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HomeMy WebLinkAboutAgenda Packet City Council - 11/20/2001CITY COUNCIL AGENDA City of Corpus Christi November 20, 2001 1:45 p.m. Proclamation designating the month of December as "Safe & Sober Month" Swearing-in of newly appointed Board, Committee and Commission members AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD NOVEMBER 20, 2001 2:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members 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 pcdium 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 didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espaSo/ en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact 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 Reverend Melissa Nelson, Wes!ey United ~iethodist Church. C. Pledge of Allegiance to the Flag to 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 Jesse Noyola Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Mark Scoff City Manager David R. Garcia City Attorney James R. Bray, Jr.__ City Secretary Armando Chapa E. MINUTES: 1. Approval of Regular Meeting of November 13, 2001. (Attachment # 1) Agenda Regular Council Meeting November 20, 2001 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H= CONSENT AGENDA Notice to the Public The 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 wit/lout being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence afterthe items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for indiv~,dual consideration) Motion approving the purchase of one prisoner transport vehicle from the Houston-Galveston Area Council of Governments (HGAC), for the total amount of $33,487.36. The award is based on the Cooperative Purchasing Agreement with HGAC. This vehicle will be used by the Police Department. Funds are available through the 1999 Law Enforcement Block Grant. This item is a replacement to the fleet. (Attachment #2) Motion authorizing the City Manager or his designee to execute a maintenance agreement with Avnet Enterprise Solutions, Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 20, 2001 Page 3 with the State of Texas Cooperative Purchasing Program for a total amount of $50,427.81. (Attachment #3) Motion authorizing the City Manager or his designee to execute a maintenance and licensing agreement with Sill-Government Solutions, Austin, Texas for Novell NetWare Operating System, Novell GroupWise and Novell ZenWorks in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $64,619.61. (Attachment fi4) Motion approving a supply agreement with Ferguson Enterprises, Inc., Corpus Christi, Texas for approximately 2,974 ductile iron mechanical joint, flanged and swivel fittings and approximately 5,100 related accessories in accordance with Bid invitation No. B1-0017-02, based on total Iow bid for an estimated annual expenditure of $31,031.80. The term of the contract is for twelve months with options to extend for up to two additional twelve- month periods, subject to the approval of the contractor and the City Manager or his designee. These items are purchased into the Warehouse Inventory, and charged out to the Water and Wastewater Departments. (Attachment #5) Motion authorizing the acquisition of Parcel 8b, out of Lot 19, Block 7, Saratoga Place Subdivision in ihe amount of $28,000 from the owner, Greg Voisin, Trustee in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood Wastewater Treatment Plant - 30" line project. (Attachment #6) Motion authorizing the City Manager or his designee to execute a construction contract with Rabalais Electric Constructors in the amount of $1,184,690 for the Wastewater Microwave Communication System. (Attachment #7) Motion authorizing the City Manager or his designee to execute a depository contract with Frost National Bank to provide depository services for City funds. (Attachment #8) Motion authorizing the City Manager or his designee to execute a contract for the collection of delinquent special assessments, demolition, and weed lien accounts with Linebarger, Heard, Goggan, Blair, Graham, Pe~a & Sampson, LLP for a fee of 25% CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November20,2001 Page 4 10.a. 10.b. 11.a. 11.b. 11.c. 11.d. of principal and interest collected on delinquent accounts turned over to law firm, plus a $10.00 fee for preparation of liens and reimbursement of incurred recording fees. (Attachment #9) Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed grant in the amount of $175,000 for Site I North for the continued support of the Weed and Seed Program from the U.S. Department of Justice (DO J). (Attachment #10) Ordinance appropriating $175,000 from the U.S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants Fund for the continued support of the Weed and Seed Program, Site I North, for FY2001-2002. (Attachment #10) Motion authorizing the City Manager or his designee to execute an agreement with The YMCA of Corpus Christi, Northside Outreach Program to provide $10,000 from the FY2001-2002 Weed and Seed Program to implement a Youth Summer Basketball and Swimming Program. (Attachment #1 I) Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $6,574 from the FY2001-2002 Weed and Seed Program to implement a Summer Transportation Program for recreational opportunities to youth, teens and young adults at non-traditional times. It is intended to provide transportation and entry fees for some field trips during the summer. (Attachment #11) Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $17,000 from the FY2001-2002 Weed and Seed Program to implement a Summer Super Sports Program. (Attachment #11) Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the Arts to provide $13,000 from the FY2001-2002 Weed and Seed Program to implement Prevention through the Arts programs. (Attachment #11) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November20,2001 Page 5 11.e. 12. 13. 14.a. 14.b. 15.a. Motion authorizing the City Manager or his designee to execute an agreement with Metro Ministries, Inc. to provide $10,000 from the FY2001-2002 Weed and Seed Program to enhance the Gabbard Memorial Health Room. The program is a primary care medical clinic for residents of the shelter and our homeless population. (Attachment #11 ) Resolution authorizing the City Manager or his designee to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the estimated amount of $240,900 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements Project. (Bond Issue 2000) (Attachment # 12) Ordinance authorizing the City Manager or his designee to execute a Right-of-Way (ROW) Maintenance and Use Agreement with Dr. Michael L. Mintz, (Permittee) to construct at his expense, a parking lot, landscaping, and other public improvements in an undeveloped portion of the Airheart Point public street right-of- way (Alta Plaza on the Bay Subdivision) that abuts the property owned by the said Permittee; with specified conditions. (~ttachment #13) Motion to amend prior to Second Reading to provide for an effective date and for consent of franchisee. (Attachment #14) Second Reading Ordinance - Granting to Texas Cable Partners, L.P., a six-month extension of the Cable Television Franchise granted in Ordinance No. 16133. (First Reading - 10/09/01) (Attachment #14) PUBLIC HEARINGS: STREET RIGHT~3F-WAY ON PURL PLACE Public hearing to consider vacating and abandoning a 4,261- square foot portion of a 50-foot wide street right-of-way on Pud Place, north of the Robert Drive street right-of-way. (Attachment #15) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November20,2001 Page 6 15.b. 16. 17. Ordinance vacating and abandoning a 4,261-square foot portion of a 50-foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way; requiring the owners, Dr. and Mrs. Robert W. Madry, Jr. and Mrs. Ann C. Yeager, to comply with the specified conditions and replat the property within 180 days at the owner's expense. (Attachment #15) ZONING CASES: Case No. 1001-06, Kate Haltom: A change of zoning from "A-I" Apartment House District to an "AB" Professional Office District on Bayview Addition, Block 1, Lots 1 and 2, located on the southwest cornerof Buford Street and Ocean Drive. (Attachment #16) Planninq Commission's and Staff's Recommendation: Approval of the "AB" District. ORDINANCE Amending the Zoning Ordinance upon application by Kate Haltom by changing the zoning map in reference to Lots 1 and 2, Block 1, Bayview Addition, from "A-I" Apartment House District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1001-08, Cloudcroft Land Ventures, Inc.: A change of zoning from "R-lB" One-family Dwelling District to "A-I" Apartment House District, 7.66 acres of land out of Lots 9, 10, and 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, approximately 550 feet west of Cimarron Boulevard. (Attachment #17) Planninq Commission's and Staff's Recommendation: Approval of the "A-I" District. ORDINANCE Amending the Zoning Ordinance upon application by Cloudcroff Land Ventures, Inc., by changing the zoning map in reference to CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summa~) Agenda Regular Council Meeting November20,2001 Page 7 18. 19.a. 19.b. 19.c. 7.66 acres out of Lots 9, 10 and 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, from "R-lB" One-family Dwelling District to "A-1" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 1001-09, A.J. Leasing: A change of zoning from a "B-3" Business District to an "1-2" Light Industrial District, 6.02 acres out of Tract 7, William Robertson Farm Tracts, located on the northwest corner of Saratoga Boulevard and County Road 37. (Attachment #18) Planning Commission's and StafFs Recommendation: Approval of the "1-2" District. ORDINANCE Amending the Zoning Ordinance upon application byA.J. Leasing by changing the zoning map in reference to 6.02 acres out of Tract 7 of the William Robertson Farm Tracts, from "B-3" Business District to "1-2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. DUNE PROTECTION AND BEACH ACCESS: Public hearing on proposed amendments to the City's Dune Protection and Beach Access Plan, An Element of the Comprehensive Plan, and the Dune Protection and Beach Access Regulations. (Attachment #19) First Reading Ordinance - Amending the City of Corpus Christi, Texas Dune Protection and Beach Access Plan, An Element of the City of Corpus Christi Comprehensive Plan, by adopting a policy statement in support of Packery Channel, revising the definition of Erosion Area Line and description of Eroding Area Boundary, and by revising Figure 5, which illustrates the Beachfront Construction Line, Erosion Area Restriction Line, and Erosion Area Line. (Attachment #19) First Reading Ordinance - Amending the definition of "Erosion Area Line" in Section 10-1 of the Code of Ordinance, City of Corpus Christi. (Attachment #19) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November 20, 2001 Page 8 19.d. 20.a 20.b. 20.c. 21. 22. 23. 24. First Reading Ordinance - Amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas Dune Protection and Beach Access Regulations, by revising Appendix III, Beachfront Construction Line, Erosion Area Restriction Line, and Erosion Area Line. (Attachment #19) ENTERPRISE ZONE: Public hearing to receive input concerning the adoption of an ordinance to expand the area of the City's State Designated Enterprise Zone and designate that same area as a Reinvestment Zone. (Attachment #20) Ordinance expanding and renewing the boundaries of the Corpus Christi Enterprise Zone and authorizing the filing of an Enterprise Zone Application with the Texas Department of Economic Deve!opment; further nominating the expanded Enterprise Zone a Reinvestment Zone. (Attachment #20) Resolution nominating and designating Vision Technologies Aerospace, Ltd. as a qualified business and enterprise project pursuant [o the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. (Attachment #20) Resolution authorizing the City Manager or his designee to submit an application to the U.S. Department of Commerce for an Economic Development Administration Grant up to $1,500,000 to construct improvements on the property of Corpus Christi International Airport in connection with the Vision Technologies Aerospace, Ltd. proposal. (Attachment #21) PRESENTATIONS: Public comment will not be solicited on Presentation items. FY2001-2002 First Quarterly Budget/Performance Report (Attachment #22) Quarterly update on the City's Health Insurance Program (Attachment #23) Beach Cleaning Study by Shiner, Moseley and Associates, Inc. (Attachment #24) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November20,2001 Page 9 REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25.a. First Reading Ordinance - Annexing Wood River Areas A and B contiguous to the city limits in the vicinity of the Wood River Subdivision; providing for a service plan for the annexed areas of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. (Attachment #25) 25.b. First Reading Ordinance - Annexing Padre Island Area C, Tracts 1 and 2, contiguous to the city limits in the vicinity of the Nueces- Kleberg County Line and adjacent to South Padre Island Drive (Park Road 22) and south of Sea Pines Drive; providing for a service plan for the annexed tracts of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions. and Rules; providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. (Attachment #25) 25.c. First Reading Ordinance - Annexing Area D, a 919.17 acre area in the vicinity of Mustang Island, southeast of the Corpus Christi Ship Channel, between the city limits of the City of Corpus Christi and the west city limits of the City of Port Aransas, contiguous to the city limits of the City of Corpus Christi; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to ali rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and area subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. (Attachment #25) 25.d. First Reading Ordinance - Annexing Area E, Gulf of Mexico Water Area east of Port Aransas and Aransas Pass containing 13,128.45 acres of water area, more or less, adjacent to Mustang Island and partly in Nueces County, Texas and partly in Aransas CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November20,2001 Page10 25.e. 26.a. 26.b. 27. County, Texas, and contiguous to the city limits of the City of Corpus Christi; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules; providing for amendment of the official maps of the City of Corpus Christi, and providing for an effective date. (Attachment #25) First Reading Ordinance - Annexing Mustang Island Area F, Tracts 3A, 3B, 4 and 5 located between Mustang Island State Park and the City of Port Aransas and contiguous to the city limits of the City of Corpus Christi; providing for a service plan for the annexed area of land; providing that the owners and inhabitants are entitled to all rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi and are subject to and bound by the City Charter, Ordinances, Resolutions, and Rules, providing for amend ment of the official maps of the City of Corpus Christi, and providing for an effective date. (Attachment #25) Motion adopting the timetable for the FY2002 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (Attachment #26) Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 021901). (Attachment #26) Motion directing the City Manager to implement dues check-off capabilities for non-public safety city employees. (Attachment #27) 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 YOUPLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November20,2001 Page 11 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, habra un int~rprete ingl~s-espa~ol en la reunion de la junta para ayudarle. PER ClTY COUNClL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss matters listed on the agenda, when authorized by the provisions of the Open Meeting 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 office. 25. Executive session pursuant to Texas Government Code Section 551.071 regarding Larry Young et al v. City of Corpus Christi, No. 01-647-C, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. 29. Executive session pursuant to Texas Government Code Section 551.071 regarding Mary Collins et al v. City of Corpus Chdsti, No. 01-646-C, 94th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting November20,2001 Page 12 30. CITY MANAGER'S REPORT 31. 32. O. NOTE: * Upcoming Items MAYOR'S UPDATE 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., November 16, 2001. /~rmando Chap~' 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 ~CONT1NUING PRIORITY ISSUES Airport / Seawall / Conv?ntion 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. Prh, atization / Re-Enl0neering · 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 privatized. * Continue focus on park maintenance. Fin,an,ce · 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 · Reconsider implementation plan for a Storm Water Utility. Packery Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Landfill · Continue to evaluate the efficiency and effectiveness of operations. · Examine alternatives for solid waste management system, including privatizafion. Internet · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate 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 comracts and determine date for approval Council Action Items * Staff completes action requests in a timely manner. C~ty / 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 History 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 *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 Development 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 Governmems Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying ordofframps on SPID) *Five Points Ambulance Effluem Plan for Leopard Medians RTA--Public Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Jesse Noyola Council Members: Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison John Longoria Mark Scott CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 13,2001 2:08 p.m. 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 Charles Boren, Norton Street Church of Clwist, and the Pledge of Allegiance to the United States flag was led by Council Member Chesney. 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 annexation public heating of October 22, 2001 and the regular meeting of October 30, 2001. A motion was made and passed to approve the minutes as presented. Mayor Neal referred to the board and committee appointments on the day's agenda, and the following appointments were made: Arts and Cultural Commission Deborah Fullerton (Reappointed) Dennis Kemmerer (Reappointed) George Balli (Reappointed) Colin Sykes (Reappointed) Elia Gutierrez Frank Trimble III Anne Stewart Joe Ochoa Cynthia Alcorta Tracie Rodriguez Library Board Charles Bumes (Reappointed) Patty Nuss (Reappointed) Treva Bedwell (Reappointed) C. Thomas Cron Reynaldo Rodriguez Weed and Seed Steerine Committee Fern Carter (Site i) Lucio Gamia (Site 2-Reappointed) Citizens Advisory Health Board Water/Shore Advisory_ Committee Marilyn Kostelnik Tom Anderson Minutes - Regular Council Meeting November 13,2001 Page 2 C.C. Downtown Manaeement District Manuel Ugues (Reappointed) Mayor Neal deviated from the regular agenda and referred to Item 17, a Declaration of Neighborhood Improvement by Moody High School students. Ms. Tanya Garza explained that the Moody Civic-Minded Students held a Moody Community Convention in October 2000 where they discussed resolutions and community concems and developed the Moody Community Preamble and the Moody slogan, "Moody Trojans Take Pride...Vote! Improve the Westside!" She said the Civic- Minded Students also organized a Moody voter education and registration project. Mr. Sam Longoria said the Civic-Minded Students approved a Declaration of Improvement on September 7, 2001. Moody students Crystal Chavez, Sam Longoria, Tanya Garza and Jessica Aldrighetti read a position paper entitled "Neighborhood Improvement Planning," which was written by Crystal Chavez and Audree Arias. Contributing to the development of that position paper were Priscilla Cruz, Lori Alvarez, Danieile Cantu, Mari Perez and Jason Gonzalez. The paper discussed the appearance of the Westside, the need for unity among those residents, use of the schools as community centers, and the establishment of a Neighborhood Improvement Council. Mr. Danny Noyola, Moody High School teacher, thanked the Council for their attention. Council Member Longoria asked if the Council could recognize the Declaration of Improvement through a formal resolution at a future Council meeting. There were no objections. Mayor Neal called for consideration of the consent agenda (Items 3-14). City Secretary Chapa said that Council Member Kelly would be abstaining on Item 9. The Mayor requested that Item 11 be discussed. There were no comments from the audience. Mr. Chapa polled the Council for their votes and the following ~vere passed: 3. M2001-416 Motion approving the purchase of 90 Scott Pak-Alert SE distress alarms fi.om Dooley Tackaberry, Inc., Deer Park, Texas in accordance with Bid Invitation No. BI-0016-02, based on low bid for a total amount of $35,640. The Scott Pak-Alert SE distress alarms will be used by the Fire Department. Funds have been budgeted by the Fire Department in FY01-02. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 4. M2001-417 Motion approving a supply agreement with Anderson Construction, Corpus Christi, Texas Minutes - Regular Council Meeting November 13, 2001 Page 3 for mowing of water production facilities in accordance with Bid Invitation No. BI-0184-01 based on low bid for an estimated annual expenditure of $129,579. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve-month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY2001-2002. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Motion authorizing the City Manager or his designee to execute a construction contract with Maldonado Nursery & Landscape of New Braunfels, Texas, in the amount of $254,390 for the youth outdoor sports facilities irrigation improvements at the following sites: Dr. Hector P. Garcia Park and Price Park. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Motion authorizing the City Manager or his designee to execute a construction contract with King-Isles in the amount of $1,283,099 for the wastewater force main repairs and replacement of 30" Force Main Line B. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Motion authorizing the City Manager or his designee to execute a construction contract with Cornerstone Restoration and Waterproo£mg LLC of Anstin, Texas in the amount of $255,600 for the Texas Workforce Center Roof and Exterior Wall Waterproofing Repairs. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." M2001-421 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the conlract for consulting services with the Center for Coastal Studies in the amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon Delta and Nueces Bay. Minutes - Regular Council Meeting November 13, 2001 Page 4 The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract for consulting services with the Conrad Blucher Institute in the amount of $87,470 for On-Going Salinity Monitoring in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Chesney~ Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 8.c. M2001-423 10. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the contract for consulting services with the University of Texas Marine Sciences Institute in the amount of $173,664 for Biological Monitoring of the Effects of Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon Delta and Nueces Bay. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." Motion authorizing the City Manager or his designee to execute Amendment No. I to the architectural services contract with Thompson, Ventulett, Stainback arid Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Christi Bayfront Convention Center and Multipurpose Arena. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Kelly abstaining. ORDINANCE NO. 024653 Ordinance authorizing the City Manager or his designee to execute a Use Privilege Agreement with Gulf Coast Downtown Development, L.L.P., for the right to construct, operate, maintain, and remove two (2) 14'-8" x 7' long canopy extensions, and a 12' x 8' business sign in and over the public street fight-of-way (side~valk area) adjacent to the Katz Building located at the 500 Block of Lawrence Street and the Weber Building that is located at the 300 Block of Mesquite Street; establishing a fee of $1,000 and other specified conditions. 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." Minutes - Regular Council Meeting November 13, 2001 Page 5 12. 13.a. ORDINANCE NO. 024656 Ordinance appropriating $151,567.72 from the Unreserved Fund Balance in the No. 6010- 21130 Law Enforcement Federal Trust Fund and appropriating $213,177.65 from the Unreserved Fund Balance in the No. 6010-21120 Law Enforcement State Trust Fund for law enforcement equipment and related expenditures; amending the FY2001-2002 budget, adopted by Ordinance No. 024528, to increase appropriations by $364,745.37 in the No. 6010 Law Enforcement 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." M2001-427 Motion authorizing the City Manager or his designee to accept a grant in the amount of $53,194 from the State of Texas, Office of the Governor, Criminal Justice Division for second year funding for the Computer Forensics Specialist grant 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." 13.b. ORDINANCE NO. 024657 14. Ordinance appropriating a $53,194 grant from the State of Texas, Office of the Governor, Criminal Justice Division in the No. 1050 Federal/State Grants Fund for second year funding for the Computer Forensics Specialist grant; transferring $4,000 from the No. 6010 Law Enforcement Trust Fund and appropriating it 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." ORDINANCE NO. 024658 Ordinance appropriating $14,300 from the Save Our Sculpture (SOS) Coppini Restoration Reserve Funds in the No. 1030 Hotel Occupancy Fund to cover costs associated with the renovation of the Pompeo Coppini sculpture, The Queen of the Sea. 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." Minutes - Regular Council Meeting November 13, 2001 Page 6 Mayor Neal opened discussion on Item 11, elderly nutrition program. He noted that last fiscal year the city served 138,797 meals to 3,953 senior citizens at nine senior centers throughout the city. The centers provide recreational and social services for persons age 50 and older and benefits counseling services to those 60 and over. In addition, the home-delivered meal program served 79,163 meals to 741 homebound seniors. The Mayor commended the Park and Recreation Department and the Senior Citizen Advisory Committee. City Secretary Chapa polled the Council: 11.a. M2001-425 Motion authorizing the City Manager or his designee to accept a renewal grant in the amount of $579,602 and execute a contract with the Coastal Bend Council of Governments-Area Agency on Aging for the Elderly Nutrition Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.b. ORDINANCE NO. 02465_~4. Ordinance appropriating a $579,602 grant from the Coastal Bend Council of Governments - Area Agency on Aging in the No. 1050 Federal/State Grants Fund for the Elderly Nutrition 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." 11.c. M2001-426 Motion authorizing the City Manager or his designee to accept a renewal grant in the mount of $209,840 and execute a contract with the Texas Department of Human Services for the Title XX Meals on Wheels Program. The foregoing motion passed by the following vote: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye." 11.d. ORDINANCE NO. 024655 Ordinance appropriating a $209,840 grant from the Texas Department of Human Services in the No. 1050 Federal/State Grants Fund for the Title XX Meals on Wheels 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." Minutes - Regular Council Meeting November 13, 2001 Page 7 Mayor Neal referred to Item 15, and a motion was made, seconded and passed to reopen the public hearing on the following zoning case (which was originally tabled on October 9, 2001): 15. Case No. 0801-11. Robin Learv. Trustee: A change of zoning from an "F-R" Farm-Rural District and "R-lB" One-family Dwelling District to a "B-4" General Business District on Northwest Estates, being 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block I0, and all of Lot 1, Block 11, located on the north side of Northwest Boulevard (F.M. 624), between Trinity River and Riverwood Drives. City Secretary Chapa said the Planning Commission and staffrecommended approval of the "B4" District for Blocks 9 and 10, except for north thirty (30) feet abutting the Northwest Estates residential neighborhood; for the northern 30 feet of Blocks 9 and 10, denial of the "B4" District, and in lieu thereof, approval of a "B-lA" Neighborhood Business District. They also recommended approval of the "B-4" District on the south 230 feet of Block 11 and denial of the "B-4" District on the remaining northern portion of Block 11, and in lieu thereof, approval of an "AB" Professional Office District. Mr. Michael Gunning, Director of Planning and Development, explained that the property froms on Northwest Boulevard (FM 624) and backs up to the Northwest Estates subdivision, which was platted in 1985 and developed with single-family residences. He said the three lots of the subject property were also platted at that time and the then-owner included a 30-foot rear yard setback on the area abutting the subdivision. He said the owner's intention was to develop the property along the street frontage with non-residential uses. He said the properties were annexed into the city in 1991 and were zoned "F-R" with the rear lot portions zoned "R-1B." He explained the requested zoning and added that the 20% rule is in effect. Mayor Neal called for public comments. Mr. Clark Flato, the applicant's agent, said the developer intended that the subject property be developed commercially when the lots were platted, which is indicated by the front and rear setbacks and infrastructure. He said when the property was annexed, it was not brought into the city with the appropriate "B4" zoning due to the policies of the then-director of the Planning Department. Mr. Flato noted that Northwest Boulevard is a main arterial with four travel lanes and a continuous turning lane. He said the Texas Department of Transportation recently announced that it will be extending the five-lane roadway out past FM 666 (about 12 miles to the west of the subject property). He said the Northwest Master Plan, which was approved by both the Planning Commission and the City Council, indicates that the subject property should be commercial. Mr. Flato further discussed commercial development in the area as well as the concept of highest and best use with regard to land development. He said the property should be zoned "B-4" to provide flexibility to the developer so that a first-class project can be built. Mr. Marvin Leafy said his wife, Robin, is the applicant in her capacity as the trustee of the Steven Robert Troy 1998 Trust, which is the property owner. He explained that Steven Troy, his wife's brother, was critically injured in 1984 and is legally incapacitated and unable to take care of Minutes - Regular Council Meeting November 13, 2001 Page 8 his own affairs. Mr. Leary said they have been trying to sell this property to secure the monies to provide for Mr. Troy for the remainder of his life. Mr. Leary referred to a map of the area and reiterated that the subject lots were platted with the appropriate infrastructure in anticipation of the lots being developed commercially. He said once they agreed to the compromises establishing the buffer zones along the residential property, the Planning Commission voted to approve the zoning on a 6-1 vote. He said there are many examples of"B-4" zoning abutting residential property on main arterials throughout the city, such as along South Staples and Everhart. He said they would like the property to be developed as a large, contiguous area rather than be replatted into smaller lots with inconsistent aesthetics. Mr. Kyle Marusich, 14530 Spaulding Dr., said that about 30 people attended the Planning Commission heating and one of the residents, Ms. Adeline Phillips, had a petition with about 85 signatures of people opposed to the "B-4" zoning. He said at that time the Planning Commission discussed with the Planning staffand the applicant the proposal brought before the Council. He said those negotiations did not involve the neighbors and they have felt disenfi'anchised since they have been unable to discuss this case with the Council members. Mr. Marusich said the neighbors understand the Leary's situation, adding that they are not opposed to businesses that are compatible with the neighborhood. Council Member Garrett made a motion to close the public hearing, seconded by Council Member Kelly, and passed. Responding to Mr. Kelly, Mr. Gunning said if the property was rezoned to "B-4" as requested, the type of quality development Mr. Leary described could not be guaranteed. In fact, "B-4" zoning accommodates such uses as bars and restaurants. Mr. Gunning added that there were several neighbors who expressed opposition to the rezoning request at the Planning Commission meeting. In reply to additional questions fi.om Mr. Kelly, Mr. Doyle Curtis, Assistant City Attorney, said if any change is granted that is a higher use than the property's present zoning, staffbelieves the 12-month prohibition in the Zoning Ordinance would not apply. City Secretary Chapa said if a Council member wished to amend the proposed ordinance, it would only require five affirmative votes; however, the actual ordinance change would require seven votes to pass. Mr. Kelly said as has been his position with other zoning changes in the northwest, he believes the existing property owners have a reasonable expectation of some protection fi.om zoning changes on adjacent properties. Mr. Gunning said any of the commercial zoning districts ("B-lA," "B-l,' "B-3" or "B-4") would be consistent with the adopted Area Development Plan. Mr. Kelly said he believes "B-IA" gives the maximum benefit to the applicant while providing adequate protection to the properties adjacent to Lots 9 and 10. He said the proposed 30- foot buffer will be problematic and will be an economic drain on anyone who buys the property. Mr. Kelly added that the property owners' expectation of protection diminishes east across River Hills Drive; consequently, he thinks "B-4" is appropriate on the southern portion of Lot 11 with "AB" zoning on the northern portion of that lot. Minutes - Regular Council Meeting November 13, 2001 Page 9 Responding to Mayor Neal, Mr. Gunning said "B-IA" zoning has a more limited range of uses because it does not allow pawn shops, restaurants or drive-in facilities. He said it also has increased landscaping requirements in both the rear and front of the property. He said there currently is a moratorium on the masonry fence requirement and staff will bring back a proposal to eliminate that requirement. He said "B-4" zoning allows for unlimited signage behind the 20-foot front yard while "B-lA" allows for somewhat increased signage as opposed to "B-l," up to a maximum of a 50-square foot free-standing sign as well as a free-standing sign along each frontage. Council Member Longoria asked for the applicant's response to Mr. Kelly's proposed amendments. Mr. Leary said they discussed their rezoning proposal at length with Mr. Kelly. Mr. Leary said he did not envision the strong opposition from the neighborhood. He said the difference between "B-4" and "B-IA" zoning is purely economic and he reiterated that they are seeking the highest and best use for the property, which is "B4." He noted that "B-lA" zoning would allow high-density residential apartments and he would prefer living behind a commemial shopping center than a large apartment complex. He said he believes it would be better for the neighborhood to sell the property as one unit rather than divide it up. Mr. Flato added that "B-lA" zoning would limit the siguage on Lots 9 and 10. Council Member Chesney said this is a difficult issue because the Council needs to strike a balance between the applicant's desired uses for the property and the neighbors' concerns. However, he said he could not support "B-4" zoning. Mr. Kelly said that in his conversation with Mr. Leary, he had advised him to have a fall-back position in the event that the neighborhood did not want "B-4" zoning for that property. He also said he thought the ordinance would be changed in the future to allow the Council to approve expanded signage through a special permit. Mr. Gunning said the Planning Commission would like the staff to consider it but they have not had the opportunity to bring it back. Mr. Kelly asked ifa bank drive- through could be accommodated with a special permit, and Mr. Gunning said it could. He said staff advised Mr. Leary that if he gets a prospective buyer with a specific project in mind that requires a higher zoning, he can reapply for the zoning change. Mr. Kelly then made a motion to amend Item 15 to deny "B-4" zoning on the southern portions of Lots 9 and 10; granting of"B4" on the southern portion of Lot 11; granting "AB" on the northern portion of Lot 11; and granting "B-lA" for the entire portion of Lots 9 and I0. Mr. Chesney seconded Mr. Kelly's motion. Mr. Chapa said the motion to amend would require a simple majority and, if approved, the amended ordinance would require seven votes. Mr. Chapa polled the Council for their votes on Mr. Kelly's motion to amend and it passed as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Longoria and Noyola voting "No." Mr. Chapa then polled the Council on Item 15: 15. ORDINANCE NO. 024659 Amending the Zoning Ordinance upon application by Robin Leafy, Trustee, by changing the Minutes - Regular Council Meeting November 13, 2001 Page 10 zoning map in reference to 3.31 acres out of Lot 1, Block 9, all of Lot 1, Block 10, and all of Lot 1, Block 11, Northwest Estates, from "F-R" Farm-Rural District and "R-lB" One- family Dwelling District to "B- 1A" Neighborhood Business District on Tract 1 out of 3.31 acres out of Lot 1, Block 9 and on Tract 1 out of Lot 1, Block I0; to an "AB" Professional Office District on Tract I out of Lot 1, Block 11; to a "B-lA" Neighborhood Business District on Tract 2 out of 3.31 acres out of Lot 1, Block 9 and on Tract 2 out of Lot 1, Block 10; and to a "B-4" General Business District on Tract 2 out of Lot 1, Block 11; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. An emergency was declared and the foregoing ordinance passed, as amended, as follows: Neal, Chesney, Colmenero, Garrett, Kelly, Kinnison, and Scott voting "Aye"; Longoria and Noyola voting "No." Mayor Neal called for a brief recess. Upon reconvening, Mayor Neal referred to Item 16, a presentation regarding the issue of city employee union "dues check-off." The Mayor said each of the presenters will have a maximum of 15 minutes and public comment will not be accepted since this is not a public hearing. Mr. Mark Pitt, Special Projects Coordinator for the United Steel Workers of America (USWA), gave a computer presentation on behalf of the Corpus Christi Association of City Employees (CCACE). He said they were not asking for the Council's permission to organize; rather, they were seeking the Council's blessing as to what organization is best for the employees. He said they reject the idea that they must convince the Council that unionization is appropriate. He said the Texas Labor Code guarantees city employees the right to organize and the Council cannot vote to abrogate or abridge that right. He said over the past six months, employees have elected to exercise that right and have established the CCACE. Mr. Pitt said the Texas Government Code (Sections 617.001-617.005) outlines the public policy of the state concerning cities' and municipalities' relationship with labor unions. He said employees are guaranteed the right to have a labor organization represent them in grievances involving wages, hours of employment or conditions of work, which has been referred to as "meet and confer." In addition, Texas Government Code Section 141.008 authorizes a governing body of any city of more than 10,000 inhabitants to permit payroll deductions tbr membership dues in employee associations. Mr. Pitt said that to date over 1,000 employees of the City of Corpus Christi have signed a membership and payroll deduction card. He said membership in the CCACE is completely voluntary and any member can revoke his or her membership at any time. He said the decision as to what organization is appropriate in any given situation is vested solely in the employees, and representatives of USWA and CCACE believe the workers have clearly demonstrated their choice. Minutes - Regular Council Meeting November 13, 2001 Page 11 Mr. Pitt then described the relationship between the CCACE and the USWA/AFL-CIO, saying the former is an integral unit of the latter. He said in order to fully comply with all aspects of state law, the USWA will require that the final version of the CCACE's bylaws incorporates specific language stating that the CCACE recognizes that municipal employees in the state of Texas do not have the right to strike. With regard to dues, Mr. Pitt said CCACE's dues will be an amount equal to 1% of monthly gross salary with a $20 maximum per month. The monthly dues will be divided on a 50-50 split between the CCACE and the USWA. He said they propose that the terms and conditions of a specific system be developed between the association and city management and be implemented no earlier than January 1, 2002. Mr. Pitt discussed AFL-CIO member-only benefits, including mortgage and real estate assistance and low-rate loans, for which CCACE members would qualify. He said the USWA represents over 17,000 public sector employees working in over 350 locations. He said the CCACE is prepared to discuss the implementation of a formal, recognized meet-and-confer system that will allow the association and the city to have a professional relationship based on some degree of mutual understanding. Mr. Pitt said the CCACE's proposed statement of interest does not ask the city to enter into any illegal agreements or abandon any of its rights. He said the issue before the Council today, however, is voluntary payroll deduction of membership fees. He said the city allows deductions for such things as credit unions, United Way, savings bonds, uniform purchase and/or rental, and others. He noted that membership fees for the police and firefighter unions are allowed to be deducted from employees' paychecks. Mr. Pitt said the Council members have an ethical responsibility to exercise their power in a non-discriminatory way. He said there is no way the Council can justify its willingness to extend aid and assistance to the fire and police unions and deny the very same aid to the CCACE, which has a potential membership of 34% female members, as opposed to 2% each for the fire and police unions. He said if necessary, they are prepared to challenge before the courts what he said is a discriminatory practice. Council Members Scott and Chesney asked Mr. Pitt if he is implying that the city is discriminating based on gender, and Mr. Pitt replied that the facts speak for themselves. In his presentation, Deputy City Manager Noe outlined the facts regarding union activity among civilian public sector employees in Corpus Christi and the state of Texas. He said employees have the right to join unions, and the city may not enter into a written collective bargaining agreement regarding wages, hours and conditions of employrnent. In addition, the city may not deal with a single civilian union as the exclusive agent for civilian employees. The city must treat any group that is similarly situated in a like manner. Also, the city may discuss employment conditions with employee representatives. However, it may not be obligated to implement any item discussed and would retain the right to unilateral prescription of employment conditions. Mr. Noe said that according to current city policy, employees may have a union representative present during the grievance process and during consideration of matters before the Civil Service Board. In addition, employee unions may post notices of meetings on departmental Minutes - Regular Council Meeting November 13, 2001 Page 12 bulletin boards with prior approval of the department director, and union representatives may solicit employees for membership outside work hours in areas where the public is normally allowed. The policy also states that the city does not provide automatic deduction of union dues for any civilian employee organizations; dues deductions are allowed for uniformed groups which have collective bargaining rights. Mr. Noe said that city staffsurveyed all Texas cities with populations greater than 100,000. Of the 23 cities, 13 do not provide dues check-off for a civilian labor group and 10 provide deduction for one or more groups. He said payroll deduction of dues by the city would be legal and, if adopted, it would be necessary to open the practice up to other similarly situated groups, both now and in the future. He said the city's computer system is capable of performing that function on either a flat rate or a percentage of salary (which is the most technically difficult). Mr. Noe pointed out that there would be a cost/impact of implementing such a program for the Finance Department staff. He added that there is no way to regulate or determine what such funds are used for after the deduction is transferred to the union. The Deputy Ci~- Manager said if dues deduction is authorized, some policy issues that might be considered are whether there should be a requirement for a minimum number of deductions or members prior to allowing it and whether there should be an administrative fee charged to offset the cost of collection. Council Member Garrett asked about the number of permanent, non-uniform city employees, and Mr. Noe said it is about 2,800 (a short time later he indicated that the number is 2,345 civilian employees). Mr. Garrett asked Mr. Pitt if his estimation of over 1,000 interested city employees included police and fire employees, and Mr. Pitt said it did not. Council Member Kelly asked if staff has an idea what the administrative cost of dues check- offwill be. Mr. Noe replied that staff has not computed the actual cost but they have looked at the charges for other services. He said the police and firefighters' administrative set-up cost for payroll deduction is $50. Mr. Kelly referred to Mr. Pitt's inference that if the city allows for dues check-off for police and fire union members but not for civilian employees, the city is violating its ethics code. City Attorney Bray replied that it is not a violation of the ethics ordinance. He said that according to case law, that is a legislative matter which is within the reasonable discretion of the City Council. He said the courts have basically said a Council member can decide either way as a matter of policy; it is not unethical to have different provisions for police and fire or other categories of employees. Council Member Noyoia said this issue is just a matter of allowing for dues check-off for civilian union members. He said the city should allow it since payroll deductions are allowed for many other items. He said the union is already in existence. Responding to Council Member Colmenero, Mr. Jorge Cruz-Aedo, Director of Financial Services, said there is a range of collection fees depending on the transaction. Mr. Colmenero asked Minutes - Regular Council Meeting November 13, 2001 Page 13 a general question about the purpose of the ethics ordinance, which Mr. Bray explained. He reiterated that the clause Mr. Pitt referred to does not impact the Council's decision to set policy regarding dues check-off. Mr. Colmenero also asked about the time frame to implement dues check- off if it is approved. City Manager Garcia replied that staff can implement it fairly quickly after they bring back to the Council information about the cost to do so. In reply to Mr. Noyola, Mr. Garcia said police and fire union dues deductions were negotiated as part of those collective bargaining agreements; decisions about other deductions are handled administratively. Mr. Noyola asked what would happen if someone takes the city to court for a possible violation of the ethics ordinance regarding this issue. Mr. Bray said there is no court cause of action under that ethics code provision. He said the cases that have occurred have been primarily on the equal protection clause of the U.S. Constitution. Mayor Neal said some aspects of Mr. Pitt's presentation seem to be in direct conflict with staff's information. Mr. Noe said at this point the city has no staffor process for having a formal relationship with any group of employees (except police and fire). He said the CCACE is currently involved in grievance and disciplinary hearings representing employees, as well as recruitment programs under the city's policies and guidelines. Mr. Garcia said the city cannot have a written agreement with the CCACE. Mr. Pitt said he does not believe there is a big difference in the union's and the city's philosophy about what rights or obligations the city has; he said what is lacking is how the union will operate in some structured way. He said that system can be created without a collective agreement between the patties. Mr. Bray agreed that the city could unilaterally set up a system as a matter of policy for meet-and-confer purposes without entering into an agreement. Mr. Gamia said the bottom line is the issue of wages, which is the point of meet and confer. He said he meets with employee groups all the time regarding a wide variety of issues. He said the issue is whether the Council will direct staff to develop a specific policy to review budget and salary proposals with civilian employee representatives, which is not the current procedure. He said the only groups the city collectively bargains with as required by law are the police and firefighters. The Mayor said he is adamantly opposed to allowing anyone to dictate to the Council how they develop the budget, although he is not opposed to suggestions from the staff or others. Mr. Pitt said the union has the right to represent employees with regard to "wages, hours and working conditions," a broad topic. He said they currently do that through the grievance process, which he said is very time consuming. He said they would prefer to find another process. Council Member Kinnison asked if wages and benefits am a gfievable item. Mr. Garcia replied that they are not. He said under the city's grievance policy, an employee can grieve working conditions but not a personnel evaluation or salary. Mr. Kinnison said he thought this presentation was only going to be about whether or not to allow dues check-off. He then asked Mr. Pitt if he or anyone associated with CCACE implied or stated that employees' wages or benefits will be affected by their membership in the association. Mr. Minutes - Regular Council Meeting November 13,2001 Page 14 Pitt said he thinks the union's bylaws will clearly state that they have no right to a collective bargaining process. However, he believes the organization has the ability to impact wages, hours and working conditions by influencing Council members' opinions and showing them that the employees are valuable and deserve a larger share of the allocations. Mr. Kinnison said he knows for a fact that employees have been led to believe that union membership will affect their wages. Responding to Mr. Colmenero, Mr. Noe said there is no one person whose job it is to deal with employee relations, unlike San Antonio which has four employees. Mr. Colmenero said it is important to identify how the city will interact with the CCACE. Mr. Garcia said the local portion of the union dues would go to support union activities. He said the city's history of dealing with paid union staff members is that they greatly increase the interaction that is required from the city's Human Resources, Legal and other departments. As such, the city would need to staff up to adequately and in a timely way respond to that increased interaction. Mr. Chesney questioned why there is a need for dues check-offand why employees cannot voluntarily pay their union dues. He also questioned how local city employees will benefit fi.om the half of their dues that are sent to the union's parent organization. Mr. Pitt replied that every local union organization has a portion of their dues going to the international union, which is retm,aed to the employees via various services. He said payroll deduction is the most efficient way for employees to pay union dues. Mayor Neal referred to page 153 in the agenda packet regarding "Union Dues Survey Information." He said according to that information, the seven largest cities in the state have allowed for a payroll deduction for non-public safety employees. The Mayor said that while he may be philosophically opposed to this issue, it has the ability to split this community doxvn the middle. Mayor Neal asked the City Manager to develop a policy on how they will deal with union representation and bring the policy back to the Council within a reasonable time. The Mayor also asked the City Manager to begin a system of payroll deduction for those who wish to have it done. Mr. Scott said he believes the Council should vote on the Mayor's requests, although it is a non-agenda item. Mr. Bray said Item 16 was a presentation item and not an action item. The Mayor said he had asked the City Manager to do something and it was up to the Council to see whether they can do it or not; he added that he was not asking for a second. Council Member Longoria said the Council's policy is that if there is an objection to a Council request, them has to be five votes to approve that request. Mr. Kinnison asked if it is proper to have a roll call vote on the Mayor's motion. Mr. Bray replied that the Council has done it in the past. Mr. Kinnison suggested that the Mayor's requests be broken down into two separate items on which the Council can vote. City Manager Garcia asked for clarification about the Mayor's requests. Mayor Neal said he was requesting that staff develop a policy on how to formally deal (within the city's legal parameters) with the various concerns that were outlined by the union representatives. Mr. Kinnison Minutes - Regular Council Meeting November 13, 2001 Page 15 said the solution could be as simple as the City Manager establishing a monthly meeting with the union representatives. The Mayor agreed, saying at least it would be set forth in a policy that the Council could approve or reject. Mr. Kinnison said two Council members have said they object to the Mayor's request and have called for a vote on it. Mr. Colmenero said the Council has previously had presentations and has directed staff to proceed on an issue; he said this is a very similar situation. He said staffing infrastructure would also have to be part of the policy that is developed on union issues. Mr. Scott said he is very concerned about this issue because the Council is making policy based on a presentation rather than just giving the City Manager direction. He said the Council is about to vote on either allowing dues check-off or not allowing it. He asked Mr. Bray if the Council was violating the Charter by voting on this issue. Mr. Bray said the only action the Council would take under this posting is to direct the City Manager to bring something back to the Council. Mr. Chesney questioned whether the Council would have to go through this whole process aga'm. Mr. Scott said it should have been posted as an agenda action item to begin xvith. Mr. Noyola said the Council can vote on a policy in the next three to four weeks; however, the Mayor directed the City Manager to initiate payroll deduction for union dues and there does not need to be a vote on that issue. Mr. Longoria reiterated that there is an objection to the Mayor's direction. Mayor Neal made a motion to direct the City Manager to bring back to the Council a policy on how to deal with the civilian union's concerns. Mr. Longoria said there was no objection to that motion. Mr. Noyola then made a motion to direct the City Manager to implement dues check-off capabilities for non-public safety city employees. Mr. Noyola's motion was seconded by Mr. Colmenero. Mr. Chesney asked if the Council can legally take action on Mr. Noyola's motion. Mr. Bray replied that the Council had a posting that is not for an action item. However, if the Council proceeds it will be a valid action unless someone who has standing legally challenges it, saying that it is an insufficient posting under the Open Meetings Act. He said the Council was directing that the policy be set on that issue, which is an action. City Secretary Chapa polled the Council on Mr. Noyola's motion and it passed by the following vote: Neal, Colmenero, Garrett, Kelly, and Noyola voting "Aye"; Chesney, Kinnison, Longoria, and Scott voting "No." Mayor Neal called for a brief recess. Upon reconvening, he called for public comment. Mr. Jack Gordy, 310 Norton St., commented on the increase in the Mayor and Council membem' car allowance reimbursement. He said that according to the appraisal district's records, some Council members are violating state law with regard to rendition of their property for tax Minutes - Regular Council Meeting November 13, 2001 Page 16 purposes. He said only three of them had turned in their names and vehicles to the appraisal district. Mr. Gordy also said the Mayor had directed the City Manager to enfome the sign ordinance and them are many political signs on SPID and Crosstown that have been erected too soon. Mr. Jimmie Till, 6034 Lost Creek, thanked the Mayor, Council, city staff and anyone who participated in the Veteran's Day ceremony at Sherriil Park. He also commented on a sign that had been erected in the parking lot of the Arts Center that restricted parking to the center's use. Mr. Till said he thought the city was part owner of the property and he expressed concern about that issue. Mayor Neal opened discussion on Item 18, use of the multipurpose arena. Mr. Noe said this proposal is the result of a dialogue with Texas A&M University-Corpus Christi (TAMU-CC) and SMG, the arena management company. He said the university requested this resolution as an interim statement of policy that will eventually be replaced by a detailed long-term agreement. Mr. Noe said the basic provisions of~e resolution are that the university will be designated as an anchor tenant of the arena and have input into the t~acility design, and that the city will be a party to negotiations that will allow TAMU-CC's program to be successful within the financial viability of the arena. Council Member Kinnison asked if the city intends to have more than one anchor tenant. Mr. Noe replied affirmatively, saying that the agreement with SMG defines a "major user" as an entity that uses 30 or more dates per year. Mr. Kinnison said he hopes the amount of booking dates is not the only criteria; there may be a user that only books 12 to 15 dates but sells 8,500 to 10,000 seats. Responding to Council Member Longoria, Mr. Noe said this proposal is an interim policy until the formal agreement is reached. He said only the agreements with major users (the university and possibly a hockey team) will involve both the city and SMG; all other agreements will be negotiated directly by SMG. Council Member Scott thanked Dr. Robert Ferguson and Mr. Ray Hayes for their support of the arena and Mr. Noe tbr his efforts. Mayor Neat called for public comment. Dr. Robert Ferguson, President of TAMU-CC, expressed his support for the proposal. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 024660 Resolution designating Texas A&M University-Corpus Christi as an anchor tenant in the Multipurpose Arena and expressing the City's intent to negotiate a fair lease agreement for use of the arena by the University. Minutes - Regular Council Meeting November 13,2001 Page 17 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 19, North Padre Island Nourishment Project. Council Members Kelly and Garrett said they would be abstaining fi.om this item. Assistant City Manager Tom Utter explained that $15 million was appropriated during the 2001 legislative session for the Coastal Erosion Planning and Response Act and city staffsubmitted project summaries for the following proposals: North Padre Island nourishment; Sunfish Island renourishment; McGee Beach nourishment; and North Beach erosion control. Mr. Utter said the proposed resolution nominates the North Padre Island nourishment project as the city's first priority. Council Member Scott referred to a letter that Senator Carlos Truan wrote to the General Land Office (GLO). He said the Senator asked the GLO to not support the North Padre Island project because the city is using sand as its in-kind match. Mr. Utter replied that the grant requires a 15% local match, which would be $450,000 of the $3 million total project cost. He said the $450,000 would be provided by the Corpus Christi Reinvestment Zone #2 (tax incremental financing district approved by city voters). In addition, the city states that there will be beneficial use of dredge material from the North Padre Island flood protection and environmental restoration project. Responding to another question fi.om Mr. Scott, Mr. Utter said that Corpus Christi and Nueces Bay received a total of about $3.9 million during the last round of funding. Mr. Scott said that with the exception of Senator Truan, the area's U.S. and state legislative delegation members support the North Padre Island project, as have the voters. Council Member Chesney said be has written a letter to Senator Truan expressing his disappointment in the Senator's letter to the GLO, and he asked Mr. Utter what effect the Senator's actions will have. Mr. Utter said that in terms of this application, there will not be much effect on the federal level but there may be an effect on the state level because Senator Truan is very influential and is dean of the Senate. Council Member Noyola said it was the tax incremental financing district--not Packery Channel--that was approved by the voters. Mr. Chesney said he disagreed with Mr. Noyola's assessment. There were no comments fi'om the audience. City Secretary Chapa polled the Council for their votes as follows: 19. RESOLUTION NO. 024661 Resolution nominating the North Padre Island Nourishment Project as the City's first priority under the State Coastal Erosion Planning and Response Act. The foregoing resolution passed by the following vote: Neal, Chesney, Colmenero, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining. Minutes - Regular Council Meeting November 13,2001 Page 18 Mayor Neal opened discussion on Item 20, Central Power and Light (CPL) franchise extension. There were no comments from the audience. City Secretary Chapa polled the Council: 20. FIRST READING ORDINANCE Ordinance granting a one-year franchise extension to Central Power and Light Company for provision of light, heat and power. The foregoing ordinance passed on first reading by the following vote: Neal, Chesney, Colmenero, Garrett, Kinnison, Longoria, and Noyola voting "Aye"; Kelly and Scott absent. Mayor Neal opened discussion on Item 21, Corpus Christi Police Officers' Association (CCPOA) agreement. Mr. Noe explained that on February 27, 2001 the Council authorized the execution of an agreement with the CCPOA covering the period from August 1, 2000 through July 31, 2002 with no change in compensation during FY 2000-01 and a "reopener" covering wages and health insurance in FY 2001~02. Mr. Noe said the key provisions in the reopener agreement are: 3% across-the-board wage adjustment retroactive to August 1, 2001; 2.25% adjustment effective March 1, 2002 (plus a captain's adjustment); an increase of $25,000 in the city's contribution to the Police Officer's Association Trust, which is predominantly used to pay for retiree insurance pa~vments; and an increase in the city's contribution for supplemental insurance effective March 1, 2002. He said there are also insurance benefit adjustments and a premium increase of 16.38%. He said the financial impact of the proposed agreement is about $1.18 million, which was built into the current budget. He said the CCPOA members ratified the agreement on November 9, 2001. There were no comments from the audience. On behalf of the Council, Mayor Neal thanked all those involved for their efforts on this agreement. City Secretary Chapa polled the Council for their votes as follows: 21. RESOLUTION NO. 024662 Resolntion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Police Officers' Association (CCPOA) regarding wages and health insurance issues during FY2002 pursuant to the mopener in the current collective bargaining agreement which expires on July 3 I, 2002. The foregoing resolution passed by the following vote: Neal, Chesney, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Colmenero and Garrett absent. Minutes - Regular Council Meeting November 13, 2001 Page 19 Mayor Neal opened discussion on Item 22, ad valorem taxation of leased motor vehicles. City Attorney Bray explained the agenda states that the Council can reconsider an item from the prior week's meeting but the prior item is not explicitly posted. In this case, during the Council's October 30, 2001 meeting they reconsidered their rejection on second reading of the ordinance continuing ad valorem taxation of leased motor vehicles and passed the ordinance on second reading. Mr. Bray said the Open Meetings Act states that the subject matter of an item has to be posted and he is not aware of this particular issue having been dealt with by the Attorney General or a court. He said some concern was raised about passing the motor vehicle ordinance as a reconsidered item and, in an abundance of caution, he recommended that the item be brought back with an explicit agenda posting for the Council's approval. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. ORDINANCE NO. 024652 Ordinance providing for continuation of Ad Valorem Taxation of leased motor vehicles. An emergency was declared and the foregoing ordinance passed by the following vote: Chesney, Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Neal voting "No"; Colmenero absent. Mayor Neal opened discussion on Item 23, special events reimbursement policy. Mr. Mark McDaniel, Director of Management and Budget, provided a historical perspective on the policy, saying that in 1991 the Park and Recreation Adviso~ Board approved a departmental special events policy and in 1998 the Council authorized phased-in billing to special events for full reimbursement of city services. In 2000 Bayfest and Buccaneer Days executed five-year lease a~eements with the city. He said the current policy details administrative procedures and requirements for permitting, contracting and facility rental. The policy specifies that event organizers are required to pay for all direct city services provided, with the public safety requirements determined by the Chief of Police. Mr. McDaniel then summarized the Bayfest and Buccaneer Days agreements: events will reimburse for all costs of city services; police overtime cost reimbursements were phased in, reaching 100% in 2001; and the agreements will expire after 2004. He reviewed a chart of figures provided by Bayfest and Buc Days organizers indicating that for 2001, Bayfest's expenses were over $1 million with 3% of that for city services and 1% for off-duty security. Buc Days spent about $741,000 with 5% spent on city services, 2% on city facility rental, and 1% on off-duty security. Mr. McDaniel said staffwas recommending that the Council approve the resolution in order to reaffirm the current practice and existing contracts to require full reimbursement of all city costs; extend the practice of"ramping up" billing for reimbursements to newly established community events; and continue to recognize an exception for city-sponsored events. Mayor Neal called for public comment. Minutes - Regular Council Meeting November 13, 2001 Page 20 Mr. Vic Menard, Ms. Sherd Rumley and Ms. Sarah Morrison all discussed the benefits and nature of the Bayfest festival, which celebrated its 25th anniversary in 2001. Mr. Menard said Bayfest is a signature event for Corpus Christi and he described the positive economic impact it has on the city. Ms. Rumley discussed the financial assistance that Bayfest provides to many non-profit organizations (80% of the monies go back to those groups). She said it is a clean, fun, family- oriented event. Ms. Morrison pointed out that last year the festival brought $2.3 million to the local economy and she discussed several other positive effects of Bayfest. Council Member Longoria asked if the festival organizers would be open to the idea of the city splitting the police charges with them. Mr. Menard said that would be a good beginning. Mr. Mike Yankee, President of the Buccaneer Commission, said that Buc Days has consistently been losing money over the last four years, which coincides with the time period of the policy assessing city fees. With regard to Buc Days' community impact, l~fi'. Yankee said the PRCA rodeo is ranked sixth in the nation; the night parade is viewed by 200,000 people; and Buc Days draws over 146,000 visitors from out of town (with a total attendance of over 743,000). In addifion, the commission co-sponsors 27 festivals and events. He said the economic impact of the festival includes about $629,000 in total taxes collected, with $6.7 million in business and restanrant sales and $5.9 million in hotel/motel sales. Mr. Alex Garcia and Mr. Mike Carrell said they were asking the Council to reconsider the city costs that are charged to the festivals in light of their economic impact. Mr. Longoria made a motion that the city establish a uniform policy for reimbursement of city services that will apply to all special events. He said the reimbursement amount for police services would be decreased from 100% to 50%. The motion was seconded by Council Member Scott. Council Member Kinnison spoke in favor of the motion. Responding to Mayor Neal, Mr. McDaniel said Bayfest and Buc Days are the only two non- profit evems that the city receives billing for crowd control inside their gates; the for-profit facility in that category is Concrete Street Amphitheater. A discussion ensued about the definition of signature and for-profit/non-profit events. Mr. Longoria restated his motion as follows: a motion to amend Item 23 to amend the policy to decrease the cost of police reimbursement from 100% to 50% for non-profit special events beginning January 1, 2002. City Secretary Chapa polled the Council on Mr. Longoria's motion to amend and it passed by the following vote: Neal, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney and Garrett abstaining. Mr. Chapa polled the Council as follows: 23. RESOLUTION NO. 024663 Resolution establishing a policy for reimbursement of City services associated with special events. The foregoing resolution passed by the following vote: Neal, Colmenero, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney and Garrett abstaining. Minutes - Regular Council Meeting November 13, 2001 Page 21 Mayor Neal announced the executive sessions, pursuant to Texas Government Code Section 551.071, regarding the following: 24. City of Corpus Christi v. Texas Municipal League Intergovernmental Risk Pool and Texas Municipal League Joint Self Insurance Fund, No. 01-00327-D, 105th District Court, Nueces County, Texas, with possible discussion and action related thereto in open session; 25. 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. The Council went into executive session. The Council returned from executive session. Mayor Neal called for the City Manager's report. Mr. Garcia referred to a memo distributed to the Council which stated that the combined reservoir level was at 40.4%. He said the city has an agreed order with the Texas Natural Resource Conservation Commission which provides that when the 40% level is roached, the drought contingency plan is automatically enacted. One element of that plan is to prohibit lawn watering between 10 a.m. and 6 p.m. He said items scheduled for the November 20th meeting include the beach cleaning contract with Nueces County and quarterly updates on the budget and the health insurance program. He said the remaining meetings for 2001 are December 1 lth and December 18th. Mayor Neal called for Council concerns and reports. Mr. Longoria asked about a fireworks display that was held on November 1 lth at Cole Park. Mr. Garcia said a permit was required. Mr. Longoria asked staff to review that policy, saying that he felt it was too close to the neighborhoods in the area. Mr. Chesney referred to a memo he had given the Council regarding his attempt to start a "Friends of the Park" program, which has been successful in other cities. He thanked the students at Club Estates for inviting him to their "Reader Leader" program and he apologized if any of his comments during the dues check-off issue were found to be offensive. Mr. Scott asked if the Council would be receiving a presentation on the Animal Control facility. Mr. Garcia said staff can provide one if they wished. Mayor Neal said the Council needs to be kept abreast of the issue. Mr. Scott said he attended a South Texas Military Affairs Task Force meeting and he asked if the same presentation can be given to the Council. Mr. Colmenero asked staffto provide an update on the condition of the city's parks as well as input on a way to prioritize capital improvement projects. He also suggested that the Council have a joint session with the Regional Transportation Authority Board. Mr. Noyola thanked the Moody Civic-Minded Students for their participation in the Council meeting and he thanked staff for providing them with information. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 7:40 p.m. on November 13,2001. 2 AGENDA MEMORANDUM RECOMMEDATION: Motion approving the purcl~ase of one (1) prisoner transport vehicle from the Houston-Galveston Area Council of Government (HGAC), for the total amount of $33,487.36. The award is based on the cooperative purchasing agreement with HGAC. This vehicle will be used by the Police Department. Funds ;irc available through the 1999 Law Enforcement Block Grant. This item is a replacement to the fleet. BACKGROUND: Purpose: This vehicle will be used by the Police Department to transport prisoners from crime scenes to the County jail. Award Basis: The purchase is made through the cooperative pnrchasing agreement with Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participating members through the inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price History: The last purchase of a similar vehicle was in 1999 fbr a cost of $32,969.20. Funding: Law Enforcement Block Grant 550020-I 050-820899 Michael'Barrerfi, ~'.P.M. Procurement & General Services Manager $39,000 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the City Manager or his designee to execute a maintenance agreement with Avnet Enterprise Sokttions, Austin, Texas for hardware and operating system maintenance and support on the City's Cisco network equipment in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $50,427.81. Purpose: In July 1998, City Council authorized the purchase of networking eqnipment consisting of routers, switches and associated Cisco hardware and software under the State of Texas Qualified Information Technology Vendor (QISV) program. The equipment was purchased to provide the infrastructure to support the new Year2000 compliant computer systems. Since its purchase, we have maintained an annual support agreement. This requested motion covers the equipment for the current fiscal year. Basis of Award: State of Texas Cooperative Purchasing Program-Qualified Information Systems Vendor. Funding: MIS Operating Budget 520230-5210-40480 $60,000 FMrioCpu~;elX2earTes~'G eC~n e 'm~ 'S e r v i c e s Manager 4 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the City Manager or his designee to execute a maintenance and licensing agreement with SHI-Government Solutions, Austin, Texas tbr Novell NetWare Operating System. Novell GroupWise and Novell ZENWorks in accordance with the State of Texas Cooperative Purchasing Program for a total amount of $64,619.61. Purpose: The Master Licensing Agreements (MLA) for Novell NetWare Operating System and Novell GroupWise will continue licensing the City's network operating system and e-mail system for the next twelve months. The MLA's provide lbr software upgrades and technical support, at no additional cost to the City, throughout the term of the agreement. Novell ZENWorks is a network management MLA that enhances the City's troubleshooting capability and substantially decreases the amount of time required to resolve software problems. Basis of Award: State of Texas Cooperative Purchasing Program-Qualified Information Systems Vendor. Funding: MIS Operming Budget 530000-5210-40480 530000-5210-40420 era, C P.t{d Procurement & General Services Manager Total $46,619.6I 18,000.00 $64,619.61 Request Council Action: 11/20/01 Alternate Date: 11/27/01 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Ferguson Enterprises Inc., Corpus Christi, Texas for approximately 2,974 ductile iron mechanical joint, flanged and swivel fittings and approximately 5,100 related accessories in accordance with Bid Invitation No. BI- 0017-02, based on total low bid for an estimated annual expenditure of $31.031.80. The term of the contract is tbr twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the contractor and the City Manager, or his designee. These items are purchased into the Warehouse Inventory and charged out to the Water and Wastewater Departments. BACKGROUND: Purpose: These items are used by the Water and Wastewater Department for construction and maintenance of utility lines. Previous Contract: The option to extend the current contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid Invitations issued: Fourteen Bids Received: Three Price Analysis: Pricing has increased 12% since the last contract of 2000. According to the vendor, the increase is due to the rising cost in material and shipping. Award Basis: Total Low Bid. Ferguson Enterprises Inc. of Corpus Christi, Texas qualified their bid as "all or none". When compared to a line item group award to Hughes Supply Inc.. San Antonio, Texas and U S Filters, Corpus Christi, Texas, Ferguson's bid is high by $37.62. The $37.62 difference does not justify awarding and administering two separate contracts. Funding: Warehouse $ 31,031.80 Mich'~ckl Barrer~. ~. P. M. Procurement and General Services Manager BID TABULATION BI-0017-02 DUCTILE ~RON MECHANICAL JOINTS. FLANGED OR SWIVEL FITTINGS AND MECHANICAL JOINTS ACCESSORIES 2,974 ductile iron mechanical joint, flanged and swivel fittings 5,100 accessories CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: GABRIEL MALDON/-..90 Description 1. FLANGED FITTINGS (all ends flanged) 2. SWIVEL JOINT HYDRANT FITTINGS 3. BENDS 4. OFFSETS (nominal diameter x offset) 5. MJ CAPS and PLUGS 6. REDUCERS 7. MJ x MJ SOLID SLEEVES (pipe size x length) 8. MJ TEES (all ends M J) (run x branch) 9. MJ DUCTILE IRON RETAINER GLANDS for ductile iron pipe. EBAA Iron Sales series 100 or equal. 10. MJ ACCESSORIES Accessory pack consists of gasket, gland, bolts and nuts. (1) Ferguson Enterprises Inc. Corpus Christi, Texas Extended Price $374.20 3,409.01 4,217.09 1,271.94 1,782.23 103.92 2,740.40 307.76 7,107 60 9,717.65 Hughes Supply, Inc. J.S. Filters San Antonio, Texas ;orpus Christi, Texas Extendeq Extenaed Pdce Price (2) $364.00 $389.10 (2) 3,338.20 3,524.63 (2) 4,10325 4,061.41 (2) 1,237.04 1,322.53 (2) 1,736.35 1,716.70 (2) 101.45 100.38 (2) 2,67075 2,639.45 300.00 (2) 7,250.00 (2) 296.4O 7,648.35 (2) 10,263.25 9,990.60 Total Low Bid (1) $31,031.80 $31,36429 $31,68955 (1) Ferguson Enterprises Inc., of Corpus Christ~ Texas qualified their bid as an "all or none (2) When compared to a line item group aware to Hughes Supply Inc San Antonio Taxas z~d U S Filters, Corpus Christi, Texas, Ferguson's bid is high by $37 62 The $37.62 difference ctoes nc: ;stify awarding and administering two separate contracts. 6 AGENDA MEMORANDUM November 20, 2001 SUBJECT: Lift Station Improvements and Carolyn Heights Diversion to Greenwood WWTP- 30" line (Project #7196) Acquisition of Parcel 8b AGENDA ITEM: Motion authorizing the acquisition of Parcel 8b, out of Lot 19, Block 7, Saratoga Place Subdivision in the amount of $28,000 from the owner Greg Voisin, Trustee in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood VVWTP -30" line, Project #7196. ISSUE:. The Carolyn Heights Diversion to Greenwood VVWTP project calls for the acquisition of 16 parcels composed of utility and construction easements. A total length of approximately 18,000 linear feet of easement acquisition is required between Greenwood Drive and Carroll Lane. City staff has negotiated for the acquisition of Parcel 8b, which contains _+413 linear feet of easement or approximately 2% of the project. Approval for the acquisition of this parcel is requested. REQUIRED COUNCIL ACTION: Real Estate Sales Contracts and easement instruments with acquisition costs in excess of $25,000 require City Council approval. RECOMMENDATION: Approval of the motion as presented. ~-~1~-. Angel R. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Location Map Information Summary H:\HOME\EUSEBIOG\GEN~Agenda Items\Carolyn Heights Oiv,Voisin~Agenda Memorandum,doc BACKGROUND INFORMATION SUBJECT: Lift Station Improvements and Carolyn Heights Diversion to Greenwood WWTP - 30" line (Project #7196) Acquisition of Parcel 8b PRIOR COUNCIL ACTION: Auqust 18, 1998 - Motion authorizing the City Manager to execute a contract for engineering services with Goldston Engineering, Inc. for a total fee not to exceed $187,800 for: (a.) Kostoryz Rd. Utilities Adjustment (#7048), (b.) Kostoryz Rd. - SPID to Holly Rd. Drainage Imp. Study (#2038), and (c.) Lift Station Imps. & Carolyn Heights Diversion to Greenwood VVVVTP (#7109) projects. M98-284. October 17, 2000 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 for Stage 2 services to the engineering contract in the amount of $565,865 with Goldston Engineering, Inc. for the Lift Station Imps. & Carolyn heights Diversion to Greenwood VWVTP project (#7109). M2000-373. October 23, 2001 - Motion authorizing the acquisition of Parcel 12, out of Lot 5, Section 8, Bohemian Colony Lands, in the amount of $33,475 from the owner Mar[ha G. Spear in connection with the Lift Station Improvements and Carolyn Heights Diversion to Greenwood VVWTP - 30" line (#7196). M2001-399. FUTURE COUNCIL ACTION: Council will be required to: authorize the award of future construction contracts and amendments; and authorize the approval of any other parcels in the project where acquisition cost exceeds $25,000; and authorize the condemnation of any parcels where negotiations have reached an impasse. OVERVIEW: Backqround: A number of Stormwater and Wastewater projects were approved by the City Council in the 1997-98 Capital Improvement Program. These projects addressed needed improvements and enhancements to the City's basic infrastructure components. This wastewater project, which is part of the Wastewater facilities Master Plan, will be implemented in two stages. Stage One of this project provides for the elimination of three lift stations (Carolyn Heights, Cresmont and Saratoga Place) and for the construction of gravity lines to the Kostoryz lift station. Stage Two will include the rehabilitation of the lift station at Kostoryz Road, installation of a force main from the lift station towards Ayers Street, Exhibit A Page 1 of 2 and for construction of a gravity line from the Greenwood Wastewater Treatment Plant to Ayers Street along Saratoga Boulevard. Parcel Information: Parcel 8b is a strip of land located at the east comer of Saratoga Boulevard and the Crosstown Extension. The pamel is northwest of and adjacent to a Terminex International office facility whose address is 2230 Saratoga Boulevard. The pamel is taken from Lot 19, Block 7, Saratoga Place Subdivision as shown on the attached Council Exhibit "B". The pamel consists of a 30-foot wide by +413-foot long utility easement containing approximately .284 acres or 12,382 square feet. The parcel is being acquired for the construction and installation of a 12" diameter PVC wastewater line necessary for this project. H:\HOME\EUSEBIOG\GEN~Agenda Items\Carolyn Heights Div. Voisin\Background.doc Exhibit A Page 2 0£2 File : \Mproject\londocqexhibits\exh7196. dwg I e "~ ~ BOHEMIAN COLONY LANDS SUBJECT I I UTILHY ! voL. A , PA~£ 48 I ~ EASEMENT b ........ n' U.~'.~.C.T. ~ ~TOGA BL~. ( STATE H~. 557 ) 120' R.O.W. ~oject ~7196 - C~ol~ Heigh~ Dive. ion to Ci~ Co~cil Exhibit ~cenwood ~ 2000ss ~t of~n~g S~c~ P~cel 8b Uffii~ Emement Dam: 11-06-2~1 ci~ of Corm ~sfi, Tex~ P~e: 1 of 1 EXHIBIT ' B' INFORMATION SUMMARY LIFT STATION IMPROVEMENTS & CAROLYN HEIGHTS DIVERSION TO GREENWOOD WWTP - 30" LINE (Project 7196) PARCEL 8b - Utility Easement Owner: Greg Voisin, Trustee Location: East corner of Saratoga Boulevard and Crosstown Extension N.W. of and adjacent to the Terminex office at 2230 Saratoga Zoning: I-2, Light Industrial District Parcel Size: 12,382 s.f. (.284 ac.) Platted: Yes Tax Value (NCAD): $17,576 or $1.00 per square foot. Appraiser: Appraised Value: Negotiated Price: Thomas F. Dorsey, CRE, MAI $28,000 or $3.00 per square foot. $28,000 H:\HOME\EUSEBIOG\GEN~Agenda Items\Carolyn Heights Oiv,Spear\lnformation Summary.doc Exhibit C 7 AGENDA MEMORANDUM DATE: November 13, 2001 SUBJECT: Wastewater Microwave Communication System (Project No. 7100) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Rabalais Electdc Constructors in the amount of $1,184,690 for the Wastewater Microwave Communication System. ISSUE: The existing communication system used to monitor the City's treatment plants and lift stations has deteriorated over time with constant exposure to the outdoor elements. Replacement with a new Supervisory Control and Data Acquisition (SCADA) System is necessary to efficiently optimize operation and maintenance of wastewater facilities. FUNDING: Funds for this project are available from the FY 2000-2001 Wastewater Capital Improvements Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell, Wastewater Superintendent '~ti~l R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Background information Exhibit"B" Project Budget Exhibit "C" Bid Tabulation Exhibit "D" Location Map BACKGROUND INFORMATION SUBJECT: Wastewater Microwave Communication System (Project No. 7100) PRIOR COUNCIL ACTION: 1. February 9, 1999 - Motion authorizing the City Manager, or his designee, to execute contract for engineering services with Bath Engineering, Inc. for a total fee not to exceed $124,816 for the Wastewater Microwave Communication System (Motion No. M99-041). 2. December 14, 1999 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the contract for professional services with Bath Engineering, Inc. in the amount of $370,942 for Stage 2 engineering services for the Wastewater Microwave Communication System (Motion No. M99-421). 3. Auqust 22, 2000 - Ordinance approving FY 2000-2001 Capital Improvement Budget (Ordinance No. 024162). PRIOR ADMINISTRATIVE ACTION: 1. February 22, 2001 - Executed Amendment No. 2 with Bath Engineering, Inc. for the Wastewater Microwave Communication System in the amount of $6,300, for a total restated fee of $502,058. PROJECT BACKGROUND: The Wastewater Department currently utilizes a 456 megahertz communication system to monitor six (6) treatment plants and eighty-seven (87) lift stations. The system has deteriorated over time and with constant exposure to the outdoor elements. The system's reliability must be improved to allow the most efficient operation and maintenance of wastewater facilities. The proposed system will serve as the new Supervisory Control and Data Acquisition (SCADA) System for the Wastewater Department. The new microwave communication system will be capable of controlling and monitoring status conditions of pumps, motors, levels, and security conditions at the various sites. Bath Engineering Corp. was selected as the consultant through the City's formal Request for Proposals (RFP) process and has completed work on the Stage 1 preliminary phase of the project. Stage 1 services included a thorough analysis of the existing communication equipment and system architecture and the development of a conceptual design approach to accommodate for future expansion of proposed improvements. Stage 2 design phase services of the project is complete and the City's consultant considered the following parameters: the need to optimize system reliability; ease of operation and maintenance; H:~HO M E~VEL MAR~GE N~WASTEWAT~7100~,GENDA BACKGROUND EXHIBIT "A" Page 1 of 2 5. 6. 7. requirement to control, monitor, and have alarm status capabilities for manned and unmanned facilities in a 24-hour operation; requirement for distributed, networked intelligence amhitecture to safeguard against faults, interruptions, and system operation in the event of partial failures; construction sequencing issues; permitting and regulatory requirements; and coordination with City departments. The proposed project addresses over ninety (90) citywide sites. Each site is unique and requires documentation of site-specific equipment locations, widng terminations, above- and below- grade obstructions. In addition to documenting existing conditions, the rehabilitative nature of this project requires the consultant to develop a sequencing schedule so the existing system remains operational during construction activities. Also, the proposed project design requires specialized engineering expertise to address the large volume of extremely detailed work involved. Approximately 30% more engineering time has been utilized to complete this project as compared to a typical civil engineering project. PROJECT DESCRIPTION: The project consists of replacing the existing wastewater monitoring and alarm analog radio telemetry system for eighty-seven (87) lift stations and six (6) wastewater treatment plants. The new system will consist of a Supervisory Control and Data Acquisition (SCADA) system utilizing new remote terminal units (RTU), new Multiple Address System (MAS) digital radio communication equipment, and two Master sites with Graphic Human-Machine Interface (HMI) operator stations. BID INFORMATION: The project consists of a lump sum Base Bid; and the City received proposals from seven (7) bidders on October 3, 2001. See Exhibit "C" Bid Tabulation. The bids range from $1,138,000 to $2,617,556. The Engineer's estimated construction cost for the project is $1,325,800. After further review of the contract requirements, the apparent Iow bidder (BW Electric, Inc,) requested to withdraw their bid and that the bid bond be released. The City's consultant, Bath Engineering, Inc., recommends the contract be awarded to the second Iow bidder, Rabalais Electric Constructors. Based on the request by BW Electric, City staff recommends that the Bid Bond submitted by BW Electdc by returned to BW Electdc and not be forfeited. CONTRACT TERMS: The contract specifies that the project will be completed in 365 calendar days, with completion anticipated by the end of January 2003. FUNDING: Funds for this project are available from the FY 2000-2001 Wastewater Capital Improvements Budget. H;tH OME~VE LMA R'tG EN~WASTE'WAT~7100'~ G E N DA BACKGROUND EXHIBIT "A" I Page 2 of 2 WASTEWATER MICROWAVE COMMUNICATION SYSTEM Project No. 7100 PROJECTBUDGET November 13, 2001 UN AV : Wastewater CIP ..................................................................... $ 1,872,217.00 FUNDS REQUIRED: Construction (Rabalais Electric Constructors) .............................. $ 1,184,690.00 Contingencies (10%) ............................................................... 118,469.00 Consultant (Bath Engineering) ................................................... 502,058.00 Testing ................................................................................. 12,000.00 Engineering Reimbursements ................................................... 35,000.00 Administrative Reimbursements ................................................ 15,000.00 Incidental Expenses (Printing, Advertising, etc.) ........................... 5,000.00 Total ..................................................................................................... $ 1,872,217.00 H:V-IOME/VELMAR~GEN/WASTEWAT~71001PROJECT BUDGET IEXHIBIT "B" Page 1 of 1 I 'I ARITAI'ION IIF BIDS DEPART NIENIOF ENGINEVIUNG - PITY IIF CORPI I51'11R151'I. TEXAS TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services DATE: Wednesday, October 3, 2001 TIME OF COMPLETION: 365 Calendar Days Page I of 2 ENGINEER'S ESTIMATE: $1,325,800 Wastewater Microwave Communication System Project No. 7100 BW Electric, Inc. P.O. Box 260303 Corpus Christi, Tx. 78426 rP Rabalais 1&E P.O. Box 10366 Corpus Christi, i�x. 78460-0366 Boyer, Inc. 9318 Reid Lake Houston, Tx. 77064 Crouch Industries 1106 Smith Rd. Ste 100 Austin, 7'x. 78721 BID DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNI "r PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT ITEM 1. SCADA System: This project I LS 1,120,000.00 1,172,190.00 1,269,493.00 1,306,075.00 consists of replacing existing wastewater monitoring and alarm system for 87 lift stations and 6 wastewater treatment plants with a new Supervisory Control and Data Acquisition (SCADA) system consisting of RTUs, new radio communication system, and Day/Night Master sites with Graphic HMI systems. 2. SCADA documentation and I LS 18,000.00 12,500.00 7,500.00 13,000.00 training complete in place per lump sum. TOTAL BASE RID: $1,138,000.00 $1,184,690.00 $1,276,993.00 $1,319,075.00 31 1 tl 1 �X to = W W O 1 N n 'I Alit LAI ION UP BIDS DEPARTMENT OF ENGINEERING -CI FY OF COIL I'US CHRIST I,'1'EX4S I'ABULA'1'ED Bl': Angel R. Escobar, P.E., Director or Engineering Services DATE: Wednesday, October 3, 2001 TIME OF COMPLETION: 365 Calendar Days Page 2 0l 2 ENGINEER'S ESTIMATE: $1,325,800 Wastewater Microwave Communication System Project No. 7100 BL Technology, Inc. 13171 Misty Willow Dr. Houston, Tx. 77070 Automated Concepts 7801 N. Lamar Blvd. D-103 Austin, Tx. 78752 Strains Global Communications 1710 W. Willos Scott, La. 70583-8510 UID ITEM DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT I. SCADA System: This project I LS 1,313,850.00 1,490,800.00 2,359,556.00 consists of replacing existing wastewater monitoring and alarm system for 87 lib stations and 6 wastewater treatment plants with a new Supervisory Control and Data Acquisition (SCADA) system consisting of RTUs, new radio communication system, and Day/Night Master sites with Graphic HMI systems. 2. SCADA documentation and I LS 69,150.00 18,200.00 258,000.00 training complete in place per lump sum. 'rQTAL BASE BID, $1,383,000.00 $1,509,000.00 $2,617,556.00 \ Mproject \ councilexhiblts \ exh 7100. dwq So~n P~rlclo Coun'~y ALLISON WASTEWATER TREATMENT PLANT 4101 AL[JSON DR. N NUECES BAY BROADWAY WASTEWATER TREATMENT PLANT 1402 w, BROADWAY CORPUS CHRIS~ BAY Nuece$ County OSO WASTEWATER TREATMENT PLANT 501 NILE DR. GREENWOOD WASTEWATER TREATMENT PLANT 1541 SARATOGA BLVD. LAGUNA MADRE LAGUNA MADRE WASTEWATER TREATMENT PLANT 201 JESTER WHITECAP WASTEWATER TREATMENT PLANT 13500 WHITECAP BLVD. GULF OF MEXICO PROJECT AREA MAP NOT TO SCALE PROJECT No. 7100 EXHIBIT "D" 8 AGENDA MEMORANDUM November 20, 2001 AGENDA lTEM: Motion authorizing the City Manager or his designee to execute a Depository Contract with Frost National Bank to provide depository services for City funds. ISSUE: The City has a continuous need for a full service commercial depository to provide depository services for the City's funds. The current depository services contract is with Frost National Bank and expires on December 31, 2001. REQUIRED COUNCIL ACTION: Chapter 105 of the Texas Local Government Code requires the governing body to authorize the depository services contract. Council approval is required for all conU'acts over $25,000. RECOMMENDATION: Approval of the motion. Director of Financial Services Attachments: Background Information Summary of Comparative Pricing Depository Services Contract BACKGROUND INFORMATION The City aggressively manages cash flows through electronic cash management services such as controlled disbursements and lockbox reporting. These two services provide key pieces of information in determining the City's cash forecast. Receipt of this information by 10:30 a.m. each working day is critical to maximize interest income. Customer service is impacted by the location of the lockbox service. The current lockbox service is in San Antonio and offers same day delivery time. Therefore, the City's customers receive payment updates by noon each day. State law allows cities to enter into a depository contract for up to five years. The City's current depository contract is with Frost National Bank and was approved on May 19, 1997. A tong-term conmict is recommended due to the volume of the City's daily deposits and the time it would take for a transition to a new depository bank. Additional training is also required on the new depository bank's system for performing wire transfers, and obtaining bank balances, controlled disbursements, and lockbox totals, and other types of collective information. On August 24, 2001, the City issued a Request for Applications (RFA) for the performance of depository services for City funds for the initial period of January 1,2001 through December 31, 2003. The respondees were Frost National Bank, Bank of America, Wells Fargo Bank, and Nueces National Bank. An evaluation team consisting of the City Treasurer, Investment Analyst, Procurement and General Services Manager, Assistant City Attorney, PeopleSot~ Systems Analyst and Manager of Safety and Risk Management evaluated the four proposals received based on selection criteria specified in the RFA. Seventy percent of the RFA criteria focused on cost of services, cut-off times, location, funds availability, and electronic cash management services. Frost National Bank and Bank of America were within a few thousand dollars in cost of depository services. However, Frost National Bank's lockbox is located in San Antonio and offers same day service; Bank of America's lockbox is located in Dallas which would increase the time of processing payments and updating customer accounts. The additional cost of printing new checks and deposit tickets and associated administrative cost of making changes would negate the very small difference realized with Bank of America. Wells Fargo Bank s cost of sermces was s;~ficanfly greater than Bank of America s or Frost National Bank's. Nueces National Bank proposed an altemative bid based on compensating balances and their proposal involved substantial interest rate risk for the City because it was contingent on the direction that the Federal Reserve takes in regulating short-term rates. Nueces National Bank also did not meet the depository interact requirements. Thirty percent of the RFA criteria focused on daylight overdrafts, stop payments, bank account reconciliation, direct deposit of payroll, backup arrangements, and problem resolution. All four proposals were comparable in these areas. A recap by thc evaluation team scored the proposals as follows: Proposing Bank Score Frost National Bank 95 Bank of America 90 Wells Fargo Bank 79 Nueces National Bank 55 Summary of Comparative Pricing An analysis of the four proposers pricing is presented below: Service Frost Bank of Wells Fargo Nueces National National America General Account 16,435 16,910 31,752 * Lockbox 128,368 120,704 207,595 119,928 Depository 70,602 72,287 71,959 * Disbursement 7,807 5,618 9,014 * Reconciliation 5,204 5,804 16,044 * ACH 4,793 2,619 8,267 * Wire Transfers 2,820 2,616 4,183 * Information Reporting 2,760 0 16,960 * Pledged Collateral 0 10,125 9,000 * Safekeeping 11,239 10,222 10,800 * One-Time Set Up Fees 0 0 4,100 * Total 250~028 246,905 389~674 '119,928 *Nueces proposed an alternative to the City's re~ uest: Nueces' proposal of $3,000,000 in compensating balances plus the cost of Iockbox services or $7,000,000 in compensating balances for all services. Nueces' proposal involves a substantial interest rate risk, as it is contingent on the direction that the Federal Reserve will deem necessary in regulating short-term rates. H:WIN-DIR\SHARED\CSHMNGTxDepository Bid Invitation~AGENDA MEMORANDUM.doc 3 Contract Summary Term Services Collateral The term of the contract begins January 1, 2002 and continues until December 31, 2003. The contract may be renewed for three additional option years. The contract outlines the specific depository services to be provided for the City, which include the following: electronic cash management services, automated information reporting, items processing, check sorting, processing of returned items, stop payments, automatic payroll deposit, general wire transfer, account reconciliation, depository reconcilements, lockbox, checking with interest accounts, controlled disbursement accounts, zero balance accounts, night depository, overdraft policy, assignment of a specific depository offifer, and direct debit of utility customers. Article IV of the contract outlines the account transfer requirements. The depository will provide credit card processing services so that the City may accept payments for goods or services by means of credit cards either in person, over the phone, or Internet. Article III of the contract provides that City funds must be continuously secured. The depository must pledge permissible securities equal to the total ledger balance. Only the following types of securities are acceptable by the City to secure City deposits: (1) a treasury note of the United States or other evidence of indebtedness of the United States that is guaranteed as to principal and interest by the United States with a stated maturity date of five (5) years or less; (2) an obligation of an agency of the United States, provided that (i) the market value can be readily established, (ii) the agency note has a stated matUrity date of five (5) years or less, and (iii) the obligation has been approved by an authorized city representative; or (3) Government National Mortgage Association Security (GNMA) of 110% market value up to thirty years or less. Service Fees The service fees will not increase during the term of the contract or option year. Service fees will be offset by the total earnings credit for all City account balances. The depository will invoice the City monthly. H:WIN-DIR~SHARED\CSHMNGT~Depository Bid Invitation~AGENDA MEMORANDUM.doc 4 9 AGENDA MEMORANDUM November 20, 2001 ITEM: Motion authorizing the City Manager or his designee to execute a contract for the collection of delinquent special assessment, demolition, and weed lien accounts with Linebarger, Heard, Goggan, Blair, Graham, Pefia & Sampson, LLP for a fee of 25% of principal and interest collected on delinquent accounts turned over to law firm, plus a $10.00 fee for preparation of liens and reimbursement of incurred recording fees. PRIOR COUNCIL ACTION: · July 19, 2001 - Notice of Intent for Request for Proposal on Collection of Delinquent Accounts, the City requested proposals from qualified local attorneys to perform Collection of Delinquem Accounts. · Advertised in the Corpus Christi Caller-Times on July 28 & August 4, 2001. REQUIRED ACTION: Approve motion authorizing the City Manager or his designee to enter into a contract with the Linebarger, Goggan, Blair, Pefia & Sampson, LLP. This contract begins December 1, 2001 and expires November 30, 2002, with renewal terms for up to three additional one-year periods. RECOMMENDATION: Staff recommends that the City Council approve motion authorizing the City Manager or his designee to execute a contract for the collection of delinquent special assessment, demolition, and weed lien accounts with Linebarger, Heard, Goggan, Blair, Graham, Pefia & Sampson, LLP. ~iri~ru:f- FA~nd~c i~S erv ice s Attachment: Background In/brmation Contract \\CITYHALL02\USERS\BUS-DIR\SHARED\RFP FOLDERLa. genda Item on Cotlxact. DOC BACKGROUND The City currently uses the services of Linebarger, Heard, Goggan Blair, Graham Pefia & Sampson, LLP a local firm to perform collections of delinquent paving assessments, demolition and weed liens, and other assessments. This firm has been handling demolition and special assessment liens lbr the City of Corpus Christi since 1988. During this period, the firm has worked closely with City Staff to develop and implement efficient, reliable procedures to protect the City's interest as well as the rights of the property owners. The Comract stipulates payment to the law firm 25% of principal and interest collected on delinquem accounts turned over to law firm, plus a $10.00 fee for preparation of liens and reimbursement of incurred recording fee. The Contract may be renewed annually for up to three additional one-year periods subject to Council approval. Snmmary of Service~: 2. 3. 4. 5. Prepare and file affidavits of demolition liens and release of liens for the City. Contact delinquem accounts by mall and attempt to induce voluntary paymem. Enforce by suit or otherwise the collection delinquent paving assessments and demolition liens. Inform the City of all accounts placed in litigation and obtain the City's approval on all settlement agreements of any claim, suit or proceeding. File proof of claims, monitor the bankruptcy process, and attend hearing to insure the City's interest are protected with respect to assessments or liens. Pursue post judgement collection up to and including sale of real estates at public auction. Conduct searches for unknown or absentee owners. Prepare and submit monthly progress report and all other reports. \\CITYHALL02\USERS\BUS-DIR\SHARED~P FOLDER\Agenda Item on Contract. DOC LINEBARGER GOGGAN BLAIR PElqA & SAMPSON, LLP Attorneys At Law 500 NORTH WATER STREET, SUITE I I I I CORPUS CHRISTI. TEXAS 78471 Lisa Aguilar Assistant City Attorney City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 (361') 888-6898 FAX (3611 g~,8-440~ November 5, 2001 Emlg: pauic~pubiicaps.com RE: Proposed Contract for the Collection ~)f Delinquent Special A~sessments Dear Ms. Aguilar: As we discussed, enclosed for your consideration and that of the City Council please find two original proposed contracts for the collection of the city's delinquent special assessment accounts. I have signed both originals on behalf of our firm and attached the exhibits referred to in the contract. We look forward to continuing to work closely xvith you and all city departments involved to further refine and augment the efficient and successful collection of the city's delinquent special assessment accounts. Thank you for attention to this matter. hesitate to call me at your convenience. PDC/ml Enc. Should you have any questions, please do not CONTRACT FOR THE COLLECTION OF DELINQUENT ACCOUNTS IN SPECIAL ASSESSMENTS THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT for the collection of delinquent accounts in special aasessme~t~. hereinafter called "ConWact", is made and entered into by and between the CITY OF CORPUS CHRISTI, P.O. Box 9277, Corpus Christi, Texas 79469, a municipal corporation, home nde city, and body politic duly authorized under the laws oft/ac State of Texas, hereinafter called "City", and Linebarger Heard Goggan Blair Graham Pefia & Sampson, LLP, 500 N. Water S~reet, Suite 1111, Corpus Cbaisti, Texas 78403, hereinafter called "Law Firm", based on the consideration and undertaking stated hereim effective for all purposes upon execution by the City Manaser. The City agrees to employ and does here?.,' employ the Law Firm to enforce by suit or otherwise the collection of all delinquem accounts in special assessments levied in connection with weed, demolition, paving liens, other assessments that may be implemented by the City within of this Contract, and any interest owing to the City thereby, hereinafter referred to as "Special Assessments." The City agrees to pay the Law Firm, as compensation for services required under this contract, 25% of all delinquem accounts in Special Assessments, principal, and interest collected during the time period covered by this contract and actually collected and paid to the City during the term of this conuact, as and when collected. All such compensation shall become the property of the Law Firm at the time paymem of the monies is made to the City. The City shall pay over said funds monthly by check and include xxSrh said re,,~uance a collection report summariz/ng those delinquem accounts upon which payment was received by the City. The City authorizes and directs the Law Firm to take all actions which the Law Firm deems advisable to perform the services required under this Contract. The City agrees to pay Law Firm actual mailing costs at rate set out in attached Exhibit 1. The scope of services includes all necessary court appearances, research, investigation, correspondence, preparation and drafting of pleadings and other legal documents, trial preparation and related work necessary to properly represent the City's interests in these matters. Exhibit 1 identifies specific tasks to be performed by Law Firm and fees to be paid by City. Law Firm agrees to provide monthly itemized invoices detailing fees. City will make payment monthly by check. Exhibit 2 identifies specific tasks to be performed by the City. The Law Firm agrees to diligently pursue and collect on behalf of the City any such attorneys' fees as are legally recoverable in connection with amounts stated above. All attorneys' 10~0.141 Novembcr 2, 2001 fees collected shall belong to the City, as reimbursement for compensation paid to the Law Finn. Payment of fees therefore originates from budgeted monies and from acttml funds collected. The Law Firm will invoice City within 15 days after month end for services performed during month. The invoices submitted by Law Firm will contain an itemized list of all services performed during that month, including the legal description o£ the prope~: for which Law Firm's services were provided. The Law Firm is to cull to the attention of the City Accounts Receivable Manager any errors, double assessments or other discrepancies coming under its observation during the prog~ss of the work. Ownership of information acquired by Law Firm belongs to the City, mad Law Firm shall use this information as needed to perform required services. The Law Firm agrees to the payment of all court costs which the City would be legally obligated to pay and which are incurred in the performance of this contract. In this connection, the Law Firm will attempt to collect fi:om the deiinquem property, ovmer all such costs as are assessable against the delinquent property owner. Specifically, the Law Firm agrees to pay any such eo~ts including citations by publication, service costs, and out of state costs if such eolleedan caunot be made from the property owner. The Law Firm agrees to provide the City with written monthly reports that conform with criteria promulgated by the City detailing its activities for the preceding month. Law Farm warrants that its system of collections will perform as indicated in its proposal. Vo The Law Firm a~ees as an objective to contact the person ~vho is legally responsible for the delinquent mounts on an account and induce that person to clear the account as soon as possible. This objective will be met by mailings to delinquent accounts on intervals to be agreed upon by Law Firm and the City. City will reimburse Law Firm for actual cost of mailings. The Law Firm agrees to represent the City in ull bankruptcies, including filing claims, monitoring the bankruptcy process, attending hearings, as necessary, and otherwise insuring the City's interests are protected with respect to the above assessments or liens. The Law Firm agrees to follow the City's instruction x~Sth regard to installment payment plans in hardship cases and homestead cases. No settlement agreement of any claim, suit, or proceeding shall be entered into without the approval of the City's Accounts Receivable Collections Manager. 1000.141 November 2, 2001 -2- VIII. The Law Firm shall perform its services under this Contract as an independent contractor :md maintain a file for each referred claim which :kall be available to the City at all times for inspection. Such file shall contain all data pertinent to the claim to support its disposition. All documents, papers, or records pertaining to a file shall be re?;ained a_fi. er conclusion of all legal proceedings for disposition as determined by the City's Accounts Receivable Collections MarL~ger. The Law Firm agrees to comply with all Federal, State, and local laws related to collections; Law Firm warrants tlmt it has no conflict of interest; Law Firm wan-ants that it practices nondiscrimination in employment. As desired by the City, Law Firm at.cs to an audit of files maintained by Law Firm pertaining to this Contract. Ko This Contract shall not be assigned or trans£e:-red by Law Firm without the prior written consent of the City. Law Firm shall at all times be solely responsible for the accuracy of its work and the competency of services provided hereunder, or through its agents or subcontractors. All persons assigned work involved under this Contract shall be competent, capable, qualified and duly licensed under the laws of the State of Texas to perform their services. The Law Firm agrees to defend any suit brought to challenge its employment on the basis of former Article IV, Section 27, Corpus Christi City Charter, and/or cra,cut Article IV, Section 10, Corpus Christi City Charter, and will indemnify and hold harmless the City for the amount of any final judgment awarded against the City by a court of competent jurisdiction of such basis. XII. The Law Firm agrees to comply with the conflict of interest provision of the City Charter and Code of Ordinances. The Law Firm agrees to maintain current updated disclosure of interest forms on file with the City Purchasing office throughout the term of this agreement. The term of this Conlzact begins December 1, 2001 and continues until November 30, 2002. The City and the Law Fire may renew this Contract annually for up to three additional one year periods subject to the approval of the Law Firm and the Cky Manager or his designee ("City Manager".) Either party may terminate this Contract at any time by giving notice in writing to the other party sixty (60) days prior to the cancellation of the contract. Upon termination of this Contract, Law Firm will deliver all pending files on cases referred to it under this Contract to the City. The Law Firm has six (6) months following termination of the conla-act to reduce to judgment all suits filed prior thereto. 1000,141 November l, 2001 .~. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that said budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. If the budget item for thi~ Contract is not adopted, City will notify Law Firm and Law Firm may terminate the Contract I~ the end of the then current fiscal year. Law Firm acknowledges that each fimmal ye~ the City scm the budget for the following services provided by Law Firm: preparation and filing of affidavits of lien and release of lien documentation services. Once Law Firm's fees aceumalate to these budgeted amounts for the fiscal year for these services, City will have no obligation to pay additional fees for such semtices without prior written approval of City Manager or his designee, nor will Law ]Firm have obligation to perform such services until receipt of prior written approval of City Manager or his designee. Notice may be given by certified mail, postage prepaid, and is deemed received on the the third day after deposit if sent certified mail. Notice shall be sent as follows: If to City: Cig, of Corpus Christi Attention: Director of Finance P.O. Box 9277 Corpus Christi, Texas 78469-9277 If to Law Firm: Linebarger Heard Goggan Blair Graham Pe5a & Sampson. LLP Attention: Paul Darnel Chapa, Partner 500 N. Water St., Suite 1111 Corpus Christi, Texas 78471 This Contract may be amended only by written Agreement signed by duly authorized representatives of the parties hereto. XVII. The Law Firm will not commence work under this Contract until the Law Firm h~ complied with the insurance requirements set out in the attached E.,d'dbit 3. XVIII. If the City has not completed the bidding process and awarded a new contract for the 1000.141 Noveraber2,2001 -4- collection of delinquent accounts in Special Assessments upon the expiration of this Contract. the Contract will continue on a month to month basis, at the current fees, until such time as either party provides the other party with sixty (60) days written notice that it does not wiqh to continue tl~ :ontract. This Contract automatically expires on the effective dat~ of a new contract for the collection of delinquent accounts in Special Assessments. The City will provide written notice of the effective date of the new contract to Law Firm. SIGNED this ~ day of CITY OF CORPUS CHRISTI By: George K. Noe Deputy City Manager LINEBARGER HEARD GOGGAN BLAIR GR~~ ~~SON, LLP By:~ ATTEST Armando Chapa, City Secretary Approv~ed as to Legal Form This (t"day of James R. Bray, Jr., City Attorney By: ~x.~,2r4- ~ Lisa Aguilar ~.~ Assistant City Attorney 1000.141 November 2, 2001 EXHIBIT 1 Services Performed by Law Firm Tasks Performed by Law firm Creation of lien Fee Prepare ann File Attidavits ot Lien Prepare and File Releases of Lien City will reimourse iiling tees and pay $10 preparation fee for each document. City will rermburse filing fees and pay $10 preparation fee for each document. Maintain demolition lien files Perform legal research requested by Hourly rate of $75 city Correction of lien * Research returned mail to obtain current addresses Notify City of incorrect demolition lien information on CiD' computer printouts Notify City of unenfomeable liens per Transportation Code As requested by City, review language of ordinances and notices and make recommendations Physical inspection of property. Di~xibute address and tax sale copies to City, County, Appraisal District Collection of lien File suits and include liens in suits Prepare letters of Notice of intent to sue and Notice of Foreclosure Mass mailings of delinquent bills as requested by City Respond to incoming phone calls Produce affidavits for law suit evidence Judgment lien research for tax sales Represent City in bankruptcy court when property, owner files bankruptcy Negotiate pa.vment agreements for accounts in suit. others as agreed * No additional Fee for this Service 1000.141 November 2, 2001 ,~_ Disburse mx sale & resale money Present resale bids to Council Answer correspondence Hourly rate of $75 City will reim0urse Law Firm 38 cents per item for actual mailing costs set out in itemized invoice. Telephone collections * Prepare deeds for resales * EXItIBIT 2 Services Performed by City Creation of lien Identify. tax account number and include information on original list submitted to Law Firm. Maintam payment agreements as computer capabilities aqow * MaiI~tain Paving and demolition database and printed rolls Correction of lien · Research bad addresses by reviewing suppressed list and utility mils. · Enter address changes/updates to City records Collection of lien · Respond to incoming telephone calls · Negotiate payment agreements for accounts not in suit 1000.141 November 2, 2001 ~7~ City of Corpus Christi M MO m ADMINISTRATION - FINANCIAL SERVICES TO: David R. Garcia, City Manager FROM: $orge Cruz-Aedo, Director of Financial Services SUBJECT: Notice of Intent-Request for Proposal on Collection of Delinquent Assessments DATE: July 19, 2001 The purpose of this memo is to inform you of Financial Services' intent to issue Request for Proposals (RFP) to local qualified attorneys to provide delinquent collection services for assessments such as paving, demolition, weed liens, and other assessments. The RFP will be advertised in the Corpus Christi Caller-Times. ~sue: The City currently uses the services of a local law firm to perform collections of delinquent paving assessments, demolition and weed liens, and other assessments. Examples of the services provided are: 2. 3. 4. 5. 6. Mailing of delinquent bills and telephone collections. Legal research as requested by the City. Preparation and filing of affidavi'£s of liens, releases of lines, and deeds for resale. Preparation of notices of Intent to Sue and Notice of Foreclosure. Produce lawsuit evidence. Judgement lien research, physical inspections, presentation of resale bids, and disbursement of tax sale and resale money for property tax sales. Negotiation of payment agreements for accounts in suits. Represent City in bankruptcy court when a property owner files bankruptcy. Funding Source: Funding is provided in the 2001-2002 budget. Prior Ci~ Council Action: On September 23, 1997, City Council authorized the execution of a contract for the collection of delinquent special assessment accounts. The contract was tbr the term of two years and subject to two additional one-year periods. Upon expiration of the contract, the contract continues on a month-to-month basis at current fees until such time as either party provides the other party with (60) days written notice that it does not wish to continue the contract. The current contract expires September 30, 2001. Required Council Action: City Council approval is required for payments exceeding $15,000. Payment will be on the basis of a negotiated fee and/or percentage of money actually collected a=qd paid for assessments, principal, and interest to the City. Projected Time Line: July 2'/, 2001 July 28, 2001 August 15, 2001 September 11, 2001 Mall Request for Proposals. Advertisement in local newspaper of Request for Proposals. Submission date to City for receipt of proposals. Presentation to Counc'fl of contract award. Please contact me if you require further information. Jor~Cruz-Aedo Direct'or of Financial Services Nancy Mrazek, A/R-Collections Manager Mike Barrera, Purchasing Agent Lisa Aguilar, Assistant City Attorney .... ~ CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: November 20, 2001 SUBJECT: FY2001 / 2002 Weed and Seed Program Grants AGENDA ITEM: ITEM A: Motion authorizing the City Manager or his designee to accept a renewal Weed and Seed grant in the amount of $175,000 for Site I North for the continued support of the Weed and Seed Program from the U.S. Department of Justice (DO J). ITEM B: Ordinance Appropriating $175,000 from the U.S. Department of Justice, Office of Justice Programs, in the No. 1050 Federal/State Grants fund for continued support of the Weed and Seed Program, Site I North, for FY 2001-2002; and declaring an emergency. ISSUE: The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. PRIOR COUNCIL ACTION: For the past six years, Council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. On October 9, 2001 the City Council approved funds for Weed and Seed Site Il West for $225,000. REQUIRED COUNCIL ACTION: ITEM A: City Council action is required to accept a renewal grant award in the amount of $175,000 for Site I North from the U.S. Department of Justice for the continuation of the Weed and Seed Program. The grant period is from 08/01/2001 to 07/31/2002. ITEM B: City Council is required to appropriate $175,000 in Site I North from the U.S. Department of Justice for the continuation of the Weed and Seed Program. The grant period is from 08/01/2001 to 07/31/2002. Recommendation: ITEM A. Staff recommends acceptance of a renewal grant award in the amount of $175,000 for Site I North from the U.S. Department of Justice for the continuation of the Weed and Seed Program from the U.S. Department of Justice. ITEM B. Staff recommends appropriation of a renewal grant award in the amount of $175,000 for Site I North from the U.S. Department of Justice for the continuation of the Weed and Seed Program from the U.S. Department of Justice. Future City Council Action: None Marco A. Cisneros, Director Park and Recreation Department Background Information: Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. This year, the Executive Office for Weed and Seed directed The City of Corpus Christi to separate their two sites for funding and recognition. The sites are now called Weed and Seed Site I North and Weed and Seed Site II West. Each Site has its own funding. On October 9, 2001 the City Council approved funds for Weed and Seed Site II West for $225,000 because the site had received its separate funding. Site I no longer has available the special emphasis funding, of $50,000, due to recertification which dropped special emphasis funding. Site I North has $175,000 of available funds, from the Department of Justice. Site I North must use $50,000 for CCPD weeding efforts and $40,000 for Safe Haven Sites. There were 32 Requests for Proposals submitted and 5 agencies selected to be funded for Site I North. The amount of funds to be distributed for Subgranting by DOJ for Site I North thru the Weed and Seed Steering Committee is $56,574.00.The Steering Committee limited grants to a maximum total of $25,000 per request. Groups could request no more than three proposals for funding. Notice requesting proposals for programs for the target areas were posted in the Caller Times in May 2001. Pre-proposal meetings were held at City Hall basement training room on May 23r~ & 25th, 2001. As a result a total of 32 proposals were received totaling $570,767.00. Copies of all proposals were given to the Steering Committee for review. The Weed and Seed Steering Committee met to review and listen to presentations given by the applicants on June 20, 2001. They met again on June 21, 2001 to vote on and select FY01/02 funded agencies. They selected the 5 agencies to be funded. Ten voting members of the Steering Committee were present and scored their proposals. The committee than listed the top 20 rated proposals. The Steering Committee evaluated our required funding for CCPD and Safe Haven funding. As a final result of their review they recommended funding on 5 proposals: YMCA of Corpus Christi for $10,000, Park and Recreation, Transportation Program for $6,574, Park and Recreation Super Summer Sports Program for $17,000, South Texas Institute for the Arts for $13,000 and Metro Ministries for $10,000. ORDINANCE APPROPRIATING $175,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, IN THE NO. 1050 FEDERAL/STATE GRANTS FUND FOR CONTINUED SUPPORT OF THE WEED AND SEED PROGRAM, SITE I NORTH, FOR FY2001-2002; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $175,000 from the U.S. Department of Justice, Office of Justice Programs, is appropriated in the No. 1050 Federal/State Grants Fund for continued support of the Weed and Seed Program, Site I North, for FY 2001-2002. 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 role that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor LEGAL FORM APPROVED ~ JAMES R. BRAY, JR. CITY ATTORNEY By: ~.~7~ ~ Lisa Aguilar Assistant City Attorney .,2001: H:\LEG-DIR\LISA\ORD3/ORD3.442 ~ CITY COUNCIL AGENDA MEMORANDUM City Council Meeting: November 20, 2001 SUBJECT: FY2001 / 2002 Weed and Seed Program Grants AGENDA ITEM: Item A. Motion authorizing the City Manager or his designee to execute an agreement with The YMCA of Corpus Christi, Northside Outreach Program to provide ~10,000 from the FY01/02 Weed and Seed Program to implement a Youth Summer Basketball and Swimming Program. Item B. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $6,574 from the FY01/02 Weed and Seed Program to implement a Summer Transportation Program for recreational opportunities to youth, teens, and young adults at non-traditional times. It is intended to provide transportation and entry fees for some field trips during the summer. Item C. Motion authorizing the City Manager or his designee to execute an agreement with the Park and Recreation Department to provide $17,000 from the FY01/02 Weed and Seed Program to implement a Summer Super Sports Program. Item D. Motion authorizing the City Manager or his designee to execute an agreement with South Texas Institute for the Arts to provide $13,000.00 from the FY01/02 Weed and Seed Program to implement Prevention through the Arts programs. Item E. Motion authorizing the City Manager or his designee to execute an agreement with Metro Ministries, Inc to provide ~10,000.00 from the FY01/02 Weed and Seed Program to enhance the Gabbard Memorial Health Room. The Program is a primary care medical clinic for residents of the shelter and our homeless population. Prior City Council Action: On October 9, 2001 the City Council approved funds for Weed and Seed Site II West for $225,000. The City Council, on September 12, 2000, appropriated a 9350,000 Weed and Seed FYO0-01 Grant award from the U.S. Department of Justice to support activities in the Corpus Christi Weed and Seed target areas. Required City Council Action: Authorization to execute agreements. Future City Council Action: None anticipated. Back.qround Information: Administration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. This year, the Executive Office for Weed and Seed directed The City of Corpus Christi to separate their two sites for funding and recognition. The sites are now called Weed and Seed Site I North and Weed and Seed Site II West. Each Site has its own funding. On October 9, 2001 the City Council approved funds for Weed and Seed Site II West for $225,000 because the site had received its separate funding. Site I no longer has available the special emphasis funding, of $50,000, due to recertification which dropped special emphasis funding. Site I North has $175,000 of available funds, from the Department of Justice. Site I North must use $50,000 for CCPD weeding efforts and $40,000 for Safe Haven Sites. There were 32 Requests for Proposals submitted and 5 agencies selected to be funded for Site I North. The amount of funds to be distributed for Subgranting by DOJ for Site I North thru the Weed and Seed Steering Committee is $56,574.00.The Steering Committee limited grants to a maximum total of $25,000 per request. Groups could request no more than three proposals for funding. Notice requesting proposals for programs for the target areas were posted in the Caller Times in May 2001. Pre-proposal meetings were held at City Hall basement training room on May 234 & 25th, 2001. As a result a total of 32 proposals were received totaling $570,767.00. Copies of all proposals were given to the Steering Committee for review. The Weed and Seed Steering Committee met to review and listen to presentations given by the applicants on June 20, 2001. They met again on June 21, 2001 to vote on and select FY01/02 funded agencies. They selected the 5 agencies to be funded. Ten voting members of the Steering Committee were present and scored their proposals. The committee than listed the top 20 rated proposals. The Steering Committee evaluated our required funding for CCPD and Safe Haven funding. As a final result of their review they recommended funding on 5 proposals: YMCA of Corpus Christi for $10,000, Park and Recreation, Transportation Program for $6,574, Park and Recreation Super Summer Sports Program for $17,000, South Texas Institute for the Arts for $13,000 and Metro Ministries for $10,000. RECOMMENDATION: Weed and Seed Steering Committee recommends that the City Council authorizes the City Manager or his designee to execute the agreements. ~,~ %L ~L~C ~--~ ~C~-~ Marco A. Cisneros, Director Park and Recreation Department Attachments: Contract / Subrecipient Summary Contract Summary PARTIES: TERM: City of Corpus Christi Weed and Seed Program YMCA of Corpus Christi August 1, 2001 to July 30, 2002 AGREEMENT: The City of Corpus Christi Weed and Seed Program will provide $10,000 to YMCA of Corpus Christi, for their Northside Outreach Program. The program will provide for a summer basketball league and free summer swimming at T.C. Ayers area pool. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured, Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BRIEFCASE\CITY COUNCIL\CC SUM STIFTA OI-02.DOC Contract Summary PARTIES: TERM: City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department Summer Transportation Program Site I North August 1, 2001 to July 30, 2002 AGREEMENT: The City of Corpus Christi Weed and Seed Program will provide $6,574 to City of Corpus Christi Park and Recreation Department, Summer Transportation Program Site I North, for recreational opportunities to youth, teens, and young adults at non-traditional times. The program is intended to provide transportation and entry fees for some field trips during the summer. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment VouchedReport for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\CC FY01-02\CC SUM P&R TRANSPORTATION 01-02.DOC Contract Summary PARTIES: TERM: City of Corpus Christi Weed and Seed Program City of Corpus Christi Park and Recreation Department Super Sports Program August 1, 2001 to July 30, 2002 AGREEMENT: The City of Corpus Christi Weed and Seed Program will provide $17,000 to City of Corpus Christi Park and Recreation Department, Super Sports Program, for recreational opportunities to youth, teens, and young adults at non-traditional times. The program is intended to be a community-based activity that involves everyone. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BP. IEFC:\.C,E\CITY COUNCIL\CC SUNI P&R SPORTS 01-02.DOC Contract Summary PARTIES: TERM: City of Corpus Christi Weed and Seed Program South Texas Institute For the Arts, Antonio E. Garcia Arts Education Center August 1, 2001 to July 30, 2002 AGREEMENT: The City of Corpus Christi Weed and Seed Program will provide $13,000 to South Texas Institute For the Arts, Antonio E. Garcia Arts Education Center, for providing opportunities to learn through the Arts about one's self, self-esteem and pride in the neighborhood. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. C:\WINDOWS\DESKTOP\MY BRIEFCASE\CITY COUNCIL\CC SUM STIFTA 01-02.DOC Contract Summary PARTIES: TERM: AGREEMENT: City of Corpus Christi Weed and Seed Program Corpus Christi Metro Ministries, Inc August 1, 2001 to July 30, 2002 The City of Corpus Christi Weed and Seed Program will provide $10,000 to Corpus Christi Metro Ministries. This is to enhance the Gabbard Memorial Health Room and to provide liability insurance, part of Directors salary and the installation of locking cabinets. The Program is a primary care medical clinic for residents of the shelter and our homeless population. The Subrecipient shall render written reports describing number of individuals served and the progress of the programs stated objectives. Financial reports are due on the last day of each month. The Subrecipient will use the Payment Voucher/Report for its financial report. Subrecipient will indemnify and hold harmless the City and maintain insurance coverage with the City named as additional insured. Subrecipient will comply with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended. Subrecipient will also be in compliance with Certifications regarding Lobbying;Department, Suspension, and other Responsibility Matters; and Drug-Free Workplace Requirements. The City may terminate this Agreement in accordance with 28 CFR Sec. 66.43 if Subrecipient materially fails to comply with any term of this Agreement. A:\CC SUM METRO MIN 01-02 DOC ~ AGENDA MEMORANDUM DATE: November 20, 2001 SUBJECT: Sidewalk Accessibility Improvements (Bond Issue 2000) Project No. 6151 AGENDA ITEM: 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 $240,900 for construction of barrier free ramps and sidewalks at selected street intersections associated with the Sidewalk Accessibility Improvements project. (Bond Issue 2000) ISSUE: An advanced funding agreement is required in order for TxDOT to proceed with the construction contract award of the Sidewalk Accessibility Improvements project. The project, approved under the 2000 Bond Program, involves construction of barrier free ramps and sidewalks at selected locations to comply with the Americans with Disabilities Act (ADA). FUNDING: Funding is available in the Street Department FY 00-01 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. ~,~'Dangel R. Escobar, P.E., ' irector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Advance Funding Agreement \~ENGINEERING\DATAI~HOME\LYNDAS\GEN\Streets~C-10~Advance Funding Agreement~Memo.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Sidewalk Accessibility Improvements (Bond Issue 2000) Project No. 6151 PRIOR 1. COUNCIL ACTION: November 14, 2000 - Ordinance canvassing retums and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ordinance No. 024269). June 19, 2001 - Resolution authorizing the City Manager, or his designee, to approve a Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024478). Au,qust 28, 2001 - Resolution authorizing the City Manager, or his designee, to approve Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. (Resolution 024555). PRIOR 1. o ADMINISTRATIVE ACTION: October 18, 2000 - Distribution of Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. November 10, 2000 - Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. January 10, 2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000-08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. FUTURE COUNCIL ACTION: 1. Additional increases in escrow funds may be necessary as project proceeds to completion. On Tuesday, November 7, 2000, the City of Corpus Chdsti held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2000. The November 7, 2000 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2000 package includes $30.8 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Public Health and Safety, Parks and Recreation/Museum, and Street Improvement projects. The proposed projects IEXHIBIT "A" I Page 1 of 2 target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. PROJECT DESCRIPTION: This program of street improvements includes the construction of barrier free ramps, sidewalks, and other improvements required for compliance with the Americans with Disability Act (ADA). This funding is to be leveraged with federal funds and is included in the approved Transportation Improvement Program (TIP) FY 2000-2002 for letting in FY 2002. The selected street sections include, in order of priority: · Alameda Street from Louisiana Parkway to Doddridge; · Santa Fe Street from Doddridge to Robert Street; · Weber Road from South Staples to South Padre Island Drive; and · Street sections as prioritized in coordination with the Mayor's Committee of People with Disabilities. ADVANCED FUNDING AGREEMENT DESCRIPTION: Under this Advanced Funding Agreement TxDOT will: · develop the preliminary engineering consisting of environmental assessment and public meetings and/or public headngs as necessary; · be responsible for securing the federal share of funding; · advertise for construction bids, issue bid proposals, receive and tabulate bids, and award a construction contract; · supervise and inspect all work performed by the construction contractor; and; · provide final inspection and a Notification of Completion, acknowledging project completion. Under this Advanced Funding Agreement, the City will: · provide preliminary engineering for the development of plans, specifications and cost estimates; · provide the right-of-way acquisition, including required maps and property descriptions; · be responsible for all costs associated with the necessary adjustment of any and all utilities and services; · be responsible for mitigation and remediation of any environmental problems; · provide the City's share of project costs; · accept responsibility for maintenance upon completion of project; and · be responsible for maintenance during construction. FUNDING: Funding is available in the Street Department CIP FY 00-01. IEXHIBIT "A' I Page 2 of 2 STATE OF TEXAS § COUNTY OF TRAVIS § CS J: 0916-35-072 Project Name: ADA Improvements Funding Category: STP - MM LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For an STP-Metropolitan Mobility Proiect THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, ' " al hereinafter called the Loc Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Comtmssion passed Minute Order 107737 that provides for the development of, and funding for, the project describe herein; and, WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. EXHIBIT "B" Page 1 of 6 Scope of Work The scope of work for this LPAFA is described as ADA accessibility improvements at various intersections. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception. 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the State, as stated in the Master Agreement, without exception. The State is responsible for performance of any required architectural or preliminary engineering work. The Local Government may review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. 10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement, without exception. 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non-federal and non-state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. After execution of this LPAFA, but prior to the performance of any work by the State, the Local Government will remit a check or warrant made payable to the "Texas Department of Transportation "in the amount specified in Attachment C as the local contribution for Pmlitmnary Engineering. The Local Government will pay at a minimum its funding share for this estimated cost of preliminary engineering as stated in the Local Project Sources and Uses of Funds provision of the Master Agreement. EXHIBIT "B" 2 Page 2 of 6 Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall rermt its remaining financial share for the State's estimated construction oversight and construction costs and any others costs owing. In the event the State determines that additional funding is required by the Local Government at any time during the development of the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification. 13. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 14. Signatory Warranty The signatories to this a~eement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Jennifer D. Soldano, Director Contract Services Office Date: EXHIBIT "B" 3 Page 3 of 6 ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA 4 EXHIBIT "B" Page 4 of 6 GRAPHIC SCALE 0 3,500' 7,000' 10,500' CORPUS CHRISTI BAY , CITY OF CORPUS CHRISTI SIDEWALK ACCESSIBILITY EXHIBIT "B" Page 5 of 6 ATTACHMENT C PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS Description Total Federal State Local Estimate Participation Participation Participation Cost 80% EDC Prior to EDC=Participation Adjustment EDC Adjustmen 61.5% W (20%) 61.5% (-) Land (no cash contribution) 0.00 0.00 0.00 Utilities (no cash contribution) 0.00 0.00 0.00 Environmental (no cash contribution) 0.00 0.00 0.00 Preliminary Engineering 0.00 $0.00 0 0.00 0 0 Construction 1,100,000.00 880,000.00 0 220,000.00 0 0 1,100,000.00 880,000.00 0 220,000.00 0 0 SUBTOTAL Engineering & Contingencies (E&C) 104,500.00 83,600.00 0 20,900.00 0 0 (Estimated @9.5% of Construction) 1,204,500.00 963,600.00 0 240,900.00 0 0 TOTAL First Payment due prior to PS&E by 0 State N/A Second payment due 60 days prior to. N/A 240,900.00 0 the project letting Total participation required from the local government = 5240.900.00 3/8/00 lw C1i RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN ADVANCED FUNDING AGREEMENT WITH THE TEXAS I)EP.\RTMENT OF TRANSPORTATION IN THE ESTIMATED AMOUNT OF 5240,900 FOR CONSTRUCTION OF BARRIER FREE RAMPS AND SIDEWALKS AT SELECTED STREET LOCATIONS ASSOCIATED WITH THE SIDEWALK ACCESSIBILITY IMPROVEMENTS PROJECT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute an Advanced Funding Agreement with the Texas Department of Transportation in the estimated amount of $240,900 for the construction of barrier free ramps and sidewalks at selected street locations associated ~ith thc Sidex~aik Acccssibilit.x Project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Approved this the I~' day of ~¢,-"-/ James R Bray. Jr.. City Attorney Lisa Aguilar ~-~ Assistant City Attorney Samuel L. Neal, Jr., Mayor The City of Corpus Christi .2001. LOA\res.062 November 15, 2001 ~ ~r ~ CITY COUNCIL AGENDA MEMORANDUM DATE: November 14, 2001 AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Right-of-way (ROW) Maintenance and Use Agreement with Dr. Michael L. Mintz (Permittee) to construct at his expense, a parking lot, landscaping, and other public improvements in an undeveloped portion of the Airheart Point public street ROW (Alta Vista On The Bay Subsivision) that abuts the property owned by said Permittee, with specified conditions; and declaring an emergency. ISSUE: Dr. Michael L. Mintz (Permittee) is seeking an agreement with the City which will allow him to construct at his expense, a parking lot and other improvements in the undeveloped public right-of-way to beautify the area adjacent to his property between Ocean Drive and the Corpus Christi Bay bluff, to a certain extent, help beautification of the ROW. Should deter illegal and undesirable activities that have been observed for many years within the subject street right-of-way area. REQUIRED COUNCIL ACTION: City Charter requires City Council approval of an agreement for the right to use City property. RECOMMENDATION: Staff recommends approval of the ordinance as presented. ~/~'~_ Angel R. Escobar, P.E. Director of Engineering Services Exhibits: B. C. D. Additional Background Information Site Location Map Ordinance Right-of-way Maintenance and Use Agreement h:\...\gen~agO 1 \upa~airheart.m2 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Agreement Dr. Michael L. Mintz (the "Permittee") has requested that the City of Corpus Christi allow him a Right-of-way Maintenance and Use Agreement to utilize an undeveloped portion of the Airheart Point public street right-of-way (ROW) embraced by Lots 8 and 9, Block 4, Alta Vista On The Bay Subdivision, and property owned by Mr. Mike McKinnon to construct and maintain a proposed vehicle parking area, a rest area for public use, and other public improvements. Exhibit B, Site Location Map, shows the proposed plan of improvement and the affected properties. Dr. Michael L. Mintz is the owner of the property, the aforementioned Lots 8 and 9, involved in this agreement with the City. His property is currently vacant and undeveloped, with Lot 9 abutting the north right-of-way of Airheart Point. Dr. Mintz has indicated he plans to build his new residence in this two lots in the near future. Mr. Mike Mckinnon's property abuts the south right-of-way of Airheart Point and occupies a large single-family residence where he currently resides. Dr. Mintz approached City Council on August 28, 2001, to ask for authorization to proceed at his expense with the redevelopment plan of this unimproved right-of-way between Ocean Drive and the bluff above the edge of Corpus Christi Bay. Mr. Mintz described a proposed plan of redevelopment of this area with pedestrian amenities and lighting to beautify the area and minimize illegal activities that have been on-going for many years. A common observation by area residents has been that teenagers and young adults use this location for consumption of alcoholic beverages and drugs during late night hours. The Agreement will allow the "Permittee" to construct and maintain in perpetuity improvements to this area, at his expense, to create a usable open public space with the following amenities: A rest area with bench seating; An improved parking area with crushed concrete; An eight foot wide sidewalk from the parking area to the rest area; Landscaping of the premises as depicted on the attached site plan, Exhibit B; Installation of a security light to light the area. The Agreement specifically requires that the "Permittee", in lieu of the standard fees, provide for perpetual maintenance and repair of the improvements at the Permitee's expense. The Agreement does not grant the "Permittee" the dght to vacate, abandon, or barricade the Airheart Point street right-of-way. Allowing the Permittee to install the proposed improvements is seen by City Staff as a beneficial and gratitious offering towards the enhancement of the residential quality of life for the abutting residential properties and the general public who choose to use the facilities, at no cost to the citizens. It is a win-win proposition. h:\...\gen~ag01 \upa~airhcart.m2 City departments which review such requests and the City and pdvate franchised utilities were contacted regarding this request. The Traffic Engineering Office advised of the need to restrict ddveway access to the planned new residence to be located on Lots 8 and 9 to the sector of Airheart Point nearest Ocean Drive in such a way that it does not conflict with the public's access to the proposed parking area. The only utility within the Airheart right-of-way ~s a 24" reinforced concrete pipe for storm drainage. Therefore, the Storm Water Department requested that the a utility easement be retained in the street right-of-way. Specified Conditions The "Permittee" has been advised of and concurs with ail the conditions of the Agreement, including the following Specified Conditions: That Permittee must fully indemnify and hold harmless the City from liability relating to the construction and maintenance by the permittee or his employees of the proposed improvements within the Airheart ROW. That Permittee submit a set of construction drawings of the proposed parking lot, 8' wide sidewalk, and other associated improvements, etc. to the Director of Engineering or his designee for review and approval. Plans must be certified by a Professional Engineer and must be submitted a minimum of three (3) weeks prior to onset of construction activity. Work on the infrastructure improvements cannot begin until written approval has been given by the Director of Engineering Services or his designee. Permittee must not close or barricade the right-of-way, or any portion of the right- of-way, to install, repair or maintain, the improvements until the Permittee or his contractor has filed an approved traffic control plan with the City's Traffic Engineering Office. In lieu of any use privilege fees, Permittee agrees to maintain the public improvements as identified in the Maintenance and Use Agreement in perpetuity and further agrees to amend his deed restrictions to require the same to run with the land and future owners. That the City will assume responsibility for payment of public lighting service after Permittee installs the required lighting facilities at his cost. Permittee agrees to withhold installation of proposed improvements until January 31, 2002 to allow the City time to repair existing storm water infrastructure. Recommendation. Staff recommends approval of the ordinance as presented. · [ ] LOT g. ~LK 4. ALTA VISTA ONT~E ]BAY : '-~"~ ~ I II S~ PL~ ~G~-OF-WAY A~ USE AG~EM~ ~ ~gin~ & Ci~Council E~ibit B Co~m~, ~c. ci~ of Corm C~sfi SITE LOCATION ~P ~.~ ,,.,~, D..~.t otE.~ S~.i~ AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A RIGHT-OF-WAY (ROW) MAINTENANCE AND USE AGREEMENT WITH DR. MICHAEL MINTZ, (PERMITTEE), TO CONSTRUCT, AT HIS EXPENSE, A PARKING LOT, LANDSCAPING, AND OTHER PUBLIC IMPROVEMENTS IN AN UNDEVELOPED PORTION OF THE AIRHEART POINT PUBLIC STREET RIGHT-OF-WAY (ALTA PLAZA ON THE BAY SUBDIVISION) THAT ABUTS THE PROPERTY OWNED BY SAID PERMITTEE; WITH SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a Right-of-Way Maintenance and Use Agreement with Dr. Michael Mintz, (Permittee), to construct, at his expense, a parking lot, landscaping, and other public improvements in an undeveloped portion of the Airheart Point public street Right-of-Way (Alta Plaza on the Bay Subdivision) that abuts the property owned by said Permittee. SECTION 2. That Permittee complies with the terms and specified conditions of the Right-of-Way Maintenance and Use Agreement, a copy of which is on file with the City Secretary. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 20th day of November, 2001. ATTEST: THE CITY OF CORUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor 14 ORDINANCE STATUS AGENDA ITEM: 1. Ordinance granting to Texas Cable Partners, L.P., six month extension of the cable television franchise granted in Ordinance No. 16133; providing for publication. FIRST READING: October 9, 20001 Passed: 8-0 (Absent - John Longoda) FINAL READING: November 20, 2001 COMMENTS: (None) CITY COUNCIL AGENDA MEMORANDUM October 4, 2001 AGENDA ITEM: Ordinance Granting to Texas Cable Partners, L. P. six month extension of the cable television franchise granted in Ordinance No. 16133. ISSUE: The cable television franchise was transferred to Texas Cable Partners approximately one year ago. Since then, staff has continued the cable franchise renewal process which initiated when TCI Cablevision held the franchise. In November 2000, City Council authorized an extension to allow time to negotiate the franchise. Additional time is needed to conclude the negotiations. REQUIRED COUNCIL ACTION: Approval of the Ordinance to extend the franchise. PREVIOUS COUNCIL ACTION: On November 14, 2000, City Council approved the transfer of the cable television franchise to Texas Cable Partners and approved a six month extension of the franchise. CONCLUSION AND RECOMMENDATION: Staff recommends adoption of the ordinance as presented. City Attorney ORDINANCE GRANTING TO TEXAS CABLE PARTNERS, L.P., SIX MONTH EXTENSION OF THE CABLE TELEVISION FRANCHISE GRANTED IN ORDINANCE NO. 16133; PROVIDING FOR PUBLICATION WHEREAS, Texas Cable Partners. L. P. (hereinafter "Texas Cable Partners") is the Grantee of that certain franchise (hereinafter "the Franchise") granted to Athena Cablevision of Corpus Christi. Inc. by the City of Corpus Christi in Ordinance No. 16133, finally passed by the City Council on March 25, 1981; amended and extended in Ordinance No. 20616, finally passed by the City Council on March 7, 1989; and amended and extended in Ordinance No. 024279, finally passed by the City Council on November 14, 2000; and WHEREAS, City and Texas Cable Partners have been negotiating the renewal of the Franchise based on a request for renewal made by Texas Cable Partners; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Texas Cable Partners is hereby granted an extension of an additional six months beyond the term established in Section 6 of the Franchise to provide sufficient time for completion of franchise renewal negotiations and procedures. All other provisions of the Franchise as amended and extended (incorporated herein by reference) shall remain the same. 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. ~ord or provision hereof be given tull tbrce and effect for its purpose. SECTION 3. That this Ordinance shall be effective upon its second reading by the City Council; provided that within ten (10) days of said second reading, Texas Cable Partners shall file with the City Secretary its written acceptance of this franchise. SECTION 4. That the City Secretary, is directed to publish at Texas Cable Partner's expense the description of this extension of the Franchise as required by Article IX, Section 3(a) of the City Charter of the City of Corpus Christi. 15 CITY COUNCIL AGENDA MEMORANDUM DATE: November 9, 2001 AGENDA ITEM: Public hearing to consider vacating and abandoning a 4,261-square foot portion of a 50-foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way. Ordinance vacating and abandoning a 4,261-square foot portion of a 50-foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way; requiring owners, Dr. & Mrs. Robert W. Madry, Jr. and Mrs. Ann C. Yeager; to comply with the specified conditions and replat the property within 180 days at owner's expense; and declaring an emergency. ISSUE: Dr. & Mrs. Robert W. Madry, Jr. and Ms. Ann C. Yeager, abutting property owners on Purl Place, are requesting the closure of a portion of Purl Place street in order to reduce traffic through the local neighborhood area. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street right-of-way. City Code requires a public hearing prior to the closure of any street right-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. ~'~',~ l'7'~,ngel R. Escobar, P.E. Director of Engineering Services Attachment: Ordinance Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OFCLOSUREAND BACKGROUND: Bass & Welsh Engineering on behalf of Dr. & Mrs. Robert W. Madry, Jr. and Ms. Ann C. Yeager, is requesting the City to vacate and abandon a 4,261-square foot portion of Purl Place north of the Robert Street right-of-way. On July, 2001, (Ord. 024503) City Council passed an ordinance allowing Ms. Ann Yeager and Dr. & Mrs. Robert W. Madry, Jr. the abutting property owners to vacate and abandon a 2,250-square foot portion of Purl Place, north of Robert Drive street right-of-way. City staff is however requiring that the following conditions be met: That a proper cul-de-sac be constructed matching existing curb and gutter at the end of the public street at the owner's expense. That the abandoned and vacated street right-of-way would need to be removed (all curb and gutter and sidewalk). That the existing street light at the intersection of Robert Street and Purl Place be relocated to the end of the new cul-de-sac or tee turn-around. All public and franchised utilities were contacted regarding this closure request, and no objections were received. Southwestem Bell has stated that they have joint used poles and aerial cable in the Robert Street right-of-way from Ocean Drive south to Santa Fe Street and is asking that an easement be retained within the Robert Street right-of-way, to encompass the facilities already located within the right-of-way. The fair market value appraised by City Staff is $3,880 for the 4,261-square foot closure of Purl Street right-of-way. The abutting owners have been advised of and agree with the specified conditions of this street closure. SITE LOCATION DRIVE PROPOSED PORTION OF STREET CLOSURE PURL STREET STREET CLOSURE AN ORDINANCE ABANDONING AND VACATING A 4,261 SQUARE FOOT PORTION OF A FIFTY (50) FOOT WIDE STREET RIGHT-OF-WAY ON PURL PLACE, NORTH OF THE ROBERT DRIVE STREET RIGTH-OF-WAY; REQUIRING THE OWNERS, DR. AND MRS. ROBERT W. MADRY, JR. AND MRS. ANN C. YEAGER, TO COMPLY WITH THE SPECIFIED CONDITIONS AND REPLAT THE PROPERTY WITHIN 180 DAYS AT OWNER'S EXPENSE; AND DECLARING AN EMERGENCY. WHEREAS, there is a 4,261 square foot portion of a 50 foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way, as recorded in Volume 7, Page 12, Map Records Nueces County, Texas, that the owners, Dr. and Mrs. Robert W. Madry, Jr. and Mrs. Ann C. Yeager, (Owners), wish to have abandoned and vacated; and WHEREAS, a public hearing was held on Tuesday, November 20, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 4,261 square foot portion of a 50 foot wide street right-of-way on Purl Place, north of the Robert Drive street right-of-way, as recorded in Volume 7, Page 12, Map Records Nueces County, Texas is abandoned and vacated for public use as a street right-of-way, subject to Owners' compliance ~vith the folloxving specified conditions as part of the abandonment and vacation: Payment of fair market value is set at $3,880 for the total 4,261 square foot portion of Purl Place street right-of-way to be closed at Owners' expense. That an easement be retained within the Robert Street right-of-way, to encompass the Southwestern Bell facilities already located within the right-of-way. That a proper cul-de-sac be constructed to match existing curb and gutter at the end of the public street at the Owners' expense. That the existing street light at the intersection of Robert Street and Purl Place be relocated to the end of the new cul-de-sac. L:\LEG-DIR\JOSEPH\WORD\ORD-Purl2.doc The Owners must replat their respective properties within 180 days at Owner's expense; provided however, the City Engineer may extend the time limit for an additional 180 days if extenuating circumstances outside the Owner's control necessitate an extension. 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 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 20th day of November, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Legal form approved James R. Bray, Jr. City Attorney 2001 By:Joseph H/~ey I ~ Assistant City Attorney L:\LEG-D1RXJOSEPH\WORD\ORD-Purl2.doc 16 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 20, 2001) Case No.: 1001-06, Kate Haltom: A change of zoning from "A-I' Apartment House District to an "AB" Protkssional Office District on Bayview Addition Block l, Lots 1 and 2, located on the southwest comer of Buford Street and Ocean Drive. Planning Commission's and Staff's Recommendation (October 24~ 2001): Approval. Requested Council Action: Approval of the "AB" District and adoption of the attached ordinance Purpose of Request: Develop an architect's office building. Summary: The applicant has requested a change of zoning from an "A-I" Apartment House District to an "AB" Professional Office District in order to develop the subject property with a 2-story office building. The subject property is located at the intersection of a collector, Buford Street and Ocean Drive, a short one-way local street segment. The property is also located between a "B-2" Bayfront Business District to the east and an "AB" District to the west. Uses abutting the subject property include a 2-story apartment building to the south and a church to the west. Located north of the subject property and across Buford Street, is a 2-story church building and parking lot. Located east of the property across Ocean Drive, is a cosmetic surgical facility. With a church and medical building already established in the area, the proposed office use and rezoning to an "AB" District on the subject property would not adversely impact the neighborhood. Given the subject property's direct access to Buford Street and Ocean Drive, both of which connect with the Shoreline Boulevard and Santa Fe Street arterials to the east and west, traffic impact on the adjacent properties ;vill be minimal. Applicant's Position: The applicant concurs with Planning Connmssion's and Staff's recommendation. Notification: Of the twenty-one (21) notices mailed to the surrounding property owners, one (1) was returned in favor and none were returned in opposition. This case is considered noncontroversial. The 20% rule is not in effect at the City Council hearing. Director of Planning MG/MS/mb Attachments: 1) Zoning Report Pages 2 - 9 2) Comments Received Page 10 3) Planning Commission Minutes Page 11 4) Ordinance Pages 12 - 13 H:hOLN-DIR\ERIVlA\WORD~AGEN DM EM\[ 00 [-06AG EN DAM EMO.DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission lOOt-06 October 24, 2001 70-15 015B) Kate Haltom Le.~eal Description/Location-: Bay~iew Addition, Block l, Lots 1 and 2, located on the southwest comer of Buford Street and Ocean Drive. Area of Request: Current Use of PropertX: 0.285 acre (12,415 square feet) Same as above. "A-I" Apartment House District "AB" Professional Office District Vacant lot. Professional office building. Not applicable. Zoning Change Requested Due to Notice of Violation_: North, South, West - A-I Apartment House Dtstnct East - "B-2" Bayfront Business District Ad'acent Land Use: Noah - (across Buford Street) Church parking lot. South - Apartment building. East - (across Ocean Drive) Medical clinic. West - Church Number of Residential Units Allowed_: Zoning Report Case No. 1001-06 (Kate Haltom) Page 2 "A-I" - 6 units (21.78 dwelling units per acre) "AB" - 10 units (36.30 dwelling units per acre) Estimated Traffic Generation.: Single tenant office building - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area x 4,000 square feet of gross floor area = 46 average weekday vehicle trip ends. Adiacent Streets/Classification_: a) b) Buford Street - collector Ocean Drive - local a) 60-foot right-of-way with a 40-foot back-to-back paved sect!on. b) 60-foot right-of-way with a 40-foot back-to-back paved sectton. Planned: a, b) Same as current. ~dav non-directional: a, b) None available. _Zoning History of Property_: There has been no rezoning activity within the past five (5) years. Recent Surrounding Zoning Cases: -- 1991, Lots 5 and 11 through 16, Block 8, located between Santa Fe and Third Street, In December Street and southwest from the subject property, were granted a change of.zoning from south of Craig an "AB" District to a "B-I" District for a parking lot. In November 1995, Bay View Park Tract, located on the south side Buford Street, between Ocean of the subject property, was granted a change of zoning fi:om Drive and Shoreline Boulevard and east and then in September 1999, was granted an "A-I" District to an "AB" District for a medical office, a "B-2" District. In February 1999, Lots 6 through 8, Block 2, located on the northwest comer of Craig and Second Zoning Report Case No. 1001-06 (Kate Haltom) Page 3 Streets and southwest from the subject property, were granted a change of zoning from "A-I" and "A-2" Districts to an "AB" District for an office. In July 1999, Blocks 1 and 2, Hampton Addition, located between Tancahua and Carancahua Street, north of Hancock Street and northwest from the subject property, were granted a change of zoning from a "B-4" District to an "AB" District. In August 1999, Lots 6 through 13, Block 6, located between Ocean Drive and Second Street, north of Morgan Avenue and south from the subject property, were granted a change of zoning from "A-I' and "AB" Districts to a "B-2" District for a medical office building. Zoning Inventory: The subject property is a portion of a 12.94-acre tract of land zoned an "A-I" District and developed with a mixture of single-family residences and apartments and a church. To the east, the area contains 25.38 acres of land zoned a "B-2" District and developed with medical uses, hotel, church and other retail uses. Southwest from the subject property, the area contains 81.66 acres of land zoned an "AB" District that is developed with a mixture of single-family residences, apartments, professional office and medical offices. Planning Staff Analysis: · General Characteristics and Backzround: The applicant has requested a change of zoning from an "A-1" Apartment House District to an "AB" Professional Office District in order to develop the subject property with a 2-story office building. The subject property is located at the intersection of a collector, Buford Street, and a one-way short local street segment, Ocean Drive. The property is also located between a business district to the east, "B-2" Bayfront Business District, and an "AB" District to the west. Abutting the subject property includes a 2-story apartment building to the south and a church to the west. North of the subject property and across Buford Street, is a church parking lot and a 2-story church building. East of the property and across Ocean Drive, there is a cosmetic surgical facility. Therefore, with the churches and a medical building akeady established in the area, approval of an "AB" District on the subject property would not adversely impact the area. With direct access to Buford Street and Ocean Drive, of which both connect with an arterial, Shoreline Boulevard to the east and south and Santa Fe Street to the west, traffic impact on the adjacent properties will be minimal. Conformit to the Com rehensive Plan and Land Use Com atibilit: Overall, the Comprehensive Plan Elements can be supportive of the requested "AB" District. The South Central Area Development Plan recommends the area to develop with apartments and mid- to low-rise office uses. The requested "AB" District is consistent with the Plan's recommended land use. · Potential Hous ng Density: An "A-l" District permits a density of 21.78 dwelling units per Zoning Report Case No 1001-06 (Kate Haltom} Page 4 acre or six (6) dwelling units on the subject property. The "AB" District permits a density of 36.30 dwelling units per acre or ten (10) dwelling units on the subject property. The increased residential density will not adversely impact the residential area tO the south. Height~Bulk/Setbacks/Etc.: The "A-i" District requires a front yard setback of twenty (20) feet with a side and rear yard setback for multiple-family uses of ten (10) feet each plus five (5) feet for each additional floor above the first. An "AB" District requires a front yard setback of twenty (20) feet with a side and rear yard setback of ten (10) feet each. Both districts limit the building heights to 45 feet not to exceed three (3) stories. Signage: Signs in an "A-I" District are limited to one wall sign with an area of thirty (30) square feet. If the property contains ten (I0) or more dwelling units, one monument sign with a height of ten (10) feet and a sign area of twenty (20) square feet may be permitted in lieu of the wall sign. An "AB" District is allowed to have one wall sing with an area not to exceed twenty (20) square feet. With Planning Commission approval, a freestanding sign with a height of fifteen (15) feet and an area of twenty (20) square feet in lieu of the wall may be permitted. Traffic: The subject property has direct access to a collector, Buford Street, and an oversized one-way local street, Ocean Drive, that connect to an arterial, Shoreline Boulevard, located one block away. The proposed office use will not generate sufficient traffic to adversely impact the adjoining properties. Parkinv_,/Screening: A non-medical office use is required to provide one off-street parking space for each 250 square feet of gross floor area. A medical office use is required to provide one off-street parking space for each 200 square feet of gross floor area. The proposed 4,000 square foot building will be required to provide sixteen (16) parking spaces for a non- medical office use or twenty (20) parking spaces for a medical office use. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial use locates adjacent to a residential district. Since the subject property has residential adjacency, a screening fence will be required along its south and west property lines. Costs to City: All of the infrastructure required to serve the subject property is available and no costs to the City are anticipated. Platting: The subject property contains two (2) platted lots and further replatting is not required. Zoning Report Case No. 100i-06 (Kate Haltom) Page 5 Pros: (Ideas in support of the request.) a) The subject property is located in an area bound by business zoning, "B-2" District, and office, "AB" District. b) The requested "AB" District is consistent with the adopted South Central Area Development Plan. Cons: (Ideas in support of maintaining the current zoning.) .... - · ' the adjacent properties to the south. a) Approval of the AB District could domino onto Staff Recommendation: Approval. Attachments: Zoning and Ownership Map Ownership List H:\PLN_DiR\ERMA\WORD~ZONRPTS\[001-06CCREPORT DOC 7 FURMAN AVE. A-2 '7 2 3 5 CRAIG ST, 19 18 15 12 11 2 3 5 15 9 10 11 BuFORD 20 1 19 2 18 16 5 6 15 13 12 O~t 19, 2001- RP )0 CASE ZlO01-06 FURMAN RRACE FIRS'[ HooIST VI EW CHRISTI BAY A-2 2 BAY VIEW PARK TRACT HOLIOA¥ 20 1 19 2 16 5 6 C.G. GLASS" - Property Owner in Favor X Property Owner Opposed ~ Subject property See Comments on Page(s) tt~ iI~ Owners within 200 feet listed on atteched ownership list Applicant: Kate Haltom 811 Indiana St., 78401 l Zl001-06 048000010010 FIRST uNITED METHODIST CH OF CORPUS CHRISTI INC P O BOX 1838 CORPUS CHRISTI TX 78403 BAY TERRACE LTS I THRU 3 (LESS W8.9') BLK I 2 ZI001-06 048000010170 METHODIST CHURCH-FIRST lO14 2N° CORPUS CHRISTI TX 78403 BAY TERRACE LTS 17 THRU 19 BLK ~I001-06 048000120020 METHODIST cHURCH-FIRST UNITED METHODIST CHURCH 900 S sHoRELINE coRPUS cHRISTI TX 78401 BAY TERR S 73.5 FT OF BK B 7 ZI001-06 048600010050 OCEAN pROPERTIES INC C/O ROY WOLLITZ P O BOX 8312 CORPUS CHRISTI TX 78412 BAY VIEW LT 5 BK I 9 Z1001-06 048600010100 FLOYD ELLIOTT WM ET UX 1021 UNIVERSITY BLVD KINGSVILLE TX 78363 BAY VIEW LT I0 BK I 12 ZI001-06 048600010130 CHURCH OF cHRIST-FIRST SC 1102 SECOND CORPUS CHRISTI TX 78404 BAY vIEW LTS 13 THRU 16 BK 15 ZI001-06 048600020040 CANALES SUSIE J 1107 SECOND ST CORPUS CHRISTI TX 78404 BAY VIEW LT 4 BK 2 owNERS p LIST CASE NO. 1001-06 Representative: John Dykema 915 Kinney Ave., 78401 2 ZI001-06 048000010040 METHODIST cHURCH-FIRST 10/4 2ND ST CORPUS CHRISTI TX 78403 BAY TERRACE LTS 4 TO 8 BLK I 3 ZI001-06 048000010071 LICHTENSTE[N REVOCABLE TR P O BOX 8150 CORPUS CHRISTI TX 78468 BAY TERRACE LTS 7 THRU I6 BLK / 1 Z1001-06 048000010200 FIRST UNITED METHODIST CH OF CORPUS CHRISTI [NC P O BOX 1838 CORPUS CHRISTI TX 78403 BAY TERRACE LTS 20 THRU 22 & W8.9' OF LTS I THRU 3 BLK I ~1001-06 048600010030 HEDBERG MARY ROSE S 6402 MEADOW CIRCLE CORPUS CHRISTI TX 78411 BAY VIEW LT 3 BK I 4 Z1001-06 048000020010 CAGE MILLS FUN DIR INC P O BOX 130548 HouSTON TX 77219 BAY TERRACE LT 1 THRU 11 E39.9' OF LT 12 THRU 14, PT OF LTS 15 16 &ALLLTS17&ISBLK2 6 ZI001-06 048600010040 HOUSTON JAMES ANDREW 330 DOLPHIN CORPUS CHRISTI TX 78411 BAY VIEW LT 4 BK 1 7 Z1001-06 048600010060 OCEAN PROPERTIES [NC C/O ROY WOLLITZ P O BOX 8312 CORPUS CHRISTI TX 78412 BAY VIEW LT 6 BK 1 10 ZI001-06 048600010110 ORTIEZ HoMERO ETUX BERTHA 4610 sCHANEN BLVD CORPUS CHRISTI TX 78413 BAY VIEW LT 11 BK I 13 ZI001-06 048600020010 ORTIZ HOMERO V AND BERTHA ORTIZ WFE 4610 sCHANEN BOULEVARD CORPUS cHRISTI TX 78413 BAY VIEW LT I & 2 EXC S 2.7 FT OF LT2 BK2 16 ZI001-06 048600020050 ORTIZ HOMERO ET UX BERTHA 4610 scHANEN BLVD CORPUS CHRISTI TX 78413 BAY VIEW LT 5 BK 2 8 ZI001-06 048600010070 ORTIZ HECTOR J ET UX CAROLINA C I AZALEA TRAIL LN BELAIRE TX 7740l BAY VIEW LT 7 BK I 11 Z1001-06 048600010120 HEINTZE WILLIAM TY ET UX 1120 SECOND ST CORPUS CHRISTI TX 78404 BAY VIEW LT 12 BK I 14 ZI001-06 04860.0020020 WHITAKER JUDY 3622 MARION sTREET CORPUS CHRISTI TX 78415 BAY VIEW S2.7' OF LT 2 ALL LT 3 BK2 17 ZI001-06 048600020060 DICKON G ELISA,GUARDIAN F PAUL G SMITH 1785 TAIT TEKR NORFOLK VA 23509 BAY VIEW LT 6 BK 2 2 ZI001-06 048600170010 METHODIST CHURCH-FIRST UNITED METHODIST CHURCH 900 S SHORELINE CORPUS CHRISTI TX 78401 BAY VIEW ALL OF BK 17A AND B CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT LEROY SAN MIGUEL MAINTENANCE DEPARTMENT P O DRAWER II0 CORPUS CHRISTI TX 78403 18 ZI001-06 049500000010 PP DOUBLE G LLC 1102 OCEAN DR CORPUS CHRISTI TX 78404 BAYVIEW PARK TRACT OPUS FRANK D. HANKINS 721 CRESTVIEW CORPUS CHRISTI TX 78412 SP Z1001-06 048600010010 HALTOM KATE TRUSTEE KATE HALTOM REVOCABLE TRU 811 INDIANA CORPUS CHRISTI TX 78404 BAY VIEW LTS I AND2 BK I COMMENTS RECEWED FROM NOTICES MAILED Case No. 1001-06 Kate Haltom I0 · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: Opposition: 8) Hector & Carolina Ortiz, 1127 Ocean Dr. Business in area will interfer with family setting. II. III. Responses received from outside the 200-foot notification area: Favor: None. Qp_p...9_sition: None. Responses received from owners/applicants of subject area: Favor: Kate Haltom, 811 Indiana St. Limit sell with present zoning. Planning to maintain integrity of neighborhood Opposition: None. H:~p LN.DiR\ERMA\WORD\COM MDATA\I001.06COMMENTS.doc II New Zoning Case Kate Haltom: 1001-06 REQUEST: "A-I" Apartment House District to '~AB' Professional Office District on property described as Bayview Addition, block 1, Lots I and 2 and located on the southwest comer of Buford Street and Ocean Drive. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrouding area. The subject property is a portion of a 12.94-acre tract of land zoned an "A-I" District and developed with a mixture of single-family residences and apartments and a church. To the east, the area contains 25.38 acres of land zoned a "B-2" Dis~ct and developed with medical uses, hotel, church and other retail uses. Southwest from the subject property, the area contains 81.66 acres of land zoned an "AB" District that is developed with a mixture of single-family residences, apartments, professional office and medical offices. Mr. Saldafia said that the applicant has requested a change of zoning from an "A-I" Apartment House District to an "AB" Professional Office District in order to develop the subject property with a 2- stop/office building. The subject property is located at the intersection ora collector, Buford Strent, and a one-way short local street segment, Ocean Drive. The property is also located between a business dislfict to the east, "B-2" Bayfront Business District, and an "AB" District to the west. Abutting the subject property includes a 2-story apartment building to the south and a church to the west. North of the subject property and across Buford Street, is a church parking lot and a 2-story church building. East of the property and across Ocean Drive, there is a cosmetic surgical facility. Therefore, with the churches and a medical building already established in the area, approval of an "AB" District on the subject property would not adversely impact the area. With direct access to Buford Street and Ocean Drive, of which both connect with an arterial, Shoreline Boulevard to the east and south and Santa Fe Street to the west, traffic impact on the adjacent properties will be minimal. Staff recommends approval of the rezonmg request. There were 21 notices mailed to property owners within a 200-foot radius of the subject property. One was returned in opposition. ChaLrman Berlanga opened the public hearing. Clark Flato, representing Dr. Kate Holtom, said that the applicant proposes to develop an office building that would be comparable to office buildings in the area. He responded to Vice Chatrman Mims' question by saying that Mr. and Mrs. Dykma would be purchasing the property and developing the office building. Public hearing was closed. Motion by Mires, seconded by Richter, to recommend approval of the "AB" District. Motion passed with Pusley, Salazar, Smith, and Sween-McGloin being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KATE HALTOM, BY CHANGING THE ZONING MAP IN REFERENCE TO LOTS 1 AND 2, BLOCK 1, BAYVIEW ADDITION, FROM "A-I" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Kate Haltom for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 24, 2001, during a meeting of the Planning Commission, and on Tuesday, November 20, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of Lots 1 and 2, Block 1, Bayview Addition, located on the southwest corner of Buford Street and Ocean Drive, from "A-I" Apartment House District to "AB" Professional Office District. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 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. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:\LEG-DIR\DOYLEDCURTIS~'IYDOCS~200 I\P&ZORD0 I~ZONING.ORD\DOYLEC~2001~Z100106A'OOC Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of November, 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 12 November, 2001 James R. Bray, Jr. City A~'r~e~y /~ ./~.....L.~ Doy~ D~' ~/; U rtis - Senior/~sistant City Attorney H:\LEG.DIR\DOYLEDCU RTIS\MYDOCS~00 I\P&ZORD0 I~ZONING.ORD\DOYLEC~00 I~-100106A.DOC 17 AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 20, 2001) Case No.: 1001-08 Cloudcroft Land Ventures: A change of zoning from "R-lB" One-family Dwelling District to "A-I" Apartment House District, 7.66 acres of land out of Lots 9, 10, and 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, approximately 550 feet west of Cimarron Boulevard. Planning Commission's and Staff's Recommendation (October 24~ 2001): Approval Requested Council Action: Approval of the "A-I" District and adoption of the attached ordinance. Purpose of Request: To develop a town.home complex. Summary: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling Dis~xict to an "A- l'' Apartment House District on a 7.66 acre tract in order to develop a 48 townhome complex as part of a larger gated-community. Along with the townhomes, there are 1 I3 proposed single-family residential lots. All of the proposed 161 units will be within the gated community with private streets (see attached site plan). The main entrance to this development will be from Yorktown Boulevard with an emergency access only to Cimarron Boulevard. The attached site plan has been provided as an illustration to show how the development is planned. Applicant's Position: Applicant concurs with Planning Comrmssion's and Staff's recommendation. Notification: Of the twenty-six (26) notices mailed to the surrounding property owners, none were returned in favor and five (5) were returned in opposition. This case is considered noncontroversial. The 20% rule is not in effect at the City Council hearing. Director of Planning MG/MS/mb Attachments: l) Zoning Report Pages 2-8 2) Cormnents, Received Page 9 - 10 3) Planning comrmssion Minutes Page 11 - 12 4) Ordinance Pages 13- 15 H:\PLN-DIR\ERMA\WORD~AGEN DMEM\I001-08AG ENDAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: Planning Commission Hearing Date: Map No.: Applicant: Legal Description/Location: 1001-08 October 24, 2001 100-16 (G16C) Cloudcroft Land Ventures, [nc. 7.66 acres of land out of Lots 9, 10, and 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, approximately 550 feet west of Cimarron Boulevard. Area of Request: Lot(s) Area: Current Zoning: Request: Current Use of Property: Purpose of Request: 7.66 acres 22 acres "R-1B" One-family Dwelling District "A-I" Apartment House District Undeveloped land. Develop townhomes as part of a larger single- family development. Not applicable. Zoning Change Requested Due to Notice of Violation: Adiacent Zoning: North, East, West - "R-l B" One-family Dwelling District South -"R-1B" One-family Dwelling District and "B-4" General Business District Adiacent Land Use: North, East, West - Undeveloped land. South - (across Yorktown Boulevard) Single-family residences and a church. Zoning Report Case No. 1001-08 (Cloudcroti Land Ventures, Inc.) Pa~e 2 Number of Residential Units Allowed: "R-lB" - 55 units (7.26 dwelling units per acre) "A-I" - 166 units (21.78 dwelling units per acre) Estimated Traffic Generation: Apartments - 6.47 average weekday vehicle trip ends per dwelling unit x 166 dwelling units = 1,074 average weekday vehicle trip ends. Adjacent Streets/Classification: a) Yorktown Boulevard - arterial Right-of-Way Design Current: a) 100-foot right-of-way with a 24-foot rural wide rural paved section. Planned: a) 120-foot right-of-way with a 100-foot back-to-back paved section. 1996 Traffic Count {24-hour~ weekdav~ non-directional): a) 6,480 vehicles per day. Zoning History of Property: There has been no rezoning activity within the past five (5) years. Recent Surroundint Zoning Cases: In July 1995, the area south of Yorkto~vn Boulevard and east of Cimarron Boulevard and southeast from the subject property was annexed into the City and zoned "R-lC" and "B-4" Districts. In September 1995, the area north of Yorktown Boulevard and east of Ciman'on Boulevard and east of the subject property, was annexed into the City and zoned "F-R" and "B-3" Districts. Zoning Inventory: The subject property is part ora 2,550.89-acre tract of land that is zoned a "R-lB" District with the north and south ends developed with single-family residences and the central section being used as Zoning Report Case No. 1001-08 (Cloudcroft Land Ventures. Inc. Page 3 farmland. South and southeast from the subject property, there are 41.27 acres of land zoned a "B-4" District and is predominantly undeveloped, except for a church that occupies approximately 5 acres. Planning Staff Analysis: General Characteristics and Back~round: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "A-I" Apartment House District 7.66 acre tract in order to develop a 48 townhome complex as part of a larger gated-community. Along with the townhomes, there are 113 proposed single-family residential lots. All of the proposed 161 units will be within the gated community with private streets (see attached site plan). The main entrance to this development will be from Yorktown Boulevard with an emergency access only to Cimarron Boulevard. The attached site plan has been provided as an illustration to show how the development is planned. The requested "A-I' District fronts a major arterial, Yorktown Boulevard, with direct access to another local street that will tie into Cimarron. The "A-I" District would permit the applicant to construct the proposed 48 on townhomes. Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "A-1' District due to its direct access to an arterial. The Southside Area Development Plan's adopted future land use map recommends the area to develop with medium-density residential uses. The requested "A-I" District is 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 55 units on the subject property. An "A-I" District permits a density of 21.78 dwelling units per acre or 166 units on the subject property. The "A-I" District would permit the proposed development. HeightJBulkJSetbacks/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. The "A-I" District requires a front yard setback of twenty (20) feet and a side and rear yard setback of five (5) each for single-family and duplex uses and ten (10) feet for one story multiple-family structures plus five (5) feet for each additional story. Buildings in the "R-lB" District are limited to 35 feet not to exceed three (3) stories. Buildings in the "A-I" District are limited to 45 feet not to exceed three (3) stories. Signage: Signs in the "R-lB" Distt~cts are limited to one wall sign with an area r~ot to exceed one square foot. Signs in an "A-I" District with more than 100 feet of frontage, are permitted either one wall sign with an area of forty (40) square feet or one freestanding sign with a sign area of forty (40) square feet and a height often (10) feet. Zoning Report Case No. 1001-08 (Cloudcroft Land Ventures, Inc.) Page 4 Pros: a) b) 5 Cons: a) Staff Recommendation: Attachments: Traffic: Full development of the subject property with "A-I" District density could generate approximately 1,074 daily trip ends plus an additional 1,130 daily trip ends from the single-family development. As shown on the attached site plan, the proposed development could generate approximately 1,411 daily trip ends. These trip ends accessing an arterial will adversely impact the adjacent street system. Parking/Screening: Residential development is required to provide 1.5 off-street parking spaces for each one-bedroom unit 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 during the permitting phase of the development. A standard screening fence is not required for residential development. Costs to City: Development of the single-family and townhouse areas will be at the applicant's cost. Platting: The subject property contains portions of lots and will require platting before a building permit is issued. (Ideas in support of the request.) The subject property has direct access to an arterial. The requested "A~ 1" District would serve as a buffer between the highly traveled arterial and the low-density residential. (Ideas in support of maintaining the current zoning.) The existing "R-1 B" District is the predominant zoning in the area. Approval. Site Plan Zoning and Ownership Map Ownership List H:\PLN-DIR\ERMA\WORD\ZONRPTS\ 100 t-08CCREPORT DOC YORKTOWN BLVD. PROPOSED DEVELOPMENT PLAN Oct 19, 2001 - RP CASE ZlO01-08 KING'S CROSSING UNIT 1 PHASE 5 2 F-R · - Property O~vner in Favor X Property O~vner Opposed Subject property See Comments on Page(s) ? ~ ~ 0~ners within 200 feet listed on attached ownership iisi AppLicant: Cloudcroft Land Adventures, Inc. 500 N. Water Street, 78401 I Z1001-08 247600100090 BENYS VIRGINIA ANN 6850 MOUNTAIN SPRING SAN ANTONIO TX 78249 FLOUR BLUFF & ENC FRM GDN TRACT UNDIV/3 INT iN 87.631 ACS OUT S/2 LTS 6~ 7 & 8 ALL LTS 9. I0 & 11 SEC 10 2 Z1001-08 247600100110 BENYS CHARLES 6008 YORKTOWN BLVD CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TRACT 2.36 ACS OUT LT 11 SEC i0 Z1001-08 394400010050 SEBBERT CAROLYN E 7502 ANNEMASSE STREET CORPUS CHRISTI TX 78414 KINGS CROSSING bSNIT 1 PH 3 LT 5 BLK 1 8 Z1001-08 395000020020 GONZALEZ DAGOBERTO M ETU YVONNE F GONZALEZ 6210 LOURDES CORPUS CHRISTI TX 78414 KINGS CROSSING ULNIT 4 LT 2 BLK 2 11 Z1001-08 395000020050 CROSSLY KEVIN P 7501 LOURDES STREET CORPUS CHRISTI TX 78414 KINGS CROSSING UNIT 4 LT 5 BLK 2 13 Z1001-08 395000020180 KING'S CROSSING REALTY LT 101 N SHORELINE STE 600 CORPUS CHRISTI TX 78401 KINGS CROSSING UNIT 4 LT 18 BLK 2 OWNERSHIP LIST CASE NO. 1001-08 7 Representive: Medina Engineering 2434 Sacky Dr., 78415 1 Z1001-08 247600100094 BENYS CHARLES 6008 YORKTOWN CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FP. zM GDN TRACT LLNDIV/3 INT IN 87.631 ACS OUT S/2 LTS 6.7 & 8 ALL LTS 9, 10 & I l SEC 10 1 Z1001-08 247600100096 RiSINGER ROSE MARIE 745 LOWER TURTLE CREEK KERRVILLE TX 78028 FLOUR BLUFF & ENC FRM GDN TRACT UNDIV/3 INT IN 87.631 ACS OUT S/2 LTS 6, 7 & 8 ALL LTS 9, 10 & 11 SEC 10 3 Z1001-08 394400010020 CENTKAL POWER & LIGHT CO C/O CENTRAL AND SW CORP P O BOX 660164 DALLAS TX 75266 KINGS CROSSING UNIT 1 PH 3 LT 2 BLK 1 4 Z1001-08 394400010040 GRACE PRESBYTERIAN CHURCH OF CORPUS CHRISTI 6301 YORKTOWN CORPUS CHRISTI TX 78412 KINGS CROSSING UNIT 1 PH 3 LT 4 BLK I 6 Z1001-08 394400010060 ROBERTSON LANCE ET UX DOL 7506 ANNEMASSE CORPUS CHRISTI TX 78414 KINGS CROSSING U~NIT 1 PH 3 LT 6 BLK 1 7 Z1001-08 394400020010 SEBBERT CHUCK BUILDER INC P O BOX 721315 CORPUS CHRISTI TX 78472 KINGS CROSSING bqqlT 1 PH 3 LT 1 BLK 2 9 Z1001-08 395000020030 EDWARDS JOSEPH W AND NANCY W EDWARDS WFE 6206 LOUKDES STREET CORPUS CHRISTI TX 78414 KINGS CROSSING UNIT 4 LT 3 BLK 2 10 Z1001-08 395000020040 JENNINGS CORBETT ET UX ELIZABETH JENNINGS 6202 LOURDES CORPUS CHRISTI TX 78414 KINGS CROSSING UNIT 4 LT 4 BLK 2 12 Z1001-08 395000020160 TROUTMAN DAVID J 7506 MILAN CORPUS CHRISTI TX 78414 KINGS CROSSING UNIT 4 LT 16 BLK 2 13 Z1001-08 395000020190 KING'S CROSSING REALTY LT I01 N SHORELINE STE 600 CORPUS CHRISTI TX 78401 KINGS CROSSING UNIT 4 LT 19 BLK 2 13 ZI001-08 395000020170 KING'S CROSSING REALTY LT 101 N SHORELINE STE 600 CORPUS CHRISTI TX 78401 KINGS CROSSING UNIT 4 LT 17 BLK 2 SP ZIO01-08 247600100090 BENYS VIRGINIA ANN 6850 MOUNTAIN SPRING SAN ANTONIO TX 78249 FLOUR BLUFF & ENC FRM GDN TRACT UNDIV, 3 INT IN 87.631 ACS OUT S/2 LTS 6.7 & 8 ALL LTS 9, 10 & II SEC I0 CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT LEROY SAN MIGUEL MAINTENANCE DEPARTMENT P O DRAWER CORPUS CHRISTI TX 78403 BARCLAY GROVE NEIGHBORHOOD LEAGUE LAURA HEIN 7213 CRAPEMYRTLE DRIVE CORPUS CHRISTI TX 78414 BRIGHTON VILLAGE NEIGHBORHOOD ASSOCIATION TERRY WHITE 2514 SOUTH PADRE ISLAND DR CORPUS CHRISTI TX 78415 WOOLDRIDGE CREEK NEIGHBORHOOD ASSOCIATION, INC ROGER KOEPKE 5906 GOLDEN CANYON CORPUS CHRISTI TX 78414 SP Zl001-08 247600100094 BENYS CHARLES 6008 YORKTOWN CORPUS CHRISTI TX 78414 FLOUR BLUFF & ENC FRM GDN TI:LACT UNDIV/3 INT IN 87.631 ACS OUT S/2 LTS 6, 7 & 8 ALL LTS 9, 10 & I I SEC 10 BARCLAY GROVE NEIGHBORHOOD LEAGUE JAMES THEDWRON 7217 CRAPEMYRTLE DRIVE CORPUS CHRISTI TX 78414 BARCLAY GROVE NEIGHBORHOOD LEAGUE WOODY SANDEFER, JR. 7101 GINGERBERRY CORPUS CHRISTI TX 78414 BUCKINGHAM ESTATES NEIGHBORHOOD ASSOCIATION SYLVIA ESCOBEDO 6901 SIR GERAINT STREET CORPUS CHRISTI TX 78413 SP ZIO01-08 247600100096 RISINGER ROSE MARIE 745 LOWER TURTLE CREEK KERRVILLE TX 78028 FLOUR BLUFF& ENC FRM GDN TRACT UNDIV/3 INT IN 87.631 ACS OUT S/2 LTS 6,7 & 8 ALL LTS 9. 10 & I I SEC I0 BARCLAY GROVE NEIGHBORHOOD LEAGUE BILL FREY 7114 CRAPEMYRTLE DRIVE CORPUS CHRISTI TX 78414 BRIGHTON VILLAGE ZONING COORDINATOR LUPITA BESTE PO BOX 81531 CORPUS CHRISTI TX 78468 THE LAKES MASTER ASSOICATION WILLIAM KRUMNOW 7502 VENICE DRIVE CORPUS CHRISTI TX 78413 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1001-08 Cloudcroft Land Adventures, Inc. · - FAVOR X - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: Opposition: 12) David Troutman, 7506 Milan Yorktown & Cimaron Streets are congested enough without more traffic on exsisting one-lane. 9) Joseph W. and Nancy W. Edwards, 6206 Lourdes St. We own a house almost directly across Yorktown to the area in question. When we bought this property, we were told that only single family homes could be built on that land. We feel that the building of apartments on that land would have a direct & unfavorable impact upon our property, which has a value of almost $300,000.00. Also, the traffic load on Yorktown would increase to a much greater extent than if single family homes were built there. Please do not allow this zone change to happen. Thank you for your consideration. il) Kevin Crossey, 7501 Lourdes No written comment. 8) Yvonne and Dagoberto Gonzalez, 6210 Lordes We strongly oppose change of zoning since it was intended as a one-family dwelling. As it is, we have massive traffic and congestion in and around Yorktown. Also, we have children and are concerned for their safety when an unlimited number of people live in the vicinity with fewer restrictions.' Futhermore, our property could become undesirable in the real estate market when apartments are established behind our home. Again, please leave the zoning as it was originally intended. We certainly xvould not have purchased our home if we knew otherwise of a possible change zoning. II. Responses received from outside the 200-foot notification area: Favor: None. Opposition: Comments Received Case No. 1001-08 Page 2 lO Barclay Grove Neighborhood League, 7 l 01 Gingerberry No written comments. Responses received from owners/applicants of subject area: Favor: Applicant: Impressions Homes, Inc, 500 N. Water Street, S. Tower, Ste. 725 No written comment. Opposition: None. H:hOLN.DIR\ERMA\WORD\COMM DATA\I001-08COMMENTS.DOC ti Cloudcroft Land Adventures, Inc.: REQUEST: 1001-08 "R-lB" One-fanfily Dwelling District to "A-I' Apartment House District on property described as 766 acres of land out of Lots 9, 10, and 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, approximately 550 feet west of Ciman:on Boulevard. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is part of a 2,550.89-acre tract of land that is zoned a "R-lB" District with the north and south ends developed with single-family residences and the central section being used as farmland. South and southeast from the subject property, there are 41.27 acres of land zoned a "B- 4" District and is predominantly undeveloped, except for a church that occupies approximately 5 acres. Mr. Saldafia said that the applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to an "A-I" Apartment House District 7.66 acre tract in order to develo~ a 48 townhome complex as part of a larger gated-community. Along with the townhomes, there are 113 proposed single- family residential lots. All of the proposed 161 umts will be within the gated community with private streets. The main entrance to this development will be from Yorktown Boulevard with an emergency access only to Cimarron Boulevard. The attached site plan has been provided as an illustration to show how the development is planned. Mr. Saldafia continued that the requested "A-I" District fronts a major arterial, Yorktown Boulevard, with direct access to another local street that will tie into Cimarron. The "A-I" District would permit the applicant to construct the proposed 48 on townhomes, however, an "R-2" Multiple Dwelling District would be more compatible to the proposed single-family development and adopted plan due to its lower density. With an "R-2" District on 7.66 acres, the applicant would be allowed a maximum of 111 dwelling units. The applicant proposes only 48 units. The Southside Area Development Plan's adopted furore land use map recommends the area to develop with medium-density residential uses. Medium-density residential development with a density of up to 14 units per acre is recommended. The requested "A-I" District pernuts a density of 21.78 units per acre and the "R-2" permits 14.52 units per acre. An "R-2" District is more consistent with the Plan's recommended density. Therefore, it is the StaWs opinion that an "R-2" Disnfict would be more compatible than the requested "A-1" District and still allow the applicant the proposed number of dwelling units. Staff recommends deinal of the requested "A-l' District, and lieu thereof, approval of a "R-2" Multiple Dwelling District. There were 26 notices mailed to property owners within a 200-foot radius of which four (4) were returned in opposition and none were returned in favor. A letter from the Barclay Grove Neighborhood Association was received in opposition. Chairman Berlanga opened the public hearing. Victor Medina, representative for the applicant, 2460 Cricket Hollow, said that the applicant plans to develop ~owmb. omes. Mr. Medina said that there has been a reconsideration of plans from what had been presented to Staff with the rezoning application. He explained that the developer would like to have more lots for the townhome development. comrmssioners expressed concerns with the development having only one ingress/egress. In response to Vice Chairman Mires, Mr. Saldafia said that the Yorktown extension has not been planned. comrmssioner Zamora asked how much signage would be needed for the development Mr. Medina said that the developer would prefer to have a larger sign than is permitted by right in a "R-2" District. He added that the development would be presented to city staff as a Planned Unit Development (PUD). Richard King, 4600 Ocean Drive. said that the "A-I" District gives a better enhancement and has more to offer for the development to succeed. Public hearing was closed. comrmssioner Amsler said that the sign requirement needs to be sufficient for the development. Motion by Amsler, seconded by Zamora, to forward a recommendation of "A-l" Apartment House Disn'ict. Motion passed with Pusley, Salazar, Smith, and Sween-McGloin being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY CLOUDCROFT LAND VENTURES, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 7.66 ACRES OUT OF LOTS 9, 10 AND 11, SECTION 10, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY DWELLING DISTRICT TO "A-I" APARTMENT HOUSE 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 Cloudcroft Land Ventures, Inc. for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 24, 2001, during a meeting of the Planning Commission, and on Tuesday, November 20, 2001, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION '1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning of 7.66 acres out of Lots 9, 10, and 11, Section 10, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard, approximately 550 feet west of Cimarron Boulevard, from "R-1 B" One-family Dwelling District to "A-I" Apartment House District. Metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:\LEG.DIR\DOYLEDCURTIS\MYDOCS~2001\P&ZORD0 I~ZONING.ORD\DOYLEC~2001~Z100108A'DOC Jail( Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of November, 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 12 November, 2001 James R. Bray, Jr. By://'"..._) ~ Doyle E~urtis Senior Assistant City Attorney H:\LEG-DIR\DOYLEDCURTIS~MYDOCS~2001\P&ZORD01~.ONING.ORD\DOYLEC~001~-100108A.DOC EXHIBIT A STATE OF TEXAS coUNTY OF NUECES FIELD NOTES FOR A 7.66 ACRE TRACT OF LAND BEING OUT OF LOTS 9, 10, 11 SECTION 10 OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS RECORDED IN VOLUME A, PAGES 41-43, MAP RECORDS OF NUECES COUNTY, COMMENCING AT A 60 D PENNY NAIL FOUND FOR THE SOUTHEAST CORNER OF LOT 9 SECTION 10, FLOUR BLUFF AND ENCIHAL FARM AND GARDEN TRACTS. BEING THE CENTER!.INE 13qTERSECTION OF YORKTOWN BOULEVARD AND CIMARRON BOULEVARD. THENCE NORTH 60 DEGREES 57 MINUTES I0 SECONDS WEST ALONG THE CENTERLINE OF YORKTOWN BOULEVARD FOR A DISTANCE OF 551.81 FEET TO A 5/8 INCH IRON ROD SET FOP, THE SOUTHEAST COR`NEK OF SAID TRACT AND POINT OF BEGINNING. THENCE NORTH 60 DEGREES 57 MINUTES 10 SECONDS WEST FOP- A DISTANCE OF 1059.37 TO A 5/8 INCH IRON KOD FOUlqD FOP. THE SOUTHWEST CORNER. OF SAID TRACT; THENCE NORTH 29 DEGREES 02 MINLrrES 50 SECONDS EAST FOR A DISTANCE OF 287.5 FEET TO A 518 INCH IRON ROD FOUND FOR AN INTERIOR CORNER OF SAID THENCE NORTH 60 DEGREES 57 MINUTES 10 SECONDS WEST FOR A DISTANCE OF 5.50 FEET TO A 518 INCH IRON ROD SET FOR AN INTERIOR CORNER OF SAID TItENCE NORTH 29 DEGREES 02 MINUTES 50 SECONDS EAST FOR A DISTANCE OF 27.4 FEET TO A 518 INCH IRON ROD SET FOR THE NORTHWEST CORNER OF SAID TRACT. · THENCE SOUTH 60 DEGREES 57 MINU'I lis 10 SECONDS EAST FOR A DISTANCE OF 1064.81 FEET TO A 518 INCH IRON ROD SET FOR THE NORTHEAST CORNER OF SAID TRACT. THENCE SOUTH 29 DEGREES 02 MINUTES 50 SECONDS WEST FOR A DISTANCE OF 314.90 FEET TO TH~ POINT OF 7.66 ACRES MORE OR LESS. AINING 18 r~ AGENDA MEMORANDUM PUBLIC HEARING - ZONING (City Council Action Date: November 20, 2001) Case No.: 1001-09, A. J. Leasing: A change of zoning from a "B-3" Business District to an "I-2" Light industrial District, 6.02 acres out of Tract 7, William Rober~son Farm Tracts, located on the northwest comer of Saratoga Boulevard and County Road 37. Planning Commission's and Staff's Recommendation {October 24~ 2001): Approval Requested Council Action: Approval of the "I-2" District and adoption of the attached ordinance Purpose of Request: To develop the subject property with light manufacturing uses. Summary: The applicant has requested a change of zoning from a "B-3" Business District to an "I-2' Light Industrial District in order to develop the subject property with light manufacturing uses. The proposed uses include a cabinet-maker and a reinforcing steel supplier. According to the applicant, the cabinet-maker will be indoors and the supplier will cut the re-bars inside a building and store them outside. The subject property is in an area that the Corpus Christi International Airport Noise Study identified as an area not recommended for permanent or temporary housing or lodging. The existing "B-3" District does not permit permanent housing or boarding or lodging uses, but does perrmt hotels and motels. The requested "I-2" District does not permit any permanent or temporary housing or lodging, consistent with the recommendation from the Airport noise study. The impact of the "I-2" District on the adjacent properties would be minimal since the adjacent tracts to the north and west area undeveloped and the "I-2" District would be an expansion of the "I-2" District along the south side of Saratoga Boulevard. Applicant's Position: The applicant concurs with Planning Commission's and Staff's recommendation. Notification: Of the ten (10) notices mailed to the surrounding property owners, two (2) were returned in favor and none were returned in opposition. This case is considered noncontroversial. The 20% rule is not in effect at the City Council hearing. Director of Planning MG/MS/mb Attachments: I) Zoning Report Pages 2- 8 2) Comments Received Page 9 3) Planning Commission Minutes Page 10 4) Ordinance Pages 11 - 13 It:\PLN-DIR\ERMA\WORD\AGEN DM EM\1001-09.\GENDAM EMO DOC CITY COUNCIL ZONING REPORT Case No.: 1001-09 Planning Commission Map No.: October 24, 2001 88-3, 4 (I13C, D) Applicant: A. J. Leasing Legal Description/Location: 6.02 acres out of Tract 7, William Robertson Farm Tracts, located on the northwest corner of Saratoga Boulevard and County P. oad 37. Area of Request: 6.02 acres Lot(s) Area: Current Zoning: Request: Current Use of Property: 6.84 acres "B-3" Business District "I-2" Light Industrial District Undeveloped land. Purpose of Request: Light manufacturing uses. Zoning Change Requested Due to Notice of Violation: Not applicable. Adiacent Zoning: North -"T-lB" Manufactured Home Park District South - "R-lB" One-family Dwelling District and "I-2" Light Industrial District East - "F-R" Farm-Rural District West - "B-3" Business District Ad[acent Land Use: North, West - Undeveloped land South - (across Saratoga Boulevard) Outside pipe storage yard and vehicle testing site. East - (across County Road 37 extension) Farmland. Number of Residential Units Allowed: Zoning Repo~ Case No. 1001-09(A.J. Leasing) Page 2 "B-3" - Dwelling units, boarding and lodging houses are not permitted. "I-2" - Permanent or temporary hosing or lodging are not permitted except for a caretaker's quarters. Estimated Traffic Generation: General light industrial - 51.80 average weekday vehicle trip ends per acre x 6.02 acres = 312 average weekday vehicle trip ends. Adjacent Streets/Classification: a) Saratoga Boulevard - local b) County Road 37 - collector Right-of-Way Design Current: a) 80-foot right-of-way with a 24-foot wide rural paved section. b) 40-foot road easement with no pavement. Planned: a) 80-foot right-of-way with a 40-foot back-to-back paved section. b) 60-foot right-of-way with a 40-foot back-to-back paved section. 1996 Traffic Count (24-hour~ weekdav~ non-directional): a) 5,230 vehicles per day (at Old Brownsville Road). b) None available. Zoning History of Proper ,ty: In April 1995, the subject property along with the adjacent tract to the west was denied a change of zoning from an "F-R" and "B-4" Districts to an "I-2" District, and in lieu thereof, was granted a "B-3" District with a Special Permit for outside storage. The SP was never used and expired. Recent Surroundin~ Zonin~ Cases: In 1995, the area south of Saratoga Boulevard was part of the annexation program, but the City Council decided not to annex this area. In December 2000, a 5-acre tract of land on the south side of Saratoga Boulevard and southwest from Zoning Report Case No. 1001-09 (A. J. Leasing) Page 3 the subject property, was granted a change of zoning from an "R-lB" District to an "I-2" District for the expansion of the existing industrial use. Zoning Inventory: The subject property is a major portion of the 8.49 acres of land zoned a "B-3" District and remains undeveloped. To the north, there are 40.01 acres of land zoned a "T-lB" District of which the west 2/3 of the area is developed with manufactured homes and the east l/3 is undeveloped. East of the subject property, there are 1,366.02 acres of farmland zoned an "F-R" District. To the south, there is a 5.74-acre tract of land zoned an "R-lB" District containing vacant buildings and a vehicle testing service use. West of this "R-lB" District tract, there are 21.80 acres of land zoned an "I-2" District and developed pipe yards. West of the subject property along the north side of Saratoga Boulevard, there is a 51.96-acre tract of land zoned an "R-lB" District and predominantly developed with single-family residences. Planning Staff Analysis: · General Characteristics and Background: The applicant has requested a change of zoning from a "B-3" Business District to an "I-2" Light Industrial District in order to develop the subject property with light manufacturing uses. The proposed uses include a cabinet-maker and a reinforcing steel supplier. According to the applicant, the cabinet-maker will be indoors and the supplier will cut the re-bars inside a building and store them outside. The subject property is in an area that the Corpus Christi International Airport Noise Study identified as exceeding 65dbA and recommended that no permanent or temporary housing or lodging be allowed. The existing "B-Y' District does not permit permanent housing or boarding or lodging uses, but does permit hotels and motels. The requested "I-2" District does not permit any permanent or temporary housing or lodging, consistent with the recommendation from the Airport noise study. The impact of the "I-2" District on the adjacent properties would be minimal since the adjacent tracts to the north and west area undeveloped and the "I-2" District would be an expansion of the "I-2" District along the south side of Saratoga Boulevard. · Conformity to the Comprehensive Plan and Land Use Compatibility: Overall, the Comprehensive Plan Elements can be supportive of the requested "I-2" District. The Westside Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. However, this plan was adopted prior to the completion of the noise study. An "I-2" District would further the goals of the City for the expansion of the Airport. Zoning Report Case No. 1001-09 (A. J. Leasing) Page 4 Pros: a) Potential Housing Density: Residential development is not permitted in the existing "B-3" District or the requested "I-2" District. Height/Bulk/Setbacks/Etc.: Both the "B-3" and "I-2" Districts require a front yard setback of twenty (20) feet with no required side or rear yard setback unless adjacent to a residential district where a setback of ten (10) feet would be required. There are no building height limitations on either zoning district. Signage: Both the "B-3" and "I-2" Districts permit unlimited wall and freestanding signs provided the signs are located behind the front yard setback. Freestanding signs within the front yard setback are limited to one freestanding sign per street frontage with an area not to exceed forty (40) square feet and a height of 25 feet. The "I-2" District also permits off- premise signs (billboards). Traffic: The proposed light industr/al uses would generate approximately 312 daily tip ends on 6.02 acres. Commercial development on the same area could generate approximately 948 daily trip ends (21.30 daily trip ends per 1,000 square of gross floor area x 44,500 square feet of gross floor). The light industrial uses would generate less traffic, but heavier loads. The existing road, Saratoga Boulevard, is designed to handle the heavy traffic. Parking/Screening: A manufacturing use is required to provide one off-street parking space for each two (2) employees on the maximum working shift. Compliance with the off-street parking regulations will be required during the permitting phase. A standard screening fence with a height of not less than six (6) feet is required when a business or industrial uses locates adjacent to a residential district. Since the subject property does not abut a residential district, a "T-lB" District is not considered by the Zoning Ordinance as a residential district, a screening fence is not required. Costs to City: There are no anticipated costs to the City. Platting: The subject property is an unplatted tract of land. The property will be required to be platted before a building permit can be issued. (Ideas in support of the request.) The subject property is within the Airport's ultimate 65dbA noise contour that recommends no permanent or temporary housing of lodging. b) The requested "I-2" District would be an expansion of the "I-2" District to the southwest. Zoning Report Case No. 1001-09 {A. J. Leasing) ['age 5 Con_s: (Ideas in support of maintaining the current zoning.) a) The "B-Y' District is more consistent with the Westside Area Development Plan's recommended land use. Staff Recommendation,: Attachment~: Approval. Zoning and Ownership Map Ownership List H:\PLN_DiRXERMA\WORDW. ONRPTS\I001-09CCREPORT DOC T-lB COASTAL MEADOWS UNIT II T-lB WOMACK FARM COASTAL IvI~ADOWS UNIT F-R I-2 T-lB I-2 0CL R fARM TRACTS 0CL 0CL Oct 19, 2001 - RP CASE ZlO01-09 ~0 · - Property Osvner in Favor X - Property Owner Opposed See Comments on Page(s) I Subject property Owners within 200 feet listed on attached ownership list cant: A. J. Leasing P. O. Box 271173, 78427 1-09 166200020010 SPEI L L L C ~OX 13244 ASO TX 79913 STAL MEADOWS UNIT Il LTI 2 OWNERSHIP LIST CASE NO. 1001-09 Representative: John Baldree P. O. Box 270713, 78427 Z1001-09 742500000010 PUTT HILL INVESTMENTS [NC P O BOX 8130 CORPUS CHRISTI TX 78468 ROBERTSON WM J FARM TRS 255 ACS OUT OF TRS 1 THRU 6 3 Z1001-09 742500000071 SCHMIDT ROBERT ET UX ROBIN P O BOX 1072 SINTON TX 78387 ROBERTSON WM J FARM TRS 6.848 ACS OUT OF TR 7 ~1-09 742500000073 LANUEVA MARIA G ¢ HIBISCUS WUS CHRISTI TX 78405 3ERTSON WM J FARM TRS .696 OUT OF TR 7 5 Z1001-09 742500000079 ICO INC C/O G S DAVIS P O BOX 10014l FORT WORTH TX 76185 ROBERTSON WM J FARM TRS 10 ACS OUT OF TR 7 S OF SARATOGA 6 Z1001-09 742500070200 FOXWORTH MARVIN P O BOX 1090 LYTLE TX 78052 ROBERTSON WM J FARM TRS 5 ACS OUT OF TR 7 01-09 742500077010 iRD COAST REAL EST LLC SARATOGA RPUS CHRISTI TX 78417 BERTSON WM J FARM TRS 5 ACS TOFTR7 )01-09 742500000071 HMIDT ROBERT ET UX )BIN ) BOX 1072 qTON TX 78387 )BERTSON WM J FARM TRS 6.848 ?S OUT OF TR 7 2 Z1001-09 742500080000 PUTT HILL INVESTMENTS INC P O BOX 8130 CORPUS CHRISTI TX 78468 ROBERTSON WM J FARM TRS 142.428 ACS OUT OF TRS 8 9 18 & 19 WEST OSO INDEPENDENT SCHOOL DISRICT SUPERINTENDENT 5050 ROCKFORD DRIVE CORPUS CHRISTI TX 78416 8 SP Z1001-09 A. J. LEASING P O BOX 271173 CORPUS CHRISTI TX 78427 COMMENTS RECEIVED FROM NOTICES MAILED Case No. 1001-09 A. J. Leasing · - FAVOR x - OPPOSED (Note: The listed numbers correspond to the attached map.) I. Notices returned from within the 200-foot notification area: Favor: 2) 7) Putt Hill Investments, Inc., P. O. Box 8130 No written comments. Third Coast Real Estate, 311 Saratoga No written comments. Opposition: None. II. III. 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. A. J. Leasing: 1001-09 REQUEST: "B-3" Business Distr'ct to "1-2" Light Industrial District on property described as 6.02 acres out of Tract 7, William Robertson Farm Tracts, located on the northwest corner of Saratoga Boulevard and County Road 37. Mr. Saldafia presented a computerized slide illustration of the subject property and the surrounding area. The subject property is a major portion of the 8.49 acres of land zoned a "B-3" District and remains undeveloped. To the north, there are 40.01 acres of land zoned a "T-lB" District of which the west 2/3 of the area is developed with manufactured homes and the east 1/3 is undeveloped. East of the subject property, there are 1,366.02 acres of farmland zoned an "F-R" District. To the south, there is a 5.74-acre tract of land zoned an "R-lB" District containing vacant buildings and a vehicle testing service use. West of this "R- 1B" District tract, there are 21.80 acres of land zoned an "I-2" District and developed pipe yards. West of the subject property along the north side of Saratoga Boulevard, there is a 51.96-acre tract of land zoned an '~R- lB" District and predominantly developed with single-family residences. Mr. Saldafia said that the applicant has requested a change of zoning from a "B-3" Business District to an "1-2" Light Industrial District in order to develop the subject property with light manufacturing uses. The proposed uses include a cabinet-maker and a rethforcthg steel supplier. According to the applicant, the cabinet-maker will be indoors and the supplier will cut the re-bars inside a building and store them outside. The subject property is in an area that the Corpus Christi International AkrPort Noise Study identified as exceeding 65dbA and recommended that no permanent or temporary housing or lodging be allowed. The existing "B-3" District does not permit permanent housing or boarding or lodging uses, but does perrmt hotels and motels. The requested "I-2" District does not perrmt any permanent or temporary housing or lodging, consistent with the recommendation from the Airport noise study. The impact of the "I-2" District on the adjacent properties would be mimmal since the adjacent tracts to the north and west area undeveloped and the "I-2" District would be an expansion of the "I-2" District along the south side of Saratoga Boulevard. The Westside Area Development Plan's adopted future land use map recommends the area to develop with general commercial uses. However, this plan was adopted prior to the completion of the noise study. An "I-2" District would further the goals of the City for the expansion of the Airport. Mr. Saldafi. a said that Staff recommends approval of the rezoning request. There were 10 notices mailed to property owners within a 200-foot radius of which none were returned in favor or in opposition. Chairman Berlanga opened the public heanng. John Baldree said that the subject property has access onto Old Brownsville Road. He continued that the business would have minimal outside storage and that the work performed is performed inside the facility. Mr. Baldree said that he owns six (6) acres total. Public hearing was closed. Mr.' Saldaiia added that the applicant would be required to meet the landscaping requirements and would also need to erect a screening fence. Motion by Mims, seconded by Amsler, to forward a recommendation for approval of the "I-2" District. Motion passed with Pnsley, Salazar, Smith, and Sween-McGloni being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY A. J. LEASING, BY CHANGING THE ZONING MAP IN REFERENCE TO 6.03. ACRES OUT OF TRACT 7 OF THE WILLIAM ROBERTSON FARM TRACTS, FROM "B-3" BUSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of A. J. Leasing for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 24, 2001, during a meeting of the Planning Commission, and on Tuesday, November 20, 2001, during a meeting of the City Council. in the Council Chambers, at City Hall, in the City of Corpus Christi, during which ail 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 6.0~ acres out of Tract 7 of the William Robertson Farm Tracts, located on the northwest corner of Saratoga Boulevard and County Road 37, from "B-3" Business District to "1-2" Light Industrial District. Metes and bounds description is attached as Exhibit A. SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3, That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. ~\LEGAL\LAV~ALEG~D~R\D~YLED~URT~\MYD~CS~1\P&~RD~1~Z`~N~NG~RD\D~YLEC~1~Z1~1~9AD~C I~,. Page 2. of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of November, 2001. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neai, Jr. City Secretary Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM 12 November, 2001 James R. Bray, Jr. By: ~ ,~. ~ Doyle D (,Curtis Senior Assistant City Attorney \\LEGAL\LAV~LEG-DIR\DOYLEDCURTIS~'vlYDOCS~001\P&ZORD0 I~'ONING'ORD\DOYLEC~200 I~Z100109A'DOC 6.02 acres, more or less, out of a 6.84 acre tract which is out of Tract 7, William Robertson Farm Tracts, shown on Plat of Record in Volume 3, Page 31, Nueces County, Texas Map Records and more particularly described by metes and bounds as follows; BEGINNING AT A POINT. the intersection of the northwest right of way line of County Road 37 and the northeast right of way line Saratoga Boulevard (S.H. 357), for a southeasterly comer of the tract herein described; THENCE N 87° 36' 47" W along the northeast right of way line of Saratoga Boulevard, 224.77 feet, more or less, for an angle point on said fight of way line and an outside comer of this tract; THENCE N 61 o 11' 47" W, continuing along the northeast right of way line of Saratoga Boulevard, 818.80 feet, more or less, to a point, for the west comer of this tract; THENCE N 28° 46' 49" E, leaving the northeast right of way line of Saratoga Boulevard and crossing the aforementioned 6.84 acre tract. 203.70 feet, more or less, to a point, for an inside comer of said 6.84 acre tract and a northwesterly comer of this tract; THENCE N 45° 17' 50" E, 113.58 feet, more or less, to a point, for a northerly comer of the aforementioned 6.84 acre tract, and the north comer of this tract; THENCE S 53° 19' 30" E, along the northeast boundary line of said 6.84 acre tract, 432.60 feet, more or less, to a point, for an inside comer of said 6.84 acre tract and an inside comer of this tract; THENCE S 60° 58' 41" E, continuing along the northeast boundary line of said 6.84 acre tract, 465.35 feet, more or less, to a point, for an easterly inside comer of said 6.84 acre tract, and an easterly inside comer of this tract; THENCE S 84° 30' 12" E, continuing along the northeast boundary line of said 6.84 acre tract, 103.52 feet, more or less, to a point on the northwest right of way line of County Road 37, for the east comer of said 6.84 acre tract and the east comer of this tract; THENCE S 29° 06' 16" W, along the northwest right of way line of County Road 37, 192.30 feet, more or less, to a point, its intersection with the northeast right of way line of Saratoga Boulevard (S.H. 357) and the POINT OF BEGINNING. H:~P LN-DIR\ERMA\WORD\M&D\1001-09M&B DOC EXHIBIT A 19 CITY COUNCIL AGENDA MEMORANDUM November 20, 2001 AGENDA ITEM: An ordinance amending City of Corpus Christi, Texas Dune Protection and Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, by adopting a policy statement in support of Packery Channel, revising the definition of Erosion Area Line and description of Eroding Area Boundary, and by revising Figure 5, which illustrates the Beachfront Construction Line, Erosion Area Restriction Line, Erosion Area Line; providing for severance; and providing for publication. An ordinance amending the definition of "Erosion Area Line" in Section 10-1 of the Code of Ordinances, City of Corpus Christi; providing for severance; and providing for publication. An ordinance amending Ordinance no. 022164, which adopted the City of Corpus Christi, Texas Dune Protection And Beach Access Regulations, by revising Appendix III, Beachfront Construction Line, Erosion Area Restriction Line, Erosion Area Line; providing for severance; and providing for publication. ISSUES: Packery Channel: The 1993 City Council adopted Dune Protection and Beach Access Plan and Regulations do not address the City's intent to pursue opening of the Packery Channel. The appropriate location for expressing the City's intent to open the Channel is in Section II of the Dune Protection and Beach Access Plan. An additional policy is recommended in Attachment I recognizing the City's intent to pursue opening of the Packery Channel. Erosion Line: The 1993 City Council adopted Dune Protection and Beach Access Plan and Regulations have made it very difficult for properties located south of the seawall to develop with any impervious surfacing i.e., slab-on-grade foundation, asphalt or concrete driveways, etc. This proposed amendment to the City's Dune Protection and Beach Access Plan and Regulations will permit public and private prime Gulf-front properties, including Nueces County's Padre Balli Park, to develop with more flexibility and fairness. Background - Erosion Line: Pursuant to the State of Texas' Coastal Management Program established by the Legislature in 1992, and specifically the Beach/Dune Rules portion of the Program, all cities and counties along the Gulf coast must have adopted plans and regulations to administer two new permitting City Council Dune Protection and Beach Access Plan and Regulations Amendments November 20, 2001 Page 2 requirements: 1) ensure preservation or enhancement of public access to the beach (Beachfront Construction Certificate regulation) and 2) minimizes destruction of critical dunes by new construction (Dune Protection Permit regulation). In 1993, the City approved the original Dune Protection and Beach Access Plan and Regulations. The Plan is a component of the City's Comprehensive Plan and is required to be reviewed and recommended by the Planning Commission to the City Council after the Planning Commission holds a public heating. The City Council, under City Charter, is also required to hold a public hearing before amending any component of the Comprehensive Plan. The test of the Regulations were adopted as a part of the City's Code of Ordinances. In 1993, the Bureau of Economic Geology (BEG) at the University of Texas documented annual shoreline erosion rates for publicly accessible Gulf shorelines along the Texas coast. For the majority of North Padre Island and Mustang Island the erosion rates documented in 1993 established an Erosion Area Boundary at the minimum of 200 feet landward of the vegetation line. The Erosion Area Boundary is a projection of the annual erosion rate for 60 years, or 200 feet landward of the vegetation line whichever is greater. No construction other than dune walkovers are permitted in the area seaward of the Erosion Area Boundary, however in the case of several areas south of the North Padre Island seawall the annual erosion rate was determined by the BEG to be over 12 feet per year. The BEG released official updated annual erosion rates for North Padre Island and Mustang island in May 2001 (Changes in Gulf Shoreline Position, Mustang and North Padre Islands, Texas). The updated rates for this area are less than two feet per year and use a 50-year instead of a 60-year erosion projection. The 50- year projection is also consistent with State Beach/Dune Rules, which has been since 1995. The difference in the annual erosion rate will reduce the Erosion Area Line in all Gulf shoreline areas within the City's jurisdiction to the state minimum of 200 feet landward of the vegetation line. PRIOR PLANNING COMMISSION ACTION: November 7, 2001 - Planning Commission held a public heating and recommended City Council adopt the proposed amendments to the Dune Protection Plan and Regulations. November 30, 1994 - Planning Commission recommended approval of the proposed amendments to the Dune Protection and Beach Access Plan and Regulations based on revised state Beach/Dune Rules and required revisions imposed by the General Land Office. · July 14, 1993 - Planning Commission recommended approval of the original City Council Dune Protection and Beach Access Plan and Regulations Amendments November 20, 2001 Page 3 Dune Protection and Beach Access Plan and Regulations for the portions of Mustang and Padre Island within the City's city limits and its extraterritorial jurisdiction. PRIOR CITY COUNCIL ACTION: February 28, 1995 - City Council amended the Dune Protection and Beach Access Plan and Regulations based on revised Beach/Dune Rules and required revisions imposed by the General Land Office to the original Plan and Regulations. · August 10, 1993 - City Council approved the original Dune Protection and Beach Access Plan and Regulations. FUTURE COUNCIL ACTION: · December 11, 2001 - 2nd reading of proposed amendments to Dune Protection and Beach Access Plan and Regulations STAFF RECOMMENDATION: Staff recommends approval of the proposed amendments to the Dune Protection and Beach Access Plan and Regulations. The amendments will make the City's Plan and Regulations consistent with the City's Packery Channel Project and the recently released Bureau of Economic Geology Shoreline Erosion Rate Report and aid development of prime Gulf property by reducing the erosion line area consistent with the State minimum standard. Director of Planning W. Thomas Utter Assistant City Manager Attachments: Attachment I: Attachment II: Attachment III: Ordinance Amending the Dune Protection and Beach Access Plan Ordinance Amending Erosion Area Line Definition Section 10-1 of the City Code of Ordinances Ordinance Amending Ordinance No. 022164 Dune Protection and Beach Access Regulations AN ORDINANCE AMENDING CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH ACCESS PLAN, AN ELEMENT OF THE CITY OF CORPUS CHRISTI COMPREHENSIVE PLAN, BY ADOPTING A POLICY STATEMENT IN SUPPORT OF PACKERY CHANNEL, REVISING THE DEFINITION OF EROSION AREA LINE AND DESCRIPTION OF ERODING AREA BOUNDARY, AND BY REVISING FIGURE 5, WHICH ILLUSTRATES THE BEACHFRONT CONSTRUCTION LINE, EROSION AREA RESTRICTION LINE, EROSION AREA LINE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning amendments to the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2001, during a meeting of the Planning Commission and on Tuesday, November 20, 2001, during a meeting of the City Council, in the Council Chambers at City Hall, in the City of Corpus Christi, allowing all interested persons 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 Part ll.B. of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is amended by adding a new policy statement to read as follows: "DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan "11. POLICY STATEMENTS "B. LOCAL ACTION POLICIES R12844A2.doc 2 "10. The City will pursue reopeninq and improvement of"Packery Channel" for the purpose of providinq a recreational boat pass and enhanced water exchanqe to the La.quna Madre from the Gulf of Mexico (See Fiqure 1.A). The project will provide greatly improved recreational facilities, economic development potential on adjacent public and private lands. Siqnificantly, the project will provide renourishment to th~, beach in front of the Seawall immediately and in the future from maintenance dredqing. (The project is officially a Federal action and known as the North Padre Island Storm Damaqe Reduction and Environmental Restoration Proiect.) The Packery Channel Project, when completed, will provide a world-class multipurpose development unique to the Texas Coast with the potential to attract tourists from all over the state and nation. The project is consistent with John F. Kennedy Causeway Recreation Area Master Plan Study adopted by the Texas General Land Office in 1990." SECTION 2. That the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Chdsti Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is amended by adding a new Figure lA, Packery Channel Design Concept, which is attached to and incorporated into this ordinance as Attachment A. SECTION 3. That the definition of"Erosion Area Line" in Part III, Definitions, of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is revised to read as follows: "DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan "Ill. DEFINITIONS "To optimize consistency with state law, applicable definitions from Title 31, Chapter 15 of the Texas Administrative Code are incorporated as part of this Plan and are included below. Several of these definition are illustrated in Figure 2 - Typical Cross-Section of a Barrier Island. "Erosion Area Linc 9oundary -- An imaginary line projected landward from the vegetation line into the future for a period of ..... , (60) fifty (50) years based on annual historical erosion rates determined by the University of Texas, Bureau of Economic Geology or two hundred (200) feet whichever is greater. The erosion area boundary is synonymous with the 'erodinq area line' as used in the City Of Corpus Christi, Texas Dune Protection And Beach Access Regulations, as codified in Chapter 10, Beachfront Manaqement and Construction, of the Code of Ordinances." R12844A2.doc 3 SECTION 4. That the third paragraph of Part V.C., Geographic Scope and Authority, of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is revised to read as follows: "DUNE PROTECTION AND BEACH ACCESS PLAN An Element of the Comprehensive Plan "V BEACH ACCESS PLAN "C GEOGRAPHIC SCOPE AND AUTHORITY "Areas which are experiencing erosion of the shoreline stand additional concern as any structures located in these areas will be at the highest risk of damage in the shortest time period. Under rules established by the General Land Office, which are applicable to both beach access and dune protection review procedures, construction in the eroding areas must be responsive to the risk of erosion in the future. Utilizing erosion data provided by the Bureau of Economic Geology, an erosion area boundary has been identified which projects potential erosion 60 50 years into the future. Figure 5. Within this area additional construction standards will apply. These standards are included within the Dune Protection and Beach Access Regulations. Th:: crcc!c~ SECTION 5. That Figure 5, Beachfront Construction Line, Erosion Area Restriction Line, Erosion Area Line, of the City Of Corpus Christi, Texas Dune Protection And Beach Access Plan, an element of the City of Corpus Christi Comprehensive Plan, as adopted by Ordinance 022165 on February 28, 1995, is amended by substituting the revised Figure 5, which is attached to and incorporated into this ordinance as Attachment B. 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 of this ordinance be given full force and effect for its purpose. SECTION 7. 