfast home,
require a site plan, provide evidence addressing the hotel/motel tax, and allow more
than five (5) bedrooms depending on size of structure or lot and age of structure.
Agenda item C also requires a public hearing. It defines the term kennel, relaxes
current restrictions on kennels located within "1-2" Light Industrial Districts and "1-3"
Heavy Industrial Districts, requires a 100 foot set back from an adjoining
residential zoning district, but eliminates set backs from other zoning districts.
This ordinance, along with agenda items C and D, is part of a package that
addresses issues raised in the settlement agreement Bender vs. City of Corpus Chdsti.
It recognizes the industrial property is an appropriate location for kennels and
other animal care facilities, especially those with outdoor runs. Due to the fact
that some "1-2" Districts are frequently located next to residential districts, a
setback from an adjoining residential district was established. There is no
required setback from grandfathered residential uses within an "1-2" or "1-3"
District, where residential uses are prohibited.
Agenda items D and E do not require a public headng, but relate to agenda item B.
These items make related changes to Chapters 6 and 19 of the City Code of
Ordinances. Agenda item D amends the ordinances relating to the issuance and
renewal of kennel permits, relaxes the current limitation on the number of animals that
can be kept within "1-2" and "1-3" Districts, relaxes the setback restrictions on open
pastures larger than 5 acres, clarifies that the distance restrictions from food
establishments apply to existing food establishments, and modifies the grandfathering
provision for existing animal establishments upon annexation. The current ordinance
requires an animal care facility to close if a food establishment opens within 500 feet
(the City's current animal control facility is within 500 feet of a food service
establishment. This amendment would allow the animal care facility to stay in
City Council Agenaa Memorandum
August 21, 2001
Page 6
operation, but would prevent the operation of a new animal care facility within 500 feet
of an existing food service establishment. Agenda item E creates a reciprocal
restriction that would prevent a new food establishment opening within 500 feet of an
existing animal care facility.
Attachments
Planning Commission Minutes
Ordinances
Planning Commission Minutes
June 6, 2001
ZONING TEXT AMENDMENTS
Mr. Saldafia provided an overview of the Zoning Text Amendments. He said that several definitions have
been added or amended. The bed and breakfast use is a new def'mition. Currently, the bed and breakfasts use is
being used as an extension of the family use as roomers or boarders unrelated to the head of household.
Interpretation of the "family" definition allows operation of a bed and breakfast in a residential neighborhood
provided the homeowner does not exceed four (4) boarders. The proposed amendment establishes separate
definitions for a bed and breakfast home allowed in residential and low-intensity districts and a bed and breakfast
inn that would be allowed in higher intensity uses such as "A-2" AparUnent-House and commercial districts.
Mr. Sald~a explained that beginning with the "A-2" District to the more intense districts, boarding houses are
allowed. Therefore a bed and breakfast in an "A-2" or higher zoning district are allowed more as a liberty bed and
breakfast inn than would be allowed for a bed and breakfast homes located in lower intensity districts.
Bed and Breakfast
Mi'. Saldalla reviewed the bed and breakfast home use. The home would need to be owner-occupied and
limited to five (5) bedrooms available for rent, in addition to a bedroom for the owner. Restaurants, banquet
facilities, and other similar uses that would impact the surrounding residential areas are prohibited. Bed and
breakfast homes would be permitted in any zoning classification fi.om "F-R' Farm-Rural to "R-2" Multi-family
Dwelling District and low-intensity apartmem districts. Off-street parking would not be permitted within the fi-ont
yard and would have to be behind the area. There are allowances to permit on-street parking provided that it is
limited to the boundaries of the bed and breakfast home property. Traffic Engineering would need to approve the
parking and verify that the parking would not impede traffic flow. Another requirement would be a minimum 300
feet side separation and a minimum of 150 feet fi'ont and rear separation fi.om each bed and breakfast home.
Mr. Saldaila reviewed the bed and breakfast inn use. The inn is limited to 12 bedrooms. Curremly, the
"A-2" District permits boarding houses limited to 20 boarders. Staff discussed limiting the inn to 20 rooms, but
using the basis of a boarding house def'mition, the occupancy of the inn would exceed 20 boarders. All bed and
breakfasts are required to comply with the hotel/motel tax per State law. Mr. Salda/la responded to Commissioner
Sween-McGloin's concern by saying that the amendment states that the facility may not have more than 12
bedrooms and not exceed 20 boarders. Commissioner Sween-McGloin suggested limiting the number ofboardem to
24.
Mr. Gunning responded to Commissioner Sween-McGloin's concern by saying that in order to prove the
bed and breakfast use to the Building Division for a Certificate of Occupancy, the owner needed to prove payment
of hotel/motel taxes.
Commissioner Mires expressed concern with not being able to create a bed and breakfast district. She said
that it is better to create a bed and breakfast district than to amend ordinances at a later date. Mr. Saldafta agreed
that bed and breakfasts uses could be located within a certain area. He explained that the transition to a bed and
breakfast use will impact existing residences if several homeowners decided to operate a bed and breakfast. He
suggested that a Planned Unit Development (PUD) be created in established bed and breakfast use areas at a later
date. Mr. Saldafla said that staff wanted to protect the integrity of single-family residences.
Mr. Gunning said that it was suggested that as a prerequisite to establishing the bed and breakfast use a
public hearing be required before the Zoning Board of Adjustment in order to give the affected neighborhood
residents an opportunity to be heard. He said that Staff suggested requiring the bed and breakfast home use to be
reviewed by the Zoning Board of Adjustment and allow the bed and breakfast inn to be allowed by right in
designated zoning distxints. Commissioner Mims requested that districts allowing bed and breakfast home uses by
right need to be listed and identified in the ordinance.
Planning Commission Minutes
June 6, 2001
Zoning Text Amendments
Page 2
Commissioner Sala?ar said that he preferred to have the bed and breakfast home use be reviewed by the
Zoning Board of Adjustments for expediency and not be required to be presented City Council.
Commissioner Sween-McGloin requested that the bed and breakfast home be limited to five (5) rooms and
limit the number of people to ten. Mr. Gunning explained the definition of a "family" and allowance of 4 unrelated
boarders. In allowing a bed and breakfast in a single-family district, typically, bed and breakfasts set up four rooms,
presumably one room for each boarder. He added that patrons of a bed and breakfast use are generally couples.
Therefore, staff decided to limit the number of rooms to five (5) which would accommodate 10 people, but there is
no limitation regarding the number of persons to a room.
Commissioner Sween-McGloin suggested that anyone wanting to operate a bed and breakfast home
adjacent to a home being operated as a bed and breakfast home needed m present their case before the Zoning Board
of Adjustment. A public hearing would allow the neighborhood an opportunity to address the use. She said that she
believed that a district could form and the neighborhood would be the deciding factor regarding whether the use was
appropriate. Mr. Saldafia explained the public hearing process for the Zoning Board of Adjustment. Mr. Gunning
said that he has concerns with bed and breakfast uses in residential neighborhoods without notification to the
residents. However, if performance standards are in place regulating bed and breakfast homes, the neighborhood
could retain its residential character. Mr. Saldafia explained the bed and breakfast distance requirements. The first
bed and breakfast home would be allowed by right in a residential neighborhood; however, the second bed and
breakfast home, if located within the 300 foot side yard or 150 fi'ont yard would require a variance fi.om the Zoning
Board of Adjustment.
Commissioner Pusley concurred with Commissioner Salazar's request to allow the Zoning Board of
Adjustment review the bed and breakfast use in neighborhoods. He continued that he would like the city m respect
the integrity of neighborhoods. By encroaching into the neighborhood, there are problems that could occur with
regard to parking, trash, etc. He said that he believed that the neighborhood should be able to provide input and
encouraged the Zoning Board of Adjustment process. Commissioner Pusley suggested that the number of people
be limited in a bed and breakfast home and asked staffto review the parking regulations.
Commissioner Zamora asked whether a restaurant would be allowed in an "AB" DisUict. Mr. Saldafia
answered in the negative. Commissioner Zamom said that a bed and breakfast use on property zoned "AB" District
would allow a restaurant use that would not normally be allowed in an "AB" District. He asked for clarification of
the restaurant use in a bed and breakfast. Mr. Saldafia suggested eliminating the restaurant use and addressing the
banquet facility use. He added that the banquet facility could be allowed for guests only and could not be rented out
for social functions. Food service as part of a bed and breakfast use is part of the bed and breakfast establishment,
and not a separate and distinct commercial food service. Therefore, it is not considered a restaurant.
Chairman Berlanga asked if a property owner could obtain a certificate of occupancy for a bed and
breakfast use and not develop a bed and breakfast home to prohibit neighbors within 600 feet fi.om using their home
as a bed and breakfast home. Mr. Saldafla answered that the property owner would need to pay hotel/motel taxes in
addition to obtain a Certificate of Occupancy, and continue paying such taxes.
Public hearing was opened.
Moms Englehart, 106 Alta Plaza, said that there is a bed and breakfast home in his neighborhood. In the
past year, the home has been rented for wedding receptions and parties with valet parking. The parking extends
down the street. There are also bands playing music late at night. Mr. Englehart asked for relief fxom their current
problems and fi.om the allowing the facility to be rented for parties.
Joe Miller, 3202 Ocean Drive, suggested that the bed and breakfast be prohibited fi.om having parties or
receptions which cause traffic problems in the neighborhood. He expressed concern with the bed and breakfast use
depreciating property values in the area.
planning Commission Minutes
June 6, 2001
Zoning Text Amendments
Page 3
Claude D' Unger, 201 Del Mar, said that he reviewed the bed and breakfast home. He suggested that a
boarder is a person for a period of time and not a transient. Bed and breakfast is a transitory business. Mr. D'
Unger said that the bed and breakfast would advertise and the use would impact the neighborhood. He continued
that the fights of the neighborhood should be considered before a bed and breakfast use is placed in the
neighborhood and asked the Commission to direct stuff to review bed and breakfast definitions.
Dorothy Spann, representing Del Mar Homeowners Association, said that the neighborhoods do not have
rights regarding the establishment ora bed and breakfast in their neighborhood. She said the streets are narrow and
congested which causes safety hazards. Ms. Sparta said that the neighborhood has been seeking funds to install
traffic calming devises. She said that a single-family residential, designated duplexes, and apartments are the
highest productivity of tax valuations and tax dollars. She continued that these designations are also the safest.
Deed restrictions also protect the neighborhood. Ms. Sparta provided a history regarding a 1941 ordinance enacted
for the milita~ during an emergency, World War II. She said that the ordinance required residents to house the
military, and that the ordinance has since lingered and is the source of devaluation of neighborhoods to date.
Ms. Spann said that she believes that the misutilization of the 1941 ordinance is the result of the current problems in
neighborhoods.
Ms. Spaun expressed concern regarding traffic safety issues. She said that the Del Mar neighborhood is the
most wainerable neighborhood because the homes are traditional with large lawns. The proposed amendments
require a 150 feet front and rear setback which would not detract bed and breakfast uses from being adjacent fi.om
each other. Ms. Spann quoted the proposed amendments: "... that has been determined that tins amendment would
best serve the public health, necessity and the convenience of the general welfare of the City of Corpus Christi." She
asked the Commission to allow the Del Mar neighborhood the opportunity to review the amendments with Staff.
Dr. Stun Schumaker, 3275 Ocean Drive, owner of Ocean House, said he has been operating the home as a
bed and breakfast for four and one-half years. He said that he is in compliance with city regulations.
Dr. Schumaker expressed concern with the parking requirement and also asked that the use be allowed to have six
(6) bedrooms.
Shirley Smith, 21 Hewitt, provided an example of traffic problems associated with Ocean House. She said
that there were 30 cars parked in the alley behind her home. The problem prevents her and her neighbom from using
the alley because of the tack of parking provided by Ocean House.
Tmey Smith, 2I l North Carrizo, owner of Blucher House Bed and Breakfast Inn, commended Staffand the
Commission on the proposed amendments. Ms. Smith suggested that the requirements not be too strict which would
hinder bed and breakfast operations and make the use undesirable for future businesses. She said that the Austin
zoning ordinance requires 1,000 feet between bed and breakfasts homes. Ms. Smith continued that Austin also
separated bed and breakfast homes and bed and breakfast inns; however, they also have separated the uses by the
age of the homes. She responded to Chairman Barlanga's previous commem and suggested that the city could check
whether hotel/motel tax is being paid to verify a legitimate bed and breakfast use because 9% of the tax is paid to the
city.
Public hearing was closed.
Commission discussed concerns expressed by residents. It was suggested that party, rental facilities,
parking issues, and allowing the Zoning Board of Adjustment review the case as a public heating be addressed in the
amendments. Commissioner Sween-McGloin requested that the Zoning Board of Adjustment review the bed and
breakfast home use. Vice Chairman Mires asked the Commission and Staffto postpone the vote regarding the bed
and breakfast use to give Staff an opportunity to address concerns expressed by the residents. Public hearing was
postponed to the July 18, 2001 meeting.
Planning Commission Minutes
June 6, 2001
Zoning Text Amendments
Page 4
Commissioner Sween-McGloin requested information regarding a noise ordinance.
Kennels
Mr. Saldafia provided an overview of the proposed dog kennel def'mition amendment. He said that the
kennel use is a permitted use in the "1-2" Light Industrial District. A kennel is facility where four (4) or more dogs,
cats, or other animals over three (3) months of age are kept, raised, sold, boarded, bred, shown, treated, groomed,
exclusive of animals used for agricultural uses. Mr. Saldafla said that staff is recommending adoption of the
definition. This use is allowed in "B-3" and "B-4" Business Districts without outside runs. He continued that the
kennels would be allowed in the "1-2" Light Industrial District with outside runs. Them is an amendment to the
"I-2" and "I-3" Districts that would require a separation of the kennels and require a setback not less than 100 feet
from a residential district. Mr. Saldafla said that the amendment was part of an agreement between the city and a
private party board on a court order decree.
Public hearing was opened.
Tony Bender, 7070 Road C, said that he agreed with "I-2" Light Industrial District zoning for kennels.
Public hearing was closed.
Commissioner Sween-McGIoin expressed concern with relating the amendment to residents and business
owners. Residents are allowed up to five (5) pets, but a kennel is described as four (4) or more pets. Mr. Saldafia
said that the amendment addresses businesses and will not affect single-family residences. Mr. Gunning said that a
single-family resident is required to comply with the city code of ordinance which limits the number of animals that
may be kept on a residential lot. He suggested adding language that references payment of services to the kennel
and delete age requirement of three (3) months. Mr. Gunning said that the Legal Department could reconcile the
amendment with other city codes.
Public hearing was opened.
In response to Commissioner Pusley's question, Mr. Bender said the kennels are controlled by the city and
require a city permit fi.om the Animal Control Department.
Public hearing was closed.
Commission requested that the kennels be postponed to the July 18, 2001 meeting.
Mr. Saldafla highlighted the remainder of proposed definitions and zoning text amendments.
Animal Hospital
He said that the Animal hospital use is curremly not defined in the Ordinance, but is listed as a permitted
use in the "B4" General Business District.
Assisted Living Facilities
The assisted-living facility is a new use that needs addressing. There have been several requests for a
change of zoning for the use and Code Enforcement has classified the use as being similar to an apartment hotel
which is permitted in an "A-2" Apartment House District. However, there are several assisted-living facilities that
were permitted in less intense districts than the "A-2" District through the use of Special Permits. Aa assisted-
living facility is defined as a facility comprised of seven (7) or more individuals. A facility of six (6) persons or less
is regulated by state and does not allow a facility in a single-family resident. According to local assisted-living
facilities operators, approximately fifty (50) percent of the residents normally do not own automobiles. Therefore,
plamung Commission Minutes
June 6, 2001
Zoning Text Amendmems
Page 5
traffic impact fi.om these facilities will be minimal. The density (number of rooms) of an assisted-living facility
would be limited to the density limitation of the district.
Commercial Vehicles
The commercial vehicle definition has been added to clarify the commercial vehicle referenced in the
definition of a private garage. Mr. Gunning said that Mr. Norbert Hart, Director of Housing and Community
Development, requested that the definition read as follows: "A vehicle licensed as COlmnercial has a Texas
Department of Licensing and Regulations number or has a permanently aff'uced business/logo." Chairman Berlanga
asked about vehicles that use magnetic signs. Mr. Gunning answered that they are not considered commercial
vehicles unless they are licensed as comraercial.
Garage
The currem definition for "Garage, Private" limits all private garages to 900 square feet and not more than
four (4) motor-driven vehicles. The Zoning Board of Adjusanunt (ZBA) has, throughout the years, received
numerous requests to allow private garages in excess of 900 square feet. The ZBA requested that the Zoning
Ordinance be amended to allow larger garages based on the lot size and/or size of the house. ARer reviewing that
requests approved by ZBA and the new windstorm standards for garages, Staff recommends that the current 900
square foot limitation not change, but to allow increased garage sizes for single-family residences larger than 1,836
square feet. In this case, a garage may not exceed 49 percent of the size of the home. Limiting the garage size based
on the house size instead of the lot size would ensure that the garage would remain as an accessory to the house.
Mr. Sald-~a said that calculations for the garage are made for the garage based on exclusion of work area, storage
area, bathrooms, and living areas.
Mini-Storaee
The enclosed mini-storage use is being amended to increase the size of the individual unit. The increase
fi.om 300 square feet to 400 square feet will allow operators of mini-storage facilities to store boats. The current 300
square foot limitation is not large enough to store boats. The Planning Commission has recommended and City
Council has approved several Special Permits for larger units to accommodate boats. This amendment will
eliminate the uncertainty of whether the boat storage would be permitted and allows the developer to plan boat
storage units at the outset. Mr. Saldafia said that the height limitation proposed would be 15 feet.
"A- 1 A" District
Mr. Saldag. a explained that there have been several property ownem that preferred a "B-lA" Neighborhood
Business District but because of the restaurant use that is permitted, the request was defeated. He said that a "B-lA"
District without a restaurant use would be more acceptable to surrounding property owners. Therefore, it is
recommended eliminating the restaurant as a permitted use and. A masonry wall is currently required along the
property line that is adjacent to a residential district. It was not Staff's intent to require a masomy wall along the
side property lines, if adjacent to residential zoning. The intent was only along the rear property line and a standard
screening fence along the side property lines. The reason for not requiring a masonry wall along the side property
lines was because there is a higher probability that the adjacem property to the side would rezone to a nonresidential
district and the fence would not be required. If a masonry wall is required, it is unlikely that the wall would be
removed. The end result would be a series of adjoining lots walled in on three (3) sides.
Driveways
Mr. Salda~a said that the access drive is not addressed in the Zoning Ordinance. He described un access
drive as the driveway that extends fi.om the drive approach at the street to the parking area interior to the lot.
Currently, there are no minimum width requirements for the access drives. The purpose of this amendment is to
require minimum access drive widths, based on whether it is a one-way or two-way drive. After discussion with
Traffic Engineering, Staff is recommending standards: 10-foot driveway for single-family homes, 15 feet for one-
Planning Commission Minutes
June 6, 2001
Zoning Text Amendments
Page 6
way drives, 20 feet if one-way drive and designated as an emergency access driveway, and 24 feet for two-way
access drives.
Commissioner Sween-McGloin asked whether Staff has decided that a "B-lA" District is not appropriate
for a mixed use. Mr. Saldafia said that the "B-lA" District is useful for mixed use, but the restaurant use needed to
be excluded. He explained that the neighborhoods adjacent to property being considered for "B-lA" District zoning
were not opposed to retail use, but were opposed to the restaurant use.
Commissioner Sween-McGloin expressed concern with the allowable size of garages as proposed in the
amendments. Commission discussed language for calculations for a private garage. It was decided that the language
would be "49% of the gross floor area excluding garages, porches, and patios of the main building".
Motion by Sween-McGloin~ seconded by Mims, to approve the Zoning Text Amendments regarding access
drives, animal hospitals, assisted living facilities, commemial vehicles, private garages as amended, enclosed
mini-storages and "B-IA" Neighborhood Business District as amended. Motion passed with Amsler, Cheek, and
Richter being absent.
Planning conmUssion Minutes (Unapproved)
July 18, 2001
ZONING ORDINANCE TEXT AMENDMENTS
Mr. Saldafia said that there was concern regarding the bed and breakfast use as proposed by Staff
to permit a bed and breakfast home in a residential area by right and without knowledge to the adjoin/nS
residential uses. He said that Planning Cornnussion wanted to provide some type of public input as to the
locations of these bed and breakfast homes. An ordinance was created which gives the Zoning Board of
Adjusmaent (ZBA) the authority through a special use exception, to allow or not allow a bed and breakfast
home in a certain area and allows for public input. The ordinance also provides some guidance as to the
issues that should be addressed, may or may not allow outdoor activities, limit the hours of the outdoor
activities, require separation between bed and breakfast homes, require a site plan and required evidence of
addressing the hotel/motel tax. StafFs opinion is that some allowance of bed and breakfast homes in
residential areas without the required hearing and certain limitations would address a tourist need. With the
proposed public hearing, it is possible that a bed and breakfast home would not be permitted in an area
ideal for bed and breakfast due to the neighborhood opposition.
In response to Commissioner Sween-McGloin, Mr. Saldafia said that bed and breakfasts would be
permitted in an apartment district while a motel is not. He said that a motel is not limited to the number of
pan'ons permitted; however, a bed and breakfast home is limited to 12. Mr. Saldafia addressed the party
facility use by saying that party facilities are not allowed in a "R-IB" District, but base zoning allows other
uses such as catering. He continued that if the bed and breakfast home is in compliance with the current
zoning, the use will be grandfathered and will not have to go before the Zoning Board of Adjustment
(ZI~A). If the bed and breakfast home exceeds four (4) boarders, they will have to go before the ZBA to
increase the number of boarders allowed.
Commissioner Sween-McGloin requested that the bed and breakfast home be limited to 10 people
and the bed and breakfast inn be limited to 24 people.
Mr. Saldafia provided an overview of changes made to the ordinance pertaining to kennels.
Commissioner Sween-McGloin requested the addition of "any of the following" and deleting "or both".
Commissioner Richter said that the language in the ordinance is too restxictive for bed and
breakfast homes and asked about dumpsters. Mr. Saldafia responded that dumpsters are not required in the
ordinance. If there is a dumpster, the location needs to be known.
Motion by Sween-McGloin, seconded by Mires, to forward the Zoning Text Amendments as
amended to City Council. Motion passed with Richter voting "Nay".
Cormmssioner Richter said that she did not support the text amendments because she believes that
the bed and breakfast amendments do not convey the ideas that the bed and breakfasts are supported in the
city.
Page 1 of 12
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3,
DEFINITIONS; ARTICLE 4A, "F-R" FARM RURAL DISTRICT
REGULATIONS; ARTICLE 4B, "RE" RESIDENTIAL ESTATE
DISTRICT REGULATIONS; ARTICLE 4C, "RA" ONE-FAMILY
DWELLING DISTRICT REGULATIONS; ARTICLE 5, "R-lA" ONE-
FAMILY DWELLING DISTRICT REGULATIONS; ARTICLE 6B, "R-TH"
TOWNHOUSE DWELLING DISTRICT REGULATIONS; ARTICLE 7,
"R-2" MULTIPLE DWELLING DISTRICT REGULATIONS; ARTICLE 8,
"A-I" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 8A,
"A-IA" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 9,
"A-2" APARTMENT HOUSE DISTRICT REGULATIONS; ARTICLE 10,
"AT" APARTMENT-TOURIST DISTRICT REGULATIONS; ARTICLE 11,
"AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS; ARTICLE
12A, "B-lA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS;
ARTICLE 14A, "BD" CORPUS CHRISTI BEACH DESIGN DISTRICT
REGULATIONS; ARTICLE 15, "B-3"BUSINESS DISTRICT
REGULATIONS; ARTICLE 16, "B-4" GENERAL BUSINESS DISTRICT
REGULATIONS; ARTICLE 22, PARKING REGULATIONS; AND
ARTICLE 29, THE BOARD OF ADJUSTMENT; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
June 6, 2001, and July 18, 2001, during a meeting of the Planning Commission, and on
Tuesday, August 21, 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 revising Article 3, Definitions, to read as follows:
"ARTICLE 3. DEFINITIONS
"Section 3-1 Words used in the present tense include the future; words in singular
number include the plural number; and words in the plural number include the singular.
The word "building" includes the word "structure". The word "shall" is mandatory and not
H;\LEG-DIR\DoyleDCurtis\MYDOCS~2001\P&ZORD0 l~oning.ord\DOYLEC~200 l\DCMultZonTxtAmnd3.doc
Page 2 of 12
directory. In the interpretation of this Ordinance only, and no other, certain terms and
words are hereby defined as follows:
"3-1.02.1.1 Animal hospital. A facility where animals or pets are .qiven medical or
surqical treatment and are cared for durinq the time of such treatment.
"3-1.05.0.1 Assisted livin.q facility. A facility comprised of dwellin.q units and carinq
for seven (7) or more individuals, that provides primarily nonmedical resident services to
individuals in need of personal assistance essential for sustaininq the activities of daily
livin.q on a 24-hour basis. The facility may contain a common kitchen and dininq room.
"3-1.06.1 Bed and breakfast (B&B) home. A private, owner-occupied residence that
offers sleepinq accommodations to Iodqers. Sleepinq accommodations shall not
exceed five (5) bedrooms and not more than ten (10) people, not includinq the owner-
occupied rooms. Owner-occupied rooms include rooms occupied by people related to
the owner. For the purpose of this definition, a Iod.qer means a person who rents a
room in a B&B home establishment for fewer than thirty (30) consecutive days. Kitchen
and dinin.q facilities may be included to provide meals to quest only; however, no food
preparation shall be permitted in quest bedrooms.
"3-1.06.2 Bed and breakfast (B&B) inn. A facility that offers sleepinq
accommodations to Iodqers. Sleepinq accommodations shall not exceed twelve (12)
bedrooms and not more than 24 people. The owner and/or operator that may live on
the premises. For the purpose of this definition, a Iodqer means a person who rents a
room in a B&B inn establishment for fewer than thirty (30) consecutive days. Kitchen
and dininq facilities may be included to provide meals to ,quest only; however, no food
preparation shall be permitted in quest bedrooms. This term excludes any bed and
breakfast home.
"3-1.14.2 Commercial vehicle. A vehicle licensed as commercial, has a Texas
Department of Licensinq and Requlations number, and/or has a permanently affixed
commercial/business Ioqo.
"3-1.29 Garaqe, Private. ^ .......... ~,,,;;a; .... + ..... .~;.. nnn ....... ;~+; .....
.... '~ ~'" th ......... *~ ''~ ~ ~'' ';"~;"" * .... ~;"~' ;* ;c ccccccc.";. A detached accessory or
portion of a main buildinq desiqned or used for the storaqe of not more than four (4)
motor-driven vehicles of the occupants of the premises that does not exceed 900
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Page 3 of 12
square feet or 49 percent of the qross floor area of the main buildinq, whichever is
qreater. No more than one of the vehicles may be a commercial vehicle, which may
_,""'~,_ ,k..,.,, _. v .... ,.v v,k"",_,, ~vk" not exceed amcrc thc~ two-ton capacity. Calculations for
determininq the area of the private qaraqe shall not include the areas desiqnated as
work area, livinq area, storage area, bathrooms and similar areas.
"3-1.48.4 Mini-storage, enclosed. A buildin,q or qroup of buildinqs divided into
separate compartments for the temporary storage of personal goods. Each
compartment may not exceed an area of four hundred (400) square feet. ~-'- ........... k~.,..g or
k,,...~....~/~nn~ ....... ~; ..... Such The storage building buildings shall not
exceed one (1) story, fifteen (15) feet in heiqht.
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 4A, "F-R" Farm- Rural District Regulations, Section 4A-2
Use Regulations. to read as follows:
"ARTICLE 4A. "F-R" FARM-RURAL DISTRICT REGULATIONS
"Section 4A-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(15) Bed and breakfast (B&B) home.
SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 4B, "R-E" Residential Estate District Regulations, Section
4B-2 Use Regulations. to read as follows:
"ARTICLE 4B. "R-E" RESIDENTIAL ESTATE DISTRICT REGULATIONS
"Section 4B-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(12) Bed and breakfast (B&B) home.
SECTION 4. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 4C, "RA" One Family Dwelling District Regulations, Section
4C-2 Use Regulations. to read as follows:
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"ARTICLE 4C. "PA" ONE FAMILY DWELLING DISTRICT REGULATIONS
"Section 4C-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(12) Bed and breakfast (B&B) home.
SECTION 5. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 5, "R-lA" One Family Dwelling District Regulations, Section
5-2 Use Regulations. to read as follows:
"ARTICLE 5. "R-lA" ONE FAMILY DWELLING DISTRICT REGULATIONS
"Section 5-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(15) Bed and breakfast (B&B) home.
SECTION 6. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 6B, "R-TH" Townhouse Dwelling District Regulations,
Section 6B-2 Use Regulations. to read as follows:
"ARTICLE 6. "R-TH" TOWNHOUSE DWELLING DISTRICT REGULATIONS
"Section 6B-2 Use Regulations. A building or pr.emises shall be used only for the
following purposes: ::
"(10) Bed and breakfast (B&B) home.
SECTION 7. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 7, "R-2" Multiple Dwelling District Regulations, Section 7-2
Use Regulations. to read as follows:
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"ARTICLE 7. "R-2" MULTIPLE DWELLING DISTRICT REGULATIONS
"Section 7-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(5) Assisted livinq facility.
SECTION 8. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 8, '%-1" Apartment House District Regulations, Section 8-2
Use Regulations. to read as follows:
"ARTICLE 8. "A-I" APARTMENT HOUSE DISTRICT REGULATIONS
"Section 8-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(6) Assisted livinq facility.
SECTION 9. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 8A, "A-lA" Apartment House District Regulations, Section
8A-2 Use Regulations. to read as follows:
"ARTICLE 8A. "A-lA" APARTMENT HOUSE DISTRICT REGULATIONS
"Section 8A-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(15) Bed and breakfast (B&B) home.
"(16) Assisted livin.q facility.
SECTION i0. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 9, "A~2" Apartment House District Regulations, Section 9-2
Use Regulations. to read as follows:
"ARTICLE 9. "A-2" APARTMENT HOUSE DISTRICT REGULATIONS
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"Section 9-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(11) Assisted livinq facility.
"(12) Bed and breakfast (B&B) inn.
SECTION 11. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 10, "AT" Apartment-Tourist District Regulations, Section 10-
2 Use Regulations. to read as follows:
"ARTICLE 10. "AT" APARTMENT-TOURIST DISTRICT REGULATIONS
"Section t0-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(8) Assisted living facility.
"(9) Bed and breakfast (B&B) inn.
SECTION 12. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 11, "AB" Professional Office District Regulations, Section
11-2 Use Regulations. to read as follows:
"ARTICLE Il. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS
"Section 11-2 Use Regulations. A building or p.~.~mises sha be used only for the
following purposes:
"(16) Assisted living facility.
"(17) Bed and breakfast (B&B) inn.
SECTION 13. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 12A, "B-lA" Neighborhood Business District Regulations,
Section 12A-2 Use Regulations, and Section 12A-9 Supplementary Site Design
Regulations, to read as follows:
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Page 7 of 12
"ARTICLE 12A. "B-IA" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS
"Section 12A-2 Use Regulations. A building or premises shall be used only for the
following or similar purposes:
"(11) Restau-R=~ Assisted livinq facility.
"(12) Bed and breakfast (B&B) home.
"(13) Bed and breakfast (B&B)inn.
"Section 12A-9 Supplementary Site Design Regulations
"Section ~2A-9.4 A six (6) foot high masonry fence shall be required alonq the rear
property line where abutting a residential district. A standard screeninq fence with a
hei.qht of not less than six (6) feet shall be required alonq the side property lines where
abuttinq a residential district. A screeninq fence is not required across street or
drainaqe ri.qhts-of-way.
SECTION 14. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising AKicle 14A, "BD" Corpus Cl~,'sti Beach Design District, Section
14A-2 Use Regulations, to read as follows:
"ARTICLE 'I4A. "BO" CORPUS CHRISTI BEACH DESIGN DISTRICT
"Section 14A-2 Use Regulations. A building or premise shall be used for the
following or similar purposes:
"(35) Assisted livinq facility.
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Page 8 of 12
"(36) Bed and breakfast home.
"(37) Bed and breakfast (B&B) inn.
SECTION 15. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 15, "B-3" Business District Regulations, Section 15-2 Use
Regulations, to read as follows:
"ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS
"Section 15-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(8)
Animal hospital with no outside u.....~,..i .... i~,.~. · .... ~,..~l.. k, ,, ..~ cpc,",
runs .... ,. .......................... ,
"(18)
SECTION 16. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 16, "B-4" General Business District Regulations, Section
16-2 Use Regulations, to read as follows:
"ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS
"Section 16-2 Use Regulations. A building or premises shall be used only for the
following purposes:
"(8)
Animal hospitalwith no runs u.....;,..~ .... '";~ ~ .... ~'~"~ ~" '* "" cpc.".
outside .... ~. ...................................
"(18)
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Page 9 of 12
SECTION 17. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 22, Parking Regulations, by adding the Assisted living
facility and Bed and breakfast (B&B) home or inn uses to the chart, and revising Section
22-4 Design Standards, to read as follows:
"ARTICLE 22. OFF-STREET PARKING REGULATIONS
"Column 1 Column 2 Column 3 Column 4
Spaces Required Per
"Use or Use Category Location Basic Measuring Unit Additional Requirements
'Assisted living facility All districts 0.5 per room or suite None
Column 1 Column 2 Column 3 Column 4
'Use or Use Category Location Spaces Required Per
Basic Measuring Unit Additional Requirements
Parking for B&B home to
"Bed and breakfast home All districts 1 per room or suite be approved by Board of
or inn Adiustment
"Section 22-4 Design Standards:
"22-4.03.01 Driveway approaches ..................... for all parking facilities shall
comply with existing ordinances of the City of Corpus Christi, including, but not limited to
the Manual of Driveway Design and Constructions Standards.
"22-4.03.02 Access drives within private property shall conform to the followinq
standards:
a) Access drives for one and two-family dwellinqs shall have a width of not less than
ten (10) feet.
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Page 10 of 12
b) All other one-way access drives shall have a width of not less than fifteen (15) feet,
provided that a width of not less than twenty (20) feet may be required for one-way
drives designated as emerqency access roadways.
c) Two-way access drives shall have a width of not less than twenty-four (24) feet.
SECTION 18. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by revising Article 29, The Board of Adjustment, Section 29-3 Special Use
Exceptions, to read as follows:
"ARTICLE 29. THE BOARD OF ADJUSTMENT
"Section 29-3 Special Use Exceptions. In order to provide for adjustment in the
relative locations of uses and buildings of the same or different classifications, to
promote the usefulness of this Ordinance as an instrument for fact finding,
interpretation, application, adjustment and to supply the necessary elasticity to its
efficient operation, special use exceptions are permitted by the terms of this
Ordinance. The following buildings and uses are permitted as special exceptions
if the Board of Adjustment finds, that in its opinion, as a matter of fact, such
exceptions will not substantially affect adversely the uses of adjacent and
neighboring property permitted by this Ordinance.
"29-3.13 A bed and breakfast home, if located in the "F-R" Farm-Rural, "RE"
Residential Estate, "RA" One-family Dwellinq, "R-lA" One-family
Dwellin.q, "R-1B" One-family Dwellin.ql "R-1C" One-family Dwellinq, "R-
TH" Townhouse Dwe in.q, "R-2" Multiple Dwellinql "A-1" Apartment
House, "A-lA" Apartment House, B-lA Neiqhborhood Business, or the
BD Beach Desiqn District1 may be allowed, after a public hearinq The
Board must, at a minimum, consider the followinq conditions as part of
the review process: ~.:.
a) Location of service areas and dumpsters;
b)
On-street parkinq area as part of the parkinq requirements
and prohibit parkinq in the front yard;
c)
VVhether to permit outdoor activities, establish hours of
operations for outdoor activities, includinq parties, banquets,
dances, etc., and determine the frequency of the outdoor
activities;
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d)
Require a separation between another bed and breakfast
facility of a minimum radius of 300 feet;
e)
Require the submission of a detailed site plan indicatinq
items listed above and others deemed necessary by the
Board;
f') Evidence of addressinq hotel/motel tax; and
q)
Permit the proposed B&B home to exceed the five (5)
bedroom limit due to the size of the existinq structure and lot
and the aqe of the structure.
SECTION 19. 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 20. 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 21. That any ordinance or part of any ordinance in conflict with this
ordinance is expressly repealed by this ordinance.
SECTION 22. If for any raason 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 23. 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.
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Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 21st day of August, 2001, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
PASSED AND APPROVED, this the __
Al-rEST:
,2001, by the following vote:
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
day of
,201
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
APPROVED AS TO LEGAL FORM August 17, 2001
James ~r/ay, J r.,,~;ity A~/~rney /~
Doyle(Oj~ urtis
SeniokAssistant City Attorney
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AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY REVISING ARTICLE 3 BY
ADDING A DEFINITION OF KENNEL AND ARTICLE 20, SECTION 20-6
AND ARTICLE 21, SECTION 21-6 BY REQUIRING BUILDINGS AND
STRUCTURES USED TO HOUSE ANIMALS, BIRDS, AND POULTRY AT
ANIMAL SHELTERS, KENNELS, AND COMMERCIAL ESTABLISHMENTS
THAT RAISE ANIMALS, POULTRY, AND BIRDS WITHIN AN I-2 LIGHT
INDUSTRIAL DISTRICT AND I-3 HEAVY INDUSTRIAL DISTRICT TO BE
SET BACK AT LEAST 100 FEET FROM ANY REQUIRED YARD LINES IF
ABUTTING OR ADJOINING A RESIDENTIAL DISTRICT; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, on Thursday, November 9, 2000, the Animal Control Advisory Committee
reviewed and recommended the adoption of this amendment.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesdays,
June 6 and July 18, 2001, during a meeting of the Planning Commission, and on
Tuesday, August 21, 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 adding Subsection 3-1.38.3 to Section 3-1 to read as follows:
"ARTICLE 3. DEFINITIONS.
"Section 3-1 Words used in the present tense include the future, words in singular
number include the plural number, and words in the plural number include the singular;
the word "building" includes the word "structure;" the word "shall" is mandatory and not
directory. In the interpretation of this Ordinance and none other certain terms and
words are hereby defined as follows:
R01301B4.wpd
2
"3-1.38.3 Kennel. A commercial facility where four or more dogs, cats, or other
animals over three (3) months of age are kept, raised, sold, boarded, bred,
shown, treated, groomed, but exclusive Of animals used for agricultural
purposes."
SECTION 2. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by adding Subsection 20-5.04 to Section 20-5 to read as follows:
"Section 20-5 Height and Area Regulations. Height and area requirements shall be
as set forth in the chart of Article 24, and in addition the following regulations shall
apply:
"20-5.04
Whenever any building or structure, including but not limited to .3
bird coop, cattery, corral, doq run, paddock, pen, pigeon cote,
rabbit hutch, stable, or stall in the "1-2" Light Industrial District used
to house animals, poultry, or birds in an animal pound, commercial
animal, poultry, or bird raising establishment, or kennel, adioins or
abuts a residential district, the building or structure shall be set
back not less than 100 feet from all required yard lines abutting ,3
residential district.
"1.(~ A Farm-Rural zoninq district is not considered a residential
district for the purposes of this subsection.
"(2)
No setbacks are required for fenced pastures of at least
acre used to hold livestock, such as cattle and horses."
SECTION 3. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by adding Subsection 21-6.04 to Section 21-6 to read as follows:
"Section 21-6 Height and Area Regulations. Height and area requirements shall be
as set forth in the chart of Article 24, and in addition the following regulations shall
apply:
"21-6.04
Whenever any building or structure, including but not limited to
bird coop, catteryl corral1 doq run, paddock1 pen, pigeon cote,
rabbit hutch, stable, or stall in the "1-3" Heavy Industrial District
used to house animals, poultry1 or birds in an animal pound,
R01301B4.wpa
3
commercial animal, poultry, or bird raisinq establishment, or kennel,
adioins or abuts a residential district, the buildinq or structure shall
be set back not less than 100 feet from all required yard linec
abuttinq a residential district.
"1.(_!~A Farm-Rural zoninq district is not considered a residential
district for the purposes of this subsection.
No setbacks are required for fenced pastures of at least one,
acre used to hold livestock, such as cattle and horses."
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 8. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R01301B4 wpd
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 6, ANIMAL CONTROL, REGARDING COMMERCIAL PERMITS,
FEES, AND SPACING REQUIREMENTS.; PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 6-18 of the Code of Ordinances is amended to read as follows:
Sec. 6-18. Commercial permits and fees.
(a) Except for veterinarians or veterinary hospitals; all commercial animal
establishments and owners/possessors of dogs defined as "guard dogs" shall be
required to maintain a current and valid commercial permit.
~ The commercial permit shall be renewable annually upon inspection and payment of
a fee.
~c) Fees for such permits shall be in accordance with the following schedule:
Pet stores
............................... $50.00
Department stores (fish, rodents, birds) ......... 25.00
Kennels: Authorized less Eess-than 10 animals .. 25.00
Kennels: Authorized between 10 to-&__50 animals . 50.00
Kennels: Authorized 51 or more animals ....... 100.00
Stables: Authorized less tess-than 10 horses .... 25.00
Stables: Authorized between 10 {o-&25 horses .. 50.00
Stables: Authorized 26 or more horses ........ 100.00
Grooming shops ........................... 50.00
Temporary pedorming animal ................ 25.00
Circuses
................................. 50.00
Rodeos
................................. 50.00
R01301A4.wpd
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Petting zoos (temporary) .................... 50.00
Guard dogs: Single dog/single site ............25.00
Multiple dogs/single site .....................50.00
Multiple sites with I dog ....................100.00
Training center ........................... 200.00
Animal exhibit.
........................... 200.00
Breeding (for sale) ........................ 200.00
Rabbits (breeding and sale) .................. 50.00
Auctions
................................ 100.00
Temporary permit (30 day for sale of animals) ... 15.00
(b) Permits shall be issued and renewed upon application. Each permit for a kennel or
stable shall specify the maximum number of animals that may be kept at the busines:;
establishment.
(c) Upon initial application for a permit, the animal control officer shall ar~--review and
certify that the commercial animal establishment is in compliance with all construction,
zoning, or other ordinances of the city governing the conduct of the business of the
commercial animal establishment after consultinq with the Buildinq Official and Zonin¢l
and Code Enforcement Administrator. An appropriate certificate of occupancy issued
by the Buildinq Official may be considered as evidence that the commercial animal
establishment complies wiht the City's construction and zoninq ordinances.
(d) No permit shall be transferred or assigned.
('e) Any establishment providing services classified in two (2) or more categories of fees
in the fee schedule will be required to obtain only one permit, and the fee charged for
such permit shall be the highest of the fees for any of the applicable categories.
.(.Q Animal exhibits and .a.ccredited zoological parks may request permission to possess
prohibited animals within the city limits of the City of Corpus Christi for the duration of
the commercial permit. Possession of a prohibited animal pursuant to this section shall
be exempt from the terms of section 6-32 and subject to regulations prescribed by the
R01301A4wpa
3
city health officer for indemnification of the city, proof of insurance and such other
conditions deemed necessary to preserve the safety and welfare of the public.
(g) Except as provided for a circus, performing animal exhibition, or auction, the
commercial permit shall be renewable annually upon inspection.
.(b} Commercial permits granted to a circus, rodeo, auction, or performing exhibition
shall be valid for the duration of the event not to exceed thirty (30) days from the date of
issuance. Any circus, rodeo, auction, performing animal exhibition, or zoological park
may request limited permission to possess a prohibited animal within the city limits of
the City of Corpus Christi for the duration of the commercial permit. Possession of a
prohibited animal pursuant to this section shall be exempt from the terms of section 6-
32 and subject to regulations prescribed by the city health officer for indemnification of
the city, proof of insurance, and such other conditions deemed necessary to preserve
the safety and welfare of the public.
i.(i). A waiver of the permit requirements of this section may be granted by the city health
officer in cases involving a scientific or educational program, a show or exhibition by a
nonprofit organization or animals owned by the city upon a finding that such a waiver
would not endanger the public or animal health, or create a nuisance.
(-~)-~.)_ln addition to all other conditions of this section, owners/operators of stables or
kennels, except kennels operated by veterinarians, where animals are boarded or
grazed for a fee must maintain a register identifying all animals boarded or grazed, the
name, address, and telephone number of the owners of each animal including an
alternative emergency telephone number, and a statement by the owner of each animal
boarded or grazed either assuming total responsibility for the care and feeding of the
animal, or transferring all responsibility for the care and feeding of the animal to the
stable or kennel owner/operator.
k.~ The stable or kennel owner/operator must also provide an emergency telephone
number where the stable or kennel owner/operator or caretaker can be reached if they
are not on the premises.
(d,) I.([l_Each commercial animal establishment, even though owned by the same person,
must possess a permit.
(m) Upon the change in the location or ownership, a new application for a commercial
permit shall be required.
(n) Each commercial animal establishment shall be subject to inspection by an animal
control officer during normal business hours.
R0/301A4.wpd
4
('o) A commercial permit shall be displayed in a prominent place on the premises. In
addition to all other conditions of this section, owners/possessors of dogs defined as
"guard dogs" shall meet all regulations promulgated by the city health officer.
(e)-(p) No commercial animal establishment shall sell any dog or cat, three (3) months
of age or older, to any person unless such animal has a valid rabies vaccination.
(q) Upon aoDlication for the renewal or transfer of a permit, the animal control office~
shall review and certify that the commercial animal establishment is in compliance wi!.h
all ordinances qoverninq the conduct of the business of the commercial animal
establishment.
(¢~- r~.0_Subject to the administrative proceedings provided by section 6-12, a commercial
permit may be suspended or revoked for:
The refusal or failure of the holder to comply with any provision of this
chapter, the regulations promulgated by the city health officer, or any law
governing the safety, welfare or keeping of animals;
(2) Deprivation of necessary food, care, or shelter from animals;
(3) Cruel or inhumane confinement or treatment of animals;
(4)
The existence of unsanitary conditions such that a danger exists for the
transmission of disease to animals or the public; or
(5)
The existence of conditions which constitute a public nuisance or create a
nuisance.
(s) Upon suspension of a commercial permit, the holder shall be ordered to correct the
violations as prescribed by the city health officer. In addition to ordering the cessation or
correction of the violations, the city health officer may provide that no animal be placed
or accepted by the holder until such time as the permit is reinstated after suspension.
SECTION 2. Section 6-33 of the Code of Ordinances is amended to read as follows:
Sec. 6-33. Keeping of any livestock or fowl.
(a) The keeping on any premises in the city, within any zoninq district other than an I-?
Liqht Industrial or I-3 Heavy Industrial District, of any fowl or livestock not prohibited by
section 6-32, is prohibited unless_.'
R01301A4.wpd
5
(1)
the pens, stalls or other facilities, other than fenced open pastures that
are qreater than one acre, for keeping the same shall be so located that
the livestock or fowl cannot come within one hundred (100) feet of any
_existing dwelling or business building owned, used or maintained by any
person other than the keeper,
the pens, stalls or other facilities, other than fenced open pastures that
are qreater than one acre, for keepinq the livestock or fowl shall be
located so the livestock or fowl cannot come within or-five hundred (500)
feet of any existinq food service establishment or food processing
establishment, regardless of ownership or occupancy of such
establishment.
the fenced open pasture, which is qreater than one acre, has a means or
preventing the livestock or fowl from cominq within 25 feet of any property
line that abuts an existinq residence.
(b) This provision shall not apply to fowl which are kept in completely enclosed and
solidly walled facilities, or to species of birds other than poultry.
(c) Buildinqs and structures used to keep animals within an 1-2 Liqht Industrial or I-3
Heavy Industrial District must meet the set back requirements in Section 20-5.04 of th~
Zoning Ordinance___~
SECTION 3. Section 6-34 of the Code of Ordinances is amended to read as follows:
Sec. 6-34. Keeping of more than six pets.
(a) The keeping on any premises in the city, in any zoninq district other than 1-2 Liqht
Industrial or I-3 Heavy Industrial District, of any pets in any number exceeding six (6) in
aggregate, other than rodents and fish, is prohibited unless: the pens, stalls or other
enclosure facilities, other than fenced open pastures that are qreater than one (1) acre,
for keeping the same shall be so located that pets cannot come within one hundred
(100) feet of any dwelling or business building, owned, used or maintained by any
person other than the keeper or five hundred (500) feet of any food service
establishment or food processing establishment, regardless of ownership or occupancy
of such establishments.
the pens, stalls or other enclosure facilities, pther than fenced open
pastures that are qreater than one acres, for keeping the same shall be so
located that the pets cannot come within one hundred (100) feet of any
existing dwelling or business building owned, used or maintained by any
person other than the keeper,
R01301A4.wpd
6
(2)
the pens, stalls or other facilities, other than fenced open pastures that
are clreater than one acres, for keeping the pets shall be located so tho
pets cannot come within or-five hundred (500) feet of any existing food
service establishment or food processing establishment, regardless of
ownership or occupancy of such establishment.
the fenced open pasture, which is qreater than one acre, has a means of
preventinq the pets from cominq within 25 feet of any property line that
abuts an existinq residence.
(b) Buildinqs and structures used to keep animals within an I-2 Liqht Industrial or I-,3
Heavy Industrial District must meet the set back requirements in Section 20-5.04 of th~'~
Zoning Ordinance..~
SECTION 4. Section 6-35 of the Code of Ordinances is amended to read as follows:
Sec. 6-35. Maximum combined number of animals permitted.
(a) The keeping upon any premises in the city, in any zoning district other than I-2 Light
Industrial or I-3 Heavy Industrial District, of a combined total of more than fourteen (14)
animals is hereby forbidden unless: the pen, stall or other enclosure facility used for the
keeping of the same shall confine the same as not to permit the same to come within or
five hundred (500) feet of any food service establishment or food processing
establishment, regardless of ownership or occupancy of such establishments.
the pens, stalls or other enclosure facilities, other than fenced open
pastures that are greater than one acres, for keeping the same shall be so
located that the same shall confine the same as not to permit the same to
come within five hundred (500) feet of the exterior limits of any existing
building used for human habitation or used for the business of any person
other than the keeper (unless the keeper is within one or more of the
exceptions set forth in section 6-36),
the pens, stalls or other enclosure facilities, other than fenced open
pastures that are qreater than one acres, for keeping the animals shall b~,
so located that the pens, stalls, or other enclosure facilities shall confinn
the animals as not to permit the animals to come within five hundred (500)
feet of any existing food service establishment or food processing
establishment, regardless of ownership or occupancy of such
establishment.
R01301A4.wpd
7
the fenced open pasture1 which is qreater than one acre, has a means of
preventinq the pets from cominq within 25 feet of any property line that
abuts an existin.q residence.
(b) Buildinqs and structures used to keep animals within an I-2 Liqht Industrial or I-3
Heavy Industrial District must meet the set back requirements in Section 20-5.04 of th~
Zoning_Ordinance.
SECTION 5. Section 6-36(c) of the Code of Ordinances is amended to read as follows:
Sec. 6-36. Exceptions to distance and number requirement regulations.
(c) Lawfully existing premises and premises in newly annexed area. Where any animal
is being kept at lawfully existing premises within the city ,,,,,,,~,,,o,~,y ~,,,,, ,,~ ,,,=
.,, ,,,,o o~,.t,.,,, ~,, "---~ ~" "~" or at a location outside the city limits and by
annexation, the area becomes a pa~ of and within the boundaries of the incorporated
area of the ci~, the distance and number requirements shall not apply for a period of
five (5) years from and after the passage of this amended section or the date of
annexation, respectively. E~ensions of this exemption may be obtained for successive
~five (5) year periods by applying for and obtaining a ce~ificate from the city
health officer ce~i~ing to the existence of sanita~ conditions of the premises and
neighboring premises ~ ....... h .... mptJ~n "-d-r th:s ....... :-- -ha~= not ~n
-~ap~ct~v~ly
SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 7. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in Section 1-6 of the City Code of
Ordinances.