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. R12844A2.doc 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: Samuel L. Neal, Jr. Rex A. Kinnison Brent Chesney John Longoria Javier D. Colmenero Jesse Noyola Henry Garrett Mark Scott Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2001 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly PASSED AND APPROVED, this the ATTEST: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott __ day of ,2001. Armando Chapa City Secretary APPROVED: 16th day of November, 2001: James R. Bray, Jr. City Attorne,A R. ing t First Assistant City Attorney Samuel L. Neal, Jr. Mayor 4 R12844A2,doc Exhibit for Coastal Erosion :Planning and Response Act Texas General Land Office FIGURE lA MOLLIE BEATTIE I qABI TAT LIGHT BULKHEAD -' 845JETTY ONSHORE SECTION TIMBE~ Proposed project components including Packery Channel, beach oarks, renourished beach and habitat conservation areas. ATTACHMENT A ®i m ®i ATTACHMENT B AN ORDINANCE AMENDING THE DEFINITION OF "EROSION AREA LINE" IN SECTION 10-1 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the definition of "Erosion Area Line" in the City Of Corpus Christi, Texas Dune Protection And Beach Access Regulations, as codified in Chapter 10, Beachfront Management and Construction, of the Code of Ordinances. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2001, during a meeting of the Planning Commission and on Tuesday, November 20, 2001, during a meeting of the City Council, in the Council Chambers at City Hall, in the City of Corpus Christi, allowing all interested persons 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 definition of "Erosion Area Line" in Section 10-1 of the Code of Ordinances, City Of Corpus Christi, is revised to read as follows: "Chapter l0 BEACHFRONT MANAGEMENT AND CONSTRUCTION* "ARTICLE I. DEFINITIONS "Sec. 10-1. Definitions. "The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise. "Erosion area line means an imaginary line projected landward from the vegetation line · ;v~.. (~0) fifty (50} years based on annual historical erosion into the future for a period of s._.~ rates determined by the University of Texas, Bureau of Economic Geology or two hundred (200) feet whichever is greater. The erosion area line is synonymous with the 'erodinq area boundary' authorized in the definition of 'erodinq area' in 31 TAC 15.3 and as used in the City of Corpus Christi Dune Protection and Beach Access Plan." R12845C2.doc 2 SECTION 2. If for any roason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance 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. R12845C2.doc 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. 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 Bill Kelly PASSED AND APPROVED, this the ATTEST: ,2001 by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott day of ,2001. Armando Chapa City Secretary APPROVED: 16th day of November, 2001: James R. Bray, Jr. City Attorney R. J,,~ R ining J First Assistant City Attorney Samuel L. Neal, Jr. Mayor 3 R12845C2.doc AN ORDINANCE AMENDING ORDINANCE NO. 022164, WHICH ADOPTED THE CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH ACCESS REGULATIONS, BY REVISING APPENDIX III, BEACHFRONT CONSTRUCTION LINE, EROSION AREA RESTRICTION LINE, EROSION AREA LINE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning an amendment to Appendix III, Beachfront Construction Line, Erosion Area Restriction Line, Erosion Area Line, of the City Of Corpus Christi, Texas Dune Protection And Beach Access Regulations, as adopted by Ordinance 022164 on February 28, 1995. WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 7, 2001, during a meeting of the Planning Commission and on Tuesday, November 20, 2001, during a meeting of the City Council, in the Council Chambers at City Hall, in the City of Corpus Christi, allowing all interested persons 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 Appendix III, Beachfront Construction Line, Erosion Area Restriction Line, Erosion Area Line, of the City Of Corpus Christi, Texas Dune Protection And Beach Access Regulations, as adopted by Ordinance 022164 on February 28, 1995, is amended by substituting the revised Appendix, which is attached to and incorporated into this ordinance as Attachment A. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. 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. R12845B1.doc 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. 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 Garret[ Bill Kelly PASSED AND APPROVED, this the ATTEST: ,2001 by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott day of ,2001. Armando Chapa Ci~ Secretary APPROVED: 16th day of November, 200!: James R. Bray, Jr. City Attorney R. j2a~ ,l~eir~in g ~/ First Assistant City Attorney Samuel L. Neal, Jr. Mayor 2 R12845Bl.doc hL L F c FG 0 o 000 CORMS - DHRISTI— _ S. ,.�... ..... '� - BAY . _ i ISJwEruw r 6EAlal Lk _ . _ — STALE v.Nt _ • y r n . Y I F \ . p7flT I IExE.PTI A.iAKSAS It ® 16 T O 10 12 0 ® O O 19 ® 2001E •:: MU XD n 20011 200 D 200 K 20011 200 N \ GULF OF WXIOO APPENDIX III ........... BEACHFRONT CONSTRUCTION LINE AS OF DATE OF TTIS OROWNICE THE lNE My BE AUTOMATICALLY RELOCATED BY CONSTRUCTION OF NEW FUDI-C ROADS. unuuuw EROSION AREA RESTRICTION LINE .A•.Atiwrw EROSION AREA LINE OGTANm NDIOAM AM LK DFAIH0 OF EINE OF VEGETATION AT BUREAU OF ECONOMIC ® GEOLOGY$ SHIORELNE AEONTOIt10 STATIONS 200 It 11-07-01 STATION / STATION ST® MEAN 1011 TIOE © cmf of rnexlco 200 N r •• ........• 122 � - ..t IEAEMPT) ® ® Q 400II n ® . ® ® © 1I 200 H 100 n 200 l A.20011 `i 200 H 20D .• Zoo iL 2D1t INSET PACKERY i ISJwEruw r 6EAlal Lk _ . _ — STALE v.Nt _ • y r n . Y I F \ . p7flT I IExE.PTI A.iAKSAS It ® 16 T O 10 12 0 ® O O 19 ® 2001E •:: MU XD n 20011 200 D 200 K 20011 200 N \ GULF OF WXIOO APPENDIX III ........... BEACHFRONT CONSTRUCTION LINE AS OF DATE OF TTIS OROWNICE THE lNE My BE AUTOMATICALLY RELOCATED BY CONSTRUCTION OF NEW FUDI-C ROADS. unuuuw EROSION AREA RESTRICTION LINE .A•.Atiwrw EROSION AREA LINE OGTANm NDIOAM AM LK DFAIH0 OF EINE OF VEGETATION AT BUREAU OF ECONOMIC ® GEOLOGY$ SHIORELNE AEONTOIt10 STATIONS 200 It 11-07-01 STATION / STATION ST® MEAN 1011 TIOE © cmf of rnexlco 200 N ~,,,.~ CITY COUNCIL AGENDA MEMORANDUM AGENDAITEM: DATE: November 9, 2001 1. Public Hearing to receive input concerning the adopting of an ordinance to expand the area of the City's State designated enterprise zone and designate that same area as a reinvestment zone. 2. Ordinance expanding and renewing the boundaries of the Corpus Christi Enterprise Zone and authorizing the filing of an Enterprise Zone application with the Texas Department of Economic Development; further nominating the expanded Enterprise Zone as a Reinvestment Zone and declaring an emergency. 3. Resolution nominating and designating Vision Technologies Aerospace, Ltd. as a qualified business and enterprise project pursuant to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. ISSUE: Vision Technologies Aerospace, ltd. has requested that the City of Corpus Christi consider placing their proposed aviation maintenance industry within the State approved Corpus Christi Enterprise Zone. In order to accomplish their request, the Enterprise Zone would have to be amended to enlarge the Zone to include their facility (see attached map). This enlargement would include the entire Airport property which is 3.794 sq. miles. The Vision Technologies project would then need to be nominated by the City as a qualified business and an Enterprise Zone project which would then be forwarded to the Texas Department of Economic Development for their review and consideration. Only the City Council can authorize an application for expansion of the Enterprise Zone and nominate a project as an Enterprise Zone project. The project, as described, would generate 450 full-time equivalent employees in the first three years of operation. The initial average annual salary of each worker hired is estimated to be approximately $40,000 per year. The company can potentially employ 1,500 workers if six hangars are completed, and the facility will have approximately $30 million in taxable personal property. PREVIOUS COUNCIL ACTION: The City Council originally established the Enterprise Zone in November 1989 and has modified the boundaries on a number of occasions to include various businesses. In addition, a new Enterprise Zone application was filed by the City and approved by the State in December 1997. In 1999, the Zone was expanded. CONCLUSION AND RECOMMENDATION: Staff believes that Vision Technologies Aerospace, ltd. will be a major asset for the City through the generation of over 450 full-time equivalent jobs in the first three years. Staff is recommending approval of both expanding the Zone as proposed and nomination of Vision Technologies Aerospace, Ltd. As an Enterprise Zone Project by the City Council. W. Thomas Utter Assistant City Manager BACKGROUNDINFORMATION The Texas Department of Economic Development operates an Enterprise Zone Program under State law. Under the program, any city or county can nominate an area, which meets a number of statutorial requirements for designation as a Texas State Enterprise Zone. These requirements are pervasive poverty, high unemployment, substandard or vacant buildings, and other similar criteria. Such an area nominated by a city and approved by the Texas Department of Economic Development becomes a Texas Enterprise Zone, which then can offer significant state benefits for businesses and industries locating new facilities within the Zone. Any significant industry proposing to locate in a designated zone and willing to hire twenty- five percent of its new or expanded work force from either enterprise zone area residents or other economically disadvantaged persons from the community can apply for designation as an enterprise zone project. In return, state law offers a rebate of state sales tax on the cost of construction or equipment for the new facility up to $2,000 per new employee. In addition, all or a portion of the state franchise tax can be recouped by the designated business. Across the State of Texas, there are over 175 active enterprise zones in existence. The Corpus Christi City Council nominated the Corpus Christi Enterprise Zone in October 1989 by Resolution #20806. The area nominated ran roughly from the bayfront westward to McBride Lane with the north boundary being the city limits and the south boundary roughly the Agnes-Laredo corridor. This area was approved by the State on November 22, 1989. During the same time period, the City nominated the Greyhound Racetrack as an enterprise zone project, which was approved by the Texas Department Economic development. Subsequently, in October 1991, the City Council nominated the expansion of the original enterprise zone by Ordinance #21265 to include the Koch Refining and the Valero plants north of 1-37 and nominated these two projects as enterprise zone projects. Both of these nominations were approved by the State on December 23, 1991. In August 1994, the City Council nominated the expansion of the Enterprise Zone to include the area of Coastal Refining & Marketing, Citgo Refining & Chemicals, Inc. and 100 South Padre Island/Industrial Technology Park. At the same time, the City Council nominated as enterprise zone projects the First Data Corporation, Coastal Refining & Marketing, and Citgo Refining & Chemicals, Inc. Both the expansion and the projects were approved by the Texas Department of Economic Development. In May 1995, the City Council nominated the expansion of the Enterprise Zone to include a large portion of the land north of the ship channel as requested by the Port of Corpus Christi. This expansion was approved by the Texas Department of Economic Development. The Council in November 1995 nominated the Trinity Towers Limited Partnership as an Enterprise Zone project and the project has been completed. In addition, the City Council placed both the Sitel Corporation and the APAC Corporation in the Enterprise Zone, both of which were approved by the State. The Trinity Towers Project is the classic type of redevelopment project envisioned by the Enterprise Zone Act, while the APAC and Sitel projects create very significant job opportunities. The original Zone expired in 1997, and the City applied for and received approval of renewal for an additional seven years, beginning on November 1, 1997, running through 2004. The City of Corpus Christi expanded the boundaries in 1999. To date, the designated Enterprise Zone projects have resulted in over $2.5 billion in construction or planned construction and the creation or proposed creation of approximately 3,000 jobs. The capital investment in the Corpus Christi Zone represents over 1/3 of all capital investment in all of the State enterprise zones combined. AN ORDINANCE EXPANDING AND RENEWING THE BOUNDARIES OF THE CORPUS CHRISTI ENTERPRISE ZONE AND AUTHORIZING THE FILING OF AN ENTERPRISE ZONE APPLICATION WITH THE TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT; FURTHER NOMINATING THE EXPANDED ENTERPRISE ZONE AS A REINVESTMENT ZONE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi, Texas, (the "City") has recognized the importance of economic development to the City; and WItEREAS, the City has determined that there are benefits for the City which may be derived from having an Enterprise Zone Program in accordance with the Texas Enterprise Zone Act, Texas Government Code Section 2303 (the "Act"); and WHEREAS, the Ciu' has directed the CiD' Manager to develop a Cits' of Corpus Christi Enterprise Zone Program and to recommend the definite geographical boundaries and specific economic development incentives of such Enterprise Zone Program; and. WHEREAS, the Act contemplates nomination by the City to the Texas Department of Economic Development. of any economically distressed area within the City which meets the criteria of the Act as a potential enterprise zone; and WHEREAS, in accordance with the Act, the Texas Department of Economic Development heretofore approved, on November 22. 1989, the nomination of the City of Corpus Christi Enterprise Zone ("Zone") as an enterprise zone pursuant to the City's Resolution No. 20806; and WHEREAS, a new enterprise zone tthe Corpus Christi 1997 Enterprise Zone) was approved by the Texas Department of Economic Development on January 13. 1998 in accordance with the Act, pursuant to the City's Ordinance No. 023867 (December 14. 1999); and WHEREAS, the Corpus Christi 1997 Enterprise Zone was expanded pursuant to Ordinance No. 023867 on December 14. 1999 and renamed the Corpus Christi 2000 Enterprise Zone. and was approved by the Texas Department of Economic Development; and WHEREAS, the City now desires to renew and amend the boundaries of the Zone in accordance with the Act and subject to the approval of the Texas Department of Economic Development: and WHEREAS, iii compliance xxith the Act. on November 20. 2001. the City held a public hearing to considcr renewing and expanding the boundaries of the Zone: WHEREAS, the City Council further wishes to nominate the expanded Enterprise Zone as a reinvcstment zone. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. The boundaries of the Zone as expanded, mom particularly described tin Exhibit A. I metes and bounds description l and drav. n on the proposed zone map identified as Exhibit B. both attached hereto and incorporated herein tbr all purposes, and all such areas described on Exhibits A and B will be hereinafter singly named and referred to as the "Corpus Christi 2000 Enterprise Zone" ("2000 Zone"). SECTION 2. The City has determined and finds that the 2000 Zone meets the requirements of Section 2303.101 of the Act, namely (1) the boundaries of the 2000 Zone do not exceed the original size limitations and boundary, requirements of the Act and do not exclude any part of the Zone as originally designated: (2) the 2000 Zone currently meets and will continue to meet all unemployment and economic distress criteria throughout the 2000 Zone as prescribed and required by Section 2303.102 of the Act; (3) the 2000 Zone satisfies the criteria for designation as a reinvestment zone as specified in Section 2303.507 of the Act: and (4) the City has not made more than one boundary amendment over the past 3'ear during the zone designation period. SECTION 3. Pursuant to the Act, the 2000 Zone is hereby nominated as an enterprise zone, subject to the approval of the Texas Department of Economic Development in accordance with the Act. SECTION 4. The City will provide certain tax and other incentives applicable to business in the enterprise zone. the first six of which are not available throughout the City as 9. 10. 11. follows: 1. 2. 3. 4. 5. Designated Public Works Improvements: Enterprise Zone Signage Program: Enterprise Zone Expeditor: Weed and Seed Program as designated by the U.S. Department of Justice: Authorize the Ci~' Manager to engage in certain public/private partnerships with proposed enterprise zone projects for purposes of offering incentive(s) unique to such proposals: Tax Increment Financing in the Reinvestment Zone #I, as established in Ordinance No. 19708; City of Corpus Christi Tax Abatement as provided by the Guidelines and Criteria for Granting Tax Abatement: Tax Exempt Revenue Bonds: The Corpus Christi Foreign Trade Zone: Federal Economic Development Administration (EDA) Public Works Grants: Corpus Christi Commercial Rehabilitation Loan Program. SECTION 5. The City of Corpus Christi Office o£ the City Manager is hereby designated as the City's administrative agency to administer the Act within the 2000 Zone located wholly within the area of the corporate limits and the extraterritorial jurisdiction of the City. SECTION 6. The City Manager or his designee is authorized and directed to submit an application to the Texas Department of Economic Development for the designation of the 2000 Zone as a designated enterprise zone pursuant to the Act. The Assistant Cits.' Manager for Intergovernmental Relations is directed to act as a liaison and authorized representative to the Texas Department of Economic Development. SECTION 7. The City Manager or his designee is authorized to sign and enter into a negotiated agreement with the Texas Department of Economic Development. and to take all action necessary, to accomplish the purposes of this ordinance. SECTION8. All City Ordinances and Resolutions, and provisions of City Ordinances and Resolutions, in conflict herewith are hereby expressly repealed; SECTION 9. reinvestment zone. The City hereby nominates the expanded Enterprise Zone as a SECTION 10. The provisions of this Ordinance are severable. If any section. subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared invalid by any court of competent jurisdiction, such declaration of invalidity, does not affect the remainder of this Ordinance which continues in effect. SECTION 11. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the __ day of ,2001. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary, Arrnando Chapa Legal form ap. proved /~}~,. t ~ Jam~ R. Bray. Jr.. C~y Attorney 2001; Samuel L. Neal, Jr., Mayor Corpus Christi. Texas Day of 20 TO TIlE MEMBERS OF TIlE CITY COl 7'4CIL Corpus Christi. Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr.. Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal. Jr. Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison Bill Kelly John Longoria Jesse Noyola Mark Scott EXHIBIT A Description of a '19.661 square mile area, more or less, being the overall boundary of the Corpus Christi 2001 Enterprise Zone, further described by general metes and bounds as follows: Beginning at the intersection of Shoreline Boulevard and Ocean Drive; Thence Northerly along Ocean Drive to Buford Street: Thence Westerly along Buford Street to South Water Street; Thence Northerly along South Water Street to Hancock Street; Thence Westerly along Hancock Street to South Carancahua Street; Thence Northerly along South Carancahua Street to Agnes Street; Thence Westerly along Agnes Street to South Brownlee Boulevard; Thence Southerly along South Brownlee Boulevard to Morgan Avenue; Thence Westerly along Morgan Avenue to the East R.O.W. line of South Port Avenue; Thence Southeasterly along the Easterly R.O.W. line of South Port Avenue and its Southeasterly extension, to its intersection with the East R.O.W. line of Ayers Street; Thence Southeasterly along the East R.O.W. line of Ayers Street, to its intersection with the centedine of South Padre Island Drive (State Highway 358); Thence Northwesterly along the centertine of South Padre Island Drive, to its intersection with the centerline of Greenwood Drive; Thence Northeasterly along said centedine of Greenwood Drive, to its intersection with the Northeast R.O.W. line of Gollihar Road; Thence Sou. theasterly along the Northeast R.O.W. line of Gollihar Road, to its intersection with the West R.O.W. line of Ayers Street; Thence Northerly along the West R.O.W. line of Ayers Street, to its intersection with the Westerly R.O.W. line of South Port Avenue; Thence Northerly along the Westerly R.O.W. line of South Port Avenue, to its intersection with Agnes Street; Thence Westerly along Agnes Street to the East R.O.W. line of Airport Road; Thence Southerly along the East R.O.W. line of Airport Road to the East R.O.W. line of Old Brownsville Road; Thence Southwesterly along the East R.O.W. line of Old Brownsville Road to the South R.O.W. line of Bear Lane; Thence Westerly along the South R.O.W. line of Bear Lane to the East R.O.W. line of Cliff Maus Drive; Thence Southerly along the East R.O.W. line of Cliff Maus Drive to its intersection with the Northerly R.O.W. line of South Padre Island Drive; Thence Easterly along the Northerly R,O.W. line of South Padre Island Drive, to its intersection with the Southerly R.O.W. Line of West Point Road; Thence Westerly along the South R.O.W. line of West Point Road and its Westerly extension, to its intersection with the Southeast R.O.W. line of Old Brownsville Road; Thence Southwesterly along the Southeast R.O.W. line of Old Brownsville Road, to its intersection with the Southerly extension of the West Line common to Lots 12 and 13, Section 5, Range VIII and Industrial Technology Park Unit 1; Thence North 0° 16' 00" East along said common West Line and its extension to its intersection with the North R.O.W. line of Bear Lane; Thence Easterly along the North R.O.W. line of Bear Lane to its intersection with the West R.O.W. line of North Padre Island Drive, for a corner; Thence Northerly along the West R.O.W. line of North Padre Island Drive, to its intersection with the Westerly extension of the common boundary of Lots 1 and 2, Block 5 of the partition of the J. C. Russell Farm Blocks. shown in vol. 28, Pages 58 and 59, Nueces County, Texas Plat Records, and Section 7, J. C. Russell Farm Blocks, shown in Vol. 3, Page 53, Nueces County, Texas Plat Records, for a corner; Thence East, with said common boundary of said Section 7 and of said Lots 1 and 2, Block 5 and with the common boundary of said Lot 2, Block 5 and Lot 1, Block 4-C, Roblex Industrial Area, a map of which is recorded in Volume 25, Page 84, Nueces County, Texas Map Records, a distance of 2,342.68 feet, more or less, to a point on the West R.O.W. line of Flato Road, for a corner; Thence Southerly, along the West R.O.W. line of existing 52 feet wide Flato Road, a distance of 3,219.12 feet, more or less, to the Northeast corner of Lot 2-B, Block 4, of Baldwin Farms Incorporated Partition of J. C. Russell Farm Tracts, described in Exhibit "A" Tract 2, in Volume 1341, Page 117, Nueces County, Texas Deed Records, for a corner; Thence West, with the common boundary of Lots 2-A and 2-B, a distance of 1,195.68 feet to a 5/8 inch iron rod, set for the common corner of Lots l-A, l-B, 2-A and 2-B, Block 4 of said Baldwin Farms Incorporated Partition of J. C. Russell Farm Tracts; said common corner being the Southeast corner of a City of Corpus Christi Drainage R.O.W., which is recorded in Volume 2048. Page 699, Nueces County, Texas Deed Records, for a corner; Thence continuing West, with the South boundary of said City of Corpus Christi Drainage R.O.W. 1,188.00 feet, more or less, to a point on the East R.O.W. line of North Padre Island Drive, for a corner; Thence Southerly along the East R.O.W. line of said North Padre Island Drive, to its intersection with the North R.O.W. Line of Bear Lane, for a corner; Thence Easterly along the North R.O.W. line of Bear Lane to its intersection with the West R.O.W. line of Old Brownsville Road; Thence Northerly along said West R.O.W. line of Old Brownsville Road to its intersection with the West R.O.W. line of Airport Road; Thence Northwesterly with said West R.O.W. line of Airport Road to its intersection with the Easterly extension of a line 100 feet south of and parallel to Santa Elena Street; Thence Westerly along said line, to its intersection with a Tex-Mex R.R. spur West of and adjacent to Corpus Christi Industrial District No. 1 addition; Thence Northerly along said Tex-Mex R.R. spur, to its intersection with the South R.O.W. line of Agnes Street; Thence Westerly along the South R.O.W. line of Agnes Street to its intersection with the Northerly extension of the East boundary line of the Corpus Christi International Airport property, for a corner; Thence South 1° 42" East, 7,731.61 feet, more or less, to a set point for a corner of this tract; Thence South 88° 37' 00" West, 340.08 feet, to a set point for a corner of this tract; Thence South 0° 05' 40" West, 377.49 feet, to a set point for a corner of this tract; Thence South 82° 12' 00" East, 64.87 feet, to a set point for a corner of this tract; Thence South 43° 11' 05" East, 2100.97 feet, to a set point for a corner of this tract; 3 Thence due South 4425.91 feet to a concrete monument in the Southeast corner of said Tract 5, the Northeast corner of Tract 4, in the West line of Tract 3, said Margaret Kelly Land for the Southeast corner of this tract; Thence due West, with the North line of said Tract 4, a distance of 1,396.89 feet to a 5/8" iron roa for a corner of this tract; Thence due North, with a line that is 1,396.89 feet west of and parallel to the east line of said Tract 5, a distance of 2,233.99 feet to a 5/8 inch iron rod in the South line of Tract 6, said Margaret Kelly Land for a corner of this tract; Thence due West, with the North line of said Tract 5, a distance of 3,891.83 feet to a ~ inch iron pipe set in the east right of way line of Joe Mireur Road (State Highway No. 763) for a corner of said Tract 7, the northwest corner of said Tract 5, bears due west 40.00 feet; Thence South 0° 25° 50" West 1,081.17 feet, more or less. along the East right of way line of Joe Mireur Road (State Highway No. 763) and with aiine that is 41.87 feet west of and parallel to the last line of said Tract 8; Thence North 88" 22' 10" West, 1788.70 feet, to a set point for a corner of this tract; Thence North 0° 25' 50" East, 1443.12 feet, to a set point for a corner of this tract; Thence South 88° 22' 10" East, 1788.70 feet, to a set point for a corner of this tract; Thence North 0° 25' 50" West, 2156.26 feet, more or less, being on the center line of Joe Mireur Road (State Highway 763); Thence North 43° 11' 10" West, 1146.71 feet, more or less, being on the center line of Joe Mireur Road (State Highway 763); Thence South 88° 37' West, 3531.4 feet, continuing along the center line of McGIoin Road; Thence North 1 ° 42' 00" West, 3727.46 feet, to a set point for a corner of this tract; Thence South 8§;' 18' West, 806.70 feet, to a set point for a corner of this tract; Thence South 1° 55' East, 1033.0 feet, to a set point for a corner of this tract; Thence South 89° 02' West, 2325.27 feet, to a set point for a corner of this tract; Thence North 1 ° 38' 00" West, 322.37 feet, along the center line of Buckholt Road to a set point for a corner of this tract; Thence in the Northwesterly direction along the center line of Buckholt Road and with the arc of a curve whose central angle is 8° 55' 00", whose radius is 1,145.92 feet and a length of 178.32 feet, to a set point for a corner of this tract; Thence North 10° 33' 00" West, 371.66 feet along center tine of Buckholt Road, to a set point for a corner of this tract; Thence in the Northwesterly direction along the center line of Buckholt Road and with the arc of a curve whose central angle is 8" 51' 00", whose radius is 1,145.92 feet and a length of 176.99 feet, to a set point for a corner of this tract; Thence North 1 ° 42' West, 3820 feet, more or less, along center line of Buckholt Road and its Northerly extension, to its intersection with the North R.O.W. line of Agnes Street (S.H. 44), for a corner; Thence Easterly along the North R.O.W. line of Agnes St. (S.H. 44), to its intersection with the centerline of North Padre island Drive. for a corner; Thence Northerly along the centerline of North Padre Island Drive to the South R.O.W. line of I.H. 37; Thence Westerly along said South R.O.W. line of I.H. 37 to Corn Products Road; Thence Northerly along Corn Products Road to the North R.O.W. line of I.H. 37; Thence Westerly along said North R.O.W. line of I.H. 37 to Southern Minerals Road; Thence Northerly along said Southern Minerals Road to the South R.O.W. line of Up River Road; Thence Westerly along said South R.O.W. line of Up River Road to Hunter Road; Thence Southerly along said Hunter Road to the North R.O.W. of I.H. 37; Thence Westerly along said North R.O.W. line of I.H. 37 to the East boundary line of Lot 1, Block 1, Hunter Industrial Park as shown on Plat of Record In Vol. 43, Page 128, Nueces County Plat Records, Nueces County, Texas; Thence Northerly along said East boundary line of Lot 1, Block 1, Hunter Industrial Park to the South R.O.W. line of Up River Road; Thence Westerly aloqg said South R.O.W. line of Up River Road to its intersection with the Southerly extension of the West boundary line of the tract commonly known as the Koch Refining Tract described in the Corpus Christi Texas Enterprise Zone expansion by Ordinance No. 021265 dated October 8, 1991; Thence Northerly with said West boundary line, crossing Up River Road, to its intersection with the North R.O.W. line of Up River Road; Thence meandering with the boundary line of said Koch Refining Tract as follows: North 00°23'25'' West along the West Boundary line of an 81.3 Acre Tract out of Share No. 3, George Frank Partition, 3,088.32 feet, more or less, to a point on the center line of Hearns Ferry Road; Thence along the centerline of Hearns Ferry Road North 58 59'00" West, 235.56 feet; North 56059'00" West, 333.33 feet and North 44059'00'' West, 276.64 feet to intersect the West boundary of survey 421, Abstract No. 572 for a corner of this tract; Thence along said west boundary North 00031'00" West, 257.20 feet to the Southwest comer of a 281.15 acre tract owned by Port of Corpus Christi Authority of Nueces County, Texas, for the Northwest corner of this tract; Thence along the South boundary of said 280.15 acre tract, South 65°09'00'' East, 408.96 feet; South 83°28'15" East, 744.31 feet; South 29047'40'' East, 914.17 feet; South 54033'50" East, 574.28 feet; North 76°06'50'' East, 82.46 feet; South 79059'20" East, 1,075.17 feet; North 00017'50'' East, 50.00 feet and North 76006'20'' East 1961.27 feet to the East boundary of said survey 421 for an inside corner of this tract; Thence North 00°34'00'' West, along the East boundary of said Survey 421, 1337.50 feet to the Southwest R.O.W. of the Missouri Pacific Railroad for a corner of this tract; Thence along said Southwest R.O.W., South 66~17'10'' East, 2,965.10 feet to the point of curvature of a curve to the right which has a central angle of 10052'00'' and a radius of 5,679.65 feet; Thence in a Southeasterly direction along said curve on the Southwest R.O.W., an arc distance of 1,077.20 feet, to an intersection with the West R.O.W. line of Suntide Road for the Northeast corner of this tract; Thence South 00°19'40'' East, along the West R.O.W. line of Suntide Road, 1,804.07 feet to the point of curvature of a curve to the right which has a central angle of 01008'00'' and a radius of 11,429.16 feet; Thence along said curve in a Southerly direction continuing with the West R.O.W. line of Suntide Road an arc distance of 226.07 feet to the point of tangency; Thence continuing with the West R.O.W. line of Suntide Road South 00048'20'' West, 278.9 feet to the point of curvature of a curve to the left which has a central angle of 01°08'00" and a radius of 11,489.16 feet; 6 Thence along said curve in a Southerly direction continuing with the West R.O.W. line of Suntide Road an arc distance of 227.26 feet to the point of tangency of the North boundary of a 20 acre tract formerly owned by South Texas Construction Co; Thence South 00°19'40'' East, continuing along the West R.O.W. tine of Suntide Road, at 900.00 feet cross the common boundary of said 20 acre South Texas Construction Co. Tract and Westend Heights Annex, in all a distance of 1,322.80 feet to the Southeast corner of a 5.47 acre tract out of Tract 1, Westend Heights Annex, for a corner of this tract; Thence South 89°36'50'' West, along the South boundary of said 5.47 acre tract, 563.78 to its lower Southwest corner on the East boundary of Block A, Spurlock Addition, for an inside corner of this tract; Thence South 00°19'00" East, along the common boundary of Westend Heights Annex and Spurlock Addition, at 520.82 feet pass the Southwest corner of said Westend Heights Annex which comer is also the Northwest corner of Westend Heights and continuing South 00019'00'' East. along the common boundary of Westend Heights and Spurlock Addition in ail a distance of 1,446.72 feet to the Southeast corner of said Spurlock Addition on the North boundary of Up River Road; Thence Easterly along the North R.O.W. line of Up River Road to its intersection with the Southerly boundary line of Citgo Site 5 as of August 9, 1994; Thence meandering Northerly, then Westerly along said Southerly boundary line of Site 5 to the intersection with its Westerly boundary line; Thence, Northerly along the West line of Site 5 to its intersection with a line common with the East line of a 63.373 acre tract hereinafter referred to as the new Qualitech site, described in Deed Vol. 868, Pages 578-580 of the Deed Records of Nueces County, Texas; Thence meandering Westerly along the South line of the new Qualitech site, to its Southwesternmost corner; Thence Northerly along the West line of said new Qualitech site, to its northwest corner; Thence meandering Easterly along the North line of the new Qualitech site, to its intersection with the West line of Citgo site 5, for an inside corner; Thence meandering Northerly with said Westerly boundary line of Citgo Site 5 to the intersection with its North boundary line; Thence easterly along said North boundary line of Citgo Site 5 to its Northeast corner, the same being the Northwest corner of the tract commonly known as 'the Valero Refining Tract as described in the Corpus Christi Enterprise Zone Expansion by Ordinance No. 021265, dated October 8, 1991; Thence continuing easterly with the meanders of said North boundary line of Valero Refining Tract to its northeast corner; Thence Southerly with the meanders of said East boundary line of said Valero Refining Tract to its intersection with Up River Road; Thence Easterly along Up River Road to its intersection with County Road No. 52A; Thence Southwesterly meandering along the East boundary line of Citgo Site 2 as of August 9, 1994, to the North R.O.W. line of I.H. 37; Thence Easterly along said North R.O.W. line of I.H. 37 to the South R.O.W. line of Up River Road; Thence Westerly along said South R.O.W. line of Up River Road to the Southerly East boundary line of the Coastal-Quintana Plant Site as of August 9, 1994; Thence Southerly along said Southerly East line of the CoastaI-Quintana Plant Site to its South boundary line; Thence Westerly with said South boundary line of the Coastal-Quintana Plant Site to its Southerly West boundary line; Thence Northerly with said Southerly West boundary line of the CoastaI-Quintana Plant Site to Up River Road; Thence Easterly along Up River Road to the Northerly West boundary line of said Coastal-Quintana Plant Site; Thence Northerly with said Northerly West boundary line of the CoastaI-Quintana Plant Site to its North boundary line; Thence Easterly along the meanders of said North boundary line of said Coastal- Quintana Pla.n.t Site to its Northerly East boundary line; Thence Southerly with said Northerly East boundary tine of the Coastal-Quintana Plant Site to the North R.O.W. line of Up River Road at its intersection with the West R.O.W. line of existing 100 foot wide Navigation Boulevard; Thence in a Northerly direction with the Meanders of said West R.O.W. line of existing Navigation Boulevard and its Northerly extension, crossing the existing Corpus Christi Ship Channel, to its intersection with the North Bulkhead line of said existing Corpus Christi Ship Channel, for an interior corner; Thence South 66°04'20'' West, 1,034.68 feet, more or less, along said Bulkhead to a point, for a corner; Thence South 88013'42'' West, 2,344.69 feet along said Bulkhead line to a point, the point being an exterior corner; Thence North 77°38'31" West, 2,126.00 feet along said Bulkhead line to a point, the point being an exterior corner; Thence North 70°25'11" West, 1,045.00 feet along said Bulkhead line to a point, the point being the Southwest corner of the 878.89 ac. tract of the Port of CorPus Christi Authority; -. Thence North 19°52'29" East, 1,616.91 feet, more or less, to a point, for the Northwest corner of said 878.89 ac. tract of the Port of CorPus Christi Authority; Thence South 76o59'30" East, 591.56 feet along the centerline of the dredge material placement area levee to a point, said point being an interior corner; Thence South 84o15'42'' East, 1,671.80 feet along said levee to a point, said point being an interior corner; Thence North 88036'54" East, 610.64 feet along said levee to a point, said point being an interior corner; Thence North 78o50'57" East, 635.74 feet along said levee to a point, said point being an interior corner; Thence North 46°50'13" East, 482.32 feet along said levee to a point, said point being an interior corner; Thence South 65014'59'' East, 463.95 feet along said levee to a point, said point being an interior corner; Thence North 62023'39" East, 953.40 feet along said levee to a point, said point being an interior corner; Thence North 79o23'42" East, 1,492.89 feet along said levee to a point, said point being an interior corner; Thence North 50o37'36" East, 751.36 feet along said levee to a point, said point being an interior corner; Thence North 29°36'13'' East, 1,063.94 feet along said levee to a point, said point being an exterior corner; Thence North 46017'03'' East, 1,201,66 feet along said levee to a point, said point being an exterior corner; Thence South 89°07'17" East, 3,123.62 feet along said levee to a point, said point being an exterior corner; Thence South 529.01 feet along said levee to a point, said point being an interior corner; Thence North 88016'47" East, 1,436.37 feet along said levee to a point, said point being an exterior corner; Thence South 39°06'21'' East, 1,086.58 feet along said levee to a point, said point being an interior corner; Thence South 64°50'41" East, 999.67 feet along said tevee to a point, said point being an interior corner; Thence South 77018'38" East, 1,546.80 feet along said levee to a point, said point being an exterior corner; Thence South 54057'50'' East, 528.00 feet along said levee to a point, said point being an exterior corner; Thence South 21055'47'' East, 822.67 feet along said levee entering Central Power and Light Company property to a point, said point being the Northeast corner of said Port of Corpus Christi Authority 878.89 ac. tract; Thence South 23°44'26'' West, 789.01 feet along the centerline of a levee on Central Power and Light Company property to a point, said point being an exterior corner; Thence North 77045'46" West, 637.23 feet along the centedine of a levee leaving Central Power and Light Company property to a point, said point being an interior corner; Thence South 23°20'48'' West, 619.81 feet along the centerline of a levee located West of the Corpus Christi Public Elevator B-House to a point, said point being an exterior corner; Thence North 71°27'25'' West, 246.41 feet to a point for an exterior corner; Thence North 60°26'11" West, 219.05 feet to a point for an interior corner; Thence South 51036'49'' West, 504.42 feet parallel to the West fence of the Port of Corpus Christi Authority Public Elevator compound to a point on the North Bulkhead line 10 of the Corpus Christi Ship Channel, said point being the Southeast comer of said Port of Corpus Christi Authority 878.89 ac. tract; Thence North 44o19'29'' West, 848.37 feet along said Bulkhead line to a point, said point being an interior corner; Thence North 66o39'08" West, 3,092.68 feet along said Bulkhead line to a point, said point being an interior corner; Thence South 89°56'53" West, 3,465.68 feet along said Bulkhead line to a point, said point being an interior corner; Thence South 58°38'48" West, 266.90 feet along said Bulkhead line to a Point, said point being an interior corner; Thence South 18°10'24'' West, 1,053.29 feet along said Bulkhead line to a point, said point being an exterior corner; Thence South 66o04'20" West, along said Bulkhead line, 1,755.10 feet, more or less, to a point, its intersection with the Northerly extension of the East R.O.W. line of existing 100 foot wide Navigation Boulevard, for an interior corner; Thence in a Southerly direction, with the meanders of said East R.O.W. line of existing Navigation Boulevard and its extension, crossing the Corpus Christi Ship Channel and continuing to its intersection with the North R.O.W. line of existing Up River Road, for an interior corner; Thence Easterly with said North R.O.W. line of Up River Road, to the West boundary line of the Coastal-West Plant as of August 9, 1994; Thence Northerly with the meanders of said West boundary tine of the Coastal-West Plant Site to its North boundary line; Thence Easterly with the meanders of said North boundary line of the Coastal-West Plant Site, passing its common boundary line with the Coastal-East Plant site and continuing Easterly with the North boundary line of said Coastal-East Plant as of August 9, 1994, to it.s. East boundary line; Thence Southerly with the meanders of said East boundary line of the Coastal-East Plant Site, passing its common line with Citgo Site 4 and continuing Southerly along the East boundary line of said Citgo Site 4 as of August 9, 1994, to the present city limit line; Thence Easterly along said present city limit tine to Poth Lane; 11 Thence Northerly along said Poth Lane passing Gibson Lane and continuing Northerly with the meanders of the West boundary line of Citgo Site 3 as of August 9, 1994, to its North boundary line; Thence Easterly along said North boundary line of Citgo Site 3 to the present city limit line; Thence Northeasterly along the meanders of said present city limit line to the existing Southerly shoreline of Nueces Bay; Thence Easterly with said Southerly shoreline of Nueces Bay, passing U.S. Hwy 181 and continuing Easterly then Southerly with the shoreline of Corpus Christi Bay, to U.S. Hwy 181; Thence Southerly along said U. S. Hwy 181, crossing the Corpus Christi Ship Channel to the existing shoreline of said Corpus Christi Bay; Thence Southerly along said shoreline of Corpus Christi Bay, (the existing seawall bulkhead), to its intersection with the Westerly extension of the existing breakwater; Thence Southeasterly along the meanders of said existing breakwater to Shoreline Boulevard; Thence Southerly along said Shoreline Boulevard to its intersection with Ocean Drive for the point of beginning. SAVE AND EXCEPT an area bounded by I.H. 37., Corn Products Road, and Citgo Site 2 as of August 9, 1994, and further described as follows: Beginning at the intersection of the NoC. h R.O.W. line of I.H. 37 and the East R.O.W. line of Corn Products Road; Thence Northerly along said East R.O.W. line of Corn Products Road to the Southwesterly boundary line of Citgo Site 2 as of August 9, 1994, its common boundary line with the Berry property; Thence Sout. heasterly with the meanders of said common line between the Citgo Site 2 and the Berry property to the North R.O.W. line of I.H. 37; Thence Westerly with said North R.O.W. line of I.H. 37 to its intersection with the East boundary line of said Corn Products Road for the point of beginning. SAVE AND EXCEPT an area bounded on the West by the Coastal-West Plant Site, on the North by the Coastal-East Plant Site and the Coastal-West Plant Site, on the East by Citgo Site 4 and on the South by Up River Road, as of August 9, 1994 and further described as follows: 12 Beginning at the intersection of the Westerly boundary line of Citgo Site 4 as of August 9, 1994 and the North R.O.W. line of Up River Road; Thence Northwesterly along said North R.O.W. line of Up River Road to its intersection with the Easterly boundary line of the Coastal-West Plant Site as of August 9, 1994; Thence Northeasterly along the meanders of the Easterly boundary line of the Coastal- West Plant Site to the North boundary line of this tract; Thence Easterly along the meanders of the Northerly South boundary line of the Coastal-West Plant Site crossing Cantwell Lane and continuing Easterly along the meanders of the Southerly boundary line of the Coastal-East Plant Site to the Westerly boundary line of Citgo Site 4; Thence Southerly along said Westerly boundary line of Citgo Site 4 to the North R.O.W. line of Up River Road for the point of beginning. ALSO SAVE AND EXCEPT an area West of and adjacent to Tecolote Road, including a portion of Hearns Ferry Road, bounded on the North by the Koch Refinery Site as described in the 1991 Expansion of the Corpus Christi Texas Enterprise Zone, bounded on the South by Up River Road and further described as follows; Beginning at the intersection of the North R.O.W. line of Up River Road and the West R.O.W. line of Tecolote Road for the Southeast corner of a 3.18 acre tract owned by Nueces Count~; Thence North 01°59'00'' East, along said West R.O.W. line of Tecolote Road to the Northeast corner of said 3.18 acre tract; Thence North 81°17'10'' West, 294.83 feet to the Northwest corner of said 3.18 acre tract for an inside corner of this tract; Thence South 00°02'50'' West, 434.69 feet to the Southwest corner of said 3.18 acre tract on the North boundary of Up River Road for a corner of this tract; Thence North 72°40'50'' West, along the North boundary of Up River Road 122.02 feet to an intersection with the East boundary of Hearns Ferry Road for the Southwest corner of a 23.804 acre tract formerly owned by Southern Mineral Corporation for a corner of this tract; Thence along the Northeast boundary of said Hearns Ferry Road which is also the Southwest boundary of said 23.804 acre tract, North 22023'00'' West, 149.52 feet; North 36037'00'' West, 326.99 feet; North 40°32'00'' West, 321.14 feet; North 64000'00'' West, 368.02 feet and North 31041'40'' West, 498.23 feet to the Northwest corner of said 23.804 acre tract for an inside corner of this tract; 13 Thence South 89018'30" West, 34.98 feet to a point on the Northeast boundary of an 81.30 acre tract of land conveyed by Julius I. Blucher to C.D. Johns by deed dated July 26, 1941, for an inside corner of this tract; Thence South 31041'40'' East, along the Northeast boundary of said 81.3 acre tract and on the centerline of Hearns Ferry Road 514.04 feet to the Southeast corner of said 81.3 acre tract for a corner of this tract; Thence South 89032'40'' West, along the South boundary of said 81.3 acre tract 597.60 feet to the Northeast corner of a 2.182 acre tract out of Share No. 3 of the George Frank Partition, for an inside corner of this tract; Thence South 00027'20'' East, 371.43 feet to the Southeast corner of said 2.182 acre tract on the North boundary of Up River Road for a corner of this tract; Thence Easterly along the meanders of said North R.O.W. Iine of Up River Road, crossing Hearns Ferry Road, to the intersection with the West R.O.W. line of Tecolote Road to the point of beginning. 14 RESOLUTION A RESOLUTION NOMINATING AND DESIGNATING VISION TECHNOLOGIES AEROSPACE, LTD., AS A QUALIFIED BUSINESS AND ENTERPRISE PROJECT PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CI-IAPTER 2303, TEXAS GOVERNMENT CODE. WHEREAS, the City of CORPUS CHRISTI, Texas ("CORPUS CHRISTI") desires to pursue the creation of an economic and social environment which will induce the investment of private resources in productive business enterprises located in the City of CORPUS CHRISTI Enterprise Zone ("Enterprise Zone") and will provide employment to residents of the Enterprise Zone and to other economically disadvantaged individuals; and WHEREAS, the Texas Enterprise Zone Act, Chapter 2303, Texas Governmem Code, as amended, (the "Act") authorizes the designation of enterprise projects within an enterprise zone, and WHEREAS, the City finds that VISION TECHNOLOGIES AEROSPACE, LTD., or its successor in interest, meets the criteria for designation as an enterprise project under the Act on the following grounds: 1. VISION TECHNOLOGIES AEROSPACE, LTD., is a "qualified business" under Section 2303.402 of the Act since it is engaged in the active conduct of a trade or business in the Enterprise Zone and at least twenty-five (25%) percent of the additional employees will be residents of the Enterprise Zone or economicaily disadvantaged individuals; H:\LEG-DIR~IMMY\WPDOCS\ 1JRB40~2.WPD 2. VISION TECHNOLOGIES AEROSPACE, LTD. is located in the Enterprise Zone which has an unemployment rate of not less than one and one-half (1-1/2) times the State unemployment rate; 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the Enterprise Zone; and 4. The designation of VISION TECHNOLOGIES AEROSPACE, LTD., as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the Enterprise Zone. WHEREAS, the City finds that it is in the best interest of the City to nominate VISION TECHNOLOGIES AEROSPACE, LTD.. as an enterprise project pursuant to the Act; therefore, BE IT RESOLVED BY THE CITY COI. YNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. The findings of the City Council and its actions approving this Resolution taken during its Regular Meeting are hereby approved and adopted. 2. .VISION TECHNOLOGIES AEROSPACE, LTD. is a "qualified business", as defined in Section 2303.402 of the Act. and meets the criteria for designation as an enterprise project. 3. The City hereby nominates VISION TECHNOLOGIES AEROSPACE, LTD. as an enterprise project pursuant to the Act, and authorizes the City Manager or his designee to file an application requesting designation of VISION TECHNOLOGIES AEROSPACE, LTD. as an H:\LEG-DIR\jimmy\WPDOCS\ 1JRB40'2.WPD 2 enterprise project with the Texas Department of Economic Development. and to execute all documents and agreements necessary to process said application. 4. The City finds and determines that VISION TECHNOLOGIES AEROSPACE, LTD. meets the criteria for tax relief and other incentives adopted by the City and hereby nominates VISION TECHNOLOGIES AEROSPACE, LTD. as an enterprise project in accordance with the Act on the grounds that it will be located wholly within the Enterprise Zone, and will create a higher level of employment, economic activity and stability. 5. The City finds and determines that it is in the best interest of the City to nominate VISION TECHNOLOGIES AEROSPACE, LTD.as an enterprise project pursuant to the Act. 6. Upon approval of the Texas Department of Economic Development, the Enterprise Project will be named VISION TECHNOLOGIES AEROSPACE, LTD. - CORPUS CHRISTI Project. 7. The enterprise project shall take effect on the date of designation of the enterprise project noted by the Texas Department of Economic Development and terminate five (5) years after date of designation. INTRODUCED AND PASSED by the City Council of the City of CORPUS CHRISTI, Texas, this ___ Day of ,2001. ATTEST: The City of Corpus Christi Armando Chapa, City Secretary Legal form approved on /~0 ~, H:\LEG-DIR\jimmy\WPDOCS\ 1JRB40- 2.WPD Samuel L. Neal, Jr. Mayor ,2001: Corpus Christi, Texas day of .2001 The above resolution was passed by the tbllowing vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Rex A. Kinnison Bill Kelly John Longoria Jesse Noyola Mark Scott H:\LEG-DIR\jimmy\WPDOCS\ IJRB40'2.WPD 5 21 CITY COUNCIL AGENDA MEMORANDUM DATE: November 16, 2001 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit an application to the U.S. Department of Commerce for an Economic Development Administration Grant of up to $1,500,000 to construct improvements on the property of the Corpus Christi International Airport in connection with the Vision Technologies Aerospace, Ltd. proposal. ISSUE: Vision Technologies Aerospace, Ltd. has proposed to lease facilities to be constructed at the Corpus Christi International Airport consisting of up to six aircraft hangars to accommodate a major aviation maintenance facility. As part of the package to construct the initial hangar, ~a concrete apron would need to be constructed. In order to defray a portion of the cost, the local partnership (County, Port, City and Corpus Christi Regional Economic Development Corporation) has suggested an application to the Economic Development Administration (EDA) for a matching grant of up to $1.5 million to assist in the construction. Congressman Ortiz' office has been very supportive of this project and grant application. In order for the City to apply, the City Council must authorize submission of the grant application. PREVIOUS COUNCIL ACTION: The City Council has before it at the Council Meeting of November 20, expansion of the Corpus Christi Ente[prise Zone and the nomination of Vision Technologies Aerospace, Ltd. for the same project. In the past, the City Council has approved submission of various EDA applications for projects which the City supported. A good example of these EDA applications was the DeDietrich project for which a $1.5 million grant was provided by EDA for water sewer and drainage improvements. RECOMMENDATION: City staff believes that the Vision Technologies Aerospace, Ltd. project will qualify for EDA funding and we know that we have the support of Congressman Ortiz' office. We believe that the project itself would be extremely beneficial for the City and, therefore, we solicit the approval of the City Council for submission. W. Thomas Utter Assistant City Manager RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT AN APPLICATION TO THE U.S. DEPARTMENT OF COMMERCE FOR AN ECONOMIC DEVELOPMENT ADMINISTRATION GRANT UP TO $1,500,000 TO CONSTRUCT IMPROVEMENTS ON THE PROPERTY OF THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONNECTION WITH THE VISION TECHNOLOGIES AEROSPACE, LTD., PROPOSAL WHEREAS, Vision Technologies Aerospace, Ltd., has proposed to build, on property of the Corpus Christi International Airport, a major aviation maintenance facility that will include up to six aircraft hangars, each capable of accommodating a wide-body aircraft; and WHEREAS, said project will provide a substantiai number ofwell-paid jobs for the Corpus Christi area, and will be extremely beneficial to the economy of the Corpus Christi area and the State. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The City Manager or his designee is hereby authorized to submit an application to the United States Depmhnent of Commerce for an Economic Development Administration Grant up to $1,500,000 to construct improvements on the property of the Corpus Christi International Airport in connection with the Vision Technologies Aerospace, Ltd., proposal. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED THIS THE I~ DAY OF ~1,)~ t,,'. ,2001: James R. Bray, Jr., City Attorney xl / 1JRB4000.003 CITY COUNCIL PRESENTATION MEMORANDUM November 14, 2001 AGENDA ITEM: Presentation of FY 2001-2002 1st Quarter Budget/Performance Report CITY STAFF PRESENTER: Name Mark L. McDaniel Title Director of Management and Budget ISSUE: The City Council has requested quarterly updates on the City's financial performance. With 25% of the year having expired,this report reflects actuais through October 31,2001. REQUIRED COUNCIL ACTION: No formal action is required Mark L. McDaniel Director of Management and Budget Attachments: FY 2001-2002 1"t Quarter Budget and Performance Report (under separate cover) FY2001-2002 Budget/Performance Report 1st Quarter Period Ended October 31, 2001 City of Corpus Christi, Texas Office of Management & Budget The format of this quarterly report has been further modified to include estimated beginning and closing balances for each fund. A special section - Financial Analysis - has been added to the end of this Report to provide up to date analysis and estimates of the fiscal impact of September llth events. General Fund YTD Revenues $12. $9. $6- 3.3 4.9 4.7 4.7 4.7 3.2 2.2 7.6 $0- Property Tax Other Taxes Franchise Fees Solid Waste 0.9 0.9 Municipal Court Other l~evenue I Y T D2001-02 ~YTD2000-01 General Fund YTD Expenditures $18- 15.1 $15. $12- $9- $6 $3- 4.1 3.4 3.2 $0. 3.1 2.8 1.3 1.2 0.6 0.5 0.7 0.7 · YTD 2001-02 [] YTD 2000-01 Enterprise Funds YTD Revenues $20 18.6 $16 $12 $8 $4 $0 Water 7,~ 7.9 5.2 4.5 1.7 1.5 1.3 1.2 0.5 0.5 Gas Wastewater Airport Ar~ulance II YTD2001-02 I YTD2000-01] Goff 0.3 0.3 Marina Enterprise Funds YTD Expenditures $2O $16 $12 10.8 10.9 ~ $8 1.2 1.4 1.2 1.20.4 so ~ l~ , ~ , -- ,o.~ ,o.~ o.~ ~ Water Gas Wastewater Airport Ambulance [' YTD2001-02 [] YTD2000_011 Coif Marina Internal Service Funds YTD Revenues $8 $6. 6.9 6.4 i$4 3.1 4.3 $2. $0- 0.7 0.7 1.3 1.2 0.3 0.2 Stores Maintenance MIS Engineering Svces. Svces I1 YTD 2001-02 I YTD 2000-01 ] Liab/Employee Internal Service Funds YTD Expenditures $6 5.9 5.8 $4 $2. $0- 3.0 2.1 0.67700.6 1.0 0.8 0.7 0.7 Stores Maintenance MIS Engineering Liab/Employee Svces. Svces · YTD 2001-02 I YTD 2000-01 Special Revenue Funds YTD Revenues $2 1.1 1.1 1.0 0.3 0.6 0.6 $0- Hotel Occupancy 0.1 0.05 Reinvestment Zone # ! 