SECTION 8. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
R01301A4wpd
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, REGARDING
REQUIRED SEPARATION BETWEEN FOOD ESTABLISHMENTS AND
KENNELS AND OTHER BUSINESSES USED TO HOUSE ANIMALS;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 19-15 of the Code of Ordinances is amended to read as follows:
Sec. 19-15. Animals and fowl prohibited; exception.
(a) No live animal or fowl shall be allowed in any food establishment nor shall the
operator of such establishment keep or maintain any animal or fowl within thirty-five (35)
feet of any door, window, ventilator or other opening in such establishment.
(b) No food establishment may be operated within 500 feet of an existinq commercial
animal establishment, animal hospital, or veterinary hospital that houses animals.
(c) This section shall not apply to any Seeing--Eye dog used to assist a blind person.
(d) Subsection (b) of this section does not apply to circus, rodeo, temporary pettinq zoo,
or temporary performinq animal exhibition or a vendor.
(e} Lawfully existinq food establishments and food establishments in newly annexed
area. Where any existinq food establishment is situated within less than 500 feet of an
existing, appropriately licenced or permitted commercial animal establishment, animnl
hospital, or veterinary hospital that houses animals either within the city or at a location
outside the city limits, which location becomes a part of and within the boundaries of thn
incorporated area of the city by annexation, the distance limitation in subsection (b) of
this section does not apply for a period of five (5) years from and after the passa.qe of
this amended section or the date of annexation, respectively. Extensions of this
exemption may be obtained for successive five (5) year periods by applyinq for and
obtaininq a certificate from the city health officer certifying to the existence of sanitary
conditions of the premises and nei.qhborinq premises
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 3. A violation of this ordinance or requirements implemented hereunder shall
constitute an offense, punishable as provided in {Section 1-6}{SPEC/FY} of the City
Code of Ordinances.
R01301C3 wpd
SECTION 4. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
2
R01301C3 wpd
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
August 8, 2001
AGENDA ITEM:
A. Public Hearing to determine the feasibility of selling certain park lands.
B. A resolution authorizing the City Manager or his designee to execute all necessary
documents to sell or otherwise dispose of City park lands.
CITY STAFF PRESENTER(S):
Name
1. Marco A. Cisneros
OUTSIDE PRESENTER(S):
Name
1. NA
Title
Director
Title/Position
Dept/Division
Park and Recreation
Organization
ISSUE:
The City has property that has no possible use for park development and needs
to divest itself of that property in the prescribed manner. A public hearing
regarding this process is part of that prescribed manner. A resolution is also
required to authorize the City Manager or his designee to execute all necessary
documents to sell or otherwise dispose of City park lands.
BACKGROUND:
The City held a public referendum on November 7, 2000 asking the public for
permission for the City to divest itself of these properties. That referendum
passed. Any monies that can be derived from the sale of these properties must
be put back into the Unrestricted Park Trust Account for future use in either park
improvements or the acquisition of parkland.
REQUIRED COUNCIL ACTION:
The City Council must hold this public hearing in order to comply with the
regulations dealing with disposal of parkland in Texas, The City Council must
also authorize the City Manager or his designee to execute all necessary
documents to sell or otherwise dispose of City park lands.
Marco A. Cisneros, Director
Park and Recreation Department
Additional Background X
Exhibits X
Resolution X
A RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE
ALL NECESSARY DOCUMENTS TO SELL OR OTHERWISE DISPOSE OF
CITY PARK LANDS.
WHEREAS, the City acquired and holds public park lands of such size and character as to
make any use or development of the park lands impractical; and,
WHEREAS, the City desires to sell or otherwise dispose of such park lands; and,
WHEREAS, the City addressed the issue in a voter referendum which was placed on the No-
vember, 2000, general election ballot and approved by the voters; and,
WHEREAS, prior to the use or taking of park land for non-park purposes, Chapter 26 of the
Texas Parks and Wildlife Code, requires the City Council to hold a public heating to determine that
there is no feasible and prudent alternative to the use or taking of these park lands; and,
WHEREAS, reasonable measures will be taken to minimize harm to the park lands due to the
proposed use and takings; and,
WHEREAS, the required notices have been published in the Corpus Christi Caller-Times
on July 30, 2001, August 6, 2001, and August 13, 2001, and a public hearing was held on Au-
gust 21, 2001, on the proposed use of the designated City park lands, as required by Chapter 26 of
the Texas Parks and Wildlife Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council of the City of Corpus Christi, upon holding a public hear-
ing and carefully considering any and all clearly enunciated local preferences, finds that the fol-
lowing tracts of real property, which xvere previously designated as park lands, have no feasible
and prudent alternative uses as park land:
1. Amadia Village Park - 1.441 acres
2. Meldo Park - .964 acres
3. Tuloso Park - 1.217 acres
4. Martin Luther King Dr. - .216 acres
5. Southbay Park - .23 acres
6. Highland Ave. Park - .005 acres
7. Parkview Park -. 118 acres
8. Ayers Street Park - .7 acres
SECTION 2. The City Council of the City of Corpus Christi also finds that the proposed
use or taking has included all reasonable planning efforts to minimize harm to the land that may
result from the use or taking.
SECTION 3. The park lands listed in Section 1, as contained herein, shall be sold or
otherwise disposed of within the next sixty (60) days.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
APPROVED AS TO LEGAL FORM this the
JAME~Y, JR., CITY ~f~OT~Y
· Elizal~e~. Hundley, Assi~t~ Cit~' A~tome~/
Samuel L. Neal, Jr., Mayor
/~7~---'day of ~
,2001.
Parkland Properties Information
Parkland Property Address Size
Process
1. Martin Luther King Dr. Park
2. Meldo Park
3. Tuloso Park
4. Arcadia Village Park
5. Ayers Street Park
6. Highland Ave. Park
7. Parkview Park
8. Southbay Park
2600 Martin Luther King Dr..216 Ac. Open Bid
400 Brawner Parkway
8209 Timberline Drive
1102 Florida Ave.
3700-4000 Ayers St.
3000 Highland Ave.
3600 Parkview Dr.
1001 Harbor Lights Dr.
.964 Ac. Open Bid
1.217 Ac. Open Bid
1.441 Ac. Negotiate
.7 Ac. Negotiate
.005 Ac. Negotiate
.118 Ac. Negotiate
.23 Ac. Negotiate
Note: Properties denoted as an "Open Bid" process will be available for sale to ali.
Those properties that are denoted as a "Negotiate" process will be negotiated for sale to
the adjacent property owner due to the size, configuration and location of the property.
The "Negotiate" properties are simply not suitable for individual development and will
only serve a purpose to the adjacent property owner.
Interstate Highway No. 37
MARTIN LUTHER KING
PROPERTY MAINTAINED BY CITY Ci~ Of
? ,0 ,?o r,,, Coq?us
Christi
Map by: Department of Planning, July 14, 2000 - CV ~
MLKTriangle.jpg
MELDO PARK
S
Map by. Departrna3t of Planning, August 3, 2001 - IVIN
Meldol.jpg
Property Maintained
by the City
Tuloso Midway School
TULOSO PARK
8209 Timberline Drive
N
PROPERTY MAINTAINED BY CITY
0 100 200 Feet
Map by: Department of ~lanning, July 17, 2000 - CV
Toioso.jpg
ARCADIA'
N
PROPERTY MAINTAINED BY CITY
0 100 200 Feet
, i
Map by: Department of Planning, July 18, 2000 - CV
Ciw of
-.. __ Coi'~us
---. -- Christi
Arcadiastaples.]pg
AYERS STREET ROW
N
PROPERTY MAINTAINED BY CITY C'i~ of
o, ~oo ~o .., Corpus
Map by: Department of Planning, July 14, 2000 - CV ~ Christi
AyersROW.jpg
Property Maintained
by the City
Buford Street
HIGHLAND TRIANGL
N
PROPERTY MAINTAINED BY CITY C~i[~' Of
~ Christi
Map by: Department of Planning, July 14, 2000 - CV
HighlandTri.jpg
Property Maintained
by the City
PARKVlEW
N
PROPERTY MAINTAINED BY CITY
0 100 200 Feet
,
Map by: Department of Planning, July 17, 2000 - CV
City of
Co?pus
----- ~--' Christi
Parkview2.jpg
OSO BAY
Property Maintained
by the City
SOUTH BAY
N
PROPERTY MAINTAINED BY CITY
0 100 200 Feet
Map by: Department of Planning, July 14, 2000 - CV
Citv of
Coitus
~ ~ Christi
S.Bay
28
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (city Council Action Date: August 21, 2001)
Case No. 0701-03, Alfonso G. Benavides: A change of zuning from an "R-lB" One-family Dwelling
District to a "B-I" Neighborhood Business District on Rolling Acres No. 1, being the northwesterly 107 feet of
Tract 16, located on the south side of Leopard Street, approximately 220 feet east of Roundtree Circle.
Planning Commission's Recommendation (07/18/01): Approved.
Staff's Recommendation: Denied.
Requested Council Action: Approval of the "B-i" Neighborhood Business District and adoption of the
attached ordinance.
Purpose of Request: For a specialty bakery.
Summary: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to a
"B-I" Neighborhood Business District in order to open and operate a cake specialty bakery within the existing
residence. The applicant also plans to provide a few seating places for walk-in customers.
The subject property is located in an area that is zoned for and predominantly developed with single-family
residences. Access to the subject property is from Leopard Street, an arterial, with no direct access to a local
residential street. There is a median in front of the subject property with median openings approximately 220 feet to
the west and 650 feet to the east. With no median opening, traffic access from Leopard Street is limited.
A "B-I" Dislrict would not be appropriate in the middle of a residential area, especially with the permitted uses of
restaurants and 24-hour convenience stores. A "B-I" Dis~ct with this type of access would be more appropriate if
the area were not developed with single-family residences. Adjacent to the east of the subject property, there is a
vacant lot. If "B-I" District were approved, it would set a precedent for rezoning of adjacent vacant lots. A Special
Permit could be considered but the consequences would be the same as previously stated. Therefore, Staff cannot
recommend the "B-i" District nor a Special Permit for a bakery shop.
Applicant's Position: The applicant concurs ~vith Planning Commission's recommendation.
Notification: Prior to the date of this memorandum, fourteen (14) notices were mailed to the property owners
within a 200-foot radius, of which three (3) were returned in favor and one (1) in opposition. One (1) notice in
opposition was also received from outside the notification area. The 20% rule is not in effect.
urming, AICP
Director of planning
MG/MS/er
Attachments:
1) Zoning Report Pages 2-8
2) Comments Received Page 9
3) plaunmg Commission Minutes Pages 10-I 1
4) Ordinance Pages 1243
lt:~PLN-DIR\ERMA\WORDLNGEN DM EM\0701-03AGEN DAM EMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0701-03
July l8,2001
56-12 (LllC)
Alfonso G. Benavides
Rolling Acres No. 1, being the northwesterly 107 feet of Tract 16, located on the south side of
Leopard street, approximately 220 feet east of Roundtree Circle.
0.702 acre (30,599 square feet)
Same as above.
"R-lB" One-family Dwelling District
"B-1" Neighborhood Business District
Single-family residence.
Specialty bakery - cakes.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent Zoning:
Not applicable.
Surrounding area - "R-lB" One-family Dwelling District
Adiacent Land Use:
North - (across Leopard Street) Single-family residences.
South, West - Single-family residences.
East - Undeveloped land.
Zoning Report
Case No. 0701-03 (Alfonso G. Benavides)
Page 2
Number of Residential Units Allowed:
"R-lB" - 5 units (7.26 dwelling units per acre)
"B-I" - 25 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Specialty retail - 21.30 average weekday vehicle trip ends per 1,000 square feet of gross floor a~a
x 1,650 square feet of gross floor area = 35 average weekday vehicle trip ends.
Adiaeent Streets/Classification:
a) Leopard Street - arterial
Right-of°Way Design
Current:
a) 120-foot right-of-way with 2, 37-foot wide pavement area with a 26-foot wide median.
Planned:
a) Same as above, except with curb, gutter and sidewalks along the sides.
1996 Traffic Count (24-hour~ weekday, non-directional):
a) 15,530 vehicles per day (at Turkey Creek crossing)
Zoning History of Property:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
The has been no rezoning activity in the area within the past five (5) years.
Zoning Inventory:
The subject property is pan of an area containing 1,436 acres, zoned an "R-lB" District and
predominantly developed with single-family residences. Northeast of the subject property, there are
144 acres of land zoned a "B-4" District and developed with retail and restaurant uses. Northwest
of the subject property, there are two (2) tracts of land zoned an "AB" District containing 2 acres and
developed with an office and a child care center.
Zoning Report
Case No. 0701-03 (Alfonso G. Benavides)
Page 3
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
fi.om an "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District
in order to open and operate a cake specialty bakery within the existing residence. The
applicant also plans to provide a few seating places for walk-in customers.
The subject property is located in an area that is zoned for and predominantly developed with
single-family residences. Access to the subject property is fi:om Leopard Street, an arterial,
with no direct access to a local residential street. There is a median in fi:ont of the subject
property with median openings approximately 220 feet to the west and 650 feet to the east.
With no median opening, traffic access from Leopard Street is limited.
A "B-I" District would not be appropriate in the middle of a residential area, especially with
the permitted uses of restaurants and 24-hour convenience stores. A "B-I" District with this
type of access would be more appropriate if the area were not developed with single-family
residences. Adjacent to the east of the subject property, there is a vacant lot. If "B-l"
District were approved, it would set a precedent for rezoning of adjacent vacant lots. A
Special Permit could be considered but the consequences would be the same as previously
stated. Therefore, Staff cannot recommend the "B-I" District nor a Special Permit for a
bakery shop.
Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the
Comprehensive Plan Elements can be supportive of the requested "B-l" District because of
the subject property's direct access to an arterial without traversing through a residential
neighborhood. The Northwest Area Development Plan's adopted future land use map
recommends the area to develop with low-density residential uses. The requested "B-l"
District is not consistent with the Plan's recommended land use.
Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per
acre or five (5) units on the subject property. A "B-I" District permits a density of 36.30
dwelling units per acre or 25 units on the subject property. The increase in density will not
adversely impact the adjacent street system, but it will impact the adjacent single-family uses.
Height/Bulk~Setbacks/Etc.: The "R-lB" District requires a fi:ont yard setback of 25 feet with
a side and rear yard setback of five (5) feet each. A "B-I" District requires a front yard
setback of twenty (20) feet and no side or rear yard setback unless adjacent to a residential
district where a setback often (10) feet each xvould be required. If the rezoning is approved,
the subject property would be required to maintain a setback often (10) feet fi'om its south,
east and west property lines. Both the "R-lB" and "B-I" Districts limit the building height
to 35 feet not to exceed three (3) stories.
Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed
one square foot. Approval ora Special Permit cannot allow an increase in sign area. The
,/
Zoning Report
Case No. 0701-03 (Alfonso G. Benavides)
Page 4
"B-I" District permits unlimited wall signs and one freestanding sign with an area of forty
(40) square feet and a height of twenty (20) feet.
Traffic: The subject property has direct access to an arterial, Leopard Street, that is carrying
over 15,000 vehicles per day. The amount of traffic generated by the proposed bakery will
have minimal impact on the street system.
Parking/Screening: A bakea3, use is treated the same as a restaurant which is to require one
off-street parking space for each 100 square feet of gross floor area. The existing structure
of 1,650 square feet would require seventeen (17) off-street parking spaces. If a Special
Permit is approved, the SP could reduce or increase the required number of parking spaces.
A standard screening fence with a height of not less than six (6) feet would be required when
a business or industrial use locates adjacent to a residential district. The subject property will
be required to contain a standard screening fence along it south, east and west property lines.
Costs to City: All of the infrastructure required to serve the subject property is in place and
no additional costs to the City are anticipated.
Platting: The subject property is a portion of a larger lot and will be required to replat before
any building permits will be issued.
Pros: (Ideas in support of the request.)
a) The subject property has direct access to an arterial without traversing residential area.
b) The area across Leopard Street is planned to develop with commercial uses.
Cons: (Ideas in support of maintaining the current zoning.)
The subject property is recommended by the North~vest Area Development Plan to develop
with low-density use and retain its "R-lB" District designation.
b) The subject property in the middle of a developed single-family area.
c) Approval of the rezoning would domino onto the vacant lot adjacent to the east.
Staff Recommendation:
Denial.
Attachments:
Zoning and Ownership Map
Ownership List
North~vest Area Location Map
H :\PLN-DIR\ERMA\WORD~ZON RPTS~0701-03 REPO RT.DOC
35
R.: B
SUBJEC
7
12
14
13
17
18
20-~
20
22
PR I NCESS DR t
ROLLING
26-~
26--A
- Property Owner in Favor
X Property Owner Opposed
See Comments on Page(s) g~
Jul 11. 2001 - HK
0 lO0
CASE Z0701-03
)0
~ Subject property
~] O~ners within 200 feet listed on attached ownership ilst
Applicant:
Alfonso G. Benavidez
147 WeHwood, 78410
1
Z0701-03 747000000150
MAIDEN GAREY G ET UX
9975 LEOPARD
CORPUS CHRISTI TX 78410
ROLLING ACRES LT 15 & .85 AC
OUT OF W/2 LT 16
OWNERSHIP LIST
CASE NO. 0701-03
2
Z0701-03 747000000160
L L HARRIS WHLSE GROCERY
P 0 BOX 4725
CORPUS CHRISTI TX 78469
ROLLING ACRES .85 AC OUT OF E/2
LT 16
3
Z0701-03 747000000170
AHRENS JOSEPH PATRICK
9981 ROUNDTREE
CORPUS CHRISTI TX 78410
ROLLING ACRES LT 17A
4
Z0701-03 747000000175
MCCAIN DAVID EUGENE ET UX
ROBERTA GAIL
9985 ROUNDTREE CIRCLE
CORPUS CHRISTI TX 78410
ROLLING ACRES LT 17B
5
Z0701-03 747000000180
DOWNING W R
702 W PRIlqCESS
CORPUS CHRISTI TX 78410
ROLLING ACRES LT 18 (EXC E .27
AC) .913 AC
6
Z0701-03 747000000195
TORRE JOSE H ETUX MARIA
M TORRE
718 PRINCESS
CORPUS CHRISTI TX 78410
ROLLING ACRES LT 19A
7
Z0701-03 747000000200
ISENSEE GRADY
746 PRINCESS
CORPUS CHRISTI TX 78410
ROLLING ACRES .97 AC OUT OF LT
20
8
Z0701-03 747000000205
JAMES HERMAN K ET UX
740 PRINCESS
CORPUS CHRISTI TX 78410
ROLLING ACRES LT 20B
9
Z0701-03 747000000210
GARL KEVIN AND
ETHEL ANN GARL
830 PRINCESS DR
CORPUS CHRISTI TX 78410
ROLLING ACRES 1.215 AC OUT OF
LT 21
10
Z0701-03 747000000215
ALLEN ESTHER T
838 PRINCESS
CORPUS CHRISTI TX 78410
ROLLING ACRES 1.266 ACS OUT OF
LT 21
11
Z0701-03 747100050020
ALLEN A A ET UX
9902 LEOPARD
CORPUS CHRISTI TX 78410
ROLLING ACRES 2 LTS I & 2 BK 5
LESS POP, TO ROW
12
Z0701-03 747100050030
BASALDUA FRANK ET UX IRMA
9906 LEOPARD
CORPUS CHRISTI TX 78410
ROLLING ACRES 2 LT 3 BK 5 LESS
POR TO ROW
13
Z0701-03 747100050040
DOLEZAL GEORGE
9918 LEOPARD
CORPUS CHRISTI TX 78410
ROLLING ACRES 2 LTS 4 & 5 BK 5
LESS POR TO ROW
14
Z0701-03
TEXAS DEPT. OF TRANSPORTATION
1701 S. PADRE ISLAND DR.
CORPUS CHRISTI, TEXAS 78416
SP
Z0701-03 747000000160
L L HARRIS WHLSE GROCERY
P O BOX 4725
CORPUS CHRISTI TX 78469
ROLLING ACRES .85 AC OUT OF
LT 16
Z0701-03
SUPERINTENDENT
TULOSO-MIDWAY I.S.D.
9760 LA BRANCH
CORPUS CHRISTI, TEXAS 78410
Z0701-03
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RECORD STAR
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ROBSTOWN, TEXAS 78380
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· - FAVOR
X - OPPOSED
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0701-03
Alfonso G. Benavides
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
II.
III.
Favor:
6)
11)
L. L. Harris, Jr., P. O. Box 4725
No written comment.
Jose H. Torre, 718 Princess
No written comment.
Essie Allen, 9902 Leopard St.
No written comment.
Opposition:
12) George J. Dolezal, 9918 Leopard St.
"There are only several homes remaining in the area. We would like it to stay as
is. Businesses like these are only going to trash the little neighborhood. We do
not want this potential business from a home to become a bakery business. We
have enough of them in the vicinity."
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition:
· Rome and Janet Mclntyre, 10001 Leopard St.
No written comment. ,~:;~ ~ .
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:kPLN-DIR~ERMA\WORD\COMMDATA\0701-03COMMENTS.DOC
Planning ComnUssion Minutes (Unapproved)
July 18, 2001
Alfonso G. Benavides: 0701-03
REQUEST: "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District on property
described as Rolling Acres No. 1, being the northwesterly 107 feet of Tract 16, located on the
south side of Leopard street, approximately 220 feet east of Roundtree Circle.
Mr. Saldafia presented a computerized slide illustration of the subject property is part of an area containing
1,436 acres, zoned an "R-lB" District and predominantly developed with single-family residences. Northeast of the
subject property, them are 144 acres of land zoned a "B4" District and developed with retail and restaurant uses.
Northwest of the subject property, there are two (2) tracts of land zoned an "AB" District containing 2 acres and
developed with an office and a child care center.
The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to a "B-I"
Neighborhood Business District in order to operate a cake specialty bakery. It is not the intent of the applicant to
sell donuts or other similar items for on-site or off-site consumption. The applicant would like to have a few seating
places should someone like to come in and indulge in a slice of cake with a beverage (non-alcoholic).
The subject property is located in an area that is zoned for and predominantly developed with single-family
residences. Access to the subject property is from Leopard Street, an arterial, w/th no direct access to a local
residential street. Leopard Street has currently undergone an improvement that included the construction of a
median. There is a median in front of the subject property with a median opemng apprommately 220 feet to the
west and 650 feet to the east. With no direct access from the Leopard Street westbound traffic, the traffic accessing
the subject property would be intended for the business instead of drive-by traffic.
A "B-I" District would not be appropriate in the middle of a residential area, especially with the permitted uses
of restaurants and 24-hour convenience stores. Staffis of the opimon that a "B-I' District with this type of access
would be appropriate if the area were not developed with single-family residences. Adjacent to the east of the
subject property, there is a vacant lot. If the requested zoning were approved, the "B-I" District would domino onto
the vacant lot. A Special perrmt could be considered but the consequences would be the same as previously stated.
Therefore, Staff cannot recommend the "B-I" District nor a Special Permit for a bakery shop. Mr. Saldafia
explained that if the planning commXssion is inclined to recommend a Special Permit, the conditions could include
limiting the use to a specialty bakery, no sale of food other than the baked goods made on-site, limit the hours of
operation, require that the structure maintain it residential character, prohibit off-street parking in the front twenty
(20) feet, limit the number of access points to one, prohibit the location of the dumpster from being placed in front
of the existing building and within fifty (50) feet of any lot line.
Overall, the Comprehensive Plan Elements can be supportive of the requested "B-I" District because of the
subject property's direct access to an arterial without traversing through a residential neighborhood. The Northwest
Area Development Plan's adopted future land use map recommends the area to develop with low-density residential
uses. The requested "B-I" District is not consistent with the Plan's recommended land use. Therefore, Staff's
recommendation is for den/al of the rezoning request. There were 14 notices mailed to property owners within a
200-foot radius of which three (3) were received in favor and one (1) was received in opposition. There was also a
letter from outside the 200-foot radius in opposition to the rezoning request.
Public hearing was opened.
Alfonso Benavides, 147 Redwood, dis~ibuted photos of the subject property and adjacent properties, Mr.
Benavides said that he would be agreeable to a Special perrmt that would allow operation a bakery selling cakes. He
said he visited with neighbors within a 200-£oot radius to inform them of bis plans for a bakery and collected 32
signatures from residents in the area in favor of his proposal. He highlighted and responded to each section in the
zoning report. He said that be agreed ~vith almost every section except for signage and expressed concern with only
being allowed to have a I x 1 sign. Mr. Benavides said that a bakery would not be able to smvive on Leopard Street
with a 1 x 1 sign that bas to be on the building.
Planning Commiasion Minutes (Unapproved)
July 18, 2001
Case No. 0701-03 (Alfonso G. Benavides)
Page 2
Mr. Benavides said that he has purchased the property and that the home's exterior will not be alte~d. He
added that he preferred that the s~a'ucture remain consistent with the surrounding area.
Rosario Benavides, 9961 Leopard, reiterated Mr. Benavides statements and added that she wanted a business
that could be operated fi.om her home, so she could spend more time with the children.
Commissioner Cheek asked whether the Mr. Benavides searched for property in other areas that were al~
conmaercially zoned that would allow him to open a bakery. Mr. Beuavides responded that the other prppe~es he
found were too expensive. He said that he purchased the subject property for his residence and then decided to
operate the bakery f~om his home.
Commissioner Pusley said that he did not alice with a "B-I' District in the middle of a neighborhood. He
added that he knew several of 32 the people who signed Mr. Benavides' petition and that many of them did not live
in the area.
Mr. G, mning said that there would be a domino effect if the subject property were rezoned to a "B-I" District.
It is critical when property in the middle of a residential neighborhood is rezoned for commercial uses. Mr. Gunning
informed the Commission that if the subject property received a Special Permit, the property would only he allowed
to have a 1 x 1 sign. He added that there are other issues that would be associated with the home being used as a
bakery. These issues would need to be discussed with the Building Division.
Public hearing was closed.
Commission expressed concern with the Northwest Area Development Plan illnslrating commercial on the
north side Leopard Street and residential on the south side. A lengthy discussion ensued regarding signage, la'affic on
Leopard Street, and requirements allowed with a Special Permit.
Motion by Mims, seconded by Zamora, to approve a "B-I" District. Motion passed with Pusley voting "Nay".
IT T
/I
APPLICANT'S REQUEST
AN ORDINANCE
PLANNING
COMMISSION'S
RECOMMENDATION
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
ALFONSO G. BENAVIDES, BY CHANGING THE ZONING MAP IN
REFERENCE TO THE NORTHWESTERLY 107 FEET OF TRACT 16,
ROLLING ACRES NO. 1, FROM "R-'lB" ONE-FAMILY DWELLING
DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Alfonso G Benavides, for amendment
to the zoning ordinance and zoning map of the City of Corpus Chdsti;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
July 18, 2001, dudng a meeting of the Planning Commission, and on Tuesday,
August 21, 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 the northwesterly 107 feet of Tract 16, Rolling
Acres No. 1, located on the south side of Leopard Street, approximately 220 feet east of
Roundtree Circle, from "R-1 B" One-Family Dwelling District To "B-I" Neighborhood
Business District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 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.
\\LEGAL\LAW~LEG-
DIR\DOYLEDCU RTIS\MYDOCS~001\P&ZORD0 I~ZONING.ORD\DOYLEC~001~070103A.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 Chdsfl.
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 21st day of August, 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 August 10, 2001
James R. Bray, Jr.
Doyle ~.~;urtis
Seniof'Y~ssistant City Attorney
\\LEGAL\LAV~LEG-
DIR\DOYLEDCURTIS\MYDOC S~00 I\P&ZORO0 I~.ONING.ORD\DOYLEC~2001~Z070103A.DOC
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: August 21, 2001)
Case No. 0701-02~ Kings Crossing Realtv~ Ltd.: A change of zoning from an "R-lB" One-family
Dwelling District, "B-I" Neighborhood Business District, and "B-4" General Business District to an "R-lC"
One-family Dwelling District on Flour Bluff and Encinal Farm and Garden Tracts, Section 10, being 15.54 acres
out of Lots 17 and 18, located along the south side of Yorktown Boulevard and east side of South Staples Street.
Planning Commission and Staff's Recommendation (07/18/01}: Approved.
Requested Council Action: Approval of the "R-IC" One-family Dwelling District and adoption of the
attached ordinance.
Purpose of Request: To development of single-family patio residences.
Summary: The applicant has requested a change of zoning from the "R-lB", "B-I", and "B-4" Districts to an
"R-lC" One-family Dwelling District in order to build single-family patio homes on a 15.54-acre tract. The "R-lC"
District allows a minimum lot area of 4,500 square feet and a minimum lot width of 45 feet. The subject property is
located along the north side of an arterial, Yorktown Boulevard, and east of South Staples Street, an arterial. To the
south is one (1) acre of "B-I" zoned property that is planned for a convenience store. Further to the south is
undeveloped "R-lB" property along with "R-lB" property developed as single-family residential in the Kings
Crossing Subdivision. The proposed single-family patio homes are consistent with the Kings Crossing Subdivision
development plans and preliminary plat. The "R-lC" District would allow a maximum build out of 150 single-
family patio homes, while the existing "B4" area of the property would allow a maximum build out of 435 units.
The "R-lC" density and permitted uses are more compatible with the residential character of the area than the "B4"
or "B-I" Districts pemUtted densities and uses.
Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, six (6) notices were mailed to the property owners within a
200-foot radius, of which two (2) were returned in favor and none in opposition. The 20% rule is not in effect,
Michael N. Gunmng, ~ICP I
Director of Planning
MG/MS/Ipb
Attachments:
1) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinance
H:~P LN~DIR~ERM A\WORDL,X.G END M EM\0701-02AGENDAMEMO.DOC
Pages
Page
Pages
Pages
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
CITY COUNCIL
ZONING REPORT
0701-02
July 18, 2001
100-15 (G15D)
Kings Crossing Realty, Ltd.
Flour Bluffand Encinal farm and Garden Tracts, Section 10, being 15.54 acres out of Lots 17 and
18, located along the south side of Yorktown Boulevard and east side of South Staples Street.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
North
15.54 acres
Same as above.
"R- 1B" One-family Dwelling District, "B- 1"
Neighborhood Business District, and "B-4"
General Business District
"R- 1C" One-family Dwelling District
Undeveloped land.
For development of single-family patio
residences.
Not applicable.
- (across Yorktown Boulevard) "B-4" General Business District
South - "R-lB" One-family Dwelling District and "B-I" Neighborhood Business District
East - "R-lB" One-family Dwelling District
West - (adjacent and across South Staples Street) "B-4" General Business District
Zoning Report
Case No. 0701-02 (Kings Crossing Realty, Ltd.)
Page 2
Adjacent Land Use:
No~h - (across Yorktown Boulevard) Undeveloped land used for agricultural purpose.
South, East - Undeveloped land used for agricultural purpose.
West - (adjacent) Undeveloped land used for agricultural purpose.
West - (across South Staples Street) Church and undeveloped land used for agricultural purpose.
Number of Residential Units Allowed:
"R-lB" - 3 units (7.26 dwelling units per acre)
"R-lC" - 150 units (9.68 dwelling units per acre)
"B-I' - 9 units (36.30 dwelling units per acre)
"B-4" - 435 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Single-family dwelling (detached) - 10 average weekday vehicle trip ends per dwelling unit x 150
dwelling units = 1,500 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a)
b)
Yorktown Boulevard - arterial
South Staples - arterial
Right-of-Way Design
Current:
a)
b)
120-foot right-of-way with a 24-foot rural paved section.
100-foot right-of-way with a 64-foot back-to-back paved section.
Planned:
a)
b)
120-foot right-of-way with a 100-foot back-to-back paved section.
Same as current.
1996 Traffic Count (24-hour. weekday, non-direetional):
a)
b)
13,910 vehicles per day
14,230 vehicles per day
Zoning Report
Case No. 0701-02 (Kings Crossing Realty, Ltd.)
Page 3
Zoning History of Property:
In April 1998, .25 acre of the subject property was granted a change of zoning from "R-lB" to ~iBrl, ~
for a convenience store.
Recent Surrounding Zoning Cases:
In April 1998, 1.25 acres of land out of Lot 17 and south of the subject property was granted a
change of zoning for a convenience store.
Zoning Inventory:
The subject property is part of an "R-lB" District area that extends approximately 1 mile east to
Cimarron boulevard, and south to the Oso Creek. West of the subject property and across South
Staples Street and north across Yorktown Boulevard there are approximately 5 l0 acres of property
zoned a "B-4" DisU-ict. The areas north, south, and east are predominantly undeveloped with a few
neighborhoods in proximity. To the west across South Staples Street the land basically remains
undeveloped, with the exception of a church on 5 acres, a m-storage facility on 4 acres, and an
animal hospital on 1.5 acres, whereby all are zoned with a "B-4" District.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from the "R- 1B", "B- 1", and "B-4" Districts to an "R- I C" One- family Dwelling District in
order to build single-family patio homes on a 15.54-acre tract. The "R- 1C" District allows
a minimum lot area of 4,500 square feet and a minimum lot width of 45 feet. The subject
property is located along the north side of an arterial, Yorktown Boulevard, and east of South
Staples Street, an arterial. To the south is one (1) acre of "B-I" zoned property that is
planned for a convenience store. Further to the south is undeveloped "R-lB" property along
with "R-lB" property developed as single-family residential in the Kings Crossing
Subdivision. The proposed single-family patio homes are consistent with the Kings Crossing
Subdivision development plans and preliminary plat. The "R-lC" District would allow a
maximum build out of 150 single-family patio homes, while the existing "B-4" area of the
property would allow a maximum build out of 435 units. The "R-lC" density and permitted
uses are more compatible with the residential character of the area than the "B-4" or "B-I"
Districts permitted densities and uses. -~? :..~.
Conformity to the Comprehensive Plan and Land Use Compatibilit3': The requested "R-lC"
District although not specifically supported by the adopted Southside Area Development
Plan future land use map, the proposed residential development would have substantially less
impact in the area than if the land was developed commercially. The Southside Plan
recommends this area to develop commercially. Even though the Southside Plan supports
commercial uses along arterial roadways, residential development in this area is compatible
to similar development in proximity.
Zoning Report
Case No. 0701-02 (Kings Crossing Realty, Ltd.)
Page 4
Potential Housing Density: The existing "B-I" and "B4" District p~mfits a density of 36.30
units per acre or 9 units in the "B-I" and 435 units in the "B-4". The remaining area of the
subject property is an "R-lB" District with a permitted density of 7.26 units per acre or 3
units. The proposed "R-1C" District allows a density of 9.68 units per acre or 150 units.
Height/BulkfSetbacks/Etc.: The "B-1" and "B-4" Districts require a fi.om yard setback of
20 feet and no side or rear yard setbacks unless adjacent to residential zoning. Along that
residential zoning, a minimum side or rear yard setback of 10 feet is required. The "R-lB"
District requires a fi'ont yard setback of 25 feet with 5-foot side and rear yard setbacks. In
the proposed "R-lC" District the front yard setback is 20 feet and side and rear yard setbacks
5 feet. An "R-lB" or "B-I" District permits a height of 35 feet not to exceed 3 stories;
whereas a "B4" District has no height limitations. The proposed "R-lC" District pemaits
a height of 2 stories not to exceed 26 feet.
Signage: Signs in the "R-lB" and "R-lC" Districts are limited to one (1) wall sign with an
area not to exceed one (1) square foot. The "B-I" District permits unlimited wall signage
and one (1) freestanding sign per premise to not exceed a height of 20 feet or an area of 40
square feet. The "B4" District permits unlimited wall signs and fi.eestanding signs located
within the 20-foot fi'ont yard setback are limited to one (I) sign with an area not to exceed
40 square feet and height not to exceed 25 feet. Signs located behind the 20-foot fi:ont yard
setback are unlimited as to size, height, and number.
Traffic: The proposed "R-lC" District single-family patio homes would generate
approximately 1,500 vehicle trip ends. Under the current "B-4" District, 4,350 vehicle trip
ends would be generated. This traffic would primarily be directed to Yorktown Boulevard,
a 2-lane arterial that is planned as a 7-lane arterial. A secondary access is along South
Staples Street, a 7-lane arterial. Any increase in traffic would not adversely impact the
adjacent street system.
Parking/Screening: A dwelling unit is required to provide 1.5 off-street parking spaces for
each one-bedroom anit and two (2) off-street parking spaces for each unit containing two (2)
bedrooms or more. Compliance with the off-street parking regulations will be required for
residential development.
Costs to City: The adjacent arterial, South Staples Street, has been improved to its planned
width, and therefore, no additional costs to the City. The developer would be responsible for
building or putting in escrow for half of the construction cost for any interior streets. Other
infrastructure costs, i.e., water and sewer would be the developer's responsibility.
Improvements to Yorktown Boulevard would not occur until the City slates it within the
future street improvement project plan.
Platting: The subject property would be required to plat before a building permit would be
issued along with the dedication of right-of-way along Yorktown Boulevard.
Zoning Report
Case No. 0701-02 (Kings Crossing Realty, Ltd.)
Page 5
Pros: (Ideas in support of the request.)
a) The subject property has direct access to two arterials, South Staples Street and Yorktown
Boulevard.
b) Decrease in residential density fi.om 36.30 units per acre to 9.68 units per acre.
Cons: (Ideas in support of maintaining the current zoning.)
a) The proposed development will place residential uses adjacent to designated arterials.
Staff Recommendation: Approved.
Attachments: Zoning and Ownership Map
Ownership List
Southside Area Location Map
H:~P LN -DIR'~ERMA\WO RD'xZONRPTS\0701-02REPORT.DOC
B-I
E
FLOUR BLUFF & ENCINAL FARM & GARDEN TRACT
X
See Comments on Page(s)
- Property Owner in Favor
Property Owner Opposed
Jul 11, 2001 - t-K
Subject property
CASE Z0701-02
~I Owners within 200 feet listed on attach.d o~.erehip list
Applicant:
Kings Crossing Realty, Ltd.
I01 N. Shoreline, 0600, 78401
1
Z0701-02 247600060150
TUCKER JOHN T
6902 KING ARTHIJR
CORPUS CHRISTI TX 78413
FLOUR BLUFF & ENC FRM GDN
TRACT 8.547 ACS OUT OF LTS 23 &
24 SEC 6
NE 1.689 ACS OF S2/3 OF LOT24 SEC
6
OWNERSHIP LIST
CASE NO. 0701-02
2
Z0701-02 247600090010
WALLACE BEN B TRUSTEE
101 N SHORELINE STE 600
CORPUS CHRISTI TX 78401
FLOUR BLUFF & ENC FRIVl GDN
TRACT 94253 ACS OUT LT 1 SEC 9 &
LTS 17 THRU 21 & 29 THRU 32 SEC
10
Representative: Urban Engineering, Inc.
2725 Swantner, 78404
Z0701-02 247600100120
POLASEK AGNES ET AL
7426 S STAPLES
CORPUS CHRISTI TX 78413
FLOUR BLUFF & ENC FILM ODH
TRACT 62.977 ACS OUT OF LTS 14 15
& POR LTS 13 & 16 SEC 10 .... ~:~ '
4
Z0701-02 396000520010
SSP PARTNERS
P O BOX 9036
CORPUS CHRISTI TX 78469
KINGS CROSSING UNIT 13 LT 1 BLK
52
5
Z0701-02 845200010010
KESSLER ALBERT AND
PAD'LA KESSLER
4811 OCEAN DR
CORPUS CHRISTI TX 78412
STONY BROOK LT 1 BLK 1
Z0701-02
TEXAS DEPT. OF TRANSPORTATION
1701 S. PADRE ISLAND DR.
CORPUS CHRISTI, TX 78416
SP
Z0701-02 247600090010
WALLACE BEN B TRUSTEE
101 N SHORELINE STE 600
CORPUS CHRISTI TX 78401
FLOUR BLUFF & ENC FRM GDN
TRACT 94.253 ACS OUT LT 1 SEC 9 &
LTS 17 THRU 21 & 29 THRU 32 SEC
10
Z0701-02
LEROY SAN MIGUEL
MAINTENANCE DEPARTMENT
CORPUS CHRISTI I.S.D.
P. O. DRAWER 110
CORPUS CHRISTI, TEXAS 78403
Z0701-02
SYLVIA ESCOBEDO
BUCKINGHAM ESTATES
NEIGHBORHOOD ASSN.
6901 SIR GERAINT ST.
CORPUS CHRISTI, TEXAS 78413
Z0701-02
WILLIAM KRUMNOW
THE LAKES MASTER ASSN.
7502 VENICE DR.
CORPUS CHRISTI, TEXAS 78413
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ZONING CASE NO. Z0701-02
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ZONING CASE NO. Z0701-02
APPLICANT: KINGS CROSSING REALTY, LTD.
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COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0701-02
Kings Cross'rog Realty, Ltd.
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
4)
5)
Opposition:
SSP Panners, P. O. Box 9036
No written comment.
Albert Kessler, 4811 Ocean Dr.
No written comment.
None.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~LN-DIRkERMA\WORD\COM M DATA\0701-02COM M ENTS.DOC
Planning Commission Minutes (Unapproved)
July lg, 2001
Kings Crowing Realty, Ltd.: 0701-0~
Commi~sinner Amsler abstained from participation and left the room.
REQUEST:
"R-lB" One-family Dwelling District, "B-I' Neighborhood Business District, and "B-4" General
Business District to "R-lC" One-family Dwelling District on property described as Flour Bluff
and Encinal Farm and Garden Tracts, Section 10, being 15.54 acres out of Lots 17 and 18, located
along the south side of Yorktown Boulevard and east side of South Staples Street.
Mr. Soldafla presented a computerized slide illns~xation of the subject property and the surrounding ~
The subject property is part of an "R-IB" District area that extends approximately I mile east to Cimarron
Boulevard, and south to the Oso Creek. West of the subject property and across South Staples Street and north
across Yorktown Boulevard there are approximately 510 acres of proporty zoned a "B-4" District. The areas north,
south, and east are predominantly undeveloped with a few neighborhoods in proximity. TO the west across South
Staples Street the land basically remains undeveloped, with the exception of a church on 5 acres, a mlni-~torage
facility on 4 acres, and an animal hospital on 1.5 acres, whereby all are zoned with a "B-4" District.
The applicant has requested a change of zoning bom the "R-lB', "B-I", and "B-4" Districts to an "R-lC" One-
family Dwelling Dis~ct in order to build single-family patio homes in a district that allows a minimum lot area of
4,500 square feet and minimum lot width of 45 feet. The subject property is located along the north side of an
arterial, Yorktown Boulevard, and east of South Staples Street, an arterial. To the south is one (1) acre of"B-l'
zoned property that is planned for a convenience store. Further to the south is undeveloped "R-lB' property along
with "R-lB" property developed as single-family residential in the Kings Crossing Subdivision. The proposed
single-family patio homes will be part of the overall development plan of the Kings Crossing Subdivision. The
"R-lC' District would allow a maximum build out of 150 single-family patio homes, while the existing "B-4" area
of the property would allow a maximum build out of 435 units. The density of the "R-lC" District is more
compatible with residential properties of the area.
Mr. Saldatia said that the requested "R-lC" District although not specifically supported by the adopted
Southside Area Development Plan future land use map, the proposed residential development would have
substantially less impact in the area than if the land was developed commercially. The Southside Plan recommends
this area to develop commercially. Even though the Southside Plan supports commercial uses along arterial
roadways, residential development in this area is compatible to similar development in proximity. Therefore, Staff
recommends approval of the rezoning request.
Chairman Berlanga opened the public hearing. No one appeared in favor or opposition. Public hearing
was closed.
In response to Commissioner Sween-McGloin, Mr. Saldafla said that the property was being downzonad
and that there would be less traffic in the area due to the downzoning. The Southside Area Development Plan was
adopted in 1988; however, due to changes in the plans, Staff does not believe the area should have commercial on
all four comers of the intersection. Mr. Saldatla informed the Commission that city staff is currently working on
developing a city-wide area development plan as well as a street plan.
Motion by Mires, seconded by Sween-McGloin, to approve the rezoning request. Motion pess~d with
Amsler abstaining and Salazar being absent.
APPLICANT'S REQUEST
AN ORDINANCE
PLANNING COMMISSIOI~
AND STAFF'S
RECOMMENDATION
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
KING'S CROSSING REALTY, LTD., BY CHANGING THE ZONING MAP
IN REFERENCE TO 15.54 ACRES OUT OF LOTS 17 AND '18, SECTION'
'10, FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS,
FROM "R-'lB" ONE-FAMILY DWELLING. DISTRICT, "B-t"
NEIGHBORHOOD BUSINESS DISTRICT, AND "B-4" GENERAL
BUSINESS DISTRICT TO "R-lC" ONE-FAMILY DWELLING DISTRICT;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of King's Crossing Realty, Ltd., 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,
July 18, 2001, during a meeting of the Planning Commission, and on Tuesday,
August 21, 2001, dudng a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION '1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning of 15.54 acres out of Lots 17 and 18, Section 10,
Flour Bluff and Encinal Farm and Garden Tracts, located along the south side of
Yorktown Boulevard and east side of South Staples Street, from "R-1 B" One-family
Dwelling District, "B-l" Neighborhood Business District, and "B-4" General Business
Distdct to "R-lC" One-family Dwelling District. Metes and bounds description 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 Chdsti,
Texas, approved on the 27th day of August, 1973, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
\\LEGAL~.AW~LEG-
DIR\DOYLEDCURTIS~MYDOC S~2001\P&ZORD0 I~ZONING.ORD\DOYLEC~2001~Z070102A.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 ordi~nce
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 21st day of August, 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 August 8, 2001
James R. Bray, Jr.
Doyle I~..~urtis v
Senior Assistant City Attorney
\~LEGAL\LAV~ALEG-
DIR~DOYLEDCURTIS~IYDOCS~001 \P&ZORD0 I~ONiNG.ORD\DOYLEC~001~070102A.DOC
30
AGENDA MEMORANDUM
DATE: August 15, 2001
SUBJECT: Dog Restraints
AGENDA ITEM:
A. Motion to amend prior to Second Reading Ordinance regarding Tethering of Animals by
substituting a revised Ordinance.
B. Ordinance amending the City Code of Ordinances, City of Corpus Christi Chapter 6, Animal
Control, Sections 6-2 and 6-20, regarding the restraint of an animal by means of a tether; providing for
severance, providing for penalties in accordance with Section 6-1 of the City Code of Ordinances;
providing for an effective date of September 1, 2001; and providing for publication.
ISSUE: Animal Control staff receive a large number of complaints regarding dogs that are
tied up by a rope or chain on the owner's property. The dogs get tangled up while being
restrained and in many cases, cannot reach food, water, or shelter and sometimes choke to
death. This is cruel and inhumane treatment, which requires a lot of staff time to properly
investigate. The Animal Control Advisory Committee has met to discuss this issue and
unanimously supports changes to the ordinance. Where a property owner does not have a
substantial, secure fence to enclose the yard to restrain the animal, a tethering system would be
required. The tether will be a rope, chain, or the like, from which the animal is securely
fastened limiting its range of movement without being tangled up. The tether will allow the
dog convenient access to food, water and shelter adequate for protection from the elements.
REQUIRED COUNCIL ACTION: Approval of the ordinance changes.
RECOMMENDATION: Staff recommends, upon the unanimous approval of the Animal
Control Advisory Committee that the ordinance changes be approved to support more humane
treatment of dogs and promote public safety.
Nina M. Sisley, M.D., M.P.H.
Director of Public Health
AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 6, ANIMAL CONTROL, SECTIONS 6-2 AND 6-20,
REGARDING THE RESTRAINT OF AN ANIMAL BY MEANS OF A
TETHER; PROVIDING FOR SEVERANCE, PROVIDING FOR PENALTIES
IN ACCORDANCE WITH SECTION 6-1 OF THE CITY CODE OF
ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE OF SEPTEMBER
1, 2001; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 6 of the Code of Ordinances, Article I, Section 6-2, is amended to read as
follows:
Sec 6-2. Definitions.
Restraint: An), animal securely caged or secured by a leash or lead and under the effective
control of a responsible person and obedient to that person's commands, or within the confines of
its owner's home or yard which is fully enclosed by a good, secure and substantial fence, or tied-by
arc, pc ~r c~a~n that cc~n,~nc3 thc anginal tc, t,~,c c,-~;7~cr'3 prc~pcrv~y when the animal is properly tethered.
Horses must be kept in stalls, or in pastures or paddocks with acceptable fencing. In addition, a dog
shall be deemed under restraint in the following cimumstances:
(1) When the dog is entered in a bona fide dog show, field trial or exhibition held in the city, while
the dog is actually engaged in such show or exhibition.
(2) When the dog is accompanied by and in the presence of its owner, master or trainer, while the
dog is actually engaged in dog obedience training; provided, the person training such dog has in such
person's possession a leash of at least five (5) feet and not more than ten (10) feet in length and of
sufficient strength to control the dog.
(3) When the dog is used by a blind or deaf person to aid the person in going from place to place
within the city.
Riding school or stable: Any place which provides:
(1) Any horse~ pony, donkey, or mule for hire; and/or
(2) Boarding and/or grazing for any horse, pony, donkey or mule: and/or
(3) Riding instruction.
Sanitary: Any condition of good order and cleanliness, free from the elements of filth or bacteria,
that endanger health.
Tether: To restrain an animal by rope. chain, or the like. such that an animal is fastened to a fixed
object or other device so as to limit its range of movement.
SECTION 2. Section 6-30 of the City of Corpus Christi Code of Ordinances is amended by adding
new subsection (m) as follows:
Sec. 6-30. Animal care.
It shall be unlawful to violate the following provisions for animal care:
(a)
No owner shall fail to provide such owner's animals, w[tk, sufficient good and wholesome
food and water, and necessary shelter and protection from the weather, all within reach of
such owner's animals. No owner shall fail to provide such owller'$ animal with veterinary
care when needed to prevent suffering, and with humane care and treatment.
No person shall tether an animal in such a manner that allows the animal to become
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment ora court of
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and
effect for its purpose.
SECTION 4. This ordinance is effective September 1, 2001.
SECTION 5. Violations of this ordinance shall be subject to the penalties provided in Section 6-I
of the Code of Ordinances of the City of Corpus Christi.
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.
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
That the foregoing ordinance was read for the first time and passed to its second reading on this the
Day of ., 2001, by the following vote:
Rex A. Kknnison
John Longoria
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this the
of ,2001, by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
PASSED AND APPROVED this the
ATTEST:
Day of
Day
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
,2001.
Armando Chapa
City Secretary
LEGAL FORM APPROVED ~ I~ 2001
JAMES R. BRAY, JR.
CITY ATTORNEY
Lisa Aguilar O
Assistant City Attorney
Samuel L. Neal, Jr.
Mayor
AN ORDINANCE
AMENDING THE CITY CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI CHAPTER 6, ANIMAL CONTROL, ARTICLE I IN GENERAL,
SECTION 6-2 DEFINITIONS AND ARTICLE IV CARE AND KEEPING OF
ANIMALS BY ADDING NEW SECTION 6-39, REGARDING THE
RESTRAINT OF A DOG BY MEANS OF A TETHER; PROVIDING FOR
SEVERANCE; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 6 of the Code of Ordinances, Article I, Section 6-2 is amended to read as
follows:
Sec. 6-2. Definitions.
Restraint: Any animal securely caged or secured by a leash or lead and under the effective control
of a responsible person and obedient to that person's commands, or within the confines of its owner's
home or yard which is fully enclosed by a good, secure and substantial fence, c,r tied 5y a rope o,
-~-:- .L .....~. .... L- -_:____~ ,A .L .................. pt i
................................................ v,,,v,.,,:. Horses must be ke n stalls, or in pastures
or paddocks with acceptable fencing. In addition, a dog shall be deemed under restraint in the
following circumstances:
(1) When the dog is entered in a bona fide dog show, field trial or exhibition held in the city,
while the dog is actually engaged in such show or exhibition.