0.1 0.1 Visitor's Facility LEPC Crime District l al YTD 2001-02 [] YTD 2000-01 Special Revenue Funds YTD Expenditures $2- 1.6 1.3 1.0 0.8 0.7 $0- Hotel Occupancy 0.3 0.03 0.02 0 0 Reinvestment Zone #1 Visitor's Facili~ LEPC Crime District II YTD 2001-02 [] YTD 2000-01 Questions & Comments . . ~ ~-. CITY COUNCIL AGENDA MEMORANDUM PRESENTATION November 20, 2001 AGENDA ITEM: Presentation on City's Financial Services - Safety and Risk Management Programs CITY STAFF PRESENTER(S): Name Jorge G. Cruz-Aedo Title Director of Financial Services Dept/Division Financial Services ISSUE: Quarterly update on City's Health Insurance Program, as well as a summmy of Safety and Risk Management's other programs. BACKGROUND: Since the July quarterly report, the City's overall health program has remained relatively stable. We have vigorously managed the Citicare program relative to benefits, premium adjustments, and increased case management. The result of these efforts are reflected in the stability of that program. The Public Safety Citicare and Citicare-Fire Plans continue to either operate with a negative cash flow or a continuously reduced cash flow. Plan benefits and premium adjustments continue to be discussed during the collective bargaining process, although at the last Council meeting, Police agreed to increased premiums and plan amendments which should correct this situation with the Police Plan. Safety and Risk's other programs (general/auto liability, workers' compensation) are being reviewed for safety program enhancements which will result in cost saving opportunities. These efforts include the marketing of purchased insurance, such as flood insurance, boiler insurance, ah'port liability, excess workers' compensation, excess gas liability, property insurance and employee dishonesty bonds, through the Request for Proposal process. Emphasis is being placed on the active review of claims, both liability and workers' compensation, which will result in further cash savings opportunities. Additionally, Safety and Risk Management will be issuing a Request for Proposal for pre-certification/utilitization review within 30 days. RECOMMENDATION: As of July 31, 2001, the City's overall combined health insurance program has remained stable, Citicare-Fire being the exception. While these fmdings are for the quarter ending October 31, the overall health program is expected to end on a positive note. The individual program changes taken to con~'ol Citicare, Cificare Q-Phis, and Public Safety Cificare have been very effective. The continued lack of control in benefits and an inadequate premium for Citicare - Fire create the greatest exposure to the financial stability of the health plan and would create financial demands on the General Fund in the future if not corrected. In reviewing the other Safety and Risk Management programs, workers' compensation costs and general/auto liability, cost of claims continue to increase. Safety and Risk Management is developing a more rigorous safety program for City employees in order to help identify problem areas and ways to improve them. REQUIRED COUNCIL ACTION: required. Attachment: Presentation This prese~nf~rmational purposes only and no action is City of Corpus Christi, Texas Financial Services — Risk Management Quarterly Update November 20, 2001 TOTAL CASH FLOWS FOR ALL PLANS August 2001 - October 2001 • Contributions • Health Care Costs • Net Income Ending Balance FY 2000-01 Total $4,072,331 (1938,590) $ 133,741 $ 604,652 $ 738,393 2 City of Corpus Christi All Plans Percentage of Claim Dollars Diagnostic, X-ray & Lab 18.90% Out -Patient Hospitalization 23.39% Vision 0.00% Other Therapy Wellness 1.58% 4.14% 2.45% - Physician's Services 16.16% Dental 0.00% Prescriptions 10.94% In-patient Hospitalization 22.44% 3 City of Corpus Christi All Plans In & Out of Network Cost Out-ot-Area Out -of -Network 2.52% In -Network 93.06% Cd City of Corpus Christi All Plans Preferred Provider Organization Savings 80% 70% 60% 50% 40% 30% 20% 10% 0% '7Z LK 4 A§yr P 0 0 O`f hod te6 5 Ay 4 A§yr P 0 0 O`f hod te6 5 CITICARE CASH FLOWS August 2001 - October 2001 • Contributions • Health Care Costs • Net Income Ending Balance FY 2000-01 Tota $2,625,499 (254549_21) $ 794578 $ 845,877 $ 925,455 0 CITICARE QmPLUS CASH FLOWS August 2001 - October 2001 • Contributions • Health Care Costs • Net Loss Ending Balance FY 2000-01 Total $10,749 13 106 ($2,357) ($24793) ($5,150) CITICARE-FIRE CASH FLOWS August 2001 = October 2001 • Contributions • Health Care Costs • Net Loss Ending Balance FY 2000-01 Total $ 499,519 (535,217) $(35,698) 146,729 $ 111,031 0 PUBLIC SAFETY CITICARE (POLICE) CASH FLOWS August 2001 = October 2001 • Contributions • Health Care Costs • Net Income Ending Balance FY 2000-01 Total $ 936,565 844x346) $ 92,219 ($385,162) ($292,943) 9 HEALTH PROGRAM STATUS • Citicare and Citicare Q -Plus - As of fiscal year ending July 31, 2001, these plans combined continue to perform as expected ending the year with a strong positive balance. • Citicare Fire - As of fiscal year ending July 31, 2001, this plan's expenses continue to increase, while premiums have not changed. Plan design changes and/or premium adjustments remain in negotiations with the labor union. • Public Safety Citicare - As of fiscal year ending July 311 2001, this plan was under funded. However, on November 13, 2001 a new labor agreement between the City and the Corpus Christi Police Officers Association addressed this plan's deficiencies through plan design changes and a premium increase. Staff will continue to monitor this plan for trending. 10 CITY'S FUTURE ACTIONS • Risk Management has reviewed existing benefit policies to align the contracts with the end of City's fiscal year (July 31st). This process is expected to be completed within 30 days. • As previously reported, Risk Management will be issuing a Request for Proposal for pre- certification/ utilization review within 30 days. 11 0 CITY'S FUTURE ACTIONS - Continued • risk Management is preparing for the upcoming benefit enrollment for employees and retirees, to commence in January 2002. • A benchmark of customer satisfaction has been obtained through an employee survey. These results will be used to develop strategies to improve customer satisfaction. 12 OTHER RISK MANAGEMENT PROGRAMS • Workers' Compensation Administration - In collaboration with the TPA, Risk Management will identify high severity occurrences. • Safety Program - Utilizing occurrence data, targeted areas will receive priority for strategic improvements with the goal to safer work environment, and provide a thereby reducing costs. 13 WORKERS' COMPENSATION CASH FLOW As of October 2001 • Contributions • Claims Paid • Difference • Estimated liability - Workers' Compensation Claims $3,200,000 ( 89709-771 $2,302,903 $1,427,912 14 0 WORKERS' COMPENSATION STATISTICS Paid Claims August 2000 -October 2000 August 2001 -October 2001 Decrease $ 929,091 $ 897,097 3% 15 GENERAL/AUTO LIABILITY CASH FLOW As of October 2001 • Contributions • Liabilities Paid $ 2,900,000 ( 328,342) (Includes litigation settlements) • Difference $ 2,571,658 • Estimated liability for General/Auto Claims - $ 4,822,551 16 STATUS of PURCHASED INSURANCE August 1, 2001 =October 31, 2001 Coverage Renewals: • Flood Insurance • Airport Liability Seeking RFPs: Is Excess Workers Compensation • Excess Gas Liability • Property Insurance • Employee Dishonesty Bonds * Estimated Renewal Cost $ 26,821 $ 29,478 17 QUARTERLY EVENTS ANNUAL HEALTH FAIR • Attended by 1,700 employees and retirees • Administered 1,200 Flu Shots PREVENTIVE CARE • Blood Pressure Screening • Diabetes Screening • Cholesterol Screening • Body Composition Analysis DIABETES MANAGEMENT PROGRAM • High-risk Candidates are identified through the Spohn Heart Study • Education on Diet, Nutrition and Exercise • Maximum Class Size of 25 • Seven Sessions over the Quarter • Ongoing follow-up with treating physician IN ~-- :~ ~ CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation on Beach Cleaning November 20, 2001 CITY STAFF PRESENTER(S): Name 1. 'Angel R. Escobar, P.E. Title Director Dept/Division Engineering Services OUTSIDE PRESENTER(S): Name 1. Jim Shiner, P.E. Title/Position President Organization Shiner Moseley & Associates ISSUE: The City will be responsible for beach cleaning with the proposed annexation. BACKGROUND: Shiner Moseley has completed a study of beach cleaning operations and alternatives. The Council was previously given a copy of that study. The presentation is for information purposes. REQUIRED COUNCIL ACTION: None at this time. , re cto scobar, P.E. r of Engineering Services rAlai -TT" a u — w -.. • ."� °'.` `siww 'e .b a ..,:,e..e: � _._. t 5 x --• kms. oae 3 �. -• Scope â–  Focus -cleaning methods and costs â–  Survey 3 governmental entities (did 5 + GLO +Florida DEP) â–  Information on specific points 10/1 SHINER MOSELEY AND ASSOCIATES, INC. FA R] Who Was Interviewed â–  Cameron County — 4.5 miles â–  South Padre Island — 7.5 miles â–  Port Aransas — 6.6 miles â–  Galveston Park Board — 35 miles â–  Galveston County — 32 miles 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. 4 WWI In House VS Contract â–  All entities perform most of the work themselves â–  Many contract out portable toilets â–  One entity contracts out trash pickup 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. 5 Cleaning Frequency, Variability â–  Summer / holidays - crews 7 days / week â–  Winter - less frequent â–  Heavy use beaches cleaned daily, other beaches possibly less frequently â–  Seasonal and year-to-year variability â–  Seaweed season - approx. 2 months 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. 0 10/18/2001 SHINER MOSELEY AND ASSOCIATES9 INC. N Seaweed and Trash Removal â–  Seaweed Rakes, front-end loaders, and maintainers Seaweed placed at dune/vegetation line â–  Trash Barrels provided Beach cleaning machines and hand-picking â–  Portable toilets 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. I hoh Equipment â–  Rakes â–  Cleaning machines â–  Tractors â–  Maintainers / front-end loaders â–  Trucks 10/18/2001 SHINER MOSELEY AND ASSOCIATES9 INC. 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. Equipment 10 r 4—Corwyw �\ a f f --- 5 —Hopper • 1 d3—MokboarddDe%ckw • • TOTRACTOR*# • 10/1 Beach Cleaning Machine (Barber Surf Rake) SHINER MOSELEY AND ASSOCIATES, INC. 11 �w New Technology â–  Beach cleaning machines - state of the art â–  Local effort developing seaweed cleaning machine 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. FA Storage â–  Location near beach â–  Covered or enclosed â–  Bay for each piece of equipment â–  Some office space 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. 13 Cost Summary County I Municipality Miles of Beach Total Annual Cost Cost Per Mile City of Port Aransas 6.6 $455,993.14 $699089.87 Town of S. Padre Island 4.5 300,000.00 66,666.67 Cameron County 7.5 200,000.00 26,667.67 Galveston Park Board 35 11709,000.00 48,828.57 Galveston County 32 350,000.00 10,937.50 Corpus Christi — 5.4 miles of Beach • Required for CC based on average ..... $239,964.42 • Required for CC based on maximum .... 373,085.30 * Excludes equipment capitalization 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. 14 P� Equipment 1 Crew Guidelines Equipment No.1 No.2 Tractors hi hp w/lar a bucket, 4WD 2 3 Beach rakes 2 2 Beach cleaning machine 0 1 Light truck/trailer 2 2 Font end loader 0 0 Trash barrels 190 190 Portable toilets 54 54 Permanent crew 7 5 Part-time/seasonal crew 7 5 1 - City will not invest in a beach cleaning machine. 2 - City will invest in a beach cleaning machine. 10/18/2001 SHINER MOSELEY AND ASSOCIATES, INC. hoh Recommendations â–  Tractors with rakes and buckets â–  Cleaning machine - probably â–  High activity beaches - daily â–  Sharp, innovative supervisor â–  Storage near beach 10/18/2001 15 SHINER MOSELEY AND ASSOCIATES, INC. 2~ CITY COUNCIL AGENDA MEMORANDUM November 16, 2001 AGENDA ITEM: The first reading of the Annexation Ordinances containing a total of 16,067 acres of land and water and referred to as: Areas A and B: Wood River Development; Area C: South Padre Island, Tracts 1 and 2; Area D: Water Area West of Port Aransas; Area E: Gulf of Mexico Water Area East of Port Aransas; and Area F: Mustang Island North of Mustang Island State Park, Tracts 3A, 3B, 4 and 5. PUBLIC HEARINGS: State law requires the governing body of the City to conduct at least two (2) public heatings prior to initiating annexation proceedings. The first public hearing was on Tuesday, October 16, 2001 in the Corpus Christi City Council Chambers of City Hall. The second public hearing by City Council was on Monday, October 22, 2001 in the Port Royal Ocean Resort Grand Ball Room on Mustang Island. In addition, the Corpus Christi Planning Commission conducted a public hearing on Wednesday, October 10, 2001 in the Corpus Christ City Council Chambers to consider zoning on each of the annexation tracts. BACKGROUND: Annexation is essential for the City to achieve orderly growth. Currently, no land use controls (zoning and building codes) and most city land use policies cannot be applied to outside city limits properties. Annexation is used to extend the City's zoning regulations consistent with the Comprehensive Plan; adopted City growth policies; and Article 31, newly annexed territory of the Zoning Ordinance. Zoning is a tool to create compatible land use patterns in the community. Annexation also allows the City to enstn'e that when growth occurs all new structures are constructed in accordance with building, plumbing, electrical, and other City codes designed to protect the public health, safety and welfare. In addition, annexation should occur so that impacted areas may benefit from the expansion of public health programs, police and fire protection, and by linking new development to publicly approved water supplies, wastewater, and storm drainage systems. Existing land uses prior to annexation, and some planned land uses, will be grandfathered. In addition, state law limits the City's ability to regulate these grandfathered land uses after annexation. Failure to annex adjoining areas leads to fragmentation of the urban landscape and uncontrolled and possibly substandard land developments. Substandard developments may contain substandard infrastructure, such as streets without adequate base materials or undersized water or server lines, that, in the long run, will cost more to maintain and upgrade in the future after the areas are armexed. In addition, annexation will require the city to extend it Police and Fire Protection services, including emergency medical services to the areas. City Council Agenda Memo Annexation 2001 November 16, 2001 Page 3 Annexation Area A and B, except for 9 acres located in the northwest comer of Area A, are part of a 1995 agreement with Wood River property owners to gradually annex the remaining Wood River property. Annexation Area C is located south of Padre Balli Park and Padre Isles Subdivision and is a logical expansion of the City limits. Area C is bisected by Park Road 22 (South Padre Island Drive) and contains property adjacent to the Gulf Beach on the east and the Laguna Madre on the west. Areas D and E are water areas located to the west and east of the City of Port Aransas. Annexation of the these two areas will allow the City of Corpus Christi's Petroleum Inspection Division to assure that all new oil and gas wells and facilities meet city environmental requirements. Annexation of Area F on Mustang Island is consistent with the City Council motion to annex the area by December 31, 2002 and City of Corpus Christi voter approved bond program to build a new fire station to serve the area. Annexation of Area F is necessary to protect one of the City's primary visitor attractions, the Gulf Beaches. Orderly development of these areas is critical to the City's interest in expanding its tourism industry and maintaining the vitality of this resource. Area F contains four tracks of land, 3.A, 3.B, 4 and 5. Tracts 1 and 2 were annexed in 1999. Area F is located approximately 1 mile north of the Mustang Island State Park and extends 3.2 miles northward to the Port Aransas City Limits. Area F includes State Highway 361 right-of- way and all east of State Highway 361 to the Gulf of Mexico. Full annexation of Area F will benefit the approximately 275 permanent residents, as the City will: · Provide City police protection to the area upon annexation; · Provide City fire protection and emergency medical service from Fire Station #15 upon annexation; · Provide a new fire station on City land at the north end of Mustang Island State Park. The new fire station will be operational within ! to 2 ½ years from the effective date of annexation. · Provide Solidwaste Services to all single-family residents through city personnel or by city contract with a third party provider upon annexation. · Provide beach-cleaning services by city personnel or by contract with Nueces County or a third party provider upon annexation. · Provide vector and animal control services to the area upon annexation. PRIOR COUNCIL ACTION: · December 21, 1999 - City Council annexation of portions of Mustang Island, Padre Island, and other scattered lands and approved a motion to annex the remainder of Mustang Island by December 31, 2002. H:~PLN-DIR~S HARED\WORD~ANNEXXAnnexation 2001\City Council Agenda MemosXAGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 4 August 28, 2001 - Motion approved by City Council directing staff to proceed with the proposed annexation calendar, prepare service plans, and schedule Planning Commission and City Council public heatings: · October 16, 2001 - City Council held the first of two required public hearings in the City Council Chambers of City Hall. · October 22, 2001 - City Council held the second public hearing in the Port Royal Ocean Resort Grand Ball Room on Mustang Island. REQUIRED COUNCIL ACTION: Approval of the First Reading of the Annexation Ordinances November 20, 2001. FUTURE COUNCIL ACTION: Approval of the Second Reading of the Annexation Ordinances on December I 1, 2001 with an effective annexation date of December 11, 2001. STAFF RECOMMENDATION: Annexation of all tracts in Areas A, B, C, D, E, and F containing 16,067 acres with an effective date of December 31, 2001. Director of Planning W. Thomas Utter Assistant City Manager Attachments: Pages Attachment I: Annexation Map 5 Attachment II: Annexation Area Maps 6 Attachment III: Annexation Area Profiles 7 Attachment IV: Annexation Financial Analysis 21 Attachment V: Service Plan Summary 22 Attachment VI: Responses to October 22, 2001 Public Hearing Questions 23 Attachment VII: City Council Minutes from two Annexation Public Hearings 30 Attachment VIII: Annexation Ordinances 37 H:~PLN-D IR~SHARED\WORD~ANN EX,Annexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 5 Attachment I: Annexation Map H:~PLN-DIR~S HARED\WORD~ANNEXL~nnexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01,DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 6 Attachment II: Annexation Area Maps Areas A and B Area C Area F H:~PLN-DIR~SHARED\WORDkANNEX~Annexation 2001\City Council Agenda MemoskAGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 7 Annexation Area Profiles H:~P LN-DIR~SHARED\WORD~ANNEX~Annexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 8 Attachment III: Annexation Area Profiles Geographic Location Area Tracts Acres Pop Res. BuS, Est;* Units Wood River Area A 1 32 3 1 0 Wood River Area B 1 19 0 0 0 Padres Island Area C All 1,251 2 1 0 Jones Tract/Kleber~] Co. 1 1,200 Walter Tract/Nueces Co. 2 51 2 1 Water Area West of Port Aransas D I 919 (water) 0 0 0 Gulf Of Mex. Water Area East of E 1 13,128 Port Aransas (water) 0 0 0 Mustang Island F All 718 273* 686 0 0.6 Mile Tract of Gulf Beach 3.a 143 28 76 0.4 Mile Tract of Gulf Beach 3.b 77 13 2 1.0 Mile Tract of Gulf Beach 4 207 160 257 1.2 Mile Tract of Gulf Beach 5 291 72 351 3.2 Miles Total of Gulf Beach Total All 16,067 278 689 0 Existing Development in Area F - Tracts 3a, 3b, 4 & 5 : Tract 3a I Tract 3b Tract 4 Tract 5 Mayan Princess 2 Sin. Family Lost Colony - 45 Units Port Royal - 210 Units - 60 Units Units Admirals Row Sand Piper - 106 Units Mustang Is. Beach - 32 Units - 16 Units Sea Gull - 105 Units Mustan~l Tower- 56 Units 1 Sin. Family Housing Unit Gulf Shores- 52 Units Episcopal Confer. Center 1 Sin. Family Housin[I Unit Proposed Developments La Concha - 86 Proposed Catholic (next to Proposed Ventana Condominium Lots Proposed Episcopal Center) - 63 Units ($18 Million) Beach View Estates Porcoco Subdivision 37 lots proposed 11 lots proposed *Permanent resident only H 5P LN-DIR~SHARED\WO KD~ANNEX~nnexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 9 Areas "A" and "B" Profile Wood River Development Descriptive Location: Two areas of land, consisting of 51 acres, more or less, generally bounded on the north by thc Nucces River, which is presently within the Corpus Christi City limits, bounded on the cast and thc south by Wood River Subdivisions and on the west by the present City limit line along East Riverview Drive. Except for approximately 9 acres located in the northwest comer of Area A, annexation of these two areas will complete the 1995 City Council annexation agreement. Characteristics of the Area: These areas are part of the original Wood River Area Master Plan and are presently vacant and undeveloped. Adjoi~ng tracts presently inside the City limits are in the early stages of the platting process for future Wood River Uhits~ The growth potential of this area is excellent. The majority of Area A and all of Area B are in FEMA Flood Zone C - "Areas of minimal flooding". The extreme eastern edge of Area A, less than 10% of the area, is in FEMA Flood Zone A6. These areas are part of the Northwest Area Development Plan and will be part of Single Member District No. 1, if annexed. Demoeraohics: One dwelling unit with an estimated population of three people. Improvements in Place: Water, wastewater and gas service lines are accessible from the City of Corpus Christi through adjacent Wood River Units. Assessment of Needs: No major service needs are anticipated for these areas. The delivery of services to these areas will not place a burden on the City. New development, requiting implementation costs for proposed improvements, will be incurred by the owner/developer in accordance with the platting process. Issues and Concerns: Nueces River, which is the water source fbr the City of Corpus Christi, is also the north-most boundary for this area. Annexation will protect Nueces River water quality by requiring development to follow the City's Stormwater Drainage policies and regulations. In addition, annexing this area will allow the City to control the quality of development and enforce zoning, building, fire, police, and other city health and safety codes and encourage growth that is compatible with the area. H:~PLN-DIR~SHARED\WORD~ANNEXqAnnexafion 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 0 I.DOC City CouncilAgendaMemo Annexation 2001 November 16, 2001 Page l0 Area "C" Tracts 1 & 2 Profile South Padre Island Descriptive Location: These two tracts of land, approximately 1,251 acres straddling the Nueces/Kleberg County Line are contiguous with the present City limit line to the north, east and west. Both Tracts are part of Padre Island and are situated between the Laguna Madre to the west and the Gulf of Mexico to the east. Characteristics of the Area: A majority of the acreage consists of wetlands. Both tracts are subject to the Coastal Barrier Resources Act (CBRA). CBRA was passed by Congress in 1982 and prohibits Federal Agencies from providing expenditures or financial assistance for new development. Tract 1: The Jones Tract consists of approximately 1,200 acres on Padre Island immediately south of the Padre Isles Subdivision. With the exception of two active oil/natural gas wells the tract is devoid of any improvements. Tract 2: The Walter Tract consists of approximately 51 acres, which is privately owned located between the Nueces County Balli Park and the Nueces/Kleberg County Line. Note: the gulf beach frontage to these two properties are not proposed for annexation. Demo~raohics: One dwelling unit in Tract 2 with a population of two people. Improvements in Place: Within the tract boundaries, there is infrastructure in place. The City of Corpus Christi has, however, assisted with the enhancement of wetlands in this area. The City has returned a 32-acre portion of the Jones Property to its natural vegetative state as part of a 1994 judgment by the U.S. Environmental Protection Agency. The five-year project came about as mitigation of damages to another area in the Laguna Madre. Assessment of Needs: A 12" water line is available along South Padre Island Drive (Park Road 22). The nearest wastewater line is located approximately one-quarter mile to the north at the intersection of Sea Pines and Palmira Avenue. Issues and Concerns: 1. Once these two Tracts are annexed the City will support removal of these two tracts from the CBRA designation. This will increase the development potential of the tracts. 2. In November of 1994, Kleberg County delegated to the City of Corpus Christi, the authority to administer the provisions of Chapter 63 of the Texas Natural Resources Code within the H:~PLN-DIRXS HARED\WORDXANNEX~Annexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 11 corporate limits of the City and the extraterritorial jurisdiction of the City. This gives the City of Corpus Christi the authority to enforce dune protection measures in Kleberg County between the National Sea Shore and Nueces County. Annexing this area will allow the City to control the quality of development and enforce zoning, building, fire, police, health and safety ordinances and encourage growth that is compatible with the area. H:~PLN-DIR~SHARED\WORD~ANNE~Annexation 2001\City Council Agenda MemosXAGENDA MEMO NOV 20 0 I.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 12 Area "D" Profile Water Area West of Port Aransas Descriptive Location: An area containing 919 acres comprised predominantly of water, submerged lands and spoil islands, located to the west of the Port Aransas city limit line. Characteristics of the Area: This area is a remnant of past annexations out of Corpus Christi Bay, which were initiated in the 1960's. Demo~ranhics: No permanent residents. Improvements in Place: None in place. Assessment of Needs: None Issues and Concerns: 1. This is an environmentally sensitive area. 2. Annexing this area will allow the City to control the quality of development and enforce zoning, building, fire, police, health and safety ordinances, petroleum inspection ordinance and encourage growth that is compatible with the area. H:~P LN- D IR~SHARED\WORD~ANN EX,Annexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 O1.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 13 Area "E" Profile Gulf of Mexico Water Area East of Aransas Pass Descriptive Location: An area containing 13,128 water acres, comprised of Gulf of Mexico waters, located to the east of the Port Aransas city limit line. Characteristics of the Area: Gulf waters. Demoeranhics: No permanent residents, non-developable area. Improvements in Place: None in place. Assessment of Needs: None Issues and Concerns: Annexing this area allows the City to regulate mineral extractions and require compliance with petroleum inspection ordinances. H 5PLN-DIR~S HARED\WORDLANNEXXAnnexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 14 Area "F" Tracts 3a~ 3b~ 4 and 5 Profile Remaining Portion of Mustang Island~ North of Mustang Island State Park (Note: Tracts 1 and 2 were annexed in 1999.) Descriptive Location: Area F is comprised of four contiguous tracts of land containing 718 acres, more or less, and bounded on the north by the City limits of the City of Port Aransas, on the east by the Gulf of Mexico, on the south by the City of Corpus Christi, and on the west by State Highway 361. These four tracts are situated about one mile to the north of Mustang Island State Park. Characteristics of the Area: Area F is approximately 3.2 miles in length on Mustang Island extending from a point one mile north of Mustang Island State Park to the city limits of Port Aransas with all areas on the east side of State Highway 361. In addition to four private residences located in the area, the predominant development consists of nine condominium complexes with 682 condominium units. Out of the 3.2 mile frontage along the Gulf of Mexico, about one-third has been improved. The growth potential for this area appears to be excellent. This area will become part of the Single Member District No. 4, if annexed. Tract 3.a: Tract 3.a, with 143 acres and 0.6 miles of gulf beach frontage, is located 1 mile north of Mustang Island State Park. The Tract contains 76 residential units in two condominium developments known as the Mayan Princess (60 units) and Admirals Row (16 units). Tract 3.b: Tract 3.b, with 77 acres and 0.4 miles of gulf beach frontage, is located 1.5 miles north of Mustang Island State Park and contains 2 single-family residences. Tract 4: Tract 4, with 207 acres and 1.0 miles of gulf beach frontage, is located 2 miles north of Mustang Island State Park. Development on Tract 4 consists of one single family residence and 3 condominium developments for a total of 257 units. The condominiums are Lost Colony (45 units), Sand Piper (106 units) and Sea Gull (105 units). Tract 5: Tract 5, with 291 acres and 1.2 miles of gulf beach frontage, is located 3 miles north of Mustang Island State Park. The Tract contains one single family residence and 4 condominium developments with a total of 350 units. The condominiums are Port Royal (210 units), Mustang Island Beach Resort (32 units), Mustang Tower (56 units) and Gulf Shores (52 units). Demoerat~hics: According to the 2000 Census, there were 273 permanent residents living in the area. Currently, there are 4 single-family residential units and 682 condominiums units for a total of 686 residential units. H:~PLN-DIRXS HA RED\WO RD~ANN EX, Annexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01,DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 15 Improvements In Place: At the present time, the four tracts are provided water and wastewater services by the Nueces County Water Control and Improvement District No. 4 (NCWCID g4). The district purchases water fi.om the City of Corpus Christi, which is provided through a water line extending along S. H. 361 from Park Rd 22 to the condominium units and continuing to Port Aransas. City of Corpus Christi wastewater lines are not accessible to this area. The current natural gas provider will continue serving this area, since their transportation line starts at the Corpus Christi Fish Pass and continues to Port Aransas. Assessment of Needs: The delivery of all typical services to this area would require additional Fire and Park and Recreation Department personnel. Nueces County Water Control and Improvement District #4 will continue to provide water and wastewater services to these tracts. Special Island Issues Police Protection Police protection will be imrnediately extended into the annexation area. The City will enhance the existing police beat on the island by budgeting police over time. Fire Protection Currently no entity is obligated to provide fire protection service to Area F. Historically, the City of Corpus Christi and City of Port Aransas have, on a good neighbor basis, provided fire protection response when requested. Upon annexation the Fire Department's Station #15 at 14202 Commodore Drive will provide these services. New Fire Station In 2000, the citizens of Corpus Christi approved a referendum to construct a new public safety facility on Mustang Island. The City of Corpus Christi is negotiating with Texas Parks and Wildlife for a 2-acre site on Mustang Island State Park. Within 2 1/2 years or sooner, from the effective date of annexation, a new public safety facility will be located at or near the north end of Mustang Island State Park. The City will provide all necessary manpower and equipment, including a pumper truck, to equip the fire station. The fire station will be manned by a 24-hour 3-man crew and a pumper truck. This new station may also be used as a base of operations for an enhanced lifeguard/rescue and first responder program. Beach Cleaning By State Statute, annexing the island will shift responsibility for beach cleaning from the County to the City. Currently, the City has a contract with Nueces County for $100,000 per year to clean If:~PLN-DIRXS HARED\WORD~ANNEXL~nnexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 16 the beach in front of the Sea Wall. County funding for beach cleaning comes from: Hotel Motel Tax · Beach Parking Sticker · State Reimbursement Program · City of Corpus Christi After annexation, the County will no longer receive the Hotel Motel Taxes from the annexation area, a source of approximately lA of the funds used to finance the County's Beach Cleaning Operation. After annexation the City will receive the Hotel Motel Taxes from the area. The City has proposed a interim agreement with the County to continue beach cleaning services during this transitional period until July 31, 2001. During the "transition" period, the City will reimburse the County for beach cleaning from new Hotel Motel Tax revenues. In addition, the County will continue their beach parking sticker program through July 31, 2002. By July 31, 2002, the City intends to assume beach cleaning responsibility using City personnel and resources based upon a recent study of potential costs and resource needs prepared by Shiner-Mosely the City has two options: · The City of Corpus Christi purchases equipment and hires staff to provide beach cleaning; or · The City contracts with Nueces County or a private contractor to perform the beach cleaning services. Funding Beach Maintenance/Life Guard Services Funding for beach maintenance/life guarding/public safety will be derived from hotel motel tax revenues and a beach parking sticker program. When the City assumes the task of beach cleaning, the City will not continue to pay the County $100,000 per year for beach cleaning in front of the Sea Wall. Hotel Motel Tax Chapter 351 of the Municipal Hotel Motel Tax Code states: "...a home-rule municipality that borders the Gulf of Mexico and has a population of more than 250,000 may use all or any portion of the revenue derived from the municipal hotel occupancy tax from hotels previously subject to a county hotel occupancy tax to clean and maintain public beaches in the municipality." H:h°LN-DIR~S HARED\WORD~ANNEX~Annexation 2001\Cit~ Council Agenda MemosXAGENDA MEMO NOV 20 01.DOC City CouncilAgendaMemo Annexation 2001 November 16, 2001 Page 17 Chapter 61.063 of the Texas Natural Resources Code defines "clean and maintain" gulf beaches as' The collection and removal of litter and the supervision and elimination of sanitary and safety conditions that pose a threat to personal health or safety if not removed or otherwise corrected and includes the employment of lifeguards, beach patrols, and litter patrols. The City expects to receive Hotel Motel taxes paid by condominium properties located in Area F. Currently, these taxes are paid to Nueces County, as the area is located outside city limits. Beach Parking Sticker Program State statues require that beach parking revenue be spent only on services or facilities necessary for the City to carry out its responsibilities for maintenance of the gulf beach. The City's Dune Protection and Beach Access Plan and Regulations, approved by the General Land Office (GLO), allow the City to institute a beach parking sticker program for designated beaches inside city limits or to allow Nueces County to charge for parking if the city has a contract with the County to maintain inside city limits gulf beaches. State of Texas Reimbursement Program for Beach Cleaning State Statute allows up to 2/3 of the cost of cleaning beaches to be paid by the State's beach cleaning reimbursement program. Historically, the Texas Legislature has not approved sufficient monies to approach the 2/3 reimbursements allowed by law. Historically, the reimbursement progrmu provides between 10% and 15 % of the costs for cleaning Texas Gulf Beaches. The Texas General Land Office does not automatically provide these reimbursements to local governments. Local govemments must first apply for the reimbursements and meet all application requirements including that the City must have a public gulf beach park of sufficient size and facilities available to the public as determined by the (GLO). Process for Creation of a Beach Parking Sticker Program The authority for the Nueces County Beach Parking Sticker Program is controlled by the GLO and by a 1995 inter-local agreement between the City and Nueces County. The 1995 inter-local agreement allows the Nueces County to collect beach parking sticker fees within city limits gulf beach areas. In order to implement a Beach Parking Sticker Program the City would have to: 1. Amend City's 1995 Dune Protection and Beach Access Plan and Regulations to permit a City Beach Parking Sticker Program. 2. If the City contracts out beach cleaning to a third party, the agreement must be included H:~P LN- D IR~S HAKE D\WO RD~oNN EXXAnnexation 2001\City Council Agenda Mcmos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 18 by attachment to the Dune Protection and Beach Access Plan. 3. After adoption by Corpus Christi City Council the Plan and Regulations will be forwarded to the GLO and the Attorney General's Office for review and recommendation within 60 days of receipt. Beach Parking Sticker Revenue Stickers are sold by Nueces County wholesale to convenience stores, etc. for $9.50 for an annual sticker and $4.50 for a monthly sticker which are then resold to the public for $10.00 and $5.00, respectively. The City will commence administration of the program by August I, 2002, allowing time to complete the State approval process and the beach cleaning transition from the County to the City. Water and Wastewater Utilities Area F is part of Nueces County Water Control and Improvement District No. 4, which has been issued a "certificate of convenience and necessity" by the State of Texas to serve this area. This certificate obligates NCWCID//4 to service this area regardless of whether the area is annexed by Corpus Christi. With regard to water and wastewater services, District 4 would continue to provide service atier annexation and for the foreseeable future. Solid Waste Condominiums are classified as commercial solid waste accounts and may continue to be served by a private solid waste collection company. Mailing Addresses Properties on Mustang Island contain Port Aransas mailing addresses. According to the U.S. Postal Service, regardless of annexation, the Postal Service will require Mustang Island properties to have Port Aransas addresses until there is sufficient demand for a branch post office in the Padre Isles Area. Development Standards Annexing this area will allow the City to control the quality of development and enforce zoning, building code, fire and police safety, and health and safety ordinances and minimize threats to the region's primary tourist attraction, the gulf beach. H:~PLN-D IR~S HARED\WORDXANNEXZAnnexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01,DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 19 Annexation Plan Over the last two years the City has approved several single-family subdivisions in Area F. If these subdivisions are developed with residential lots containing more than 100 residential units on separate tracts, Area F will lose its exemption status under state law, thus requiring the area to be identified in an annexation plan for three years prior to annexation. Drainage The City is developing a Stormwater Master Drainage Plan for the City and its extraterritorial jurisdiction. The project includes the Mustang Island area and will be completed in phases over the next three years. Central Power and Light (CPL) A concern of some island residents is the CPL power poles, especially the transformers on the east side of the Park Road 361, in that failure of the transformers an6/or arcing of insulators have caused several fires on the Island. The City has discussed the issue with CPL and they are willing to discuss the issue with the City and Mustang Island representatives. Signs Under the proposed zoning on the Island, there can be no further off-premise signs (billboards) erected in the annexed areas. Telephone System Phone calls from Mustang Island back to the City of Corpus Christi are long distance. Mustang Island is served by CenturyTel phone system while the City of Corpus Christi is principally served by Southwestern Bell. This issue has been discussed with both CenturyTel and Southwestern Bell and they have agreed to local phone service provided that the Public Utility Commission (PUC) roles are followed. Under PUC rules, a vote of the persons affected is required. It should be noted that the PUC will protect CenturyTel from losing any revenue. If the residents of the area are interested in moving for~vard, the City will assist in this effort. In addition, in areas located within the City of Corpus Christi, companies that have fi'anchises with the City, such as Clear Source are encouraged to provide services as quickly as possible. Park Land There were 69 acres out of the Terramar Tracts designated as a future park under a deferred parkland dedication contract that remains to be implemented. This parkland is located on the H:~PLN-DIR~SHARED\WORD~ANN EXXAnnexatien 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 20 west side of Highway 361. The City is pursuing acquisition of the 69 acres as required by the Park Deferment Contract. Hotel Motel Tax Currently, 100% of the Hotel Motel tax dollars generated in the unincorporated areas of Mustang Island go into the Park Fund of the County. The City of Corpus Christi nor the Convention & Visitors Bureau receives any of these funds. Upon annexation of the remaining unincorporated areas, 100% of the Hotel Motel tax would go to the City with an additional 2% to be dedicated strictly to the expansion, renovation, and maintenance of the Convention Center. All of the remaining dollars (the amount now going to the County Park Fund) would be utilized for beach cleaning and for tourism promotion. Maintenance Maintenance of those facilities required under the annexation has been undertaken, but City maintenance on County roads will be undertaken when the City accepts the roads. Dune Protection Dune protection under State law is given to counties with a proviso that counties can delegate this authority to cities. Although Nueces County has delegated dune protection authority to Port Aransas, it has not seen fit to delegate the same authority to Corpus Christi. The City can only undertake dune protection if we are successful with everyone's assistance in persuading the County to delegate such responsibility to the City. This would greatly assist development in that all permitting, building inspection, platting, beach access, zoning, etc. would be at one location. Tourist Industrial District The City is very familiar with industrial districts (having some 64 industrial district contracts). The City of Corpus Christi perfected the legislative language and lobbied for the inclusion of tourist industrial districts under the Municipal Annexation Act that allows industrial districts. While the possibility of a tourist industrial district could use some additional discussion, since the Council directed the area to be annexed by December 2002, we do not see how a tourist industrial district would be possible. In a very recent discussion, an individual suggested the possibility of some long-term (5-10 years) tourist industrial district. The problem here is that during the last legislative session in a bill that was introduced, industrial districts would have, in essence, been voided. While the bill was subsequently changed and later died, the simple fact that the Legislature could void virtually any contractual relationship makes a long-term tourist industrial district somewhat unattractive to the City. We will, however, be happy to continue to discuss this. H:kPLN-DIR~S HA RED\WORDL&NNEX~Annexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City. of Corpus Christi Annexation Financial Analysis - Area F (Mustang Island) Projected Annual Revenues FY2001-02 FY2002-03 FY2003-04 AdValTax $ $ 502,811 $ 517,895 Sales Tax (1) 11,667 20,600 21,218 Hotel Occupancy Tax (2)(3) 590,443 898,500 943,425 Franchise & Related Fees 29,167 51,000 52,020 Beach Parking Pass (2) 320,000 326,400 10% State Reimb. - Beach Maim. I2) 61,895 57,977 Attachment IV November 16, 2001 Page 21 FY2004-05 FY2005-06 $ 533,432 $ 549,435 21,855 22,510 990,596 1,040,126 53,060 54,122 332,928 339,587 58,965 60,515 Total Projected Rev Projected Annual Costs Police Fire (4) Life Guard/Medical First Response Parks (Beach Cleaning) Nueces Co.-Beach Maint./Guards (5) Total Projected Costs Total Variance (Over) Under $ 631,276 FY2001-02 $ 64,750 $ 1,854,806 5 1,918,935 $ 1,990,836 $ 2,066,294 FY2002-03 FY2003-04 FY2004-05 FY2005-06 $ 114,330 $ 114,330 $ 114,330 $ 114,330 757,860 780,596 804,014 828,134 197,765 200,448 207,778 210,945 618,954 579,767 589,645 605,148 186,667 $ 251,417 $ 1,688,909 $ 1,675,141 $ 1,715,767 $ 1,758,557 $ 379,860 $ 165,897 $ 243,794 $ 275,069 $ 307,737 Notes: (1) Includes only I%. nof additional L/Sth cent two for CCPD. Arena or Seawall (roughly $2.500 additional for ~ach of these projects/programs. (2) Use restricted to bonafid~-/e[igi~le expenses. (3) Figure include~ onl) 7% 6~ol additional 2~ committed for Convention Center expansion - roughly $250.000 additional first full year). (4) Does not tnclude debt service alreat~v incurred for newfire station. ($) First year docs not include$1OO. OOO/year already incurred for area now inside City Limits. Revenue Assumptions: Ad Valorem Tax: Sales Tax: Hotel Tax: Franchise Fees: Beach Parking Pass: No rev. first year, year two equals 01/01 values and 100% of levy (no new debt needed enabling partial shift of debt portion to O&M). Growth 3%. First year revenues prorated to 7 months (tax primarily on utilities provided). First year revenues prorated to 69% (Jan.-July) of FY1999-O0 actual adjusted for 5% growth, following years projected at 5% growth as well. First year revenues prorated to 7 months, following years projected at 2% growth due to new basis for payment. Includes telecom., cable & electric. Firs~ year assumes transition period from County to City administered program, following years projected at 2% growth. State Reimbursement: No new reimbursement assumed until year two, when City assumes program (August lst). Police: One officer, 365 days a year, 8 hours/day (4:00 p.m. to midnight), $32faour. First year prorated for 7 months, following years projected at 3% growth. Fire: Station open 6 months from date of annexation. Open year two with 3 man crew (11 FTEs), and brash/pumper truck. No increase in cost first y~. Lease/pumhasc on brash truck - total $396,295 over 5 years. Temporary lure station funded through 2000 bond program. Life Guards/lst Resp.: Includes 5 stations, 4 FTEs + seasonal guards, rescue equip., & operating supplies to life guard and serve as first response team out of new fhre station. Parks: First year, contract with County for balance of fiscal year - 7 months (3.2 miles at $110,000/mile). Following year, provide service as a City operation. Includes 7 FTEs + seasonal labor, maint, equip., equip, staging/storage facihty, trash cans, portable toilets and related supplies. 11/15/015:46 PMAnnex Costs_5Yrs.xls City CouncilAgendaMemo Annexation 2001 November 16, 2001 Page 22 Attachment V: Service Plan Summary The City Council of the City of Corpus Christi has found that the Service Plans will not provide any fewer services or a lower level of service in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. (Note: For a complete copy of the Service Plans see Attachment IlL) Upon annexation of all areas, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. After Annexation new development must comply with State law and City Zoning, Platting, Building Code, Flood Hazard Prevention and all other codes of the City. Annexation Areas At B and C: Service level demands for Annexation Areas "A" and "B" are minimal to none being that these two areas, with the exception of one mobile home, are undeveloped and are completely surrounded by fully developed areas with all the necessary and accessible infrastructure and services. Area "C" is presently undeveloped and will require a minimum of services, until improvements in the area are initiated. Annexation Areas D and E: Annexation Areas "D" and "E" are water areas and marshy lands and the only service demand would be oil and natural gas well inspections, which is of minimal impact to the City. Annexation Area F: Full annexation of Area F will benefit approximately 275 permanent residents. Listed below are some of the services that will be provided by the City following annexation of Area F: · City police protection to the area upon annexation; · City fire protection and emergency medical service from Fire Station #15 upon annexation; · A new fire station with a tentative location at the north end of Mustang Island State Park. With Texas Parks and Wildlife approval the new fire station will be operational within 1 to 2 1/2 years from the effective date of annexation. · Solidwaste Services to all single-family residents through city personnel or by city contract with a third party provider upon annexation. · Beach-cleaning services by city personnel or by contract with Nueces County or a third party provider upon annexation. · Vector and animal control services to the area upon annexation. H 5P LN-DIR~S HARED\WORD~ANN EXXAnnexation 2001\City Council Agenda MemosXAGENDA MEMO NOV 20 01.DOC City CouncilAgendaMemo Annexation 2001 November 16, 2001 Page 23 Attachment VI: Responses to Oct. 22 Public Hearing Questions Staff responses to public comments made by persons attending the October 22, 2001 annexation public hearing at Port Royal Ocean Resort on Mustang Island. The questions and answers below are grouped according to the following areas and sub-categories. Area C Area D Area F · General Questions · Beach Issues including Cleaning · Fire Protection · Hotel Motel Tax · Non-City Services - U.S. Mail, Cable T.V., Telephone Services · Police Protection · Solid Waste · Water and Sewer Services AREA C Question: Will the City. initiate removal of the Coastal Barrier Island Resource (COBRA) designation on Area C? Answer: The City will join with the property owners to aggressively pursue removal of the COBRA designation by the Federal Govemment. Question: Dr. Walter, Tract 2 in Area C, indicated that City regulations prevent development of a single-family home on his property. Will the City address this issue? Answer: Staff will propose that City Council amend §55-73 of the City Code to permit an aerobic on-site sewage facility in FEMA Flood Zone A for use by a single-family home on a two acre lot within an FR, RE, or AT zoning district. This amendment is consistent with State Standards. Question: Will the City reduce its Dune Protection and Beach Access Plan and Regulation erosion line so I can construct my home? Answer: Yes, the Staff is recommending City Council amend the Dune Protection and Beach Access Plan and Regulation to reduce the erosion line to the state minimum standard of 200 feet landward of the vegetation line. H 5PLN-D IRESHARED\WO RD~ANN EXqAnnexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 24 AREA D Question: With regard to annexation Area D, should the City exclude Piper Channel? Answer: This annexation completes the annexation of the last remaining unincorporated area in Corpus Christi Bay. The northwest portion of Piper Channel has been inside the City limits since the 1980s. AREA F GENERAL QUESTIONS 1. Question: Why does the City want to Annex Mustang Island? Answer: The City considers Mustang Island as one of the most valuable resources in the City's Extraterritorial Jurisdiction and in the South Texas Region. Mustang Island is surrounded on three sides by the City of Corpus Christi city limits. Any city in Texas has a fight and obligation to annex land that is developing in its Extraterritorial Jurisdiction. Annexation of Mustang Island will permit the City to encourage responsible development of the many vacant properties on the Island and, provide beach cleaning, police, fire, animal control, code enforcement, and a host of other services provided inside City limits. Annexation will also allow the City to plan and manage development of the land on Mustang Island in a responsible manner to maximized development potential while protecting the critical habitats on the Island. 2. Question: What services will the residents receive after annexation? Answer: The City will provide a number of services including 24 hour Police Patrol and response, 24 hour fire protection and emergency medical response, beach cleaning, solid waste, animal control, vector control, street maintenance, code enforcement and other services available to the residents of Corpus Christi. (Note: the County Constable's offices and the SherifFs Departments will continue to provide services to the area.) Although these services will be provided after annexation, the City's cormnitment to Mustang Island spans a 25-year period since the initial construction of the John F. Kennedy Causeway in 1973. The City has played a very significant role in the development of the Mustang Island condominiums by contracting with Nueces County Water Control and Improvement District//4 in 1978 to provide water to support development. More recently the Citizens of Corpus Christi approved a bond program in 2000 to provide a fire station on Mustang Island. The City of Corpus Christi has pledged 4 million dollars in a 30 million dollar project to raise John F. Kennedy Causeway for emergency evacuation purposes. Finally, the City of Corpus Christi is taking the lead role in construction and financing of the 20 million dollar Packery Channel Project, which will support property values of existing development and encourage new H 5P LN-DIR~S HARED\WORDXANN E)GAnnexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 25 development on Mustang Island. All of these projects, past, present and near future, have or will benefit Mustang Island. 3. Question: A reference was made to a City report concerning land use projections on Mustang Island. The report made the following assumptions: 1. 33% of the acreage for light density residential, 2. 66% for high density residential, and; 3. 1% for commercial development Are these percentages still valid? Answer: At the present time the City does not have an adopted land use plan for the area. In 1989 City Council, rescinded the Padre-Mustang Island Area Development Plan. The land use percentages above are comparable to the rescinded 1989 City Council Future Land Use Plan. City Planning Department staff will revisit the Padre/Mustang area to develop a new development plan for this area in 2002. 4. Question: Will the City issue disaster cards to island residents to assure access to the Island after a hurricane? Answer: The City is considering the best method to assure island residents safe and easy passage back to the island after a hurricane, including the issuances of disaster cards. BEACH ISSUES INCLUDING CLEANING 5. Question: What measures will be taken by the City to assure the beaches will be cleaned at least to the same or a higher level then has been provided by Nueces County? Answer: The City has retained the consulting firm of Shiner Moseley and Associates to survey other U.S. coastal beach cleaning methods and to recommend a "best beach cleaning practices" approach for the City. The Final Report will be presented to City Council on November 20, 2001. It is the City's intent to utilize the Shiner Moseley report to develop a strategy and procedure to ensure that all the beaches in the Corpus Christi cormmunity will be maintained adequately. The City will provide a beach cleaning service that is equivalent or better than is presently being provided. Initially, the City will contract with Nueces County to continue beach cleaning until August 2002. From January 2002 thru July 2002 the City will develop a Beach Cleaning Division within the City organization or enter into a long term contract with a third party for providing beach cleaning services according the "best practices" recommended in the Shiner Moseley and Associates Report. H 5P LN-DIRXSHARED\WORD~ANN EXqAnnexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 26 The Hotel/Motel taxes generated by the condominiums on Mustang Island will generate i ' ' sufficient revenue to support the C ty s proposed beach cleaning program. 6. Question: How can the City provide a beach cleaning service equal to or better then the County when the County spends over $1,000,000 for beach maintenance compared with the City's proposed $600,000 per year. Answer: The County figures include maintenance of the Padre Balli and Port Aransas County Beach Parks, other park maintence, and approximately 7 miles of Gulf Beaches. The City does not have any beach parks to maintain and will be required to maintain approximately 5.2 miles of Gulf Beaches. Beaches owned by the County will are required to be maintained by the County. 7. Question: Where will beach cleaning equipment be stored? Answer: The City has acquired a 2-acre fire station site from Texas Parks and Wildlife. The site will contain enough room for a beach cleaning equipment yard and office. In addition, a beach cleaning equipment yard is proposed as part of the Packery Channel project located on Padre Island. 8. Question: Will the City have a beach parking sticker program? Answer: Contingent upon approval from the Texas General Land Office, the Nueces County Beach sticker program will continue until the City institutes a beach parking sticker program by the fall of 2002. 