(2) When the dog is accompanied by and in the presence of its owner, master or trainer, while
the dog is actually engaged in dog obedience training; provided, the person training such dog has
in such person's possession a leash of at least five (5) feet and not more than ten (10) feet in
length and of sufficient strength to control the dog.
(3) When the dog is used by a blind or deaf person to aid the person in going from place to
place within the city.
L42 When the dog is properly restrained by a tether.
Riding school or stable: Any place which provides:
(1) Any horse, pony, donkey or mule for hire; and/or
(2) Boarding and/or grazing for any horse, pony, donkey or mule; and/or
(3) Riding instruction.
Sanitary: Any condition of good order and cleanliness, free from the elements of filth or bacteria,
that endanger health.
Tether: a rope. chain, or the like. by which an animal is fastened to a fixed ob_iect so as to limit
its range of movement.
SECTION 2. Chapter 6 of the Code of Ordinances, Article IV, is amended by adding new Section
6-39 to read as follows:
Sec. 6-39. R~n'ved~. Use of tethers,
No person may restrain a dog by a tether except as follows:
A dog may be restrained by a tether provided that it is at least ten (10) feet in length.
equipped with a swivel device at both ends. and attached to a pulley or trolley mounted on
a cable which is also at least ten (I0) feet in length and mounted no more than seven (7) feet
a v~.o.y_e~gr~nd level.
2(2,1 Any tethering system employed shall not allow the dog within five (5) feet of the property
owner's property_ line. unless the dog is tethered within the confines of a yard which is fully
enclosed by a good. secure, and substantial fence which prevents the dog from partially or
fully crossing the property line at any point.
3~. No tether shall weigh more than 1/8 of the dog's body ~veight.
Any tether must be attached to a properly fitting harness or collar, which shall not be
of a choke type.
Any tether shall be tangle-free and shall be located so as to prevent entanglement with
any other ob_iect.
(6~ Any tether shall allow the dog convenient access to food. water, and shelter adequate
to protect it from the elements.
(.~ This subsection shall not apply to tethering a dog in a motor vehicle.
SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of
Bmord01 011
3
competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance, for it is the definite intent of this City Council that every section,
paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for
its purpose.
SECTION 4. Sections I and 2 of this ordinance are effective upon final adoption by the City
Council.
SECTION 5. 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.
BmordOlOll
CITY COUNCIL
AGENDA MEMORANDUM
Date: August 21, 2001
AGENDA ITEM:
A. Ordinance establishing a Municipal Court Collection Fee pursuantto Article 103.0031 ofthe Texas Code
of Criminal Procedure in the amount of 30 percent on each debt or account receivable such as fines, fees,
restitution, and other debts or costs, other than forfeited bonds that is more than 60 days past due.
Motion authorizing the City Manager or his designee to execute a revision to Section 4.0 Compensation
of the existing agreement with Linebarger, Heard, Goggan, Blair, Graham, Pena and Sampson, LLP to
collect outstanding fines and fees on behalf of the City.
ISSUE: On April 0 , the C~ty Council approved a Motion to Execute an agreement withLinebarger, Heard,
Goggan, Blair, Graham, Pena and Sampson, LLP to collect outstanding Court fines and fees on behalf of the
Court. The cost to the City was based on recovery, only and the commission rate negotiated was 23%.
The Governor recently signed Senate Bill 1778 which authorizes a municipality or a county to contract with
a private attorney or collection agency and authorizes the addition of a collection fee in the amount of 30% on
each debt or account receivable that is more than 60 days past due and has been referred to the attorney or
collection vendor for collection.
If the Council approves this collection fee to be charged to the defendant, the burden for collection is paid by
the defendant and not the City. The collection fee is a pass through cost that will be collected by the City and
paid to the law firm as specified in our agreement.
Funding: There will be additional programming required to modify the Court's computer system to enable
the system to account for this new collection fee, in addition, the programming will improve the collection
interface already developed. Court Specialist, Inc., the Court vendor has provided a cost estimate of $8,000
for the required programming. Funding for this additionaI programming is available in Municipal Court
Administration Budget FY 01-02. The pass through collection fee will save the City the commission rate
expense and will contribute to an increase in revenue of $92,000 for FY 01-02.
REQUIRED COUNCIL ACTION: City Council must approve this ordinance and motion as proposed.
RECOMMENDATION: Staff recommends the approval of the ordinance and motion as submitted.
Director of Municipal Court
ADDITIONAL SUPPORT MATERIAL
Background Information
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
The Court, as other Municipal Courts throughout the State, historically has had difficulty getting
defendants to address their cases timely, and once assessed a fine, to pay the amount owed to the
City. However, the Court does not have the expertise or the resources to pursue older cases. We do
not have the expertise in "skip tracing" techniques which allow a vendor experienced in collection
to locate and pursue defendants that are adept at changing their identity and have made a deliberate
attempt to "get lost". Our objective is to enhance existing collection efforts and existing
enforcement actions. In April, with the Council's approval, the law firm of Linebarger, Heard,
Goggan, Blair, Graham, Pena and Sampson, LLP was selected to provide collection services on
behalf of the City.
Under the current agreement with the law firm, the City agrees to pay as compensation for collection
services 23% of all monies actually collected and paid to the City on delinquent cases/accounts
during the term of this contract. With Council approval, we can implement Senate Bill 1778 signed
by the Governor which allows a municipality or a county to create a collection fee which is then
added to the amount owed by the defendant. This collection fee then pays for the collection services
provided by the law firm.
The net result is that the defendant who has not addressed their cases or is delinquent on their
outstanding payment arrangement will be assessed a collection fee of 30% of the total fine owed.
This collection fee will be collected by the Court and paid to the law firm for their collection services
on behalf of the City. The City will save the 23% commission rate originally negotiated and as a
result will be able to retain 100% of the fine and Court costs collected. We estimate that by
eliminating the commission rate of 23%, the City will be able to retain an additional $92,000 in
revenue during FY 01-02.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 29, MUNICIPAL
COURTS, BY CREATING SECTION 29-51, MUNICIPAL COURT
COLLECTION FEE, TO CREATE NEW COLLECTION FEE FOR
DEFENDANTS WITH DELINQUENT MUNICIPAL COURT PAYMENT
ORDERS IN AMOUNT OF 30% OF EACH DELINQUENT PAYMENT
ORDER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI, TEXAS;
SECTION 1. That Section 29-51 of the City Code of Ordinances is hereby created as
follows:
Sec. 29-51. Municipal court collectiol~ fee.
There is created a municipal court collection fee pursuant to Article 103.0031 of the
Texas Code of Criminal Procedure. A municipal court defendant will pay a municipal court
collection fee in the amount of 30% on each debt or account receivable that is more than 60 days
past due and referred for collection to a private attorney or a public or private vendor. "Debt or
account receivable" means fines, fees. restitution, and other debts or costs, other than forfeited
bonds, ordered to be paid by the municipal court. A defendant is not liable for this fee ifa
municipal court judge determines that the defendant is indigent or has insufficient income or
otherwise is unable to pay all or part of the underlying fine or costs,
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, xvord
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be
given full force and effect for its purpose.
SECTION 3. Publication 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 4, This ordinance is effective upon publication.
LOA\ord3.393
32
MEMORANDUM
ITEM:
August 21, 2001
Resolution Approving the Resolution Authorizing the Issuance of Notes by the Corpus Christi
Business and Job Development Corporation and the Execution of a Sales Tax Remittance Agreement
and a Project Agreement with respect to the Arena Project.
ISSUE:
On August 6, 2001, the Corpus Christi Business and Job Development Corporation (Board) met and
discussed interim financing plans for Multi-Purpose Arena Facility. The Board is recommending
to City Council the interim financing plans at the City Council meeting on August 21,2001.
PRIOR ACTION:
· Created Corpus Christi Business and Job Development Corporation
REQUIRED ACTION: Approve Resolution approving the Resolution authorizing the Issuance of
Notes by the Corpus Clwisti Business and Job Development Corporation and the Execution of a
Sales Tax Remittance Agreement and a Project Agreement with respect to the Multi-Purpose Arena
Facility.
RECOMMENDATION: The Corpus Christi Business and Job Development Corporation
recommends approval of the Resolution approving the Resolution authorizing the Issuance of Notes
by the Corpus Christi Business and Job Development Corporation and execution of a Sales Tax
Remittance Agreement and a Project Agreement with respect to the Multi-Purpose Arena Facility.
Director of Financial Services
BACKGROUND INFORMATION
The Corpus Christi Business and Job Development Corporation (Board) met on August 6, 2001 and
discussed financial strategies for Multi-Purpose Arena Facility and approved a motion authorizing
the interim financing plans (land acquisition) for Multi~Purpose Arena Facility. The Board met again
on August 21, 2001 to finalize the recommendation to the City Council for the financial strategies
for the Multi-Purpose Arena Facility.
The Board is recommending approval of the Resolution approving the Resolution authorizing the
Issuance of Notes by the Corpus Christi Business and Job Development Corporation and the
execution of the Project Agreement between the City of Corpus Christi, Texas and the Corpus
Christi Business and Job Development Corporation for the purpose of evidencing the duties and
responsibilities of the respective parties with respect to the construction and acquisition of the Multi-
Purpose Arena Facility and the Sales Tax Remittance Agreement between the City of Corpus
Christi, Texas and the Corpus Christi Business and Job Development Corporation for the purpose
of evidencing the duties and responsibilities of the respective parties with respect to the collection,
remittance and transfer of such sales and use tax revenues.
RESOLUTION APPROVING THE RESOLUTION
AUTHORIZING THE ISSUANCE OF NOTES BY THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
AND THE EXECUTION OF A SAI.ES TAX REMITTANCE AGR~F. MENT
AND A PROJECT AGREEMENT WITH RESPECT TO TI-IE ARENA PROJECT
WHEREAS, Corpus Christi Business and Job Development Corporation (the "Corporation")
was created under the auspices of the City of Corpus Christi (the "City"); and
WHEREAS, it is deemed necessary and advisable that this Resolution be adopted.
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI THAT:
Section 1. The resolution (the "Resolution") adopted by the Corporation, in substantially the
form and substance as attached to this Resolution and made a part hereof for all purposes, is hereby
approved, and sales tax revenue notes in the principal amount of $5,000,000 (the "Notes"), may be
issued for the purpose of providing all or a portion of the cost of the acquisition, construction,
equipping and improvement of certain public improvements specified in the Resolution (the
"Project") for use by the City, which Project is in compliance with the Development Corporation Act
of 1979, as amended; and said Resolution, Notes and Project are hereby approved.
Section 2. The "Sales Tax Remittance Agreement," in substantially the form and substance
as attached hereto and made a part hereof for all purposes, is hereby approved and the City Manager
and the City Secretary am hereby authorized to execute, attest, seal and deliver the Sales Tax
Remittance Agreement between the City and the Corporation.
Section 3. The "Project Agreement" between the City and the Corporation, in substantially
the form and substance as attached to this Resolution and made a part hereof for all purposes, is
hereby approved and the City Manager and the City Secretary are hereby authorized to execute,
attest, seal and deliver the Project Agreement.
RESOLUTION AUTHOR{7~NG THE ISSUANCE OF NOTES; AND
APPROVING AND AUTHORtZ~NG THE EXECUTION OF A SAI.~S TAX
REMrrTANCE AGRF. F~MENT AND A PROJECT AGRF. FMENT
THE STATE OF TEXAS
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION §
WI-~.REAS, at an election held on November 7, 2000 (the "Election"), a majority of the
citizens of the City of Corpus Christi (the "City") voting at said election authorized the City to levy
a sales and use tax on the receipts at retail of taxable items within the City at a rate of one-eighth of
one percent for the promotion and development of an multi-purpose municipal arena (the "Arena")
and for maintenance and operating costs of said Arena improvements for the life thereof at the rate
of one-eighth of one percent to be imposed for 25 years; and
WHEREAS, pursuant to the provisions of the Development Corporation Act of 1979, Ax'dcle
5190.6, V.A.T.C.S., as amended (the "Act"), particularly Section 4A thereof, the City created the
Corpus Christi Business and Job Development Corporation (the "Issuer"), a nonstock, nonprofit
industrial development corporation created to act on behalf of the City to satisfy the public purposes
set forth in the Act, specifically the purpose of promoting and encouraging employment and the
public welfare, and the undertaking of certain public improvements in accordance with the Act; and
WHEREAS, the Board of Directors of the Issuer finds it necessary and advisable to authorize
the issuance of the hereinafter described notes for the initial development costs, including land
acquisition, for the Arena, as further described in this Resolution.
THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS
CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION THAT:
Section 1. AMOUNT AND PURPOSE OF THE NOTES. The notes of the Issuer are hereby
authorized to be issued and delivered in the aggregate principal amount of $5,000,000, for the
purpose of paying the costs of land acquisition, and engineering and architectural costs, associated
with the construction of the Arena, all as described in the Project Agreement, for the specific purpose
of the promotion and encouragement of employment and the public welfare.
Section 2. DESIGNATION OF THE NOTES. Each bond issued pursuant to this Resolution
shall be designated: "CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION SP, I.ES TAX REVENUE NOTE, TAXABLE SERIES 2001 (ARENA
PROJECT)", and there shall be issued, sold, and delivered hereunder fully registered notes, without
interest coupons, dated September 1, 2001, in the denomination of $5,000 each or any integral
multiple thereof, numbered consecutively from R-1 upward, payable to the Purchaser, or to the
registered assignee or assignees of any of said notes (in each case, the "registered owner"), and said
notes shall mature and be payable serially on September 1, 2003. The term "Notes" as used in this
Resolution shall mean and include collectively the Notes initially issued and delivered pursuant to
this Resolution and all substitute Notes exchanged therefor, as well as all other substitute Notes and
replacement Notes issued pursuant hereto, and the term "Note" shall mean any of the Notes.
Section 3. INTEREST. The Notes shall bear interest from their date to their maturity or
redemption prior to maturity at the Formula Rate; provided, however, at no time shall the interest
rate calculated in accordance with the Formula Rate cause the interest rate borne by the Notes to
exceed the Maximum Rate. Said interest shall be payable in the manner provided and on the dates
stated in the FORM OF NOTE set forth in this Resolution.
Section 4. CHARACTERISTICS OF THE NOTES. (a) Registration and Transfer. The
Issuer shall keep or cause to be kept at the principal corporate trust office in Houston, Texas (the
"Designated Trust Office") of The Chase Manhattan Bank (the "Paying Agent/Registrar"), books or
records for the registration of the transfer and exchange of the Notes (the "Registration Books"), and
the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such
books or records and make such registrations of transfers and exchanges under such reasonable
regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar
shall make such registrations, transfers and exchanges as herein provided. The Paying
Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner
of ench Note to which payments with respect to the Notes shall be mailed, as herein provided; but
it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the
address to which payments shall be mailed, and such interest payments shall not be mailed unless
such notice has been given. To the extent possible and under reasonable circumstances, all transfers
of Notes shall be made within three business days after request and presentation thereof. The Issuer
shall have the right to inspect the Registration Books during regular business hours of the Paying
Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books
confidential and, unless otherwise required by law, shall not permit their inspection by any other
entity. Registration of each Note may be transferred in the Registration Books only upon
presentation and surrender of such Note to the Paying Agent/Registrar for exchange or transfer of
registration and cancellation, together with proper written instruments of assignment, in form and
with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment
of the Note, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees
thereof, and (ii) the right of such assignee or assignees to have the Note or any such portion thereof
registered in the name of such assignee or assignees. A form of assignment shall be printed or
endorsed on each Note which shall be executed by the registered owner or its duly authorized
attorney or representative to evidence an assignment thereof. Upon surrender of any Notes or any
gordon or portions thereof for exchange or transfer of registration, an authorized representative of
the Paying Agent/Registrar shall make such exchange or transfer in the Registration Books, and shall
make notation of such exchange or transfer in the Assignment section appearing on each Note to the
assignee. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges
for making such transfer and delivery but the one requesting exchange or such transfer shall pay any
taxes or other governmental charges required to be paid with respect thereto. The Paying
2
Agent/Registrar shall not be required to make exchange or transfers of registration of any Note or
any portion thereof (i) during the period commencing with the close of business on any Record Date
and ending with the opening of business on the next following principal or interest payment date,
or, (ii) with respect to any Note or any portion thereof called for redemption prior to maturity, within
45 days prior to its redemption date. As used herein, the term "Record Date" shall mean the 15th
day of the month preceding an interest payment date.
(b) Ownership of No[¢s- The entity in whose name any Note shall be registered in the
Registration Books at any time shall be deemed and treated as the absolute owner thereof for all
purposes of this Resolution, whether or not such Note shall be overdue, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account
of, the principal of, premium, if any, and interest on any such Note shall be made only to such
registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability
upon such Note to the extent of the sum or sums so paid.
(c) Pa_vment of Principal of Notes and Interest. The Issuer hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the Notes, and
to act as its agent to convert and exchange or replace Notes, all as provided in this Resolution. The
Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying
Agent/Registrar with respect to the Notes, and of all transfers and exchanges of Notes, and all
replacements of Notes, as provided in this Resolution. The Paying Agent/Registrar shall complete
the "Date of Delivery" on the Notes initially delivered to the Purchaser to evidence the date from
which interest on the Notes begins to accrue. The Paying Agent/Registrar shall provide the Issuer
with all calculations of the Formula Rate made throughout the period in which the Notes are
outstanding.
(d) Replacement of Notes: Authentication. Each Note issued and delivered pursuant to this
Resolution may be replaced as provided in this Section and Section 21 of this Resolution. If any
Note is replaced, the substitute Note issued in replacement for such Note thereof shall be in the
denomination of any integral multiple of $5,000 and have a principal maturity date corresponding
to the maturity date of the principal of the Note it is replacing; and each such Note shall bear interest
at the rate applicable to and borne by the Note it is replacing. The Paying Agent/Registrar shall
replace Notes as provided herein, and each fully registered note delivered in replacement of any Note
as permitted or required by any provision of this Resolution shall constitute one of the Notes for all
purposes of this Resolution, and may again be replaced. Each Note issued and delivered pursuant
to this Resolution is not required to be, and shall not be, authenticated by the Paying Agent/Registrar,
but on each Note issued in replacement of any Note or Notes issued under this Resolution, there shall
be printed a "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE" (the
"Authentication Certificate"), in substantially the form set forth in Section 5 of this Resolution. An
authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Note,
date and manually sign the Authentication Certificate, and no such Note shall be deemed to be issued
or outstanding unless the Authentication Certificate is so executed. The Paying Agent/Registrar
promptly shall cancel all Notes, if any, surrendered for replacement. No additional resolutions,
3
orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other
body or person so as to accomplish the foregoing replacement of any Note or portion thereof, and
the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
Notes in the manner prescribed herein. Pursuant to Chapter 1206, Texas Government Code, the duty
of replacement of Notes as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon
the execution of the Authentication Certificate, the substitute Note shall be valid, incontestable, and
enforceable in the same manner and with the same effect as the Note which originally was issued
pursuant to this Resolution, approved by the Attorney General, and registered by the Comptroller
of Public Accounts.
(e) In General. The Notes originally issued hereunder and all Notes issued in replacement
of any Note (i) shall be issued in fully registered form, without interest coupons, with the principal
of and interest on such Notes to be payable only to the registered owners thereof, (ii) may be
redeemed prior to their scheduled maturities, (iii) may be exchanged for other Notes (iv) may be
transferred and assigned, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii)
the principal of and interest on the Notes shall be payable, all as provided, and in the manner
required or indicated, in the FORM OF NOTE set forth in Section 5 of this Resolution.
(0 Pa_vment of Fees and Char~,es. The Issuer hereby covenants with the registered owners
of the Notes that it will pay the reasonable standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the principal of and interest on the
Notes, when due.
(g) Substitute Paving Agent/Registrar. The Issuer covenants with the registered owners of
the Notes that at all times while the Notes are outstanding the Issuer will provide a competent and
legally qualified bank, trust company, financial institution, or other agency to act as and perform the
services of Paying Agent/Registrar for the Notes under this Resolution, and that the Paying
Agent/Registrar will be one entity. At the time of its appointment, any successor Paying
Agent/Registrar shall have a capital stock and surplus aggregating not less than $25,000,000. The
Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less
than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days
prior to the next principal or interest payment date after such notice. In the event that the entity at
any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method)
should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a
competent and legally qualified bank, trust company, financial institution, or other agency to act as
Paying Agent/Registrar under this Resolution. Upon any change in the Paying Agent/Registrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a
copy thereof), along with all other pertinent books and records relating to the Notes, to the new
Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying
Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying
Agent/Registrar to each registered owner of the Notes, by United States mall, first class postage
prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting
the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed
4
to the provisions of this Resolution, and a certified copy of this Resolution shall be delivered to each
Paying Agent/Registrar.
(h) Book-Entry Only Sy~m. The Notes issued in exchange for the Notes initially issued
to the purchaser specified herein shall be initially issued in the form of a separate single fully
registered Note for each of the maturities thereof. Upon initial issuance, the ownership of each such
Note shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company
of New York ("DTC"), and except as provided in Section 30 hereof, all of the outstanding Notes
shall be registered in the name of Cede & Co., as nominee of DTC.
With respect to Notes registered in the name of Cede & Co., as nominee of DTC, the Issuer
and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers
and dealers, banks, trust companies, clearing corporations and certain other organizations on whose
behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and
settlement of securities transactions among DTC Participants or to any person on behalf of whom
such a DTC Participant holds an interest in the Notes. Without limiting the immediately preceding
sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with
respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect
to any ownership interest in the Notes, (ii) the delivery to any DTC Participant or any other person,
other than a registered owner of Notes, as shown on the Registration Books, of any notice with
respect to the Notes, or (iii) the payment to any DTC Participant or any other person, other than a
registered owner of Notes, as shown in the Registration Books of any amount with respect to
principal of or interest on the Notes. Notwithstanding any other provision of this Resolution to the
contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person
in whose name each Note is registered in the Registration Books as the absolute owner of such Note
for the purpose of payment of principal and interest with respect to such Note, for the purpose of
registering transfers with respect to such Note, and for all other purposes whatsoever. The Paying
Agent/Registrar shall pay all principal of and interest on the Notes only to or upon the order of the
registered owners, as shown in the Registration Books as provided in this Resolution, or their
respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and
interest on the Notes to the extent of the sum or sums so paid. No person other than a registered
owner, as shown in the Registration Books, shall receive a Note certificate evidencing the obligation
of the Issuer to make payments of principal and interest pursuant to this Resolution. Upon delivery
by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to
substitute a new nominee in place of Cede & Co., and subject to the provisions in this Resolution
with respect to interest checks being mailed to the registered owner at the close of business on the
Record date, the words "Cede & Co." in this Resolution shall refer to such new nominee of DTC.
(i) Successor Securities Depository: Transfers Outside Book-Entry Only System. In the
event that the Issuer determines that DTC is incapable of discharging its responsibilities described
herein and in the representation letter of the Issuer to DTC or that it is in the best interest of the
beneficial owners of the Notes that they be able to obtain certificated Notes, the Issuer shall (i)
appoint a successor securities depository, qualified to act as such under Section 17(a) of the
Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the
appointment of such successor securities depository and transfer one or more separate Notes to such
successor securities depository or (ii) notify DTC and DTC Participants of the availability through
DTC of Notes and transfer one or more separate Notes to DTC Participants having Notes credited
to their DTC accounts. In such event, the Notes shall no longer be restricted to being registered in
the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the
name of the successor securities depository, or its nominee, or in whatever name or names registered
owners transferring or exchanging Notes shall designate, in accordance with the provisions of this
Resolution.
(j) ~ Notwithstanding any other provision of this Resolution to the
contrary, so long as any Note is registered in the name of Cede & Co., as nominee of DTC, ail
payments with respect to principal of and interest on such Note and all notices with respect to such
Note shall be made and given, respectively, in the manner provided in the representation letter of the
Issuer to DTC.
Section 5. FORM OF NOTES. The form of all Notes issued pursuant to this Resolution,
including the form of Registration Certificate of the Comptroller of Public Accounts of the State of
Texas to appear on the Notes originally issued hereunder, the form of Paying AgenffRegistrar'$
Certificate to be printed on each Note, and the Form of Assignment to be printed on each Note, shall
be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions
as are permitted or required by this Resolution.
6
NO.
FORM OF NOTE
PRINC~
AMOUNT
$,
UNITED STATES OF AMERICA
STATE OF TEXAS
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
SAI.ES TAX REVENUE NOTE,
TAXABLE SERIES 2001 (ARENA PROJECT)
September 1, 2003
REGISTERED OWNER:
PRINCIPAL AMOUNT:
D~J.ARS
ON THE MATURITY DATE specified above, CORPUS CHRISTI BUSINESS AND JOB
DEVELOPMENT CORPORATION (the "Issuer"), being a nonstock, nonprofit industrial
development corporation organized and existing under the laws of the State of Texas, including
particularly the Development Corporation Act of 1979, Article 5190.6, V.A.T.C.S., as mended (the
"Act"), and acting on behalf of the City of Corpus Christi, Texas (the "City"), hereby promises to pay
to the registered owner set fonh above or to the assignee or assignees thereof (either being
hereinafter called the "registered owner") the principal amount set forth above, and to pay interest
thereon from the date of delivery specified above, to the maturity date specified above, or the date
of redemption prior to maturity, at the interest rate per annum specified above with interest being
payable on March 1, 2002 and semiannually on each September 1 and March 1 thereafter;, except that
if the date of authentication of this Note is later than the first Record Date (hereinafter defined), such
principal amount shall bear interest from the interest payment date next preceding the date of
authentication, unless such date of authentication is after any Record Date but on or before the next
following interest payment date, in which case such principal amount shall bear interest from such
next following interest payment date.
THE PRINCIPAL OF AND INTEREST ON this Note are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Note shall
be paid to the registered owner hereof upon presentation and surrender of this Note at maturity or
upon the date fixed for its redemption prior to maturity, at the corporate trust office in Houston,
Texas (the "Designated Trust Office") of The Chase Manhattan Bank, which is the "Paying
AgenffRegistrar" for this Note. The payment of interest on this Note shall be made by the Paying
Agent/Registrar to the registered owner hereof on the interest payment date by check or draft, dated
7
as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from,
funds of the Issuer required by the resolution authorizing the issuance of the Notes (the "Resolution")
to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such
check or draft shall be sent by the Paying Agent/Registrar by United States mall, first class postage
prepaid, on each such interest payment date, to the registered owner hereof, at the address of the
registered owner, as it appeared on the 15th day of the month next preceding such date (the "Record
Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. Any
accrued interest due upon the redemption of this Note prior to maturity as provided herein shall be
paid to the registered owner at the Designated Trust Office of the Paying Agent/Registrar upon
presentation and surrender of this Note for redemption and payment at the Designated Trust Office
of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Note that on
or before each principal payment date, interest payment date, and accrued interest payment date for
this Note, it will make available to the Paying Agent/Registrar, from the "Debt Service Fund" created
by the Resolution, the amounts required to provide for the payment, in immediately available funds,
of all principal of and interest on the Notes, when due. In addition, interest may be paid by such
other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense
of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and
for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will
be established by the Paying Agent/Registrar, if and when funds for the payment of such interest
have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment
date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at
least five business days prior to the special record date by the United States mail, first-class postage
prepaid, to the address of each owner of a Note appearing on the Registration Books at the close of
business on the last business day next preceding the date of mailing of such notice.
IF THE DATE for the payment of the principal of or interest on this Note shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated
Trust Office of the Paying Agent/Registrar is located are authorized by law or executive order to
close, then the date for such payment shall be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on
such date shall have the same force and effect as if made on the original date payment was due.
Notwithstanding the foregoing, during any period in which ownership of the notes of this Series is
determined only by a book entry at a securities depository therefor, any payment to the securities
depository, or its nominee or registered assigns, shall be made in accordance with existing
arrangements between the Issuer and the securities depository.
THIS NOTE is one of an issue of Notes initially dated as of September 1, 2001, authorized
in accordance with the Constitution and laws of the State of Texas, including particularly the Act,
in the original principal amount of $5,000,000 to pay the costs of land acquisition, and engineering
and architectural costs, associated with the construction of a multi-purpose municipal arena in the
City of Corpus Christi (the "Arena"), for the specific purpose of the promotion and encouragement
of employment and the public welfare.
ON DECEMBER 1, 2001, or any date thereafter, the Notes of this Series may be redeemed
prior to their scheduled maturity, at the option of the Issuer, with funds derived from any available
source, as a whole, or in part, and, if in part, the amounts thereof to be redeemed shall be selected
and designated by the Issuer, and the Issuer shall direct the Paying AgenffRegistrar to call by lot
Notes, or portions thereof within such maturities and in such principal amounts, for redemption
(provided that a portion of this Note may be redeemed only in an integral multiple of $5,000), at the
prepayment or redemption price of the principal amount thereof, plus accrued interest to the date
fixed for redemption; provided, that during any period in which ownership of the Notes is
determined only by a book entry at a securities depository for the Notes, if fewer than all of the Notes
of the same maturity and bearing the same interest rate are to be redeemed, the particular Notes of
such maturity and bearing such interest rate shall be selected in accordance with the arrangements
between the Issuer and the securities depository.
AT I.F. AST 15 days prior to the date fixed for redemption, written notice of such redemption
shall be given by the Paying Agent/Registrar by United States mail, first claas postage prepaid, to
the registered owner of each Note to be redeemed at its address as it appeared on the books of the
Paying Agent/Registrar on the forty-fifth day prior to the date fixed for redemption. The failure to
receive such notice in writing, or any defect therein, or in the sending or mailing thereof, shall not
affect the validity or effectiveness of the proceedings for the redemption of Notes. By the date fixed
for any such redemption, due provision shall be made with the Paying Agent/Registrar for the
payment of the required redemption price for the Notes which are to be so redeemed, plus accrued
interest thereon to the date fixed for redemption. If such notice of redemption is given and if due
provision for such payment is made, all as provided above, the Notes which are to be so redeemed
thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall
not bear interest after the date fixed for redemption, and they shall not be regarded as being
outstanding except for the fight of the registered owner to receive the redemption price plus accrued
interest from the Paying Agent/Registrar out of the funds provided for such payment.
Al I~ NOTES OF THIS SERIES are issuable solely as fully registered Notes, without interest
coupons, in the denomination of any integral multiple of $5,000. As provided in the Resolution, this
Note, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee
or assignees hereof, be assigned, transferred and exchanged for a like aggregate principal amount of
fully registered Notes, without interest coupons, payable to the appropriate registered owner,
assignee or assignees, as the case may be, having the same denomination or denominations in any
integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee or
assignees, as the case may be, upon surrender of this Note to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set forth in the Resolution. Among
other requirements for such assignment and transfer, this Note must be presented and surrendered
to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with
guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this
Note to the assignee or assignees in whose name or names this Note or any such portion or portions
hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this
Note shall be executed by the registered owner or its duly authorized attorney or representative to
9
evidence the assignment hereof. The Issuer shall pay the Paying Agent/Registrar's standard or
customary fees and charges for making such transfer, but the one requesting such transfer shall pay
any taxes or other governmental charges required to be paid with respect thereto. The Paying
Agen~Registrar shall not be required to make transfers of registration of this Note or any portion
hereof (i) during the period commencing with the close of business on any Record Date and ending
with the opening of business on the next following principal or interest payment date, or, (ii) with
respect to any Note or any portion thereof called for redemption prior to maturity, within 45 days
prior to its redemption date. The registered owner of this Note shall be deemed and treated by the
Issuer and the Paying Agent/Registrar as the absolute owner hereof for ail purposes, including
payment and discharge of liability upon this Note to the extent of such payment, and the Issuer and
the Paying Agent/Registrar shall not be affected by any notice to the contrary.
IN THE EVENT any Paying Agent/Registrar for the Notes is changed by the Issuer, resigns,
or otherwise ceases to act as such, the Issuer has covenanted in the Resolution that it promptly will
appoint a competent and legally qualified substitute therefor, and promptly will cause written notice
thereof to be mailed to the registered owners of the Notes.
BY BECOMING the registered owner of this Note, the registered owner thereby
acknowledges all of the terms and provisions of the Resolution, agrees to be bound by such terms
and provisions, acknowledges that the Resolution is duly recorded and available for inspection in
the official minutes and records of the governing body of the Issuer, and agrees that the terms and
provisions of this Note and the Resolution constitute a contract between each registered owner hereof
and the Issuer.
WHENEVER the beneficial ownership of this Note is determined by a book entry at a
securities depository for the Notes, the foregoing requirements of holding, delivering or transferring
this Note shall be modified to require the appropriate person or entity to meet the requirements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IT IS HERF. BY certified, recited, and covenanted that this Note has been duly and validly
authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be
performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Note
have been performed, existed, and been done in accordance with law; that this Note is a special
obligation of the Issuer; that neither the State of Texas, the City, nor any political corporation,
subdivision, or agency of the State of Texas, nor any member of the Board of Directors of the Issuer,
either individually or collectively, shall be obligated to pay the principal of or the interest on this
Note and neither the faith and credit nor the taxing power (except as described below) of the State
of Texas, the City, or any other political corporation, subdivision, or agency thereof is pledged to the
payment of the principal of or the interest on this Note; that the payment of the principal of and
interest on this Note is secured by and payable from a first lien on and pledge of certain funds created
under the Resolution and the revenues defined in the Resolution as the "Pledged Revenues", which
include the proceeds of a one-eighth of one percent sales and use tax levied for the benefit of the
Issuer by the City for the Arena project (the "Sales Tax") pursuant to Section 4A of the Act; and that
10
the registered owner hereof shall not have the fight to demand payment of the principal of or interest
on this Note from any tax proceeds other than the Sales Tax proceeds levied and collected for the
benefit of the Issuer by the City pursuant to Section 4A of the Act, or from any other source.
Rq WITNESS WHEREOF, the Issuer has caused this Note to be signed with the manual or
facsimile signature of the President of the Board of Directors of the Issuer and countersigned with
the manual or facsimile signature of the Secretary of the Board of Directors of the Issuer, and has
caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Note.
Secretal-y,
Board of Directors
(SEAL)
President,
Board of Directors
11
~ Y T~ T
FORM OF REGISTRATION CERTIFICAT~ OF
THE COMPTROI J.~R OF PUBLIC ACCOUNTS*:
COMPTROI.I.F.R'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Note has been examined, certified as to validity, and approved by
the Attorney General of the State of Texas, and that this Note has been registered by the Comptroller
of Public Accounts of the State of Texas.
Witness my signature and seal this
(COMPTROI J.F.R'S SEAL)
Comptroller of Public Accounts
of the State of Texas
* To be printed only on the Notes submitted to the Office of the Attorney General for approval.
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE:
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
(To be executed if this Note is not accompanied by an executed Registration Certificate of
the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Note has been issued under the provisions of the Resolution
described on the face of this Note; and that this Note has been issued in exchange for or replacement
of a note, notes, or a portion of a note or notes of an issue which originally was approved by the
Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the
State of Texas.
Dated:
By.
Authorized Representative
12
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this Note, or duly authorized
representative or attorney thereof, hereby assigns this Note to
/ /
(Assignee's Social Security
or Taxpayer Identification Number)
(print or type Assignee's name
and address, including zip code)
and hereby irrevocably constitutes and appoints
attomey to transfer the registration of this Note on the Paying AgenffRegistrar's Registration Books
with full power of substitution in the premises.
Dated
Signature Guaranteed:
NOTICE: This signature must be guaranteed by a member of the New York Stock Exchange
or a commemial bank or trust company.
Registered Owner
NOTICE: This signature must correspond with the name of the Registered Owner appearing
on the face of this Note in every particular without alteration or enlargement or any change
whatsoever.
Section 6. DEFINITIONS. As used in this Resolution, the following terms shall have the
meanings set forth below, unless the text hereof specifically indicates otherwise:
"Act" shall mean the Development Corporation Act of 1979, Article 5190.6, V.A.T.C.S., as
amended.
"Arena" shall have the meaning given said term in the preamble to this Resolution.
"Board" shall mean the Board of Directors of the Issuer.
"City" shall mean the City of Corpus Christi, Texas.
"Code" shall mean the Internal Revenue Code of 1986, as amended.
13
"Comptroller" shall mean the Comptroller of Public Accounts of the State of Texas, and any
successor official or officer thereto.
"Cost" shall mean with respect to the Project, the cost of acquisition, construction and
improvement of the Project as provided in the Act, including, without limitation, the cost of the
acquisition of all land, rights-of-way, property rights, easements, and interests, the cost of all
machinery and equipment, financing charges, interest during construction, necessary reserve funds,
cost of estimates and of engineering and legal services, plans, specifications, surveys, estimates of
cost and of revenue, other expenses necessary or incident to determining the feasibility and
practicability of acquiring, constructing, reconstructing, improving, and expanding any such Project,
administrative expense, and such other expense as may be necessary or incident to the acquisition,
construction, reconstruction, improvement, and expansion thereof, the placing of the same in
operation, and the financing of the Project.
"Defeasance Securities" means (i) direct, noncallable obligations of the United States of
America, including obligations that are unconditionally guaranteed by the United States of America,
(ii) noncallable obligations of an agency or instrumentality of the United States of America,
including obligations that are unconditionally guaranteed or insured by the agency or instrumentality
and that, on the date of the purchase thereof are rated as to investment quality by a nationally
recognized investment rating firm not less than AAA or its equivalent, and (iii) noncallable
obligations of a state or an agency or a county, municipality, or other political subdivision of a state
that have been refunded and that, on the date the Board adopts or approves the proceedings
authorizing the financial arrangements am rated as to investment quality by a nationally recognized
investment rating firm not less than AAA or its equivalent.
"Depository Bank" shall mean the official depository bank of the City.
"Election" shall have the same meaning ascribed to said term in the preamble to this
Resolution.
"Fiscal Year" shall mean the fiscal year of the Issuer, being the twelve month period ending
July 31 of each year.
"Formula Rate" shall mean the London Interbank Offering Rate ("11~OR") as it exists from
time to time during the time the Notes are outstanding, plus 300 basis points.
"Investment Act" shall mean the Public Funds Investment Act of 1987, Chapter 2256, Texas
Government Code, as amended.
"Issuer" shall mean Corpus Christi Business and Job Development Corporation.
"Maximum Rate" shall mean a "net effective interest rate" (as defined in and determined in
accordance with the provisions of Chapter 1204, Texas Government Code) of 15%.
14
"MSRB" means the Municipal Securities Rulemaking Board.
"NRMSIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to
time.
"Note" or "Notes" shall mean the Corpus Christi Business and Job Development Corporation
Sales Tax Revenue Notes, Taxable Series 2001 (Arena Project), in the aggregate principal amount
of $5,000,000, authorized to be issued by this Resolution.
"Paying Agent/Registrar" shall mean the financial institution so designated in accordance
with the provisions of Section 4 of this Resolution.
"Pledged Revenues" shall mean the Sales Tax, less any amounts due or owing to the
Comptroller as charges for collection or retention by the Comptroller for refunds and to redeem
dishonored checks and drafts, to the extent such charges and retentions are authorized or required
by law.
"Project" shall mean the costs for the improvement and enhancement of the Arena, as further
described in the Project Agreement, to-wit, the costs of land acquisition, and engineering and
architectural costs, for the specific purpose of the promotion and encouragement of employment and
the public welfare.
'~aroject Agreement" shall mean the Project Agreement between the Issuer and the City, dated
as of August 1, 2001.
Notes.
"Purchaser" shall mean J.P. Morgan/Chase Manhattan Bank, the initial purchaser of the
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"Sales Tax" shall mcan the one-eighth of one percent sales and use tax approved by the
citizens of the City for the Arena at the Election, and levied by the City within the boundaries of the
City as they now or hereafter exist, together with any increases in the aforesaid rate if provided and
authorized by the laws of the State of Texas, including specifically the Act, and collected for the
benefit of the Issuer and the Project, all in accordance with the Act, including particularly Section
4A thereof.
"SEC" means the United States Securities and Exchange Commission.
"SID" mcans any person designated by the State of Texas or an authorized department,
officer, or agency thereof as, and determined by the SEC or its staff to be, a state information
depository within the meaning of the Rule from time to time.
15
"Transfer Agreement" shall mean the Sales Tax Remittance Agreement dated as of August
1, 2001, between the City and the Issuer, as amended.
Section 7. pi .F. DGE. The Notes and any interest payable thereon, are and shall be secured
by and payable from a first lien on and pledge of the Pledged Revenues; and the Pledged Revenues
are further pledged to the establishment and maintenance of the Debt Service Fund as hereinafter
provided. The Notes are and will be secured by and payable only from the Pledged Revenues and
amounts on deposit in the Debt Service Fund, and are not secured by or payable from a mortgage or
deed of trust on any real, personal or mixed properties constituting the Project.
Section 8. REVENUE FLrND. There is hereby created and established on the books of the
Issuer, and accounted for separate and apart from all other funds of the Issuer, a special fund entitled
the "Corpus Christi Business and Job Development Corporation Sales Tax Revenue Fund (Arena
Project)" (hereinafter called the "Revenue Fund"). All Pledged Revenues shall be credited to the
Revenue Fund immediately upon receipt. Monies in said Fund shall be maintained at the Depository
Bank. For so long as the Notes remain outstanding, the Pledged Revenues deposited to the credit
of the Revenue Fund shall only be transferred to the Debt Service Fund to pay the debt service on
the Notes as the same becomes due and owing, whether on a scheduled interest or principal payment
date or on a redemption date, unless the prior written approval of a transfer for a purpose other than
paying debt service, consistent with the Election, is obtained from the Purchaser.
Section 9. DEBT SERVICE FUND. For the sole purpose of paying the principal of and
interest on the Notes, as the same come due, there is hereby created and established on the books of
the Issuer a separate fund entitled the "Corpus Christi Business and Job Development Corporation
Sales Tax Revenue Bonds Debt Service Fund (Arena Project)" (hereinafter called the "Debt Service
Fund"). Monies in said Fund shall be maintained at the Depository Bank.
Section 10. CONSTRUCTION FUND. (a) There is hereby created and established on the
books of the Issuer a separate fund entitled the "Corpus Christi Business and Job Development
Corporation Series 2001 Notes Construction Fund (Arena Project)" (hereinafter called the
"Construction Fund"). The Construction Fund shall be maintained at the Depository Bank and shall
be subject to and charged with a lien in favor of the registered owners of the Notes until said monies
on deposit therein are paid out as herein provided. The proceeds from the sale of the Notes, other
than any accrued interest and capitalized interest (which shall be deposited to the credit of the Debt
Service Fund), shall be credited to the Construction Fund together with such amounts required to
fund the cost of the Project after making required monthly deposits to the Debt Service Fund. All
interest and profits from investments made with moneys in the Construction Fund shall remain on
deposit in the Construction Fund and as pan thereof.
(b) Money in the Construction Fund shall be subject to disbursement by the Issuer for
payment of any Cost of the Project. Disbursements from the Construction Fund shall be made by
check signed by an officer of said depository bank on behalf of the Issuer. Such disbursements shall
be made only upon the submission of a request by the Issuer, approved by the City as provided in
16
subsection (c) of this Section, and stating that said purpose for which the disbursement is requested
constitutes a valid Cost of the Project.
(c) The provisions of subsection (b) of this Section notwithstanding, such officers and
employees of the Issuer shall not have authority to request the disbursement of monies from the
Construction Fund to pay any such Costs of the Project until the payment of such Costs has been
approved in writing by the chief financial officer of the City. Copies of invoices and statements with
respect to a disbursement shall be submitted to the chief financial officer of the City for review
thereby prior to the approval of said disbursement request.
Section 11. TRANSFER. (a) Pursuant to the provisions of the Transfer Agreement, the City
has agreed to do any and all things necessary to accomplish the transfer of the Sales Tax collected
for the benefit of the Issuer to the Revenue Fund on a monthly basis. The Transfer Agreement shall
govern matters with respect to the collection of sales taxes from the Comptroller, credits and refunds
due and owing to the Comptroller, and other matters with respect to the collection and transfer of
the Sales Tax. The City shall maintain the proceeds from the collection of the Sales Tax in a trust
account separate from all other funds of the City, with such trust account to be maintained at an
official depository bank of the City.
Co) The President and the Treasurer of the Board are hereby ordered to do any and all things
necessary to accomplish the transfer of monies to the Debt Service Fund in ample time to pay the
principal of and interest on the Notes.
Section 12. DEPOSITS OF pi.EDGED REVENUES; INVESTMENTS. (a) The Pledged
Revenues shall be transferred from the Revenue Fund and deposited to the credit of the Debt Service
Fund as hereinafter described, when and as required by this Resolution.
(b) Money in any Fund established by this Resolution may, at the option of the Board, be
invested in eligible investment securities as described in the Investment Act; provided that all such
deposits and investments shall have a par value (or market value when less than par) exclusive of
accrued interest at all times at least equal to the amount of money credited to such Funds, and shall
be made in such manner that the money required to be expended from any Fund will be available at
the proper time or times. Such investments shall be valued in terms of current market value as of
the last day of each year, except that direct obligations of the United States (State and Local
Government Series) in book-entry form shall be continuously valued at their par or face principal
amount. Such investments shall be sold promptly when necessary to prevent any default in
connection with the Notes.
Section 13. FUNDS SECURN. B. Money in all Funds created by this Resolution, to the
extent not invested, shall be secured in the manner prescribed by law for securing funds of the City.
Section 14. DEBT SERVICE REQUIREMENTS. (a) Promptly after the delivery of the
Bonds, the Issuer shall cause to be transferred to the Paying Agent/Registrar and deposited to the
17
credit of the Debt Service Fund any accrued interest and any capitalized interest received from the
sale and delivery of the Bonds, as described in Section 24 hereof, and any such deposit shall be used
to pay the interest next coming due on the Notes.
(b) The Issuer shall transfer or cause to be transferred Pledged Revenues on deposit in the
Revenue Fund, to the Paying Agent/Registrar for deposit to the credit of the Debt Service Fund the
amounts, at the times, as follows:
(1) Such amounts, deposited in approximately equal monthly installments on
or before the 25th day of each month hereafter, commencing with the month during
which the Notes are delivered, or the month thereafter if delivery is made after the
25th day thereof, as will be sufficient, together with other amounts, if any, then on
hand in the Debt Service Fund and available for such purpose, to pay the interest
scheduled to accrue and come due on the Notes on the next succeeding interest
payment date.
(2) Such amounts, deposited in approximately equal monthly installments on
or before the 25th day of each month hereafter, commencing with the month during
which the Notes are delivered, or the month thereafter if delivery is made after the
25th day thereof, as will be sufficient, together with other amounts, if any, then on
hand in the Debt Service Fund and available for such purpose, to pay the principal
scheduled to mature and come due on the Notes on the next succeeding principal
payment date.
Section 15. CONTINUING DISCLOSURE UNDERTAKING. (a) Annual Reports. (i)
That the Issuer shall provide annually, within six months after the end of each fiscal year ending in
or after 2002, financial information and operating data with respect to the Issuer of the general type
described in Exhibit A hereto provided that such information and data is customarily prepared by
the Issuer. Such information shall be provided to any person upon request made to the Issuer
provided that the Issuer reserves the right at any time to commence making such annual filings with
the SID (if any, and if none, to each NRMSIR) in lieu of providing such information upon request.
Any financial statements so to be provided shall be (1) prepared in accordance with the accounting
principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be
required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer
commissions an audit of such statements and the audit is completed within the period during which
they must be provided. If the audit of such financial statements is not complete within such period,
then the Issuer shall provide unaudited financial statements by the required time and shall provide
audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and
if the audit report on such statements become available.
(ii) If the Issuer changes its fiscal year, it will notify the SID of the change (and of the date
of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required
to provide financial information and operating data pursuant to this paragraph (a). The financial
18
information and operating data to be provided pursuant to this Section may be set forth in full in one
or more documents or may be included by specific reference to any document (including an official
statement or other offering document, if it is available from the MSRB) that theretofore has been
provided to the SID or filed with the SEC.
(b) ' v ' . The Issuer shall notify any SID and the MSRB, in a timely
manner, of any of the following events with respect to the Notes, if such event is material within the
meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the m-exempt status of the Notes;
7. Modifications to rights of holders of the Notes;
8. Bond calls;
9. Defeasances;
10. Release~ substitution, or sale of property securing repayment of the Notes; and
11. Rating changes.
The Issuer shall notify any SID and the MSRB, in a timely manner, of any failure by the Issuer to
provide financial information or operating data in accordance with subsection (a) of this Section by
the time required by such subsection.
(c) Limitations. Disclaimers. and Amendments. (i) The Issuer shall be obligated to observe
and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer
remains an "obligated person" with respect to the Notes within the meaning of the Rule, except that
the Issuer in any event will give notice of any deposit made in accordance with this Resolution or
applicable law that causes Notes no longer to be Outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial
owners of the Notes, and nothing in this Section, express or implied, shall give any benefit or any
legal Or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to
provide only the financial information, operating data; financial statements, and notices which it has
expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any
other information that may be relevant or material to a complete presentation of the Issuer's financial
results, condition, or prospects or hereby undertake to update any information provided in
accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not
make any representation or warranty concerning such information or its usefulness to a decision to
invest in or sell Notes at any future date.
19
(iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE
HOLDER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN
CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY
BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART,
OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMFDY
OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SI-LAI.L BE LIM1TED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(iv) No default by the Issuer in observing or performing its obligations under this Section
shall comprise a breach of or default under this Resolution for purposes of any other provision of this
Resolution. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the Issuer under federal and state securities laws.
(v) The provisions of this Section may be amended by the Issuer from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions
of this Section, as so amended, would have permitted an underwriter to purchase or sell Notes in the
primary offering of the Notes in compliance with the Rule, taking into account any amendments or
interpretations of the Rule since such offering as well as such changed circumstances and (2) either
(a) the holders of a majority in aggregate principal amount (or any greater amount required by any
other provision of this Resolution that authorizes such an amendment) of the outstanding Notes
consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally
recognized bond counsel) determines that such amendment will not materially impair the interest of
the holders and beneficial owners of the Notes. If the Issuer so amends the provisions of this
Section, it shall include with any amended financial information or operating data next provided in
accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for
the amendment and of the impact of any change in the type of financial information or operating data
so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure
agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final
jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent
that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or
selling Notes in the primary offering of the Bonds.
Section 16. PAYMENT. On or before March 1, 2002, and semiannually on or before each
September I and March 1 thereafter while any of the Bonds are outstanding and unpaid, the Paying
Agent/Registrar shall make payment of the principal of and interest on the Notes to the holders
thereof with funds on deposit in the Debt Service Fund.
Section 17. DEFICIENCIES; EXCESS PI ~FDGED REVENUES. (a) If on any occasion
there shall not be sufficient Pledged Revenues to make the required deposits into the Debt Service
Fund, then such deficiency shall be made up as soon as possible from the next available Pledged
Revenues, or from any other sources available for such purpose.
(b) Subject to making the required deposits to the credit of the Debt Service Fund, when and
as required by this Resolution, the excess Pledged Revenues may be used by the Issuer for any lawful
20
purpose not inconsistent with the Act; provided, however, that prior thereto, such use must be
authorized and approved by official action of the governing body of the City.