9. Question: Will the City allow vending in the annexation area? Answer: While the City has no plans to encourage vending in the annexation area, any vending activity would need to comply with the ordinances regulating vendors and peddlers in Chapter 38 of the Code of Ordinances. 10. Question: Will the City continue to require a public beach access requirement in the Dune Protection and Beach Access Plan/Regulations? Answer: The City may remove the public beach access requirement from the Dune Protection and Beach Access Plan and Regulation as part of an update to the Plan and Regulations during the spring of 2002. Approval by the Texas General Land Office will be required. The current plan requires the City to reserve public beach access to the Gulf Beach at ½ mile intervals and parking behind the dunes along Padre and Mustang Islands. The purpose of the requirement is to assure the public's right of access along an eroding and narrowing public beach. HSPLN-DIR~SHARED\WORD~ANNEXqAnnexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 27 HRE PROTECTION 11. Question: How is the City going to provide fire protection? Answer: Currently, Mustang Island is NOT in any fire protection district and adjacent cities including Corpus Christi have provided fire protection on a good neighbor basis. Upon annexation, fire protection for this area will be provided from Fire Station #15 in Padre Isles Subdivision. A new fire station is proposed at the north end of Mustang Island State Park. The target date for opening the new fire station is the fall of 2002. HOTEL MOTEL TAX 12. Question: Will the City use some of the Hotel/Motel Tax collected fi.om the condos on Mustang Island for promotion of tourism? Answer: The City, through the Convention and Visitors Bureau, currently uses and will continue to use part of the Hotel/Motel Tax collected within the City to promote tourism within our region, including Mustang Island. A portion of the tax that will be collected on Mustang Island will be used for beach cleaning, which also promotes tourism on the island. And another portion of the Hotel/Motel Tax collected within the City, including that collected fi.om Mustang Island, is being used to construct an expanded convention center. According the Tourism and Visitor's Bureau a significant portion of the retain visitors to Corpus Christi initially visited Corpus Christi thru a convention hosted by the City. Using a portion of the Hotel/Motel Tax to expand and make the convention center competitive with other hotel motel convention facilities will return many visitors to the City and one of its biggest tourist attractions - Gulf Beaches on Padre and Mustang Islands. NON-CITY SERVICES - U.S. MAIL, CABLE T.V., TELEPHONE SERVICES 13. Question: What impact or changes will residents see with regard to U.S. Mail Service, cable T.V. services and telephone services as a result of Pamexation? Answers: U.S. Mail service will continue to be provided fi.om the same United States Postal facility located on Mustang Island. No changes are anticipated and any changes that may occur in the future are completely at the discretion of the United States Postal Service. Cable T.V. - At the present time, Charter Cable provides service to the Mustang Island area. All cable television services within the City of Corpus Christi must enter into a HSPLN-D IR~SHARED\WORDXANNEXXAnnexation 2001 \City Council Agenda MemosXAGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 28 franchise agreement with the City. A franchise agreement has been sent to Charter Cable. Under the City's franchise agreement with Clear Source, the company is required to extend cable and telephone services to all areas of the City. The City will encourage Clear Source and wherever feasible assist the company in extending services to Mustang Island over the next several years. When Clear Source extends services inside the City, the company has included cable TV, phone service, and high-speed Interact access. Telephone Services - Currently, Century Tel provides telephone services to Mustang Island, Port Aransas and Aransas Pass. Century Tel calls fi.om Mustang Island to Corpus Christi are long distance calls. The only way calls from Mustang Island to Corpus Christi could become local calls is for Century Tel to either the Mustang Island calling area to Southwestern Bell Telephone in Corpus Christi by its actions or by a vote of the residents. The Public Utility Commission controls the service boundaries between the two entities. According to PUC roles, before any change could occur all Century Tel customers must vote to release the Mustang Island calling area to Southwestern Bell Telephone in Corpus Christi. In addition, PUC roles provide that the releasing phone company, Century Tel, may increase rates to its remaining customers to compensate for the lost service area. Note, in the cable section discussed above, Clear Source is obligated to extend cable and phone services to all areas inside the City limits, including Mustang Island after annexation. POLICE PROTECTION 14. Question: Does the Corpus Christi Police Department have enough officers to adequately patrol the beaches? Answer: Yes, however, the City will budget an additional $100,000 dollars to cover over time costs for patrol during high use periods, spring break, July 4th, etc. SOLID WASTE 15. Question: After annexation will the residents be able to choose between City provided solid waste and a private solid waste provider? Answer: Yes, solid waste collection by private hauler may continue after annexation, or upon a specific request for City Solid Waste services, the City is allowed to provide service Mustang Island customers. Water and Sewer H AP LN-DIR\S HARED\WO RD~ANN EX~mnexation 2001 \CiB, Council Agenda Mernos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 29 16. Question: Will there be any change to water and wastewater services provided by Nueces County Water Control and Improvement District #4 after annexation? Answer: No. The City has provided water to Nueces County Water Control and Improvement District (NCWCID) g4 for almost 20 years at a wholesale rate. After annexation the NCWCID will continue to provide water and wastewater services. (Note: Other areas of the City receive water service from other entities when they are within the service territory of the other retail public utility.) 17. Question: Mr. Carl Badalich asked ifNueces County had accepted his on-site sewage system facility plan? Answer: The City County Health Department has issued a letter to Mr. Badalich that his sewer system is in conformity with State Law. H 5PLN-DIR~SHARED\WORD~ANNEX~Annexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 30 Attachment VII: City Council Minutes from two Annexation Public Hearings PRESENT Mayor Samuel L. Neal Jr. Mayor Pro Tem Rex A. Kinnison Council Members: Brent Chesney Javier D. Colmenero Bill Kelly John Longoria Jesse Noyola Mark Scott ABSENT __Henry Garrett __CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting October 16, 2001 2:12 p.m. 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 referred to Item 12, and a motion was made, seconded and passed to open the first of two scheduled City Council public heatings on the city's proposed 2001 annexation program, which encompasses 16,067 acres. Using a computer presentation, Assistant City Manager Tom Utter described the six proposed annexation areas: Areas A and B-Wood River Development; Area C-South Padre Island, Tracts 1 and 2; Area D- water area west of Port Aransas; Area E-Gulf of Mexico water area east of Port Aransas; and Area F-Mustang Island north of Mustang Island State Park, Tracts 3A, 3B, 4 and 5. Mr. Utter said the city is responsible for providing levels of service (police, fire, EMS, water, wastewater, stormwater, solid waste, etc. ) comparable to the service available in other parts of the community that are similar in nature. He noted that properties in Area F will continue to receive water and wastewater service from the Nueces County Water Control and Improvement District #4 (NCWCID). Staff has determined that no new capital improvements are needed to provide city services in Areas A, B, C, D and E. He said Area F is not in a fire HAP LN-DIRXS HARED\WORD~ANN EX, Annexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 31 district--the fire calls have been answered by the cities of Port Aransas or Corpus Christi. Immediately upon annexation, fire service will be provided to Area F by Station 15 and in the future by a new station on the island, located on the north end of Mustang Island State Park. Mr. Utter said that once Area F is annexed, the city will be responsible for beach cleaning. The city has retained a consultant to assess best practices in beach cleaning in Texas and in other coastal communities. He said that from January 1-July 31, 2002, the city will contract with Nueces County or another entity to clean gulf beaches; starting August 1, 2002, the city will begin cleaning the beaches either using city staff or through a third-party contract. He said the annexation calendar includes another public hearing on October 22, 2001 at Port Royal on Mustang Island, with the first reading of the ordinance on Novetnber 20th and the second reading on December 1 lth. The effective date of annexation will be December 31, 2001. Mr. Utter further discussed the service plans for the specific annexation areas (beginning in the Council's packet on page 186). Mayor Neal called for public comment on Areas A and B and there was none. Referring to Area C, Dr. Robert Walter said that the 51 acres in Tract 2 actually consists of two smaller tracts--an 18-acre area owned by he and his wife, and a 33-acre area owned by a partnership of which he is the managing partner. Dr. Walter said that during the last annexation in December 1999, his property was dropped out of the proposal. He said he was under the impression that his property would fall under the new aunexation plan and it would be at least two years before they would be annexed. Mr. Utter replied that there was no definitive time that the annexation was planned to be brought back to the Council. Dr. Walter asked that his property not be annexed at this time. He said both tracts in Area C are subject to the Coastal Barrier Resources Act (CBRA), which was passed by Congress in 1982 and prohibits federal agencies from providing expenditures or financial assistance for new development. He said he believes that if his property is inside the city limits, he will not be able to raise the necessary capital to develop his property. Mayor Neal said if the city did not annex Dr. Waiter's property at this time, they would have to annex it in the year 2002 in order to still fall under the current state law. Responding to a question fi.om the Mayor, Dr. Walter said the city's development restrictions are substantial. Mr. Gunning said staff is recommending zoning the newly annexed properties on the gulf side to "AT" Apartment Tourist District, which allows condominium as well as single-family development. Dr. Walter also discussed requirements for an on-site waste treatment facility. Mayor Neal asked if there was opposition to annexation of Tract 1, Area C (Jones Tract) and Mr. Utter said there was none. He said staff thinks the Jones Tract was incorrectly placed in the CBRA zone. There was no comment on Areas D or E. H:~PLN-D IR~S HARED\WO RD~ANN E)GAnnexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01,DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 32 Mr. Abel Alonzo referred to the proposed annexation program in general, asking what the cost would be to the taxpayers and how soon revenues would be realized. Mr. Mark McDaniel, Director of Management and Budget, said that neither the cost of the service levels nor the revenue from the ad valorem taxes are significant in Areas A, B, C, D and E; however, Area F contains increases in both service costs and tax revenues. The net effect for FY 2001-02 is about $380,000 more revenues than expenditures and about $166,000 more revenues the following fiscal year. Mr. Carl Batalich asked if septic tanks will be permitted on island properties following annexation. Mr. Gunning said approved septic tanks will be allowed. Mr. Batalich said he was told by a representative of the NCWCID that no septic tank can be less than 11 feet above mean high tide and still receive water. He said as a result, he has not been able to receive water for one of his properties from that water district for about 20 years. Mr. Utter said the city has a contract with the district whereby it will enforce rules of the city. He said city staff have not met with water district representatives regarding Mr. Batalich's question but they intend to. Mr. Kinnison made a motion to close the public heating, seconded by Mr. Colmenero, and passed (Garrett absent). Responding to Council members' questions, Mr. Utter and Mr. McDaniel discussed beach cleaning, ad valorem tax revenues, police and fire protection, and other issues. City Secretary Chapa reiterated that the next City Council public heating on the proposed annexation program will be on October 22, 2001 at 6 p.m. at Port Royal on Mustang Island. Mr. Utter said that a zoning public hearing will be held on the subject properties on December 11 th. H 5P LN- DIR~S HARED\WO RD~ANN EXXAnnexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01,DOC City CouncilAgendaMemo Annexation 2001 November 16, 2001 Page 33 MINUTES __CITY OF CORPUS CHRISTI, TEXAS Annexation Public Hearing October 22, 2001 6:06 p.m. PRESENT Mayor Pro Tem Rex A. Kinnison Council Members: 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 Attomey James R. Bray Jr. City Secretary Armando Chapa Recording Secretary Rachelle P. Ram6n ABSENT __Mayor Samuel L. Neal Jr. Council Member Brent Chesney Mayor Pro Tem Kinnison called the meeting to order at the Port Royal Ocean Resort on Mustang Island. City Secretary Chapa checked the roll and verified that a quorum of the Council and the required charter officers were present. Assistant City Manager Tom Utter explained that state law requires the City Council to hold two public heatings prior to initiating annexation proceedings; this heating is the second one (the first Council public heating was held on October 16, 2001). He said the first reading of the annexation ordinance is scheduled for November 20, 2001 and the second reading is scheduled for December 11, 2001. Mr. Utter then described the six proposed annexation areas: Areas A and B-Wood River Development (51 acres); Area C-South Padre Island, Tracts 1 and 2 (1,251 acres); Area D- water area west of Port Aransas (919 acres); Area E-Gulf of Mexico water area east of Port Aransas (13,128 water acres); and Area F-Mustang Island north of Mustang Island State Park, Tracts 3A, 3B, 4 and 5 (718 acres). He also discussed services the city will provide upon annexation, including police, fire, water, wastewater, solid waste, and other services. Mr. Utter said that during the October 16th public hearing, two citizens raised concerns about the proposed annexation dealing with the erosion line and the city's requirement for sewer systems, which staff subsequently addressed. H:~PLN-D IR~SHARED\WO RDLANN EXXAnnexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 34 Council Member Garrett made a motion to open the public hearing, seconded by Council Member Scott and passed (Neal and Chesney absent). Mr. Jack Ponton, 821 Alister, said that in 1999 he had urged the Council to delay the annexation of Area F until city staff and residents could work together to develop an acceptable service plan. The Council agreed at that time to delay the annexation of the developed areas of Mustang Island. He said that while many residents would prefer not to be annexed, they recognize the city has the right to do so. He said residents are mainly concerned about the cleanliness of the beaches and the use of the hotel/motel tax to promote tourism on the island. Mr. Charles Adams said he is a part-time resident of Mustang Towers and a full-time resident of Corpus Christi (6110 Boca Raton Dr.). He said the residents need more information about mail delivery, cable, and telephone services. He also questioned why the city would want to armex Area F when almost all the residents would prefer not to be annexed. Ms. Anne Stapp, a resident of Mustang Towers, asked about fire protection prior to the construction of the new fire station on Mustang Island and solid waste pick-up for condominium residents. She questioned what the residents would gain since they already receive their water service from the Nueces County Water Control and Improvement District #4 (NCWCID), the state maintains Highway 361, and the condominium maintains its own private driveway and street lights. Mr. Carl Boot, a resident of the Mayan Princess, said they do not believe they will get any services for the extra taxes they will have to pay. He said they believe this is a money-grabbing venture by the City of Corpus Christi and they would rather be annexed by the City of Port Aransas. Mr. Chuck Borders, representing the Seagull Condominium, said the residents there are also wondering how they will benefit from annexation. He said they have questions about beach cleaning, police and fire protection, storage of beach maintenance equipment, beach sticker program, beach vending in front of the condos, and the beach access plan. He urged the Council to postpone this annexation until January when the new legislation will take effect. He also asked about the future zoning of the condos and the future use of disaster cards and hurricane evacuation procedures. Mr. Borders said the proposed annexation of the western side of Area D is confusing. Mr. Jack Rush, General Manager of Port Royal Ocean Resort, questioned the language regarding the "level of service" in the proposed service plan, specifically regarding the level of police protection. He also referred to a report dated April 9, 1999 regarding assumed growth on the island and questioned whether those assumptions are still valid. H:h°LN-DIRXSHARED\WORD~ANNEX~Annexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City CouncilAgendaMemo Annexahon 2001 November 16, 2001 Page 35 Dr. Fletcher Lee, Board President of the Seagull Condominium, said the residents of Mustang Island do not use Corpus Christi's facilities to the degree that would justify aimexation. He said it is estimated that residents of that condo will pay about $1,200 more per year in property taxes and they question whether they will get their money's worth. He also asked about beach cleaning, cost of water service, and telephone service. Mr. Bill Stephens, owner of a unit in Lost Colony Villas and a home in San Antonio, said the services for Lost Colony are provided by Port Aransas. He said Corpus Christi's City Hall is located 30.8 miles from his condo while Port Aransas is located less than nine miles away. He said it took 20 years to receive services after his home in San Antonio was annexed. He said it makes no sense for Mustang Island to be annexed by Corpus Christi rather than Port Aransas. Dr. Robert Walter, 15326 Isabella, said he is the owner of Tract 2 in Area C. He said he met with Mr. Utter and Mr. Michael Gunning, Director of Planning and Development, regarding his concerns. He said if the Council amends two city ordinances as staff will recommend, he should be able to build a house on his property in Area C within a year or so. He said they need the city's assistance in taking his property out of the Coastal Barrier Resources Act zone. Mr. Carl Balalich said he supports this annexation because restrictions are needed on development in the county. He thanked Mr. Utter for his assistance in negotiating an agreement with the NCWCID and he asked if both of his lots (Lot 1, Block 1 and Lot 3, Block 1) will receive water and wastewater service. He added that the county has approved his septic system. Mr. Sam Poteet, 465 Marina Dr. in Port Aransas, said his company manages Mustang Towers and the Sandpiper Condominium. He said in the year 2000 Mustang Towers paid $47,771 and the Sandpiper paid $169,453 to the county and state in occupancy taxes. He said the county's portion for both properties was over $117,000. He reiterated that the residents are concerned about beach maintenance, security and access and the amount of money that will be spent for tourism on Mustang Island. He said this is not the right time to annex Area F and he said it will take many years--if it occurs at all--to provide services to that area. Council Member Longoria made a motion to close the public hearing, seconded by Council Member Scott, and passed (Neal and Chesney absent). Mr. Utter then responded to the concerns raised during the public heating. He said approximately $846,000 in hotel/motel taxes is collected from development on Mustang Island. He said staffbased its estimate on the cost to clean the beach in Area F on the fact that currently the city pays Nueces County approximately $100,000 per year to clean a one-mile stretch of beach in front of the Padre Island seawall. He said Shiner Moseley & Associates is preparing a report about best practices in beach cleaning, which City Manager Garcia further discussed. HSPLN-DIR~SHARED\WO RD~ANNEXqAnnexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 36 With regard to other questions, Mr. Utter said cable franchise agreements in Corpus Christi require that the companies serve the entire city (over a period of time). He said city staff is working with Southwestern Bell representatives regarding telephone service, but the mail delivery is out of the city's hands. He discussed the new fire station to be located north of Mustang Island State Park and solid waste service to the condos. He said the city will not maintain private roads but it will maintain existing beach access roads; the beach maintenance equipment will be located at the new fire station and at the reopened Packery Channel. He also discussed the beach sticker program and access plan, annexation schedule, zoning, disaster cards, police services, and water rates. He pointed out that Area F is annexed on three sides by Corpus Christi and on the fourth side by Port Aransas. Council Member Scott said the Council's intention during the hearing was to listen to the residents' concerns. He said they will discuss the proposed annexation areas at future Council meetings. Mayor Pro Tem Kinnison noted that staff will provide written responses to these questions and he said the heads of almost every city department were in attendance at the hearing. Council Member Garrett made a motion to adjourn at 7:30 p.m. on October 22, 2001. The motion was seconded by Council Member Noyola and passed (Neal and Chesney absent). H 5P LN-DIR\S HARED\WORD~ANN EXXAnnexation 2001 \City Council Agenda MemosXAGENDA MEMO NOV 20 01.DOC City CouncilAgendaMemo Annexation 2001 November 16, 2001 Page 37 Annexation Service Plans H:~P LN-DIR~S HARED\WORD~ANN EX, Annexation 2001 \City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC City Council Agenda Memo Annexation 2001 November 16, 2001 Page 38 Attachment VIII: Annexation Ordinances H:~PLN-DIR~SHARED\WORD~ANNEX%Annexation 2001\City Council Agenda Memos~AGENDA MEMO NOV 20 01.DOC Page 1 of 14 AN ORDINANCE ANNEXING WOOD RIVER AREAS A AND B CONTIGUOUS TO THE CITY LIMITS IN THE VICINITY OF THE WOOD RIVER SUBDIVISION; PROVIDING FOR A SERVICE PLAN FOR THE ANNEXED AREAS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex two areas of land herein called Areas A and B, east of East Riverview Drive, south of the Nueces River, in the vicinity of the Wood River Subdivision, to the City of Corpus Christi; WHEREAS, on October 16th, 2001, a public hearing was held by the City Council, during a regularly scheduled City Council meeting held in the Council Chambers, at City Hall, in the City of Corpus Christi, and on October 22nd, 2001, a second public hearing was held by the City Council, during a special scheduled City Council meeting held in the Grand Ball Room of the Port Royal Ocean Resort on Mustang Island which is within another area also proposed for annexation; WHEREAS, before each hearing, the City published in a newspaper of general circulation in the City of Corpus Christi, and posted on the City's internet website, a notice of each hearing; and each hearing was held for the consideration of annexation proceedings and the service plan for the defined lands and territory; and during each hearing all pemons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at the public hearings on October 16th and October 22nd, 2001; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. C:~(H) Leg.cpy\DoyleDC urtis.cpy\14Nov01 .cpy\DoyleDC urtis~/IY DOCS~200 I~P&ZORD0 l~Annexation,ord\DDC200 l~AreasA&B.WoodRiver, ord.doc Page 2 of 14 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 32.127 acre tract of land, more or less, herein called Area A, out of the Mclntyre Partition, in the vicinity of Wood River Subdivision, and described generally in the attached Exhibit "A" as 32.127 acres, more or less, consisting of a 9.353 acre tract, more or less, now or formerly owned by the Estate of Mrs. Nina G. Stewart, out of a 205.80 acre tract described in Volume 26, Page 235, Nueces County, Texas, Deed Records, and a 22.774 acre tract, more or less, now or formerly owned by Riverview Investments, out of a 44.026 acre tract, more or less, described in Document No. 1999019237, Nueces County, Texas, Deed Records, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit A and by a map in Exhibit C attached to this ordinance and which are incorporated herein by reference. SECTION 2. That a 18.714 acre tract of land, more or less, herein called Area B, out of the Mclntyre Partition, in the vicinity of Wood River Subdivision, and described generally in the attached Exhibit "A" as 18.714 acres out of Mclntyre Partition and out of a 39.566 acre tract, now or formerly owned by J. G. Haldeman, described in Document No. 875097, Nueces County, Texas, Deed Records, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit B and by a map in Exhibit C attached to this ordinance and which are incorporated herein by reference. SECTION 3. That there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit D of this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that the services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with topography, land uses and population densities similar to those reasonably contemplated or projected in the area annexed. SECTION 4. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 5. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 6. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. C:\(H)Leg.cpy\DoyleOCurtis.cpy~14Nov01 .cpy\DoyleOCu rtis~MYDOCS~00 I\P&ZORD0 l~Annexation.ord\DDC200 l~AreasA&B.WoodRiver,ord,doc Page 3 of 14 SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 8. This ordinance goes into effect at 12:01 A. M., December 31, 2001. C:~(H)Leg.cpy~DoyleDCurtis.cpy\14Nov01 .cpy~DoyleDC urtis~lYDOCS~200 I~P&ZO RD0 l~An nexation.ord\DDC200 l~AreasA&B.Wood River.ord.doc Page 4 of 14 Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett VVilliam Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the 20th day of November, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly That the foregoing ordinance was read for the second time and passed finally on this the 11th day of December, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the 11th day of December, 2001. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 15, 2001 James R. Bray, Jr., By: Doyle D~(~r[is Senior A~sistant City Attorney C:\(H) Leg.cpy\DoyleDC urtis.cpy~14Nov01 .cpy~DoyleDC u rtis~,~YDOCS~00 I~P&ZORD0 l~An nexation.ord~DDC200 l~AreasA&B.WoodRiver.ord.doc Page 5 of 14 EXHIBIT A METES AND BOUNDS FOR WOOD RIVER DEVELOPMENT AREA A Being 32.127 acres, more or less, consisting of a 9.353 acre tract, more or less, now or formerly owned by the Estate of Mrs. Nina G. Stewart, out of a 205.80 acre tract described in Volume 26, Page 235, Nueces County, Texas, Deed Records, and a 22.774 acre tract, more or less, now or formerly owned by Riverview Investments, out of a 44.026 acre tract, more or less, described in Document No. 1999019237, Nueces County, Texas, Deed Records, said 32.127 acres, more or less, more particularly described by metes and bounds as follows: BEGINNING at a point, the intersection of the east right-of-way line of East Riverview Drive extended and the south Iow water line of Nueces River, for a point on the present City limit line established by Ordinance No. 10002, dated 11/18/70 and the northernmost corner of this tract; THENCE southeasterly along the present City limit, the meanders of the Iow water line of Nueces River, to a corner in the present City limit line established by Ordinance No. 023885, dated 12/21/99, for the northernmost corner of said 22.774 acre tract and an outside corner of this tract; THENCE South 46° 54' 43" East along the present City limit line, the southwest boundary line of Tract 5 described in Ordinance No. 023885, dated 12/21/99, the same being the northeast boundary line of said 22.774 acre tract, a distance of 1,814.82 feet, more or less, to a point, for the north corner of Tract 3 described in Ordinance No. 023885, dated 12/21/99 and the easternmost corner of this tract; THENCE South 46° 14' 20" West along a common line between a 106.75 acre tract now or formerly owned by J. G. Haldeman, described in Document No. 825692 and a 61.30 acre tract, now or formerly owned by Wood River Property, described in Document No. 907096, Nueces County, Texas, Deed Records, 590 feet, more or less, to a point, for the east corner of Tract 4 described in Ordinance No. 023885, dated 12/21/99, and the south corner of this tract; THENCE North 43° 45' 40" West along the present City limit line, 1,182.00 feet, more or less, for a corner on said present City limit line and an inside corner of this tract; THENCE South 46° 14' 20" West along the present City limit line, 340.08 feet, more or less, for a corner on said present City limit line, a point on the northeast boundary line of Tract 2 described in Ordinance No. 023885, dated 12/21/99 and an outside corner of this tract; C:\(H)Leg.cpy~DoyleDC u rtis,ct3y~14Nov01 .cpy~DoyleDCurlis~MYDOCS~00 I~P&ZORD01~An nexation.ord\DDC200 l~AreasA&B.WoodRiver.ord,doc Page 6 of 14 THENCE North 43° 45' 40" West along the present City limit line, 368.19 feet, more or less, for a corner on the present City limit line and an inside corner of this tract; THENCE North 89° 27' 20" West along the present City limit line, 103.67 feet, more or less, to a point on the east right-of-way line of said East Riverview Drive, for the west corner of this tract; THENCE North 0° 32' 40" East leaving the present City limit line, along the east right-of- way line of East Riverview Drive, 1,040.00 feet, more or less, to a point on the south low water line of Nueces River, for the POINT OF BEGINNING. H:~PLN-DIR\SHARED\WORD~ANNEX~Annexation200 l~AnnexationMetesAndBoundsWREAAMETES&BOU NDS.DOC 11/07/0111:45PM C:~(H) Leg.cpy\DoyleDCurtis.cpy\14Nov01 .cpy~DoyleDCu rtis~MYDOCS~200 I\P&ZO RD011An nexation.ord\DDC20011AreasA&B.Wood River. oral.doc Page 7 of 14 EXHIBIT B METES AND BOUNDS FOR WOOD RIVER DEVELOPMENT AREA B Being 18.714 acres out of Mclntyre Partition and out of a 39.566 acre tract, now or formerly owned by J. G. Haldeman, described in Document No. 875097, Nueces County, Texas, Deed Records, said 18.714 acres, more particularly described by metes and bounds as follows: BEGINNING at a point on the east right-of-way line of East Riverview Drive, the north corner of Wood River Unit 15, shown on Plat of Record in Volume 61, Page 111, Nueces County, Texas Map Records, the north corner of Tract 1 described in Ordinance No. 023885, dated 12/21/99 for the west corner of this tract; THENCE North 00° 32' 40" East, leaving the present City limit line, along the east right- of-way line of said East Riverview Drive, 1,333.50 feet, more or less, to a point, the west corner of Tract 2 described in Ordinance No. 023885, dated 12/21/99, for a corner on the present City limit line and the north corner of this tract; THENCE South 43° 45' 40" East along the present City limit line, 1,120.00 feet more or less, to a point, a corner on the present City limit line, the southernmost corner of Tract 2 described in Ordinance No. 023885, dated 12/21/99, for a point on the west right-of- way line of a 100 foot wide drainage ditch platted as part of Wood River Subdivision Unit 10, shown on Plat of Record in Volume 55, Pages 172 and 173, Nueces County, Texas Plat Records, and the east corner of this tract; THENCE Southwesterly along the west right-of-way line of said 100-foot drainage ditch, its curves and its angles, to a point, the northeast corner of Wood River Unit 15, for a corner on the present City limit line and south corner of this tract; THENCE North 63° 10' 20" West along the present City limit line, the northeast boundary line of Wood River Unit 15, 684.18 feet, more or less, to a point on the east right-of-way line of East Riverview Drive, for the POINT OF BEGINNING. H:~PLN-D~R\~HARED\~RD~ANNEx~ANNF~XAT~N2~1~ANNEXAT~NMETE~ANDB~UNDS~AREABMETE~&B~UNDSD~C 11/07/012:13PM C:~(H)Leg .cpy\DoyleDCu rtis.cpy\l 4Nov01 .cpy\OoyleDC u rtis~MYDOCS~2001\P&ZORD011Annexation.ord~DDC20011AreasA&B.Wood River.ord.doc EXHIBIT C Page 8 of 14 SAN pATI~ICIO COUNTY 2001 ANNEXA'I'ZON PROGRAM CITY OF CORPUS CHRISTI, TEXAS Areas "A" & "B" 0 FL 8~0 FL City of Corpus Christi, Planning Department, 22AUG01 C:\(H) Leg.cpy\DoyleDCu rtis.cpy\14Nov01 .cpy~DoyIeDC urtJs~dYDOCS~00 I~P&ZORD0 l~An nexation.ord\DDC200 l~AreasA&B,Wood River.ord,doc EXHIBIT D Page 9 of 14 Service Plan for Wood River Areas A and B C:\(H)Leg.cpy\DoyleDCurtis.cpy\14Nov01 .cpy\DoyleDCurtis~,lYOOCS~00 I~P&ZORD0 l~nnexation.ord\DDC200 l~AreasA&B.WoodRiver.ord.doc EXHIBIT D Page 10 of 14 ANNEXATION SERVICE PLAN FOR AREAS A AND B - WOOD R[~ER AREA CITY OF CORPUS CHRISTI, TEXAS INTRODUCTION The City Council of the City of Corpus Christi, Texas, finds and determines that this Service Plan will not provide any fewer services or a lower level of service in the annexation areas than were in existence in the annexation areas at the time immediately preceding the annexation process. The service plan will provide the annexed areas with a level of service, infrastructure, and infr~tructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Upon annexation of Area A and Area B, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. The City of Corpus Christi will assume maintenance of any new streets, curb and gutters, after construction and acceptance by the City. Owners and/or developers of properties in the annexation areas must comply with State law as well as City zoning, platting, building code, flood hazard prevention and all other code requirements. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION 1. Police Protection The City of Corpus Christi, Texas, and its Police Department will provide police protection to the newly annexed areas at the same level of service now being provided to areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. These services include: Normal patrols and responses; Handling of complaints and incident reports; Special units, such as traffic enforcement, criminal investigations, namotics, gang suppression, and special weapons and tactics team. The area will be included in a patrol district that will receive 24-hour patrol coverage. CCPD will provide primary patrol services with regularly scheduled officers. 2. Fire Protection/Emergency Medical Services C:\(H)Leg.cpy\DoyleDCurtis.cpy\14NovO 1 .cpy\DoyleDC urtis~IYDOCS~001\P&ZORD0 l~Annexation.ord\DDC200 l~AreasA&BWoodRiver.ord,doc EXHIBIT D Page 11 of 14 The City of Corpus Christi, Texas, and its Fire Department will provide fire protection and ambulance service to the newly annexed tract at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. These services include: · Fire suppression and rescue; · Emergency medical services; · Hazardous materials mitigation and regulation; · Emergency prevention and public education efforts; · Water rescue; · Technical rescue; · Construction plan review; · Inspections; · Emergency management planning; · Rescue / hazardous materials unit, These services are provided on a citywide basis by 395 employees operating from 15 emergency fire stations and other non-emergency sites. All Corpus Christi Firefightem are certified by the Texas Commission on Fire Protection. Upon annexation the Corpus Christi Fire Department will provide service from Fire Station #2 located at 13421 Upriver Road. Fire Station #2 has 4 firefighter personnel on duty 24 hours a day. Every Fire Unit is manned with at least one certified Emergency Medical Technician and every medical unit is manned with at least one Certified Emergency Medical Technician and one Certified Paramedic. All pumper, ladder trucks, and rescue units carry Automatic External Defibrillators for use with heart attack victims. 3. Solid Waste Collection After the effective date of annexation the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third party contract. Services currently provided by the City for single-family residences include: · Garbage collection; · Recycling collection - curbside recycling collection for residential customers; materials collected include newspaper, "junk mail," tin and aluminum can, glass bottles and jars, plastic bottles; · Brush pick up; and · Large and bulky material pickup. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue CA(H)Leg.cpy\DoyleDCurtis.cpy\14Nov01 ~cpy\D~y~eD~urtis~MYD~S~2~1\P&Z~RD~1~Annexati~n~rd\DDC2~1~AreasA&B~dRiver~rd~d~c EXHIBIT D Page 12 of 14 providing this service to condominium complexes, multi-family apartments and commercial establishments. 4. Operation and Maintenance of Water and Waste Water Facilities Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Corpus Christi, Texas, to the extent of its ownership. Any and all water or wastewater facilities which may be the property of the Nueces County Water Control and Improvement District #3 (NCWClD #3) and/or other municipality or other entities after the annexation of the proposed area shall continue to be maintained by the municipality or entity to the extent of its ownership. Existing water line mains at their current locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. Individual septic systems may be acceptable if City and County standards are met. 5. Operation and Maintenance of Roads and Streets The City will maintain public streets over which the City has jurisdiction. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement st~ali be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. Street Department services include: · Emergency pavement repair; and · Maintenance of public streets. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Engineering Services Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re-striped and remarked and signage replaced as needed. C:\( H )Leg. c py\D o yle DC u rt is. c py\ 14 N o v01.cpy\D o yle DC u rti$~M y DOC S~2001 \P &Z O R DO 1 ~A n n ex a tio n.o rd \D DC2001 ~A rea sA& B.Woo d Rive r. o rd,d o c EXHIBIT D Page 13 of 14 6. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and City's acceptance of said park. In the event any such parks, playgrounds or swimming pools do exist, and such parks, playgrounds or public swimming pools are accepted as City owned public facilities by the City of Corpus Christi, Texas, they will be maintained to the same extent and degree that parks, playgrounds and swimming pools and other similar areas of the City of Corpus Christi, Texas are maintained. 7. Operation and Maintenance of Any Publicly Owned Facility, Building or Municipal Service The City Council of the City of Corpus Christi, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service new located in the annexation area. In the event any publicly owned facility, building or municipal service is dedicated to and accepted by the City of Corpus Christi, the facility, building or municipal service will be maintained to the same extent and degree that publicly owned facilities, buildings or municipal services of the City of Corpus Christi, Texas are maintained. CITY SERVICES PROVIDED THROUGH THE ACQUISITION AND/OR CAPITAL IMPROVEMENT PROCESS WITHIN 2-1/2 YEARS FROM THE DATE OF ANNEXATION Police Protection No capital improvements are necessary at this time to provide police protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services No capital improvements are necessary at this time to provide fire protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 3. Water and Wastewater Facilities C:~(H)Leg.cpy\DoyleDCurtis,cpy\14Nov01 .cpy\DoyleDCu rtisWIYDOCS~00 I\P&ZORD0 l~Annexation.ord\DDC2001~AreasA&B.Wood River.oral.doc EXHIBIT D Page 14 of 14 The City Council of the City of Corpus Christi, Texas, finds and determines that water mains and wastewater collection lines exist within city limits which may be extended to provide service within the area to be annexed pursuant to the City's standard service extension policies now in existence or as may be amended by the City Council. 4. Street Extensions and Street Lighting New development will be required pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Corpus Christi, Texas, for a properly dedicated street. Upon the effective date of annexation of the proposed area, the City of Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility franchise company, will undertake to provide the same degree of read and street lighting as is provided in areas of similar topography, land use and population density within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of lighting for roads and streets which are properly dedicated to and accepted by the City of Corpus Christi will be consistent with the maintenance provided by the City to other roads and streets in areas of topography, land use and population density similar to the annexed property. D. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality to service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density C:~(H) Leg.cpy\DoyleDCurtis,cpy\14Nov01 .cpy\DoyleDCu rtis~YDOCS~00 I\P&ZORD0 l~Annexation.ord\DDC2001~AreasA&B.WoodRiver.ord.doc Page 1 of 14 AN ORDINANCE ANNEXING PADRE ISLAND AREA C, TRACTS 1 AND 2, CONTIGUOUS TO THE CITY LIMITS IN THE VICINITY OF THE NUECES-KLEBERG COUNTY LINE AND ADJACENT TO SOUTH PADRE ISLAND DRIVE (PARK ROAD 22) AND SOUTH OF SEA PINES DRIVE; PROVIDING FOR A SERVICE PLAN FOR THE ANNEXED TRACTS OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex two tracts of land on Padre Island herein called Tract 1 and Tract 2 in Area C, in the vicinity of the Nueces-Kleberg County line and adjacent to South Padre Island Drive (Park Road 22) and south of Sea Pines Drive, to the City of Corpus Christi; WHEREAS, on October 16th, 2001, a public hearing was held by the City Council, during a regularly scheduled City Council meeting held in the Council Chambers, at City Hall, in the City of Corpus Christi, and on October 22nd, 2001, a second public hearing was held by the City Council, during a special scheduled City Council meeting held in the Grand Ball Room of the Port Royal Ocean Resort on Mustang Island which is within another area also proposed for annexation; WHEREAS, before each hearing, the City published in a newspaper of general circulation in the City of Corpus Christi, and posted on the City's internet website, a notice of each hearing; and each hearing was held for the consideration of annexation proceedings and the service plan for the defined lands and territory; and during each hearing all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at the public hearings on October 16th and October 22nd, 2001; WHEREAS,' it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and C:~(H)Leg,cpy~DoyleDCurtis,cpy\14Nov01 ,cpy~DoyleDCurtis~/IYDOCS~200 I~P&ZORD0 l~An nexation.ord~DDC2001~AreaC,PadrelsI.Jone$&Walter.o~d.doc Page 2 of 14 WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a 1,230 acre tract of land, more or less, herein called Tract 1 of Area C, out of a 1,260.57 acre tract, located south of and adjacent to the Nueces-Kleberg county line and being a part of the Jose Maria Tovar Subdivision of record in Volume 2, pages 82, and 83, Kleberg County, Texas, map records, said tract now or formerly owned by Lawrence R. Jones, Jr. et al, located entirely in Kleberg County, Texas,, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit A and by a map in Exhibit C attached to this ordinance and which are incorporated herein by reference. SECTION 2. That a 51 acre tract of land, more or less, herein called Tract 2 of Area C, consisting of part of an 18.07 acre tract located east of and adjacent to Park Road 22 and north of and adjacent to the Nueces-Kleberg county line and described in Document No. 840580, Nueces County, Texas Deed Records and part of a 37 acre tract, more or less, located east of and adjacent to Park Road 22 and north of and adjacent to said 18.07 acre tract, described in Document No. 1998050703, Nueces County, Texas, Deed records, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The tract is also described by metes and bounds in Exhibit B and by a map in Exhibit C attached to this ordinance and which are incorporated herein by reference. SECTION 3. That there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit D of this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that the services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with topography, land uses and population densities similar to those reasonably contemplated or projected in the area annexed. SECTION 4. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to ali intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 5. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. C:~(H)Leg.cpy~DoyleDC u~tis.cpy\14Nov01 .cpy\DoyleDCurtis~lYDOCS~001\P&ZORD01 ~An nexation.ord~DDC2001~AreaC.PadrelsI.Jones&Walter, ord.doc Page 3 of 14 SECTION 6. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 8. This ordinance goes into effect at 12:01 A. M., December 31, 2001. C:~(H)Leg.cpy~DoyleDCurtis.cpy~14Nov01 .cpy~DoyleDCu~tis~lYDOCS~200 I~P&ZORD0 l~Annexation,ord~DOC200 l~AreaC.PadrelsI.Jones&Walter.or~,doc Page 4 of 14 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 20th day of November, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garret[ William Kelly That the foregoing ordinance was read for the second time and passed finally on this the 11th day of December, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scot[ PASSED AND APPROVED, this the 11th day of December, 2001. ATT'EST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 15, 2001 James R. Bray, Jr., By: Doyle D.~urtis Senior A{sistant City Attorney C:~(H)Leg.cpy\DoyleDCurtis.cpy~14Nov01 .cpy~DoyleDCurtis~VIYDOCS~00 l\P&ZORD01~Annexation.ord~DDC200 l~AreaC.Pad relsI.Jones&Walter.ord.doc Page 5 of 14 EXHIBIT A METES AND BOUNDS FOR PADRE ISLAND AREA C, TRACT 1 1,230 acres, more or less, out of a 1,260.57 acre tract, located south of and adjacent to the Nueces-Kleberg county line and being a part of the Jose Maria Tovar Subdivision of record in Volume 2, pages 82, and 83, Kleberg County, Texas, map records, said tract now or formerly owned by Lawrence R. Jones, Jr. et al, is located entirely in Kleberg County, Texas and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the Nueces-Kleberg county line and the vegetation line that extends along the Gulf of Mexico side of Padre Island, for the east corner of the tract here-in described; THENCE southwesterly along said vegetation line approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico, 7,843 feet, more or less, to a point on the south boundary line of said 1,260.57 acres, more or less, for the south corner of this tract; THENCE northwesterly along the south boundary line of said 1,260.57 acre tract, more or less, as fellows; N 46° 12' 57" WA distance of 4,800 feet, more or less; N 39° 59' 12" WA distance of 811.42 feet, more or less; N 87° 51' 25" W A distance of 551.75 feet, more or less; N 61° 15' 12" W A distance of 2,937.08 feet, more or less; THENCE, North 61° 14' 42" west, 974.38 feet, more or less, to a point on the shoreline of the Laguna Madre side of Padre Island, the present city limit line established by Ordinance No. 10007, dated November 18, 1970, for the west corner of this tract; THENCE, northwesterly along the shoreline and the present city limit line, as follows; N 48° 17' 33" E A distance of 721.82 feet, more or less; N 33° 16' 49" E A distance of 614.94 feet, more or less; N 38° 06' 16" E A distance of 671.21 feet, more or less; N 45° 47' 20" E A Distance of 206.28 feet, more or less; N 64° 57' 01" E A distance of 344.90 feet, more or less; S 81° 08' 24" E A distance of 139.73 feet, more or less; C:\(H)Leg.cpy~DoyleDCurtis.cpy~14Nov01 .cpy\DoyleDC u rtis~'~YDOCS~00 I~P&ZORD0 l~Annexation.ord\DDC200 l~AreaC.Padrelsi. Jones&Walter, ord,doc Page 6 of 14 EXHIBIT A (CONTINUED) THENCE, north 25° 34' 09" E continuing along the present city limit line, 899.61 feet, more or less, to a point on the Nueces-Kleberg county line, for a corner in said present city limit line and an outside corner of this tract; THENCE, north 72° 19' 32" east continuing with the present city limit line and the Nueces-Kleberg county line, 1,106.23 feet, more or less, to a point for a comer; THENCE, north 73°, 48' 14" east continuing with the present city limit line and the Nueces-Kleberg county line, 1,890.78 feet, more or less, to a point, for comer in said present city limit line and the north corner of this tract; THENCE south 69° 56' 35" east continuing with the Nueces-Kleberg county line, 6,488 feet, more or less, to a point on the vegetation line that extends along the Gulf of Mexico side of Padre Island for the POINT OF BEGINNING. H:~PLN-DiR\S HARED\WORD~AN N EX,Annexation200 l~Annex ationMetesAnclRounds~ARF_A.~.METES &BOUNDS.DOC 11/0710111:45PM C:\(H) Leg.cpy~DoyleDCurtis.cpy\14Nov01 .cpy~DoyleDCu rtisffVIYDOCS~2001\P&ZORD0 l~Annexation.ord\DDC200 l~AreaC.Padrelsl. Jones&Walter.ord.doc Page 7 of 14 EXHIBIT B METES AND BOUNDS FOR PADRE ISLAND AREA C, TRACT 2 52 acres, more or less, consisting of part of an 18.07 acre tract located east of and adjacent to Park Road 22 and north of and adjacent to the Nueces-Kleberg county line and described in Document No. 840580, Nueces County, Texas Deed Records and part of a 37 acre tract, more or less, located east of and adjacent to Park Road 22 and north of and adjacent to said 18.07 acre tract, described in Document No. 1998050703, Nueces County, Texas, Deed records, said 52 acres, more or less, more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the east right-of-way line of Park Road 22 (South Padre Island Drive) and the Nueces-Kleberg county line, for a corner in the present city limit line established by Ordinance No. 016752, dated November 18, 1981, and the west corner of the tract here-in described; THENCE, northeasterly along the east right-of-way of Park Road 22, the present city limit line, its curves and its angles, a linear distance of 1,121 feet, more or less, to a point on the south boundary line of Nueces County Park No. 1, for the north corner of said 37 acres and the north corner of this tract; THENCE, southeasterly along the south boundary line of Nueces County Park No. 1 the northeast boundary line of said 37 acre tract, 2,000 feet, more or less, to a point on the vegetation line that extends along the Gulf of Mexico side of Padre Island, for the east corner of this tract; THENCE, southwesterly along said vegetation line, approximately 200 feet west of and generally parallel to the shoreline of the Gulf of Mexico side of Padre Island, a linear distance of 1,121 feet, more or less, to a point on the Nueces-Kleberg county line for the south corner of this tract; THENCE, northwesterly along said Nueces-Kleberg county line, 2,000 feet, more or less, to a point on the east right-of-way line of Park Road 22, for the POINT OF BEGINNING. H:\PLN- D~R\SHARED\W~RD~ANNEX~Annexati~n2~1~Annexati~nMetesAn(~B~unds~AreaCTract2METESANDB~UNDS~d~c11/07/01 12:39PM C:\(H)Leg,cpy\DoyleDC urtis,cpy\14Nov01 .cpy~DoyleDC urtisWIYDOCS~00 I\P&ZORD0 l~,nnexation,ord\DDC200 l~AreaC.Padrelsi. Janes&Walter, ord.doc EXHIBIT C Page 8 of 14 ~r , '~l¥~, ~I / / MEXICO ~ OF CORPUS CHRIS~ ANNE~TION AREA "C" C:~(H)Leg.cpy~DoyleDCurtis.cpy\14Nov01 .cpy~OoyleDC u rtis/MYDOCSI2.001~P&ZORD011Annexation.o~DDC2001~AreaC.Pad relsi.Jones&Walter.ord.doc EXHIBIT d ~'~. 9 o~,~ Service Plan for Padre Island Area C C:~(H) Leg.cpy\DoyleDC u rtis.c~yH 4Nov01 .cpy\DoyleDC u rtis~VlYDOCS~2001 \p&ZORD01~Annexation.ord\DDC2001~AreaC.Padrelsi.Jones&Walter. ord.doc EXHIBIT D Page 10of14 Attachment IV: Service Plan for Padre Island Area C INTRODUCTION The City Council of the City of Corpus Christi, Texas, finds and determines that this Service Plan will not provide any fewer services or a lower level of service in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other part of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Upon annexation of Area C, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. The City of Corpus Christi will assume maintenance of any new streets, curb and gutters, after construction and acceptance by the City. Owners and/or developers of properties in the annexation area must comply with State law as well as City zoning, platting, building code, flood hazard prevention and all other code requirements. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION 1. Police Protection The City of Corpus Christi, Texas, and its Police Department will provide police protection to the newly annexed area at the same level of service now being provided to areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. These services include: · Normal patrols and responses; · Handling of complaints and incident reports; · Special units, such as traffic enforcement, criminal investigations, narcotics, gang suppression, and special weapons and tactics team. The area will be included in a patrol district that will receive 24-hour patrol coverage and primary patrol services with regularly scheduled officers. 2. Fire Protection/Emergency Medical Services The City of Corpus Christi, Texas, and its Fire Department will provide fire protection and ambulance service to the newly annexed tract at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, [and use and population density. These services include: C:~(H )Leg.cpy~DoyleDCurtis.cpy\14Nov01 .cpy\DoyleOCu r~isW!YDOCS~.00 I~P&ZORD0 l~Annexation.ord\DDC200 l~AreaC.PadrelsL jones&Walter.oral.doc EXHIBIT d Page ll of 14 · Fire suppression and rescue; · Emergency medical services; · Hazardous materials mitigation and regulation; · Emergency prevention and public education efforts; · Water rescue; · Technical rescue; · Construction plan review; · Inspections; · Emergency management planning; · Rescue / hazardous materials unit. These services are provided, on a citywide basis, by 395 employees operating from 15 emergency fire stations and other non-emergency sites. All Corpus Christi Firefighters are certified by the Texas Commission on Fire Protection. Upon annexation the Corpus Christi Fire Department (CCFD) will provide service from Fire Station #15 located at 1402 Commodore Drive. Fire Station #15 has five firefighter personnel on duty 24 hours a day. Three firefighters are assigned to fire suppression and two firefighters are available for emergency medical response. Every Fire Unit is manned with at least one certified Emergency Medical Technician and every medical trait is manned with at least one Certified Emergency Medical Technician and one Certified Paramedic. If Station #15 is unavailable, CCFD will provide service from Station # 13 in Flour Bluff. All pumper, ladder trucks, and rescue units carry Automatic External Defibrillators for use with heart attack victims. 3. Solid Waste Collection After the effective date of annexation the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third party contract. Services currently provided by the City for single-family residences include: · Garbage collection; · Recycling collection - curbside recycling collection for residential customers; materials collected include newspaper, "junk mail," tin and aluminum can, glass bottles and jars, plastic bottles; · Brush pick up; and · Large and bulky material pickup. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial establishments. C:\(H)Leg.cpy\DoyleDCurtis.cpy\14 Nov01 .cpy\DoyleDCu rtis~V~YDOCS~200 I\P&ZORD0 l~Annexation.ord\DDC200 l~AreaC.Padrelst. Jones&Walter.or~ .doc EXHIBIT D Page 12 of 14 4. Operation and Maintenance of Water and Waste Water Facilities Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be the property of another municipality or other entities after the annexation will continue to be maintained by the municipality or entity. Existing water line mains at their current locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. Individual septic systems may be acceptable if City and County standards are met. 5. Operations and Maintenance of Roads and Streets The City will maintain public streets over which the City has jurisdiction. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. Street Department services include: · Emergency pavement repair; and · Maintenance of public streets. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Engineering Services Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re-striped and remarked and signage replaced as needed. 6. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and City's acceptance of CA(H) Leg.cpy\DoyleDC urtis.cpy\14Nov01 .cpy\DoyleDCurtis~MYDOCS~200 I\P&ZORD0 l~Annexation.ord\DDC200 l~AreaC.Padrelsi.Jones&Walter.ord.doc EXHIBIT D Page 13 of 14 said park. In the event any such parks, playgrounds or swimming pools do exist, and such parks, playgrounds or public swimming pools are accepted as City owned public facilities by the City of Corpus Christi, Texas, they will be maintained to the same extent and degree that parks, playgrounds and swimming pools and other similar areas of the City of Corpus Christi, Texas are maintained. 