Section 18. GENERAL COVENANTS. The Issuer further covenants and agrees that in
accordance with and to the extent required or permitted by law:
(a) ~. It will faithfully perform at all times any and all covenants, undertakings,
stipulations, and provisions contained in this Resolution and in every Note; it will promptly pay or
cause to be paid the principal of and interest on every Note on the dates and in the places and manner
prescribed in this Resolution and the Notes; and it will, at the times and in the manner prescribed,
deposit or cause to be deposited the amounts required to be deposited into the Funds created hereby;
and any registered owner of the Notes may require the Issuer, its officials and employees to carry out,
respect or enforce the covenants and obligations of this Resolution, by all legal and equitable means,
including specifically, but without limitation, the use and filing of mandamus proceedings, in any
court of competent jurisdiction, against the Issuer, its officials and employees, or by the appointment
of a receiver in equity.
(b) I,r, gitJ.Aglll.91~. It is a duly created and existing industrial development corporation, and
is duty authorized under the laws of the State of Texas, including the Act, to create and issue the
Notes; that all action on its part for the creation and issuance of the Notes has been duly and
effectively taken, and that the Notes in the hands of the registered owners thereof are and will be
valid and enforceable special obligations of the Issuer in accordance with their terms.
(c) ~. It, while the Notes are outstanding and unpaid, will not
additionally encumber the Pledged Revenues in any manner, without the prior written consent of the
Purchaser, and without the approval of the governing body of the City.
(d) Sale or Disposal of Pro_iect. It, while the Notes are outstanding and unpaid, will not sell,
convey, mortgage, encumber, lease or in any manner transfer title to, or otherwise dispose of the
Project, or any significant or substantial part thereof, without the approval of the governing body of
the City.
(e) .~]l,~;l~;~k~I~. (i) The Issuer hereby confirms the earlier levy by the City of
the Sales Tax at the rate voted at the Election, and the Issuer hereby warrants and represents that the
City has duly and lawfully ordered the imposition and collection of the Sales Tax upon all sales, uses
and transactions as are permitted by and described in the Act throughout the boundaries of the City
as such boundaries existed on the date of said election and as they may be expanded from time to
time.
(ii) For so long as any Notes are outstanding, the Issuer covenants, agrees and warrants to
take and pursue all action permissible under applicable law to cause the Sales Tax, at said rate or at
a higher rate if permitted by applicable law, to be levied and collected continuously, in the manner
and to the maximum extent permitted by applicable law, and to cause no reduction, abatement or
21
exemption in the Sales Tax or rate of tax below the rate stated, confirmed and ordered in subsection
(a) of this Section to be ordered or permitted so long as any Notes shall remain out,standing.
(iii) If the City shall be authorized hereafter by applicable law to apply, impose and levy the
Sales Tax on any taxable items or transactions that are not subject to the Sales Tax on the date of the
adoption hereof, the Issuer, to the extent it legally may do so, hereby covenants and agrees to use its
best efforts to cause the City to take such action as may be required by applicable law to subject such
taxable items or transactions to the Sales Tax.
(iv) The Issuer agrees to take and pursue all action permissible under applicable taw to cause
the Sales Tax to be collected and remitted and deposited as herein required and as required by the
Act, at the earliest and most frequent times permitted by applicable law.
(v) The Issuer agrees and covenants at all times to use its best efforts to cause the City to
comply with the Transfer Agreement.
(f) Records. It will keep proper books of record and account in which full, true and correct
entries will be made of all dealings, activities and transactions relating to the Project, the Pledged
Revenues and the Funds created pursuant to this Resolution, and all books, documents and vouchers
relating thereto shall at all reasonable times be made available for inspection upon request of any
bondholders.
(g) ~lllI~IILF~I~:I~. It will maintain its corporate existence during the time that any
Notes are outstanding hereunder.
(h) ~. It will provide to the Purchaser, for so long as the Purchaser is an
owner of any principal amount of the Notes, (i) promptly upon receipt of the same by the City, a
copy of the City's comprehensive annual financial report, which report will contain audited financial
information regarding the revenues and expenditures made by the Corporation with the Sales Tax;
and (ii) no later than 15 days after each December 1, March 1, June 1 and September 1, commencing
December 1, 2001, an unaudited financial statement of the Corporation regarding the revenues and
expenditures made by the Corporation with the Sales Tax, prepared by and the accuracy of such
quarterly financial statement certified to in writing by either (A) a certified public accountant or a
firm of certified public accountants approved by the Pumhaser or (B) the finance department of the
City.
Section 19. DEFEASANCE OF NOTES. (a) Defeased Notes. That any Note and the
interest thereon shall be deemed to be paid, retired and no longer Outstanding (a "Defeased Note"),
except to the extent provided in subsection (d) of this Section, when payment of the principal of such
Note, plus interest thereon to the due date (whether such due date be by reason of maturity or
otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof,
or (ii) shall have been provided for on or before such due date by irrevocably depositing with or
making available to the Paying Agent/Registrar in accordance with an escrow agreement or other
22
similar instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the
United States of America sufficient to make such payment or (2) Defeasance Securities that mature
as to principal and interest in such mounts and at such times as will insure the availability, without
reinvestment, of sufficient money to provide for such payment, and when proper arrangements have
been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all
Defeased Notes shall have become due and payable. At such time as a Note shall be deemed to be
a Defeased Note hereunder, as aforesaid, such Note and the interest thereon shall no longer be
secured by, payable from, or entitled to the benefits of, the Pledged Revenues, and such principal and
interest shall be payable solely from such money or Defeasance Securities.
(b) Investment in Defeasance Securitie,s. Any moneys so deposited with the Paying
Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities,
man.rig in the amounts and times as hereinbefore set forth, and all income from such Defeasance
Securities received by the Paying Agent/Registrar that is not required for the payment of the Notes
and interest thereon, with respect to which such money has been so deposited, shall be turned over
to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement
pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased
Notes may contain provisions permitting the investment or reinvestment of such moneys in
Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the
requirements specified in subsections (a)(i) or (ii) of this Section. All income from such Defeasance
Securities received by the Paying Agent/Registrar which is not required for the payment of the
Defeased Notes, with respect to which such money has been so deposited, shall be remitted to the
Issuer or deposited as directed in writing by the Issuer.
(c) Pavine Agent/Registrar Services. Until all Defeased Notes shall have become due
and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for
such Defeased Notes the same as if they had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as required by this Resolution.
(d) Selection of Notes for Defeasance. In the event that the Issuer elects to defease less
than all of the principal amount of Notes of a maturity, the Paying Agent/Registrar shall select, or
cause to be selected, such amount of Notes by such random method as it deems fair and appropriate.
Section 20. DAMAGED, MUTILATED, LOST, STOI-F.N, OR DESTROYED NOTES. (a)
Replacement Notes. In the event any outstanding Note is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new note
of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or
destroyed Note, in replacement for such Note in the manner hereinafter provided.
(b) Application for Replacement Notes. Application for replacement of damaged, mutilated,
lost, stolen, or destroyed Notes shall be made by the registered owner thereof to the Paying
Agent/Registrar. In every case of loss, theft, or destruction of a Note, the registered owner applying
for a replacement note shall furnish to the Issuer and to the Paying Agent/Registrar such security or
23
indemnity as may be required by them to save each of them harmless from any loss or damage with
respect thereto. Also, in every case of loss, theft, or destruction of a Note, the registered owner shall
fumish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft,
or destruction of such Note, as the case may be. In every case of damage or mutilation of a Note,
the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Note so
damaged or mutilated.
(c) ~i~LQ~[. Notwithstanding the foregoing provisions of this Section, in the
event any such Note shall have matured, and no default has occurred which is then continuing in the
payment of the principal of, redemption premium, if any, or interest on the Note, the Issuer may
authorize the payment of the same (without surrender thereof except in the case of a damaged or
mutilated Note) instead of issuing a replacement Note, provided security or indemnity is furnished
as above provided in this Section.
(d) Charge for Issuing Replacement Notes. Prior to the issuance of any replacement note,
the Paying Agent/Registrar shall charge the registered owner of such Note with all legal, printing,
and other expenses in connection therewith. Every replacement note issued pursuant to the
provisions of this Section by virtue of the fact that any Note is lost, stolen, or destroyed shall
constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Note
shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of
this Resolution equally and proportionately with any and all other Notes duly issued under this
Resolution.
(e) Authority for Issuing Replacement Notes. In accordance with Chapter 1206, Texas
Government Code, this Section shall constitute authority for the issuance of any such replacement
note without necessity of further action by the governing body of the Issuer or any other body or
person, and the duty of the replacement of such notes is hereby authorized and imposed upon the
Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Notes
in the form and manner and with the effect, as provided in Section 4(d) of this Resolution, for Notes
issued in conversion and exchange for other Notes.
Section 21. CUSTODY, APPROVAL, AND REGISTRATION OF NOTES; BOND
COUNSEL'S OPINION; CUSIP NUMBERS AND BOND INSURANCE, IF OBTAINED. The
President of the Board of the Issuer is hereby authorized to have control of each Note issued
hereunder and all necessary records and proceedings pertaining to each Note pending their delivery
and their investigation, examination, and approval by the Attorney General of the State of Texas, and
their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of
each Note said Comptroller of Public Accounts (or a deputy designated in writing to act for said
Comptroller) shall manually sign the Comptroller's Registration Certificate on each Note, and the
seal of said Comptroller shall be impressed, or placed in facsimile, on each Note. The approving
legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of
the Issuer, be printed on each Note or on any Notes issued and delivered in conversion of and
exchange or replacement of any Note, but neither shall have any legal effect, and shall be solely for
24
the convenience and information of the registered owners of the Notes. In addition, the form of bond
counsel's opinion relating thereto, and an appropriate statement of insurance supplied by a municipal
bond insurance company providing insurance, if any, covering all or any part of the Notes may be
printed or attached to the Notes.
Section 22. NOTES NOT ISSUED AS TAX-EXEMFr OBLIGATIONS. That the Issuer
intends not to issue the Notes as obligations described in section 103 of the Code, the interest on
which is not includable in the "gross income" of the holder for purposes of federal income taxation.
Section 23. Sgl F. OF NOTES. The sale of the Notes to the Purchaser, at the purchase price
of , is hereby approved. One Note in the principal amount maturing on each maturity
date shall be delivered to the Purchaser, and the Purchaser shall have the fight to exchange such
notes as provided in Section 5 hereof without cost. It is hereby officially found, determined and
declared that the Notes were sold to the Purchaser at terms that were the most advantageous
reasonably obtained.
Section 24. USE OF PROCESS. The proceeds from thc sale of the Notes, other than costs
of issuance paid in accordance with an instruction letter of the Issuer, shall be deposited to thc credit
of the various Funds created by this Resolution as set forth in a certificate to be delivered to thc
Paying AgenffRegistrar at closing.
Section 25. EXECLrlION OF DOCUMENTS. The President, Vice President and Secretary
of the Board of the Issuer are hereby authorized to execute, deliver, attest and affix the seal of the
Issuer to all documents and instruments necessary and appropriate in connection with the issuance,
sale and delivery of the Notes, including, without limitation, the Transfer Agreement, the Paying
Agent/Registrar Agreement, the Project Agreement and the DTC Blanket Letter of Representations,
in substantially the forms attached hereto and made a part hereof for all purposes.
Section 26. FINDING OF ECONOMIC DEVELOPMENT. The Issuer hereby finds, based
upon information provided to it by the City, that the Project will foster and enhance economic
development in the City, by providing a venue where entertainment and cultural activities that
currently do not come to the City will be attracted to and performed in the City, thereby expanding
the sales tax and hotel occupancy tax bases of the City, and providing employment opportunities to
the citizens of the City.
Section 27. PREAMBLE. The findings and preambles set forth in this Resolution are hereby
incorporated into this Resolution and made a part hereof for all purposes.
25
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 14 of this Resolution.
Annual Financial Statements and Operating Data
Exhibit A
t~
Resolution
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described
in the notes to the financial statements referred to in paragraph 2 above.
26
CERTIFICATE FOR RESOLUTION
THE STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRICIO
CITY OF CORPUS CHRISTI
We, the undersigned officers of said City, hereby certify as follows:
1. The City Council of said City convened in REGULAR MI:~.F. TING ON ~ 1ST DAY
OF AUGUST, 2001, at the City Hall, and the roll was called of the duly constituted officers and
members of said City Council, to-wit:
Samuel L. Neal, Jr.
Brent Chesney,
Javier D. Colmenero,
Henry Gan'eR,
Bill Kelly,
Rex Kinnison,
John Longoria,
Jesse Noyola,
Mark Scott
David Gan:ia,
James Bray,
$orge Cruz-Aedo,
Armando Chapa,
Mayor
Councilmembers
City Manager,
City Attorney,
Director of Fiscal Services,
City Secretary
and all of said persons were present, except the following absentee: , thus constituting
a quorum. Whereupon, among other business, the following was transacted at said Meeting: a
written
RESOLUTION APPROVING THE RESOLUTION
AUTHORIT:ING THE ISSUANCE OF NOTES BY THE
CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION
AND THE EXECUTION OF A SALES TAX REMrlTANCE AGREEMENT
AND A PROJECT AGREEMENT WITH RESPECT TO THE ARENA PROJECT
was duly introduced for the consideration of said City Council and read in full. It was then duly
moved and seconded that said Resolution be passed; and, after due discussion, said motion carrying
with it the passage of said Resolution, prevailed and carried by the following vote:
AYES: All members of said City Council shown present above voted "Aye".
NOES: None.
2. That a tree, full and correct copy of the aforesaid Resolution passed at the Meeting
described in the above and foregoing paragraph is attached to and follows this Ce~ificate; that said
Resolution has been duly recorded in said City Council's minutes of said Meeting; that the above and
foregoing paragraph is a true, full and correct excerpt from said City Council's minutes of said
Meeting pertaining to the passage of said Resolution; that the persons named in the above and fore-
going paragraph are the duly chosen, qualified and acting officers and members of said City Council
as indicated therein; that each of the officers and members of said City Council was duly and
sufficiently notified officially and personally, in advance, of the time, place and purpose of the
aforesaid Meeting, and that said Resolution would be introduced and considered for passage at said
Meeting, and each of said officers and members consented, in advance, to the holding of said
Meeting for such purpose, and that said Meeting was open to the public and public notice of the
time, place and purpose of said meeting was given, all as required by Chapter 551, Texas
Government Code.
SIGNED AND SEAl.ED the 21st day of August, 2001.
City Secretary
SEAL
l' I
SALES TAX REMITTANCE AGREEMENT
THIS SAI.F.S TAX REMYITANCE AGREI~MENT, dated as of August 21, 2001, executed
by and between the City of Corpus Christi, Texas (the "City") and the Corpus Christi Business and
Job Development Corporation (the "Corporation")
WITNESSETH:
WHEREAS, the Corporation was created by the City pursuant to authority granted by Article
5190.6, Texas Revised Civil Statutes, as amended (the "Act"), specifically with the Corporation to
possess the powers granted by Section 4A of the Act; and
WHF-aXLEAS, on November 7, 2000, the citizens of the City voting at an election on said rlnt~
approved the levy of a one-eighth of one pement sales and use tax upon the receipts at retail of
taxable items, pursuant to Section 4A of the Act, for the "Arena Project", as described in the
proposition approved by the citizens voting at said election (the "Arena Economic Development
Sales Tax"); and
WHEREAS, under the Act and the provisions of the Texas Tax Code, disbursements of sales
and use taxes are made to cities, such as the City, by the Comptroller of Public Accounts of Texas
(the "Comptroller"); and
WHEREAS, under authority of the Act, it is the intent of the Corporation to issue bonds for
the purpose of financing eligible projects under the Act, particularly Section 4A thereof, and to
secure said bonds with the Arena Economic Development Sales Tax collected by the City under
authority of Section 4A of the Act; and
WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement
to evidence the duties and responsibilities of the respective parties with respect to the collection,
remittance and transfer of such sales and use tax revenues.
NOW THEREFORE, in consideration of the covenants and agreements herein made, and
subject to the conditions herein set forth, the City and the Corporation contract and agree as follows:
ARTICLE I
SAI F.S TAX FUND
Section 1.1. ~. The City agrees to establish and maintain at an official
depository bank of the City (the "Depository"), an escrow fund to be entitled "Corpus Christi
Business and Job Development Corporation Arena Project Sales and Use Tax Fund" (the "Sales Tax
Fund"). The Sales Tax Fund shall be maintained as a separate fund at the Depository, and no other
moneys oftbe City shall be commingled with the Sales Tax Fund.
Section 1.2. Deposits to Fund The revenues received by the City from the Comptroller from
the charge and levy of the Arena Economic Development Sales Tax shall be deposited as received.
or wansmitted by the Comptroller directly, to the credit of the Sales Tax Fund, for the benefit of the
Corporation, and shall be made available to the Corporation from time to time as hereinafter
provided in this Agreement.
Section 1.3. ~. The City hereby agrees that moneys on deposit in the Sales
Tax Fund shall at all times be collateralized in the manner and with the collateral required by the
City for its own funds.
Section 1.4. /~lllg~. The City reserves the fight from time to time to change
its official depository bank, and hereby agrees to give the Corporation thirty (30) days prior written
notice of any such change in its official depository bank.
ARTICLE II
TRANSFER OF FUNDS
Section 2.1. Collection of Arena Economic Development Sales Tax. (a) Until the
Comptroller is able to determine and report the amount of the Arena Economic Development Sales
Tax levied for the benefit of the Corporation and any rebate, charge-back or adjustment thereof on
a point of collection basis, the City will allocate a portion of the undivided sales and use tax receipts
to the Corporation on the basis of the total sales and use taxes collected, multiplied by the pro rata
portion of the Arena Economic Development Sales Tax and divided by all other sales and use taxes
received from the Comptroller by the City. In addition, the City will allocate the costs of any rebate
or charge-back applicable to the undivided sales and use tax receipts between the City and the
Corporation on a pro rata basis.
(,) The President of the Board of Directors of the Corporation and the Director of Fiscal
Services of the City shall take such actions as are required to cause the Arena Economic
Development Sales Tax to be delivered and transferred by the Texas Comptroller to the City for use
by the Corporation by the fastest and most economically feasible means available.
Section 2.2. ~. By resolution adopted by the Corporation on August 21, 2001
(the "Bond Resolution"), the Corporation established with the City's depository bank a fund
designated in the Bond Resolution as the "Revenue Fund".
Section 2.3. Transfers to Revenue Fund. On or before the 2$th day of each month, the City
shall direct the Depository to transfer funds on deposit in the Sales Tax Fund to the credit of the
Revenue Fund, on behalf of the Corporation. The City shall cause the Depository to make such
transfers within twenty-four (24) hours of receipt of such direction to the extent that there are
moneys on deposit in the Sales Tax Fund to effect such transfer.
-2-
Section 2.4. Use of Moneys by ComoratiorI. The Corporation agrees to use the money~ on
deposit in the Revenue Fund in a manner consistent with the terms and conditions of the Bond
Resolution.
Section 2.5. Covenant of the City. Recognizing that the Arena Economic Development
Sales Tax shall provide the security for the Corporation's bonds issued for the Arena Project, so long
as such bonds are outstanding, the City covenants and agrees that it will take and pursue all possible
action permitted by the Act and other applicable State law to cause the Arena Economic
Development Sales Tax to be levied and collected continuously at the rate of one-eighth of one
percent or, to the extent permitted by law and necessary or desirable, at a higher rate, and the City
will not cause a reduction, abatement or exemption in the Arena Economic Development Sales Tax
or in the rate at which it is authorized to be collected.
ARTICLE ITT
MISC~.T .T ..adxTEOUS
Section 3. I. Depository Responsibilities. The President of the Board of Directors of the
Corporation and the Director of Fiscal Services of the City shall develop procedures to ensure that
the official depository bank of the City, as it may exist from time to time, shall be obligated to
perfonn the duties detailed in this Agreement, and to that end the City agrees to incorporate into its
agreement with its official depository bank a covenant by the official depository bank that it will
perform all duties and obligations as a depository as set forth in this Agreement and in the Bond
Resolution.
Section 3.2. ~C.~;~L~. In connection with the establishment and maintenance of
the Sales Tax Fund, the Corporation agrees to pay the reasonable costs and expenses of the
Depository associated with the administration of the Sales Tax Fund and such costs and expenses,
if any, shall never constitute a cost, liability, or obligation of the City.
Section 3.3. Severability. If any clause, provision, or section of this Agreement should be
held illegal or invalid by any court of competent jurisdiction, the invalidity of such clause, provision,
or section shall not affect any of the remaining clauses, provisions, or sections hereof and this
Agreement shall be construed and enforced as if such illegal or invalid clause, provision, or section
had not been contained herein. In case any agreement or obligation contained in this Agreement
should be held to be in violation of law, then such agreement or obligation shall be deemed to be the
agreement or obligation of the City and the Corporation, as the case may be, to the full extent
permitted by law.
-3-
IN W1TNESS WHEREOF, the parties hereto have caused this Agreement to be signed in
multiple counterparts, each of which shall be considered an original for all purposes, aa of thc day
and year first set out above.
C1TY OF CORPUS CHRISTI, TEXAS
ATrEST:
By
City Manager
City Secretary
(SEAL)
CORPUS CHRISTI BUSINESS AND
lOB DEVELOPMENT CORPORATION
ATTEST:
By
President, Board of Directors
Secretary, Board of Directors
(SEAL)
PROJECT AGREEMENT
THIS PROJECT AGReeMENT (this "Contract") executed by and between the City of
Corpus Christi, Texas (the "City") and the Corpus Christi Business and ]'ob Development
Corporation (the "Corporation")
WITNESSETH:
WHEREAS, the Corporation was created by the City pursuant to authority granted by Article
5190.6, Texas Revised Civil Statutes, as amended (the "Act"), specifically with the Corporation to
possess the powers granted by Section 4A of the Act; and
WHEREAS, on November 7, 2000, the citizens of the City voting at an election on said date
approved the levy of a one-eighth of one percent sales and use tax upon the receipts at retail of
taxable items, pursuant to Section 4A of the Act, for the "Arena Project", as described in the
proposition approved by the citizens voting at said election (the "Arena Project Sales Tax"); and
WHEREAS, under authority of the Act, it is the intent of the Corporation to issue bonds,
notes or other obligations permitted by law (collectively referred to herein as the "Bonds") for the
purpose of financing eligible projects under the Act, particularly Section 4A thereof, and to secure
said bonds with the Arena Project Sales Tax collected by the City under authority of Section 4A of
the Act; and
WHEREAS, on the date of the execution of this Contract, the Corporation has adopted a
bond resolution (the "Resolution") and the City has approved the adoption of the Resolution by the
Corporation, which Resolution has authorized the issuance of the Bonds for the purpose of financing
land acquisition costs and engineering and architectural costs related to the "Arena Project" (as so
defined in the Resolution, the "Project") and the Corporation and the City have entered into a sales
tax remittance agreement (the "Sales Tax Remittance Agreement") for the purpose of providing a
mechanism for distributing the Arena Project Sales Tax between the Corporation and the City; and
WHEREAS, the parties hereto find it necessary and advisable to enter into this Agreement
to evidence the duties and responsibilities of the respective parties with respect to the construction
and acquisition of the Project.
NOW THEREFORE, in consideration of the covenants and agreements herein made, and
subject to the conditions herein set forth, the City and the Corporation contract and agree as follows:
Section 1. DEFINITIONS AND INCORPORATION OF PREAMBLES. The terms and
expressions used in this Contract, unless the context shows clearly otherwise, shall have meanings
set forth herein, including terms defined in the Preambles hereto, which preambles are incorporated
in and made a part hereof for ail purposes, or, if not defined herein, such terms shall have the
meanings given in the Resolution.
Section 2. OBLIGATION OF CORPORATION TO ACQUIRE. The Corporation agrees
to pay, and will pay, all of the actual costs of acquiring, by purchase and construction, the Project,
through the issuance of its Bonds to provide the money for such payment, all in the manner
hereinafter described and as provided in the Resolution; and the Corporation, by such payment, will
thus acquire the Project for the benefit of the City.
Section 3. THE RESOLUTION. The proceeds from the saie of the Bonds will be used for
the payment of all of the Corporation's costs and expenses in connection with the Project and the
Bonds, including, without limitation, all financing, legal, printing, administrative, and other expenses
and costs incurred in issuing its Bonds and acquiring the Project, and to fund a debt service reserve
and the other funds required by the Resolution. The Resolution authorizes the issuance of the first
series of Bonds in the amount of $5,000,000, to cover the costs and expenses and other mounts
required for the initiai development of the Project, as specified in the Resolution. However, should
the Bond proceeds be insufficient for the payment of all of the Corporation's costs and expenses in
connection with the Project, the Corporation may use Arena Project Saies Tax revenues, to the extent
they are in excess of amounts needed to pay debt service on the Bonds and to fund and maintain a
reserve fund, to complete the Project in accordance with Section 11 of the Resolution and in
accordance with Section 4 hereof.
Section 4. ACQUISITION CONTRACTS. The City, acting on behalf of and as agent for
the Corporation, will enter into such contracts as are necessary to provide for acquiring, by purchase
and construction, the entire Project, and said contracts shail be executed as required by the laws
applicable to the City. The Corporation shall cause the amounts due under such contracts to be paid
from the proceeds from the saie of the Bonds. The Corporation shall deposit the proceeds from the
saie of the Bonds into the Construction Fund in accordance with the Resolution. Said Construction
Fund shall be used for paying the Corporation's costs and expenses incidental to the Bonds and to
pay the costs of acquiring, by purchase and construction, the Project. All contracts and draws on the
Construction Fund shail be approved by the Corporation and the City, and any form of written
approval signed by the President of the Board of Directors of the Corporation or by the Director of
Fiscai Services of the City will evidence the approval of the Corporation and the City for the
purposes of this Section 4. Draws on the Construction Fund shail be made in accordance with
Section 11 of the Resolution.
Section 5. OWNERSHIP OF PROJECT. (a) The Corporation will provide, make available,
and render, to and for the benefit of the City and its inhabitants, the facilities and services of the
Project paid for and acquired by the Corporation pursuant to this Contract. It is agreed that the City
always shall have the exclusive use of the Project. In consideration of the Corporation's acquiring,
making available, and rendering to and for the benefit of the City and its inhabitants, the facilities
and services of the Project, the City makes and agrees to comply with its covenants which are set
forth in the Sales Tax Remittance Agreement. As further consideration, it is agreed that the City will
have the sole responsibility for operating and maintaining the Project, and that funds for such
2
purpose shall be made available to the City by the Corporation from the Arena Project Sales Tax,
consistent with the proposition authorizing the levy and collection of the Arena Project Sales Tax
approved by the citizens of the City at the November 7, 2000 election. The City shall not be relieved
of its covenants and obligations under the Sales Tax Remittance Agreement, notwithstanding the
failure of the Corporation to acquire or construct all or any part of the Project. It is hereby pro~hd~i
that in further consideration of the covenants made by the City under this Section and under the
Sales Tax Remittance Agreement, the City shall become the owner of the Project upon completion
of the construction of each distinct portion of the Project, as more particularly described in Section
5Os) of this Contract.
(b) Aft~ completion of the acquisition and construction of each identifiable portion of the
Project, and when an identifiable portion of the Project is ready to be placed in service, the City shall
inspect the same and if it is found by the City to have been acquired and constructed as required by
this Contract, the City, acting by and through the City Manager of the City, shall notify the
Corporation in writing that it has accepted the Project. Upon such acceptance, all of the
Corporation's fight, title, and interest of every nature whatsoever in and to such portion of the Project
automatically shall vest irrevocably in the City without the necessity of the execution of any convey-
ante by the Corporation, and such transaction shall result in the automatic sale and delivery of such
portion of the Project by the Corporation to the City, and the vesting of rifle to such portion of the
Project in the City in consideration for the agreement of the City to perform its obligations required
under this Contract. If ~luested in writing by the City, acting by and through the City Manager of
the City, the Corporation will execute and deliver to the City an appropriate instrument
acknowledging that such sale, delivery, and vesting of title has occurred, but such instrument shall
not be necessary to effect the automatic sale, delivery, and vesting of title, which shall occur as
described above. Until the acceptance of a portion of the Project by the City, all right, rifle, and
interest in and to a portion of the Project shall be in the Corporation. After such acceptance and the
resulting sale, delivery, and vesting of title in the City, the Corporation shall have no right, title, or
interest in, or responsibility with respect to, a portion of the Project and the Corporation shall have
no right to extend, improve or otherwise expend funds in the Construction Fund of the Resolution
for such portion of the Project.
Section 6. ACQUISITION. The City and the Corporation agree to proceed promptly with
the acquisition, by purchase and construction, of the Project. The City and Corporation hereby
covenant that they will make a diligent effort to complete such acquisition as soon as practicable.
The City and the Corporation do not anticipate any delays in completing the acquisition of the
Project, but the City and the Corporation shall not be liable to each other for any damages caused
by any delays in completion of the Project.
Section 7. USE OF CITY'S PUBLIC PROPERTY. By these presents, the City authorizes
use by the Corporation of any and all real property, streets, alleys, public ways and places, and
general utility or sewer easements of City for acquisition and construction of the Project.
3
Section 8. FORCE MAIEURE. fi, by reason of Force Majeure, either party hereto shall be
rendered unable wholly or in part to carry out its obligations under this agreement, then such paxty
shall give notice and full particulars of such Force Majeure in writing to the other party within a
reasonable time after occurrence of the event or cause relied upon, and the obligation of the party
giving such notice, so far as it is affected by such Force Majeure, shall be suspended dining the
continuance of the inability then claimed, except as hereinafter provided, but for no longer pexiod,
and any such pa~ shall end~avor to remove or overcome such inability with all reasonable dispa~h.
The term Force Majeure as employed herein, shall mean acts of God, s~k~, lockouts, or other
industrial disturbances, acts of public enemy, orders of any kind of the Government of the United
States or the State of Texas or any civil or military authority, insurrections, dots, epidemics,
landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests,
restraint of government and people, civil disturbances, explosions, breakage or accidents to
machinery, pipelines, or canals, or other causes not reasonably within the control of the party
claiming such inability. It is understood and agre~ that the settlement of strikes and lockouts shall
be entirely within the discretion of the party having the difficulty, and that the above requirement that
any Force Majeure shall be remedied with all reasonable dispatch shall not recluire the se~ement of
strikes and lockouts by acceding to the demands of the opposing party or parties when such
settlement is unfavorable to it in the judgment of the party having the difficulty. It is specifically
excepted and provided, however, that in no event shall any Force Majeure relieve the City of its
obligation to transfer Arena Project Sales Tax revenues to the Corporation as required under the
Sales Tax Remittance Agreement.
Section 9. REGULATORY BODIES. This Contract and the Project shall be subject to all
valid rules, regulations, and laws applicable thereto passed or promulgated by the United States of
America, the State of Texas, or any governmental body or agency having lawful jurisdiction or any
authorized representative or agency of any of them.
Section 10. TERM OF CONIRACT. That the term of this Contract shall be for the period
during which the Bonds or any interest thereon are outstanding and unpaid.
[Execution Page Follows]
IN WITNESS WHEREOF, the Corporation and the City, acting under authority of their
respective governing bodies have caused this Contract to be duly executed in several counterpart,
each of which shall constitute an original, all as of the 21st day of August, 2001, which is the dat~
of this Contract.
CORPUS CHRISTI BUSINESS AND
lOB DEVELOPMF_aNT CORPORATION
A'I'I'I~ST:
By
President, Board of Directors
Secretary, Board of Directors
(CORPORATION SEAL)
CITY OF CORPUS CHRISTI, TEXAS
ATrEST:
By.
City Manager
City Secretary
(CITY SEAL)
AGENDA MEMORANDUM
August 16, 2001
SUBJECT: Rodd Field Village Improvement District (7243 & 8417)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an
engineering services contract with Urban Engineering in the amount of $89,700 for the
Rodd Field Village Improvement District.
ISSUE: Rodd Field Village requires the installation of public improvements that can only
be accommodated through an improvement district. This requires a subdivision plat and
public improvements to be designed through an engineering contract.
FUNDING: Funding is available from the Community Developement Block Grant program
and Utility Capital Improvement Funds.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
Date
Director- Engineering Services
Attachments:
Exhibit A -
Exhibit B -
Exhibit C -
Additional Information
Contract Summary
Location Map
H:\HO ME\KEVINS\GEN\RODDFIEL\^AEAWD.M
ADDITIONAL INFORMATION
BACKGROUND: Council approved the concept of the Rodd Field Public Improvement
District in October 2000. The first step of implementation of the Improvement District to
bring the area into compliance with the City's platting requirements. The establishment of
the improvement district will allow the City to assess property owners the cost of platting,
engineering design and installation of improvements.
FUNDING: CDBG funding has been made available for planning (survey & platting)
purposes. The CDBG funding is available as a result of savings accrued from personnel
vacancies. CDBG regulations limit funding to planning and platting for this type of project.
Additional funding for engineering design of utility improvements will be provided by the
Combined Utility Fund. The project will require the establishment of an assessment
process to recover the installation of utilities and other improvements. Street
improvements will be limited to reconstruction of streets damaged by utility installations.
The Utility Capital Improvement Funds (Commercial Paper) will provide funding for
wastewater and water improvements.
ASSESSMENTS: Some property owners have not yet signed the petition, but indicate a
willingness to do so depending on the cost. Assessment to recover the cost of
improvements does not require the concurrence of individual property owners.
PLATTING: Platting will require the concurrence and signature of each property owner
included in the plat. This may result in some unplatted properties being included in the
improvement district. Owners which decline to sign will be responsible to plat their property
in the future at their expense.
A/E CONSULTANT: Urban Engineering has been assisting staffwith preliminary mapping
of ownership surveys, preparation of briefing exhibits, review of property description, and
utility analysis. They are the most familiar with the area, including potential problems with
property description. Their services will include retaining a title company if necessary to
address property ownership and property description irregularities. The contract scope is
to include field survey, plat preparation, and design of utilities and other required
improvements. A summary of the contract is attached. See Exhibit B.
H:\HOME\KEVINS\GEN\RODDFIEL\^AEAWD.EXA
I Exhibit "A" J
Page 1 of 1
CONTRACT SUMMARY
RODD FIELD VILLAGE IMPROVEMENT DISTRICT
SERVICES TO BE PERFORMED
The Engineer hereby agrees, at its own expense, to per[orm all planning and engineering services
necessary for the planning, platting, review, design, preparation of plans, specifications, bid and
contract documents, to complete the "Rodd Field Village Improvement District" project.
SCOPE OF SERVICES
a. BASIC SERVICES
Planning and Subdivision Platting - The Engineer will:
a. ensure all work by the Engineer conforms to City of Corpus Chdsti codes,
ordinances, and development standards for the subdivision of property;
b. complete a preliminary site study;
c. review recorded property deeds and contracts of sale;
d. verify accuracy of deeds and reconcile any inconsistencies;
e. complete a survey of individual parcels being platted. No improvements on
individual parcels will be surveyed or located;
f. prepare and submit to the City Engineer a preliminary plat in compliance with
the City Subdivision Code; and
g. prepare and deliver to the City Engineer a final plat for approval and
recordation.
Design Phase - The Engineer will complete the following as part of the design of
required improvements:
a. complete field surveys necessary to complete the plans and specifications
of improvements;
b. meet with City staff to discuss materials and methods of construction and to
identify construction limitations;
c. review, as necessary, existing field conditions, records, titles, easements,
and rights-of-ways, which may affect the design;
d. prepare construction drawings, plans and specification in City format;
e. furnish five (5) sets of 75% complete design plans for City review;
f. furnish five (5) sets of 100% complete plans, and specifications to the City
for review and approval purposes;
g. deliver to the City final reproducible and electronic versions of plans,
specifications, contract and bid documents in City format; and
h. prepare estimates of cost and quantities.
Bid Phase - The Engineer will complete the following as part of the bid phase
services:
a. attend pre-bid conference;
b. prepare for the City any addenda necessary to inform contractors of other
revisions to the contract or bid documents identified pdor to bidding. Addenda
will be distributed by the City;
c. assist City in securing bids;
d. prepare bid tabulation, analyze bids, and make recommendation concerning
award of contract; and
Exhibit B ]
Page t of 2
in the event the lowest responsible bidder's bid exceeds the Engineer's
estimate developed in the Design Phase above, the Engineer will, at its
expense, confer with City and make revisions as necessary and satisfactory
to the City to permit the re-advertising of the project for bids.
SUMMARY OF FEES:
Tasks Description Fee
Basic Services
A1 Planning and Subdivision Platting $30,000
A2 Design Phase $57,200
A3 Bidding Phase $2,500
Basic Services Subtotal $89,700
TOTAL $89,700
ANTICIPATED SCHEDULE OF SERVICES
Task Description Days
A.1 Planning and Subdivision Platting 90
A.2 Design Phase 90
A.3 Bid Phase 45
Exhibit B
Page 2 of 2
RODD
7243184 ~ 7
VICINITYMAP
NOT TO SCALE
EXHIBT_T "C"
ROOD FIELD VILLAGE
II, IPROVEMENT DISTRICT
CITY OF CORPUS CHRISTI. TEXAS
CZTY COUNCT_L EXHT._BZT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 08/16/2001
AGENDA MEMORANDUM
August 14, 2001
SUBJECT: Rincon Pipeline Project (Project No. 8416)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an
amendment to the engineering services contract with HDR Engineering, Inc. in the amount
of $435,000 for the Rincon Channel Pipeline Project.
ISSUE: Construction of the pipeline is a necessary element to relieve the City of
mandatory releases during lower reservoir conditions.
FUNDING: Funding will be provided by Water Capital Project Funds.
Eduardo Gar~'a, P.I
Water Superintendent
Staff recommends approval of the motion as presented.
Date ,A,}~I I~. Escobar, P.E. Date
Director- Engineering Services
Attachments:
Exhibit A -
Exhibit B -
Exhibit C -
Additional Information
Contract Summary
Location Map
H:\HOME\KEVINS\GEN\WATER\RINCON\PIPELINE\^AEAMDS.M
ADDITIONAL INFORMATION
BACKGROUND: Late last year the Council authorized exploring whether agreement could
be reached among the City and other interested parties for the City to reopen the Rincon
Diversion Channel. The Rincon Project was proven to environmentally benefit the Nueces
Estuary by the Bureau of Reclamation. The purpose of reopening the diversion channel
would be environmentally benefit the estuary in return for reduced pass-through
requirements from the reservoir system. The project is being fast-tracked in order to
receive the benefits of amending the 1995 Agreed Order on freshwater inflows to the
Nueces Estuary.
The preliminary scope for design services for the Rincon Pipeline Diversion Project was
included in Amendment No. 1. The fee and authorization to proceed was to be negotiated
as a future amendment of the contract. A summary of engineering amendments relating
to the Rincon Channel is listed in Prior Council Actions.
PRIOR COUNCIL ACTION:
January 30.2001 - Motion authorizing Amendment No. 1 of the engineering contract
with HDR for the Reservoir Operating Plan for a fee not to exceed $130,000 to
assist City efforts on the Rincon Bayou Project (M2001-046).
~g~,_~- Motion to retain the services of the Kleberg Law Firm for land
acquisition services in connection with the Rincon Bayou Project at the rate of $175
per hour for principal attorneys, $65 for paralegals, and $260 per day for landmen
plus expenses (estimated cost of $95,000 to $110,000) (M2001-047).
January_ 30. 2001-Motion to retain the services of attorney Tim Brown for legal
services in connection with proceedings at the Texas Natural Resources
Conservation Commission regarding the Rincon Bayou Project and administrative
agency, intergovernmental and legislative matters affecting the City's water interests
at the rate of $140 per hour plus expenses (estimated cost of $40,000) (M2001-
048).
March 13. 2001 - Motion authorizing Amendment No. 2 of the engineering contract
with HDR for the Reservoir Operating Plan for a fee not to exceed $40,000 for
design and bid phase services for the Nueces River Overflow Channel of the Rincon
Bayou Project (M2001-046)
July 17. 2001 -Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $74,300.00 with Gallager Construction of
Corpus Christi, Texas for the Rincon Bayou Diversion Project - Nueces River
Overflow Channel Site Improvements Project.
FUTURE COUNCIL ACTIONS:
1. Motion to award a construction contract for Rincon Diversion Pipeline project.
2. Motion to amend the engineering contract to authorize construction phase services.
3. Motion to authorize land acquisitions necessary for the Overflow Channel and
Diversion Pipeline projects.
H:\HOME\KEVINS\GEN\WATER\RINCON\PIPELINE\^AEAWD5B.EXA
Exhibit "A" I
Page 1 of 2
FUTURE ADMINISTRATIVE ACTIONS:
1. Approval of an engineering materials inspection and testing laboratory contract.
PROJECT DESCRIPTION: This project will sts of approximately three (3) miles of new 60-
inch pipeline and 150 cfs pump station. Construction cost will not be finalized until plans
and specifications are completed, but preliminary estimates indicate the construction cost
will be in excess of $4,000,000.
CONTRACT SUMMARY: The contract summary is attached. See Exhibit B
H:\HOME\KEVIN SXGEN\WATER\RINCON\PIPELIN E\^AEAWD5B.EXA
I Exhibit "A" J
Page 2 of 2
AMENDMENT No. 5
CONTRACT SUMMARY
Additional Services
Design Phase Services - Rincon Diversion Pipeline
The Engineer will provide the City with plans and specifications necessary to bid and construct the Rincon
Diversion Pipeline Project. Ninety percent (90%) design plans and specifications will be delivered to the
City no later than ninety (90) calendar days from the date of delivery of geotechnical reports or from the
date of the property owners preliminary agreement to the pipeline route and pump station location,
whichever is later. The City will review and provide comments to the Engineer on the 90% design plans
and specifications within fourteen (14) calendar days. Reproducible plans and specifications for bidding
purposes will be delivered to the City Engineer within fourteen (14) calendar days of the receipt of review
comments by the Engineer.
a. Basic Design Services
The Engineer will:
i. Coordinate the work efforts of a geotechnical firm approved by the City as needed to
support the Design Phase. The Engineer will recommend a Geotechnical Consultant to
the City and the City will contract directly with the Geotechnical Consultant.
ii. Subcontract for mitigation design upon the approval of the City, in the event that
environmental mitigation is required to meet permitting requirements (as outlined in
II.B.5.b - Additional Design Services).
iii. Determine and outline scope of geotechnical exploration required for design, and review
the drilling, preparation of logs, testing, soils analysis and test evaluation reports
furnished by soils consultant.
iv. Prepare drawings and specifications for incorporation in the Contract Documents, based
on the City's approved Preliminary Engineering Report, the associated approved pipeline
route, and the Opinion of Probable Construction Costs. These documents, hereinafter
called "Drawings and Specifications," are prepared to show the general scope, extent and
character of the work to be furnished and performed by Contractor.
Said Drawings and Specifications will be prepared in conformance with the sixteen
division format of the Construction Specifications institute and based on HDR's standard
technical specifications and the City's general specifications and General Conditions of
the Construction Contract as provided in the City of Corpus Christi, Texas, Engineering
Service Department's Plan Preparation Standards and Contract Format guidelines
(January 2001 update).
v. Advise the City of any adjustments to the latest Opinion of Probable Construction Costs
caused by changes in general scope, extent or character or design requirements of the
Rincon Diversion Pipeline Project or Construction Costs. Furnish to the City a revised
Opinion of Probable Construction Costs based on the Drawings and Specifications.
vi. Prepare for review and approval by the City, its legal counsel and other advisors, contract
agreement forms, general and supplementary conditions of the construction contract, bid
form, notice to bidders, instructions to bidders, and legal notices of the bid for newspaper
publication, hereinafter referred to as "Bidding Documents." It is envisioned that the
pump station and pipeline portions of the Rincon Diversion Pipeline Project will be
constructed in one contract.
vii. Furnish ten (10) copies of the above documents, appropriate design calculations, and the
Drawings and Specifications and present and review them in person with City.
b. Additional Services
The Engineer will:
i. Work performed during the permitting phase includes meetings, telephone conversations,
coordination with regulatory agencies, other consultants or sub-consultants, and
preparation of documents related to acquisition of permits required for implementation of
the Rincon Diversion Pipeline Project.
IExhibit B
Page 1 of 4
ii. Perform ali work to prepare the applications and subsequent follow-up work to assist in
securing the following permits, if needed:
a). All public road and utility crossings;
b). Potential railroad crossings (if pipeline route #2 or #3 is selected).
iii. Coordinate the work efforts of an environmental and archaeological firm for services
related to application for various permits required for implementation of the project. The
environmental and archeological permits include the following, if necessary:
a). Section 404 permit from the U.S. Army Corps of Engineers for construction of the
pumping station intake and crossing of any wetlands.
b). Archaeological investigation permit from the Texas Historical Commission.
c). Sand, gravel, and mad permit from the Texas Parks and Wildlife Department for
construction of the intake.
d). General Land Office permit for use of State-owned streambed.
During the permitting phase, the Environmental Subconsultant will perform a pedestrian
cultural resources survey and a wetlands survey along the proposed pipeline routes and
provide recommendations for pipeline route changes where the proposed route conflicts
with potentially significant areas.
The permitting work included herein assumes that the project will qualify for a Section
404 Nationwide Permit No. 12 (for the intake) and 404 Nationwide Permit No. 27 (for the
discharge of the pipeline), that a comprehensive archeological study will not be
completed during the permitting phase, that no significant delays occur due to threatened
or endangered species, and that access is not limited due to ongoing hunting activities.
The City will obtain right of entry permission to property where required and will
coordinate entry to all property. The Engineer will recommend route changes to the City
in areas where potential environmental conflicts are identified.
iv. Coordinate with other consultants or entities preparing permit applications not listed
above in order to provide the necessary technical information required for preparation of
the application.
v. Provide design land surveying services for the pipeline and intake.
vi. Provide surveying for real estate or land acquisition for up to 10 tracts and coordinate
with the City's land acquisition activities.
vii. Provide legal descriptions and parcel maps for land acquisition for up to 10 tracts.
Bid Phase Services - Rincon Diversion Pipeline
The Consultant shall complete the following as part of the bid phase services:
a. attend on-site(s) pre-bid conference noting inconsistencies (if any) in the bid documents;
b. prepare for the City Engineer any addenda necessary to inform contractors of other revisions
to the bid documents identified prior to bidding. Addenda will be prepared by Consultant and
reproduced and distributed by the City Engineer;
c. assist the City Engineer in securing bids, analyze bids, and make a written recommendation
concerning award of the contract; and
d. in the event the bid received by the lowest responsible bidder exceeds the established project
budget for construction, the Consultant will, at his/her expense, confer with City Engineer
and make revisions as necessary and satisfactory to the City Engineer to permit the re-
advertising of the project for bids.
6. Construction Phase Services - Rincon Diversion Pipeline
The Consultant shall complete the following tasks during the construction phase:
a. attend and assist the City Engineer with a pre-construction meeting between the contractor,
City Engineer, and other interested parties;
b. review and check for approval, materials and other submittals customarily provided by the
Contractor or required by contract documents during the course of construction by the
contractor and ensure that two field copies and one record of submittal data is provided to the
City Engineer (the construction contract documents will provide for the contractor to pay the
cost for any approval, materials or other submittals requiring more than two (2) reviews by the
Consultant). The Consultant's review or approval of Contractor's submittals such as shop
drawings, product data and samples shall only be for the limited purpose of checking for
general conformance with the visual design concept expressed in the contract documents.
Exhibit B
Page 2 of 4
The Consultant shall not be responsible for any deviations between the shop drawings, the
contract documents, and field conditions;
c. provide interpretations and clarifications of the plans and specifications for the contractor and
authorize minor changes which do not affect the contractor's price or the duration of the
construction contract, and are not contrary to the general interest of the City under the
contract;
d. review and evaluate any change order proposals that may be necessary during the progress
of the work including a recommendation to accept or reject;
e. consult with the City Engineer and advise during construction and confer with City staff and
other governmental authorities as needed;
f. make necessary visits to the site(s) of the project, work in cooperation with the City Engineer
and his/her representative (inspector) and contractor to observe the general progress and
quality of work, and determine, in general, if the work is being done in accordance with the
contract documents and in accordance with the quantities of work represented in current
contractor requests for payment. Consultant site visits will not constitute or be confused with
a resident inspection or continuous monitoring of the progress of construction. The
Consultant's local engineering personnel will provide periodic site visits during the
construction period.
g. travel in Corpus Christi, and its environs, as necessary for accomplishment of services under
this contract.
Record Drawings - The consultant shall review the Contractors field set of construction drawings and
specifications. On the basis of "red-line" drawings and marked-up specifications provided by Contractor,
and based upon known deviations, change orders, mark-ups, and changes reported by the City project
inspector, the Consultant shall prepare "as-built" record drawings and specifications of the project as
constructed and deliver to the City Engineer a reproducible set and electronic file (AutoCAD r.14 or later)
of the record drawings and a marked up set of specifications.
9. Rincon Diversion Project- Additional Services
An increase in Additional Services Amendment No.1 which originally authorized the Engineer to assist the
City in negotiations with the Nueces Estuary Advisory Committee and assist the City's land agents
regarding the Rincon Bayou Diversions Project. The Engineer will prepare data as requested by the City
Attorney to provide for the following:
a. Continue to support the City's consultants in land acquisition activities related to the Rincon
Bayou Diversions Project as requested by the City and its consultants.
b. Continue to support City's legal council in the application for a water rights permit for the
Rincon Bayou Diversions Project as needed.
c. Continue to support the City and its consultants in responding to requests of the Nueces
Estuary Advisory Committee regarding the Rincon Bayou Diversions Project.
d. Continue to support the City in evaluating the severity of the current drought condition within
the Nueces River Basin and support City staff in preparing materials for discussion with City
Council.
The Engineer will continue to coordinate with the other City consultants and its sub-consultants as
directed by the City Attorney.
Summary. of Fees:
Task I Description Fee
Original Contract
II.A.1 Update of Firm Yield $229,140
I I.A.2 Reservoir Operating Plan 81,700
II.A.3 Flood Release Model 79,000
II.A.4 Water Quality and Treatment Model 78,500
II.A.5 Effluent Reuse Study 48,000
TOTAL $516,340
Exhibit B
Page 3 of 4
Amendment No. 1
ll.B.1 Rincon Diversion Project $130,000
AMENDMENT No. 1 TOTAL $130,000
Amendment No. 2
II.B.2 Design Phase Services - Nueces River Overflow Channel Design $28,000
ll.B.3 Bid Phase Services - Nueces River Overflow Channel Design $12,000
ll.B.4 Construction Phase Services - Nueces River Overflow Channel Design To be negotiated
ll.B.5 Design Phase Services - Rincon Diversion Pipeline To be negotiated
ll.B.6 Bid Phase Services - Rincon Diversion Pipeline To be negotiated
ll.B.7 Construction Phase Services - Rincon Diversion Pipeline To be negotiated
AMENDMENT No. 2 TOTAL $40,000
Amendment No. 3
ll,B,8 Effluent Re-use Estimates $3,000
AMENDMENT No. 3 TOTAL $3,000
Amendment No, 4
ll.B.4 Construction Phase Services - Nueces River Overflow Channel Design $12,560
AMENDMENT No. 4 TOTAL $12,560
Amendment No. 5
ll.B.5 Design Phase Services - Rincon Diversion Pipeline
II.B.5.a Basic Design Services $280,000
II.B.5.b Additional Design Services $90,000
II.B.6 Bid Phase Services - Rincon Diversion Pipeline $15,000
II.B.7 Construction Phase Services - Rincon Diversion Pipeline To be negotiated
ll.B.9 Rincon Diversion Project $50,000
AMENDMENT No, 5 TOTAL $435,000
TOTAL $1,136,900
All other terms and conditions of the April 11, 2000 contract between the City and Engineer, and of any
amendments to that contract, which are not specifically addressed herein shall remain in full force and
effect.
Exhibit B
Page 4 of 4 1
N
PEPELINE
LOCATION
PARK
RIVER
624
/V~/eces
z
LOCATION UAP
NOT TO SCALE
CITY PROJECT No. 8416
EXHIBIT "C"
RINCON PIPELINE PROJECT
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHXBr_T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of 1
DATE: 08-14-2001
No Attachment For This Item
Notes and Comments