7. Operation and Maintenance of Any Publicly Owned Facility, Building or Municipal Service The City Council of the City of Corpus Christi, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service now located in the annexation area. In the event any publicly owned facility, building or municipal service is dedicated to and accepted by the City of Corpus Christi, the facility, building or municipal service will be maintained to the same extent and degree that publicly owned facilities, buildings or municipal services of the City of Corpus Christi, Texas are maintained. C= CITY SERVICES PROVIDED THROUGH THE ACQUISITION AND/OR CAPITAL IMPROVEMENT PROCESS WITHIN 2-112 YEARS FROM THE DATE OF ANNEXATION 1. Police Protection No capital improvements are necessary at this time to provide police protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services No capital improvements are necessary at this time to provide fire protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 3. Water and Wastewater Facilities The City Council of the City of Corpus Christi, Texas, finds and determines that water mains and wastewater collection lines exist within city limits which may be extended to provide service within the area to be annexed pursuant to the City's standard service extension policies now in existence or as may be amended by the City Council. C:~(H)Leg.cpy\DoyieDCurtis.cpy\14Nov01 ~cpy\D~y~eD~urtis~YD~CS~2~1\P&Z~RD~1~Annexati~n~rd\DD~2~1~Area~Padre~s~J~nes&~a~ter~rd~d~c EXHIBIT D Page 14of14 4. Street Extensions and Street Lighting New development will be required pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Corpus Christi, Texas, for a properly dedicated street. Upon the effective date of annexation of the proposed area, the City of Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility franchise company, will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use and population density within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of lighting for roads and streets which are properly dedicated to and accepted by the City of Corpus Christi will be consistent with the maintenance provided by the City to other roads and streets in areas of topography, land use and population density similar to the annexed property. D, SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality to service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. C:\(H) Leg.cpy~DoyleDCurtis.cpy~14Nov01 .cpy~DoyleDCurtis~lYDOCS~00 I~P&ZORD0 l~Annexation.ord~DDC200 l~AreaC.Padrelsi.Jones&Walter.ord.doc Page I of 12 AN ORDINANCE ANNEXING AREA D, A 919,17 ACRE AREA IN THE VICINITY OF MUSTANG ISLAND, SOUTHEAST OF THE CORPUS CHRISTI SHIP CHANNEL, BETWEEN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI AND THE WEST CITY LIMITS OF THE CITY OF PORT ARANSAS, CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR A SERVICE PLAN FOR THE ANNEXED AREA OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex to the City a Tract herein called Area D which contains 919.17 acres, more or less, of land In the vicinity of Mustang Island, and southeast of the Corpus Christi ship channel, between the city limits of the City of Corpus Christi and city limits of the City of Port Aransas, Nueces County, Texas; WHEREAS, on October 16th, 2001, a public hearing was held by the City Council, during a regularly scheduled City Council meeting held in the Council Chambers, at City Hall, in the City of Corpus Christi; and on October 22nd, 2001, a second public hearing was held by the City Council, during a special scheduled City Council meeting held in the Grand Ball Room of the Port Royal Ocean Resort on Mustang Island which is within another area also proposed for annexation; WHEREAS, before each hearing, the City published in a newspaper of general circulation in the City of Corpus Christi, and posted on the City's internet website, a notice of each hearing; and each hearing was held for the consideration of annexation proceedings and the service plan for the defined lands and territory; and during each hearing all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at the public hearings on October 16th and October 22nd, 2001; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; C:~(H) Leg.cpy\DoyleOCu rtis,cpy\14Nov01 ,cpy~DoyleDC urtisWIYDOCS~200 I\P&ZORD0 l~An nexation.ord\DDC200 l~AreaD.Mustanglsl.ord.doc Page 2 of 12 WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an Area herein called Area D, a 919.17 Acre Tract, more or less, out of the Issac W. Boone survey, A-43, the Edward Hall survey, A-160, the Wm. Little survey, A-214, and out of state tracts No. 330, 480, 483, 484, and 485, located southeast of the Corpus Christi ship channel, between the city limits of the City of Corpus Christi and city limits of the City of Port Aransas, Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integlal part of the City of Corpus Christi. The Area is also described by metes and bounds in Exhibit A and by a map in Exhibit B attached to this ordinance and which are incorporated herein by reference. SECTION 2. That there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit C of this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that the services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with topography, land uses and population densities similar to those reasonably contemplated or projected in the area annexed. SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to al! inte. nts and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the C:~(H)Leg.cpy\DoyleDC urtL~.cpy\14Nov01 .cpy~DoyleDCurtis~MYDOCS~001~P&ZORD01~Annexation.orcl~DDC200 l~AreaD.Mustanglsl.ord.doc Page 3 of 12 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. This ordinance goes into effect at 12:01 A. M., December 31, 2001. C:~(H)Leg.cpy~DoyleDCu rtis.cpy\l 4Nov01 .cpy~DoyleDC urtis~MYDOCS~200 l\P&ZORD01~Annexation.ord\DDC2001~AreaD.Mustanglsl.ord.doc Page 4 of 12 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 20th day of November, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett VVilliam Kelly That the foregoing ordinance was read for the second time and passed finally on this the 11th day of December, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the 11th day of December, 2001. ATTEST: Armando Chapa City Secretary Samuel L Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 15, 2001 James R. Bray, Jr., Oity Att ~tr.~ /~ A ~ /Do~'e [~urtis Senior/~sistant City Attorney C:~(H)Leg,cpy\DoyleDC urtis.cpy\14Nov01 ,cpy\DoyleDCurtis'~IYDOCS~200 I\P&ZORD0 l~An nexation.orci\DOC200 l~AreaD.M ustanglsl.ord.doc Page 5 of 12 EXHIBIT A METES AND BOUNDS FOR WATER AREA WEST OF PORT ARANSAS, AREA D 919.17 Acres, more or less, out of the Issac W. Boone survey, A-43, the Edward Hall survey, A-160, the Wm. Little survey, A-214 and out of state tracts No. 330, 480, 483, 484, and 485, located southeast of the Corpus Christi ship channel, between the city limits of the City of Corpus Christi and city limits of the City of Port Aransas, Nueces County, Texas, and more particularly described by metes and bounds as follows; BEGINNING AT A POINT, the intersection of the northeast margin of a 100 foot wide waterway designated Piper Channel and the present city limit line of the City of Corpus Christi established by Ord. No. 18153, dated 3-28-84, a line that is both 5000 feet south of and parallel to the centerline of the Corpus Christi ship channel, for a comer in the present city limit line of the city of Corpus Christi, and the northernmost corner of the tract here-in described; THENCE south 12° 24' east along the northeasterly margin of Piper Channel, the present city limit line of the City of Port Aransas established by Ord. No. 85-4, dated 1- 15-85, 1625 feet, more or less, to a bend point, for an inside corner of this tract; THENCE south 55° 21' 20" east continuing along the northeasterly margin of Piper Channel and the city limit line of the City of Port Aransas, 3,483.92 feet, more or less, to a point on the northwest boundary line of the Issac W. Boone survey, A-43, for a point on the northwest margin of Bahia Channel and the easternmost corner of this tract: THENCE south 37° 41' 06" west continuing along the present city limit line of the City of Port Aransas, and with the northwest boundary line of the Issac W. Boone survey, A-43, 2117.07 feet, more or less, to the west corner of Island Moorings unit 5, for an inside corner of this tract; THENCE south 55° 21' 20" east continuing along the present city limit line of the City of Port Aransas, the southwest boundary line of said Island Moorings unit 5, 1091.46 feet, more or less, to a point, for an easterly outside corner of this tract; THENCE south 36° 10' 10" west continuing along the present city limit of the city of Port Aransas, 3,852.78 feet, more or less, to a point, for a southeasterly outside corner of this tract: THENCE north 53° 49' 50" west, continuing along the present city limit line of the City of Port Aransas; 450.00 feet, more or less, to a point on southeast boundary line of the Wm. Little survey, A-214, for a southerly inside corner of this tract; C:~(H)Leg.cpy\DoyleDCurtis.cpy\14Nov01 .cpy~DoyleDCurtis~lYDOCS~200 I~P&ZORD0 l~An nexation.ord~)OC200 l~AreaD.Mustanglsl.ord.doc Page 6 of 12 EXHIBIT A (CONTINUED) THENCE south 37° 41' 06" west, along the southeast boundary line of said Wm. Little survey, A-214, 870.00 feet, more or less, to its south corner there-of, for a corner in the present city limit line of the City of Corpus Christi established by Ord. No. 20039, dated 10-27-87, and the southernmost corner of this tract, THENCE northwesterly along the present city limit line of the City of Corpus Christi, the southwest boundary line of the Wm. Little survey, A-214, to its west corner thereof, for a corner in said present city limit line and a westerly outside corner of this tract; THENCE northeasterly continuing along the present city limit line of the City of Corpus Christi, the northwest boundary line of the Wm. Little survey, A-214, to its intersection with the line common to state tracts No. 330, 484 and 485, and state tracts No. 347, 384, and 385, for a corner in said present city limit line and an inside corner of this tract; THENCE northwesterly along said common line. continuing with the present city limit line of the City of Corpus Christi, to a point on a line that is both 5000 feet south of and parallel to the centerline of the Corpus Christi ship channel, for a corner in the present city limit line of the City of Corpus Christi, and the westernmost corner of this tract; THENCE southeasterly continuing along the present city limit line of the City of Corpus Christi, a line that is both 5000 feet south of and parallel the centerline of the Corpus Christi ship channel, to its intersection with the northeasterly margin of 100 foot wide Piper Channel, for the POINT OF BEGINNING. H:\PLN~D~R\SHARED\~RD~ANNEX~ANNExAT1~N2~1~ANNExATI~NMETESAN~B~UND~METESANDB~UND~AREA D.DOC11/07/0112:42PM C:\(H) Leg.cpy\DoyleDCurtis.cpy\14Nov01 .cpy\DoyleDCurtis~MYOOCS~00 I\P&ZORD0 l~Annexation.ord\DDC200 l~AreaD.Mustangtsl.ord.doc EXHIBIT B ~¢ ~ or ~2 ARANSAS PASS INGLESIDE o°~' LAGUNA ~.,r MADRE 919.17 CORPUS CHRISTI BAY ~WATER EXCHANGE PASS i 2000 ANNEXATION PROGRAM CITY OF CORPUS CHRISTI ANNEXATI'ON AREA "D" GULF OF /MEXICO / C:~(H)Leg.cpy~DoyleDCurUs,cpy\14Nov01 .cpy~DoyleDC u rtis~tYDOCS~00 I\P&ZORD0 l~Annexation.ord~DDC200 l~AreaD,M ustanglsl.ord.doc EXHIBIT C ~,~,g~ ~ of~2 Service Plan for Bay and Gulf Water Areas D and E C:~(H )Leg.cpy~DoyleDCurtis.cpy~14Nov01 .cpy\DoyleDCurtis~V~YDOCS~2O0 I~P&ZORD0 l~Annexation,ord~DDC200 l~AreaD.M ustanglsl.ord.doc EXHIBIT C Page 9 of 12 Attachment V: Service Plan for Bay and Gulf Water Areas D and E INTRODUCTION The City Council of the City of Corpus Christi, Texas, finds and determines that this Service Plan will not provide any fewer services or a lower level of service in the annexation areas than were in existence in the annexation areas at the time immediately preceding the annexation process. The service plan will provide the annexed areas with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other part of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Upon annexation of Area D and Area E, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. Owners and/or developers of properties in the annexation areas must comply with State taw as well as City zoning, platting, building code, flood hazard prevention and all other code requirements. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION 1. Police Protection The City of Corpus Christi, Texas, and its Police Department will provide police protection to the newly annexed areas at the same level of service now being provided to areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services The City of Corpus Christi, Texas, and its Fire Department will provide fire protection and ambulance service to the newly annexed tract at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. 3. Solid Waste Collection After the effective date of annexation the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third party contract. 4. Operation and Maintenance of Water and Waste Water Facilities Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to he maintained by C:~(H) Leg,cpy~DoyleDC urlis.cpyH 4Nov01 .cpy~DoyleDC urtisWlYDOCS~00 I~P&ZORD01~An nexation.ord\DDC200 l~AreaD.M ustanglsl.ord.doc EXHI BIT C Page or the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be the property of another municipality or other entities after the annexation shall continue to be maintained by the municipality or entity. Existing water line mains at their current locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. Individual septic systems are not permitted in the annexation areas and will not be approved by the City/County Health Department or by the Texas Natural Resources Conservation Commission. Regarding existing residences served by private sewage septic systems, the City does not maintain private sewage septic systems. 5. Operations and Maintenance of Roads and Streets The City will maintain public streets over which the City has jurisdiction. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. The Traffic Engineering Division of the Engineering Services Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re-striped and remarked and signage replaced as needed. 6. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and City's acceptance of the park. In the event any parks, playgrounds or swimming pools do exist, and such parks, playgrounds or public swimming pools are accepted as City ovmed public facilities by the City of Corpus Christi, Texas, they will be maintained to the same extent and degree that parks, playgrounds and swimming pools and other similar areas of the City of Corpus Christi, Texas are maintained. 7. Operation and Maintenance of Any Publicly Owned Facility, Building or Municipal Service The City Council of the City of Corpus Christi, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service now located in the annexation area. In the event any publicly owned facility, building or municipal service is dedicated to and accepted by the City of Corpus Christi, C:~(H)Leg.cpy\DoyleDCurtis.cpy\14Nov01 .cpy\DoyleDCurIis\MYDOCS~200 I\P&ZORD0 l~An nexation.ord\DDC200 l~AreaD.Mustanglsl.ord.doc EXHIBIT C Page the facility, building or municipal service will be maintained to the same extent and degree that publicly owned facilities, buildings or municipal services of the City of Corpus Christi, Texas are maintained. C. CITY SERVICES PROVIDED THROUGH THE ACQUISITION AND/OR CAPITAL IMPROVEMENT PROCESS WITHIN 2-112 YEARS FROM THE DATE OF ANNEXATION 1. Police Protection No capital improvements are necessary at this time to provide police protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services No capital improvements are necessary at this time to provide fire protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 3. Water and Wastewater Facilities The City Council of the City of Corpus Christi, Texas, finds and determines that water mains and wastewater collection lines exist within city limits which may be extended to provide service within the area to be annexed pursuant to the City's standard service extension policies now in existence or as may be amended by the City Council. Street Extensions and Street Lighting New development will be required pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Corpus Christi, Texas, for a properly dedicated street. Upon the effective date of annexation of the proposed area, the City of Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility franchise company, will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use and population C:\(H) Leg.cpy\DoyleDCu rtis.cpy\14Nov01 .cpy\DoyleDCu rtis~lYDOCS~200 I\P&ZORD0 l~Annexation,ord~DDC200 l~AreaD,M ustanglst,ord,doc EXHIBIT C Page 12of12 density within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of lighting for roads and streets which are properly dedicated to and accepted by the City of Corpus Christi will be consistent with the maintenance provided by the City to other roads and streets in areas of topography, land use and population density similar to the annexed property. D. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality to service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. C:~(H)Leg.cpy\DoyieDCu rtis.cpyH 4Nov01 .cpy'~DoyleDC u rfis'4~4YOOCS~200 I~P&ZORD0 l~Annexation.ord~DDC200 l~AreaD.Mustangtsl,ord.doc Page 1 of 12 AN ORDINANCE ANNEXING AREA E, GULF OF MEXICO WATER AREA EAST OF PORT ARANSAS AND ARANSAS PASS CONTAINING 13,128.45 ACRES OF WATER AREA, MORE OR LESS, ADJACENT TO MUSTANG ISLAND AND PARTLY IN NUECES COUNTY, TEXAS AND PARTLY IN ARANSAS COUNTY, TEXAS, AND CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR A SERVICE PLAN FOR THE ANNEXED AREA OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE CITY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Christi desires to annex to the City a Tract herein called Area E which contains 13,128.45 acres of water area, more or less, and land In the vicinity of Mustang Island, the Corpus Christi ship channel, and San Jose Island and which is contiguous to the city limits of the City of Corpus Christi, Nueces County, Texas; WHEREAS, on October 16th, 2001, a public hearing was held by the City Council, during a regularly scheduled City Council meeting held in the Council Chambers, at City Hall, in the City of Corpus Christi; and on October 22nd, 2001, a second public hearing was held by the City Council, during a special scheduled City Council meeting held in the Grand Ball Room of the Port Royal Ocean Resort on Mustang Island which is within another area also proposed for annexation; WHEREAS, before each hearing, the City published in a newspaper of general cimulation in the City of Corpus Christi, and posted on the City's internet website, a notice of each hearing; and each hearing was held for the consideration of annexation proceedings and the service plan for the defined lands and territory; and during each hearing all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at the public hearings on October 16th and October 22nd, 2001; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; Page 2 of 12 WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an Area herein called Area E, a 13,128.45 acre tract of water area, more or less, consisting of all or part of state tracts No. 721,747, 832, 839, 840, 841, 842,843, 844, 845, 846, 847, 848, 849, 850, 851,852, 853, 854, 855, 857, 858, 859, 860, 862, 863, 864, 869, and 870, and being partly in Nueces County, Texas and partly in Aransas County, Texas, in the Gulf of Mexico and located northeast of the City of Port Aransas and contiguous to the present city limit line of the City of Corpus Christi, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The Area is also described by metes and bounds in Exhibit A and by a map in Exhibit B attached to this ordinance and which are incorporated herein by reference. SECTION 2. That there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit C of this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that the services are in existence in the area annexed immediately preceding the date of annexation or that are other-wise available in other parts of the city with topography, land uses and population densities similar to those reasonably contemplated or projected in the area annexed. SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Christi, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as par~ of the City of Corpus Christi, Texas. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the Page 3 of 12 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. SE~CTION ?'. This ordinance goes into effect at 12:01 A. M., December 31, 2001. Page 4 of 12 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 20th day of November, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly That the foregoing ordinance was read for the second time and passed finally On this the 11th day of December, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Sco~ff PASSED AND APPROVED, this the 11th day of December, 2001. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 15, 2001 James R. Bray, Jr., By: Doyle Senior/~sistant City Attorney Page 5 of 12 EXHIBIT A METES AND BOUNDS FOR AREA E, GULF AREA EAST OF PORT ARANSAS AND ARANSAS PASS AND CONTIGUOUS TO CORPUS CHRIST, 13,128.45 acres of water area, more or less, consisting of all or part of state tracts No. 721,747, 832, 839, 840, 841,842, 843, 844, 845, 846, 847, 848, 849, 850, 851,852, 853, 854; 855, 857, 858, 859, 860, 862, 863, 864, 869, and 870, which lies partly in Nueces County, Texas and partly in Aransas County, Texas, in the Gulf of Mexico and is located northeast of the City of Port Aransas and contiguous to the present city limit line of the City of Corpus Christi, and is more particularly described as follows; COMMENCING at point "B" of a "Base" (straight line) established by annexation Ordinance No. 15415, dated 3-19-80 said point "B" being the intersection of the one-half mile extra- territorial jurisdiction limit line of the City of Port Aransas and the city limit line of the City of Corpus Christi on the shoreline of the Gulf of Mexico and Point "A" being the intersection of the northeasterly boundary line of the Padre Island National Seashore Park and the city limit line of the City of Corpus Christi on the shoreline of the Gulf of Mexico; THENCE southeasterly leaving said point "B" along a line at right angles to the aforementioned "Base" line, to a point, its intersection with a line that is two (2) miles southeast of and parallel to the shoreline of the Gulf of Mexico, for a comer in the present city limit line of the City of Corpus Christi and the point of beginning of the tract here-in described; THENCE northeasterly along the present city limit line of the City of Corpus Christi, a line established by Ordinance No. 15415, dated 3-19-80, that is two (2) miles southeast of and parallel to the shoreline of the Gulf of Mexico, to its intersection with an arc to the left, whose radius = 5 miles and whose center point is the common comer of state tracts No. 384, 385, 484, and 485, for a comer in the present city limit line of the City of Corpus Christi and an inside comer of this tract; THENCE northwesterly continuing along the present city limit line of the City of Corpus Christi, the same being said arc to the left, to its intersection with the present one-half mile extra- territorial jurisdiction limit line of the City of Port Aransas, for a point, and a comer of this tract; THENCE continuing northwesterly along said one-half mile extra-territorial jurisdiction limit line of the City of Port Aransas, to it intersection with the shoreline of the Gulf of Mexico side of San Jose Island, for a comer of this tract; Page 6 of 12 H:\PLN-DIR\SHARED\WORD~ANN EX, ANN EXATION2001V~.NNEXATIONMETESAN DBOUN DS~AREAEMETES& BOUNDS.DOC ! 1/07/0113:54PM EXHIBIT A (CONTINUED) THENCE northeasterly along the shoreline of San Jose Island, to its intersection with an arc to the right whose radius = 5 miles, and is drawn from the present city limit line of the City of Corpus Christi established by Ordinance No. 15415, dated 3-19-80, for a point on the present five (5) mile extra-territorial jurisdiction limit line of the City of Corpus Christi and the northernmost comer of this tract; THENCE southeasterly along said arc to the right, the present five (5) mile extra-territorial jurisdiction limit line of the City of Corpus Christi, to its intersection with the northeasterly extension of the southeasterly segment of the present city limit line of the City of Corpus Christi, established by Ordinance No. 20039, dated 10-27-87 and being 3.45 miles southeast of and parallel to the aforementioned "Base" line, for the easternmost comer of this tract; THENCE southwesterly leaving said present five (5) mile extra-territorial jurisdiction limit line of the City of Corpus Christi, to a point on a line extending southeasterly from aforementioned point "B", at right angles to the aforementioned "Base" line, for a comer in the present city limit line of the City of Corp'~ts Christi, as~d the southernmost comer of this tract; THENCE northwesterly along said present city limit line of the City of Corpus Christi, to its intersection with a line that is two (2) miles southeast of and parallel to the shoreline of the Gulf of Mexico, for the POINT OF BEGINSNING. EXHIBIT B ~'ae. 7 of 12 ARANSAS PASS INGLESIDE o°~ LAGUNA MADRE CORPUS CHRISTI BAY ~WAT[R £XCHANGE PASS c O 2000 ANNEXATION PROGRAM CITY OF CORPUS CHRISTI ANNEXATION AREA "E" GULF OF/MEXICO EXHIBIT C ~,~ge s of ~2 Service Plan for Bay and Gulf Water Areas D and E EXHIBIT C Page 9 of 12 Attachment V: Service Plan for Bay and Gulf Water Areas D and E INTRODUCTION The City Council of the City of Corpus Christi, Texas, finds and determines that this Service Plan will not provide any fewer services or a lower level of service in the annexation areas than were in existence in the annexation areas at the time immediately preceding the annexation process. The service plan will provide the annexed areas with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other part of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Upon annexation of Area D and Area E, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. Owners and/or developers of properties in the annexation areas must comply with State law as well as City zoning, platting, building code, flood hazard prevention and all other code requirements. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION 1. Police Protection The City of Corpus Christi, Texas, and its Police Department will provide police protection to the newly annexed areas at the same level of service now being provided to areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services The City of Corpus Christi, Texas, and its Fire Department will provide fire protection and ambulance service to the newly annexed tract at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. 3. Solid Waste Collection After the effective date of annexation the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third party contract. 4. Operation and Maintenance of Water and Waste Water Facilities Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by EXHIBIT C Page 10 of 12 the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities which may be the property of another municipality or other entities after the annexation shall continue to be maintained by the municipality or entity. Existing water line mains at their current locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. Individual septic systems are not permitted in the annexation areas and will not be approved by the City/County Health Department or by the Texas Natural Resoumes Conservation Commission. Regarding existing residences served by private sewage septic systems, the City does not maintain private sewage septic systems. 5. Operations and Maintenance of Roads and Streets The City will maintain public streets over which the City has jurisdiction. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. The Traffic Engineering Division of the Engineering Services Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re-striped and remarked and signage replaced as needed. 6. Operation and Maintenance of Parks, Playgrounds and Swimming Pools Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and City's acceptance of the park. In the event any parks, playgrounds or swimming pools do exist, and such parks, playgrounds or public swimming pools are accepted as City owned public facilities by the City of Corpus Christi, Texas, they will be maintained to the same extent and degree that parks, playgrounds and swimming pools and other similar areas of the City of Corpus Christi, Texas are maintained. 7. Operation and Maintenance of Any Publicly Owned Facility, Building or Municipal Service The City Council of the City of Corpus Christi, Texas, is not aware of the existence of any publicly owned facility, building or other municipal service now located in the annexation area. In the event any publicly owned facility, building or municipal service is dedicated to and accepted by the City of Corpus Christi, EXHIBIT the facility, building or municipal service will be maintained to the same extent and degree that publicly owned facilities, buildings or municipal services of the City of Corpus Christi, Texas are maintained. C. CITY SERVICES PROVIDED THROUGH THE ACQUISITION AND/OR CAPITAL IMPROVEMENT PROCESS WITHIN 2-1/2 YEARS FROM THE DATE OF ANNEXATION 1. Police Protection No capital improvements are necessary at this time to provide police protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services No capital improvements are necessary at this time to provide fire protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 3. Water and Wastewater Facilities The City Council of the City of Corpus Christi, Texas, finds and determines that water mains and wastewater collection lines exist within city limits which may be extended to provide service within the area to be annexed pursuant to the City's standard service extension policies now in existence or as may be amended by the City Council. 4. Street Extensions and Street Lighting New development will be required pursuant to the ordinances of the City of Corpus Christi, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Corpus Christi, Texas, for a properly dedicated street. Upon the effective date of annexation of the proposed area, the City of Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility franchise company, will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use and population EXHIBIT C P g. 12of12 density within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of lighting for roads and streets which are properly dedicated to and accepted by the City of Corpus Christi will be consistent with the maintenance provided by the City to other roads and streets in areas of topography, land use and population density similar to the annexed property. D. SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality to service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Page 1 of 16 AN ORDINANCE ANNEXING MUSTANG ISLAND AREA F, TRACTS 3A, 3B, 4, AND 5 LOCATED BETWEEN MUSTANG ISLAND STATE PARK AND THE CITY OF PORT ARANSAS AND CONTIGUOUS TO THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR A SERVICE PLAN FOR THE ANNEXED AREA OF LAND; PROVIDING THAT THE OWNERS AND INHABITANTS ARE ENTITLED TO ALL RIGHTS, PRIVILEGES, AND BURDENS OF OTHER CITIZENS AND PROPERTY OWNERS OF THE cl'rY OF CORPUS CHRISTI AND ARE SUBJECT TO AND BOUND BY THE CITY CHARTER, ORDINANCES, RESOLUTIONS, AND RULES; PROVIDING FOR AMENDMENT OF THE OFFICIAL MAPS OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Corpus Chdsti desires to annex to the City Tracts 3A, 3B, 4, and 5 in Area F, located between Mustang Island State Park and the City of Port Aransas and contiguous to the city limits of the City of Corpus Christi which contain 718 acres, more or less, of land between the city limits of the City of Corpus Christi and city limits of the City of Port Aransas, Nueces County, Texas; WHEREAS, on October 16th, 2001, a public hearing was held by the City Council, during a regularly scheduled City Council meeting held in the Council Chambers, at City Hall, in the City of Corpus Christi; and on October 22nd, 2001, a second public hearing was held by the City Council, during a special scheduled City Council meeting held in the Grand Ball Room of the Port Royal Ocean Resort on Mustang Island which is within the area proposed for annexation; WHEREAS, before each hearing, the City published in a newspaper of general circulation in the City of Corpus Christi, and posted on the City's internet website, a notice of each hearing; and each hearing was held for the consideration of annexation proceedings and the service plan for the defined lands and territory; and during each hearing all persons interested in the annexations were allowed to appear and be heard; WHEREAS, a service plan for the area proposed to be annexed was made available for public inspection and explained at the public hearings on October 16~h and October 22nd, 2001; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, it has been determined by the City Council that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; and Page 2 of 16 WHEREAS, it has been determined that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an Area herein called Area F, Tracts 3A, 3B, 4, and 5 located between Mustang Island State Park and the City of Port Aransas and contiguous to the city limits of the City of Corpus Christi which contains 718 acres, more or less, of land between the city limits of the City of Corpus Christi and city limits of the City of Port Aransas, Nueces County, Texas, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. The Area is also described by metes and bounds in Exhibits A through D and by a map in Exhibit E attached to this ordinance and which are incorporated herein by reference. SECTION 2. That there is approved, as part of this annexation ordinance, a service plan. The service plan, in Exhibit F of this ordinance, is incorporated into and made a part of this ordinance. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that the services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with topography, land uses arid population densities similar to those reasonably contemplated or projected in the area annexed. SECTION 3. That the owners and inhabitants of the tracts or parcels of land annexed by this ordinance are entitled to all the rights, privileges, and burdens of other citizens and property owners of the City of Corpus Chdsti, and are subject to and bound by the City Charter of the City of Corpus Christi, and the ordinances, resolutions, motions, laws, rules and regulations of the City of Corpus Christi and to all intents and purposes as the present owners and inhabitants of the City of Corpus Christi are subject. SECTION 4. That the official map and boundaries of the City and its extraterritorial jurisdiction, previously adopted and amended, are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 5. That the City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City and its extra territorial jurisdiction to add the territory annexed as required by law. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of the ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. This ordinance goes into effect at 12:01 A. M., December 31,2001. Page 3 of 16 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 20th day of November, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett William Kelly That the foregoing ordinance was read for the second time and passed finally on this the 11th day of December, 2001, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott PASSED AND APPROVED, this the 11th day of December, 2001. AFl'EST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi APPROVED AS TO LEGAL FORM November 15, 2001 James R. Bray, Jr., City Attorney By: Doyle D. Curtis Senior Assistant City Attorney EXHIBIT A Page 4 of 16 EXHIBIT A METES AND BOUNDS FOR MUSTANG ISLAND NORTH OF MUSTANG ISLAND STATE PARK AREA F, TRACT 3A 143 ACRES, more or less, consisting of all or part of the James M. Waterbury survey, A-408, La Concha Subdivision, the Mayan Prince Condo and the Admirals Row condo, located on Mustang Island between S.H. 361 and the Gulf of Mexico and approximately 1 mile northeast of the northeast boundary line of Mustang Island State Park, surrounded by the present city limits of the City of Corpus Christi and more particularly described as follows; BEGINNING at a point, the intersection of the northwest right-of-way line of S.H. 361 and the westedy extension of the southwest boundary line of a 9.28 acre tract, more or less, now or formerly owned by Facey Enterprises, described in volume 2177, page 135, of the Nueces County, Texas, deed records, for the west corner of the tract here-in described; THENCE northeasterly along the northwest right-of-way line of S.H. 361, to a point, its intersection with the northwesterly extension of the southwest boundary line of a 3.50 acre tract, more or less, now or formedy owned by the City of Corpus Christi, described in Document No. 1999012218, of the Nueces County, Texas, deed records, for the north corner of this tract; THENCE southeasterly crossing S.H. 361 with the southwest boundary line of said 3.50 acre tract, its curves and its angles and with its southeasterly extension, to a point, its intersection with the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, for the east corner of this tract; THENCE southwesterly along said line at 1.37 feet above mean sea level, and its meanders, to a point, its intersection with the southeasterly extension of the southwest boundary line of a 51.68 acre tract, more or less, now or formerly owned by Facey Enterprises, described in volume 2104, page 251, Nueces County, Texas, deed records, for the south corner of this tract; THENCE northwesterly with the southwest boundary line of said 51.68 acre tract, to a point, its intersection with the southeast boundary line of the aforementioned 9.28 acre tract, for an inside corner of this tract; THENCE southwesterly along the southeast boundary line of said 9.28 acre tract, to a point, its south corner thereof and an outside comer of this tract; THENCE westedy along the southwest boundary line of said 9.28 acre tract and its westerly extension, to a point on the northwest right of way line of S.H. 361 for the POINT OF BEGINNING. \\CITYHALL02~USERS~:)LN'DIR\SHARE D\WORD~ANN EXSAN N EXATION200 I~AN N EXATIO N METESANDBOU N DS~AREA F TRACT 3A METES & SOUNDS.DOC EXHIBIT B Page 5 of 16 EXHIBIT B METES AND BOUNDS FOR MUSTANG ISLAND NORTH OF MUSTANG ISLAND STATE PARK AREA F, TRACT 3B 77 Acres, more or less, consisting of all or part of the James M. Waterberry survey, A- 408 and Sunrise Shores subdivision, located approximately 8800 feet northeast of the northeast boundary line of Mustang Island State Park, between S.H. 361 and the Gulf of Mexico and more particularly described as follows; BEGINNING at a point, on the present city limit line of the City of Corpus Chdsti, established by Ordinance No. 023890, dated 12-21-99, the same being the point of intersection between the northwest right of way line of S.H. 361 and the northwesterly extension of the northeast boundary line of a 3.5 acre tract, more or less, now or formerly owned by the City of Corpus Christi, described in Document No. 1999012218, Nueces County, Texas deed records, for the west corner of the tract here-in described; THENCE northeasterly along the northwest right of way of S.H. 361, the present city limit line of the City of Corpus Christi, to a point, its intersection with the northwesterly extension of the northeast boundary line of a 20 acre tract, more or less, now or formerly owned by Martin A. Allen, et ux, described in Volume 2228, page 967, Nueces County, Texas, deed records, for the north corner of this tract; THENCE southeasterly leaving the present city limit line of the City of Corpus Christi and crossing S.H. 361, with the northeast boundary line of said 20 acre tract and its extensions, to a point on the present city limit line of the City of Corpus Christi, established by Ordinance No. 015415, dated 3-19-80, the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, for the east corner of this tract; THENCE southwesterly along the meanders of said present city limit line of the City of Corpus Christi, to a point, its intersection with the southeasterly extension of the northeast boundary line of the aforementioned 3.5 acre tract now or formerly owned by the City of Corpus Christi, for the south corner of this tract; THENCE northwesterly with the northeast boundary line of said 3.5 acres tract and its extensions, crossing S.H. 361 to a point on the present city limit line of the City of Corpus Christi, and the northwest right of way line of said S.H. 361, for the POINT OF BEGINNING. \\H:\P LN -DIR\S HARED\WO RD~AN NEX~,N N EXATION200 I~AREAFTRACT3B METESAN DBOU N DS.DOC EXHIBIT C Page 6 of 16 EXHIBIT C METES AND BOUNDS FOR MUSTANG ISLAND NORTH OF MUSTANG ISLAND STATE PARK AREA F, TRACT 4 207 acres, more or less, consisting of all or parts of the James M. Waterbury survey, A- 408, Mustang Island section 2, Lost Colony Condos, Sand Piper Condo, and Sea Gull Condo, located approximately 10,400 feet northeast of the northeast boundary line of Mustang Island State Park, between S.H. 361 and the Gulf of Mexico and more particularly described as follows; BEGINNING at a point on the present city limit line of the City of Corpus Chdsti established by Ordinance No. 023890, dated 12-21-99, the intersection of the northwest dght of way line of S.H. 361 and the northwesterly extension of the northeast boundary line of a 20 acre tract, more or less, now or formedy owned by Martin A. Allen et ux, described in volume 2228, page 967, Nueces County, Texas, deed records, for the west corner of the tract here-in described; THENCE northeasterly along the northwest right of way line of S.H. 361, the present city limit line of the City of Corpus Chdsti, to a point, its intersection with the northwesterly extension of the southwest boundary line of Lot 40C, Block 1, Mustang Island Section 2, shown on plat of record in Volume 54, page 151, Nueces County, Texas, map records for the north corner of this tract; THENCE southeasterly leaving the present city limit line of the City of Corpus Christi, crossing S. H. 361, along the southwest boundary line of said lot 40C, Block 1, Mustang Island Section 2, and its extensions, curves and angles, to a point on the present city limit line of the City of Corpus Christi established by Ordinance No. 015415, dated 3-19- 80, for the east comer of this tract; THENCE southwesterly along the meanders of the present city limit line of the City ot Corpus Christi, the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, to a point, its intersection with the southeasterly extension of the northeast boundary line of the aforementioned 20 acre tract now or formedy owned by Martin A. Allen, et ux, for the south corner of this tract; THENCE northwesterly with the northeast boundary line of said 20 acre tract now or formerly owned by Martin A. Allen, et ux, and its extensions, crossing S.H. 361, to a point on the northwest right of way line of S.H. 361, the present city limit line of the City of Corpus Christi, for the POINT OF BEGINNING. \\CITYHALL02~USERS\PLN-DIR\SHARED\WO RD~ANN EXSANNEXATION200 I~AN NEXATIONMETESANDBOU N DS~AREA F4METESANDBOUNDS.DOC EXHIBIT D Page 7 of 16 EXHIBIT D METES AND BOUNDS FOR MUSTANG ISLAND NORTH OF MUSTANG ISLAND STATE PARK AREA F, TRACT 5 291 acres, more or less, consisting of all or parts of Mustang Island Section 2, the Port Royal by the Sea Condo, Mustang Island Beach Club, The Mustang Towers Condo, The Gulf Shores Condo, and Mariners Watch subdivision, located Southwest of and adjacent to the present city limit line of the City of Port Aransas, and between S.H. 361 and the Gulf of Mexico and more particularly described as follows; BEGINNING at a point on the present city limit of the City of Corpus Christi, established by Ordinance No. 023890, dated 12-21-99, the intersection of the northwest dght of way line of S.H. 361 and northwesterly extension of the southwest boundary line of Lot 40C, Block 1, Mustang Island Section 2, shown on plat of record in volume 54, page 151, Nueces County, Texas, map records, for the west corner of the tract here-in described; THENCE northeasterly along the present city limit line of the City of Corpus Christi, the northwest right of way line of S.H. 361, to its intersection with the common line between the William Little survey, A-211 and the William Little survey, A-212, for a point on the present city limit line of the City of Port Aransas, established by Ordinance No. 91-6, dated 4-8-91, and the north corner of this tract; THENCE southeasterly along the present city limit line of the City of Port Aransas, to a point, its intersection with the centerline of 120 foot wide S.H. 361, for a corner on the present city limit line of the City of Port Aransas and an outside corner of this tract; THENCE southwesterly along the centerline of said S.H. 361, continuing along the present city limit line of the City of Port Aransas, a distance of 14.00 feet, more or less, for a comer there of and an inside corner of this tract; THENCE southeasterly along a line that is 14.00 feet, more or less, southwest of and parallel to the common line between the William Little survey, A-211 and the William Little survey, A-212, continuing with the present city limit line of the City of Port Aransas and its southeasterly extension, to a point, its intersection with the present city limit line of the City of Corpus Christi, established by Ordinance No. 015415, dated 3-19-80, for the east corner of this tract; THENCE southwesterly along the meanders of the present city limit line of the City of Corpus Christi, the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island with elevation based on U.S.C. and G.S. datum of 1929, to point, its intersection with the southeasterly extension of the southwest boundary line of aforementioned Lot 40C, Block 1, Mustang Island Section 2, for the south corner of this tract; H:\PLN-DIR\SHARE D\WORD~ANNEX~ANN EXATION2001LAN NEXATIO N METESAN DBOU N DS~AREAFTRACTSMETESAND BOUNDS.DOC11/15/0112:49 PM rT EXHIBIT D Page 8 of 16 THENCE northwesterly leaving the present city limit line of the city of Corpus Christi along the southwest boundary line of said 40C, Block 1, Mustang Island section 2, its extensions, curves and angles, crossing S.H. 361, to a point on the northwest right of way line of said S.H. 361 and the present city limit line of the City of Corpus Christi, for the POINT OF BEGINNING. H:\PLN-DIR\S HARED\WORD~ANNEX~AN N EXATION200 I~ANNEXATION MFTESANDBOUN DS~AREAFTRACTSMETESAND BOUNDS.DOC11/15/0112:49 PM EXHIBIT E Page 9 of 16 ARANSAS PASS INGLESiDE LAGUNA ~s~° MADRE CORPUS CHRISTI BAY TR'5' ~Ac. ~" TR. 4, 207 Ac. ~" TR. 3E~ 77 Ac. {'TR. aA 143 Ac. ~WATER EXCHANGE PASS C © 2000 ANNEXATION PROGRAM CITY OF CORPUS CHRISTI ANNEXATION AREA "F' GULF OF/MEXICO EXHIBIT F Page 10 of 16 Service Plan for Mustang Island Area F EXHIBIT F Page 11 of 16 Attachment VI: Service Plan for Mustang Island Area F INTRODUCTION The City Council of the City of Corpus Christi, Texas, finds and determines that this Service Plan will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service plan will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. It is the intent of the City of Corpus Chdsti to maintain an agreement with the Nueces County Water Control & Improvement District ~4 (NCWCID#4) to allow the District to continue providing water and wastewater services to the existing and future residents of area "F". As part of the agreement, the NCWCID#4 will continue maintenance responsibilities of existing water and wastewater service lines, as well as any future water and wastewater infrastructure constructed within the area. Upon annexation of Area F, the City of Corpus Christi will provide city services by any of the methods by which it extends the services to any other area of the city. After Annexation new development must comply with State law and City Zoning, Platting, Building Code, Flood Hazard Prevention and all other code requirements. CITY SERVICES TO BE PROVIDED IMMEDIATELY UPON ANNEXATION 1. Police Protection The Corpus Christi Police Department (CCPD) will provide police protection and law enforcement services in the annexation area, commencing on the effective date of annexation. These services include: Normal patrols and responses; · Handling of complaints and incident reports; · Special units, such as traffic enforcement, criminal investigations, narcotics, gang suppression, and special weapons and tactics team. The area will be included in a patrol distdct that will receive 24-hour patrol coverage. CCPD will provide primary patrol services with regularly scheduled officers. Currently, officers who patrol this area will begin and end their shifts at the Padre Island Assembly Point at Fire Station #15 located at 1402 Commodore Drive. EXHIBIT F Page 12 of 16 2. Fire Protection/Emergency Medical Services The City of Corpus Christi, Texas, and its Fire Department will provide fire protection and emergency medical service to the newly annexed tract, commencing on the effective date of the annexation, at the same level of service now being provided to other areas of the City of Corpus Christi, Texas, with similar topography, land use and population density. These services include: · Fire suppression and rescue; · Emergency medical services; · Hazardous materials mitigation and regulation; · Emergency prevention and public education efforts; · Water rescue; · Technical rescue; · Construction plan review; · Inspections; · Emergency management planning; · Rescue / hazardous materials unit. Fire Department services are provided, on a citywide basis, by 395 employees operating from 15 emergency fire stations and other non-emergency sites. The Texas Commission on Fire Protection certifies all Corpus Christi Firefighters. Upon annexation the Corpus Christi Fire Department (CCFD) will provide service from Fire Station #15 located at 1402 Commodore Drive. Fire Station #15 has five firefighter personnel on duty 24 hours a day. Three fireflghters are assigned to fire suppression and two firefighters are available for emergency medical response. Every Fire Unit is manned with at least one certified Emergency Medical Technician and every medical unit is manned with at least one Certified Emergency Medical Technician and one Certified Paramedic. If Station #15 is unavailable, CCFD will provide service from Station # 13 in Flour Bluff. All pumper, ladder trucks, and rescue units carry Automatic External Defibrillators for use with heart attack victims. The citizens of Corpus Christi approved a bond program in 2000 to finance a new public safety facility on Mustang Island. The City Engineering Services Department is currently designing a modular fire station facility. Staff has received preliminary staff approval from the Texas Parks and Wildlife Department to place the fire station on 2 acres of parkland at the north end of Mustang Island State Park. The City's request for use of the 2 acres is on the Texas Parks and Wildlife Board November 2001 agenda. With Texas Parks and Wildlife approval the new fire station will be operational within 2 ¼ years or sooner from the effective date of annexation. See Section C Item 2 - Capital Improvements of this Service Plan. EXHIBIT F Page 13 of 16 3. Solid Waste Collection After the effective date of annexation the City of Corpus Christi will provide solid waste services to single family residential customers directly or indirectly through a third party contract. Services currently provided by the City for single-family residences include: · Garbage collection; · Recycling collection - curbside recycling collection for residential customers; materials collected include newspaper, "junk mail," tin and aluminum can, glass bottles and jars, plastic bottles; · Brush pick up; and · Large and bulky material pickup. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial establishments. 4. Operation and Maintenance of Water and Waste Water Facilities Nueces County Water Control and Improvement District #-4 (NCWID #4) currently prqvides water and wastewater service to Area F and will continue to do so after annexation by the City of Corpus Christi. NCWID #4 is certified by the State of Texas to provide water and wastewater service to Area F. The NCWID #4 purchases water for its customers from the City of Corpus Christi and San Patricio County Municipal Water District. The City of Corpus Christi is also the raw water supplier for the San Patricio Countv Municipal Water District. In addition, the City of Corpus Chdsti's contract to sell water to NCWCID fi4 indicates that the district will provide water service to areas north of Mustanq Island State Park and maintain all existinq and future service lines. The City of Corpus Christi has no current plans to extend water and wastewater service into the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity, such as NCWID#41 will sh~!! not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The existing water line mains at their existing locations shall be available for point of use extension based upon the current r-;,,,,. NCWlD#4 standard water extension policies now existing or as may be amended. Individual septic systems are-Ret-may be permitted in the annexationarea~ ......... ""'~ '";",""*,... ~-'- EXHIBIT F Page 14 of 16 ..,.,. ..... if approved by the City/County Health Department or by the Texas Natural Resources Conservation Commission. Regarding existing residences served by on site sewaqe facilities,....~...'-""~+ ............ ~...._=v ~v,...~+; ..... ~.~...~,+-'-'-~ the City does not maintain private on site sewaqe facilities ..... =.. ~,. .... , ........ The NCWID-.'~ .....~' ........ *"' ¢"' ~+ ..... + .....¢.,.... +~... r.~,,, ..¢ ~. ...... Christi Water ' I,....~,~;+;.... +~'" City cf ~' ...... Chdcti's """*"""+ tc """ .... +"' tc ~CWC!D #A 5. Operation and Maintenance of Roads and Streets, including Street Lighting The City will maintain public streets over which the City has jurisdiction. Any and all roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, T:~xas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Corpus Christi, Texas, pursuant to the rules, regulations and fees of the utility. Street Department services include: · Emergency pavement repair; and · Maintenance of public streets. Following annexation, public streets for which the city has jurisdiction will be included in the City's preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety of factors, including surface condition, rideability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered on a citywide priority basis. The Traffic Engineering Division of the Engineering Services Department will also provide regulatory signage services in the annexation area. All regulatory signs and signals are installed when warranted following an engineering study. All roadways are re-striped and remarked and signage replaced as needed. EXHIBIT F Page 15 of 16 6. Operation and Maintenance of Beaches After annexation any beach that becomes the responsibility of the City will be cleaned and maintained by the City unless the city contracts with another entity for beach cleaning services. It shall be the responsibility of the City of Corpus Christi to create and enforce plans for the maintenance, preservation and enhancement of public beaches and public beach access. 7. Operation and Maintenance of any Publicly Owned Facility, Building or Municipal Service The City Council of the City of Corpus Christi, Texas, is not aware of the existence of any publicly owned facility, except water and wastewater facilities/services provided by Nueces County Water Control and Improvement District #4, building or other municipal service now located in the annexation area. In the event any publicly owned facility, building or municipal service is dedicated to and accepted by the City of Corpus Christi, the facility, building or municipal service will be maintained to the same extent and degree that publicly owned facilities, buildings or municipal services of the City of Corpus Chdsti, Texas are maintained. CITY SERVICES PROVIDED THROUGH THE ACQUISITION AND/OR CAPITAL IMPROVEMENT PROCESS WITHIN 2-1/2 YEARS FROM THE DATE OF ANNEXATION 1. Police Protection The City Council of the City of Corpus Christi, Texas finds and determines that it is unnecessary to acquire or construct capital improvements within 2 1/2 years of the effective date of the annexation of the annexation area for the purposes of providing police protection. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of police protection and service which is presently being administered to other areas already incorporated in the City of Corpus Christi, Texas, with the same or similar topography, land use and population density. 2. Fire Protection/Emergency Medical Services In 2000, the citizens of Corpus Christi approved a referendum to construct a new public safety facility on Mustang Island. The City of Corpus Christi is negotiating with Texas Parks and Wildlife for a 2-acre site on Mustang Island State Park. Within 2 1/2 years or sooner, from the effective date of annexation, a new public safety facility will be located at or near the north end of Mustang Island State Park. The City will provide all necessary manpower and equipment, including a pumper truck, to equip the fire station. EXHIBIT F Page 16 of 16 3. Water and Waste Water Facilities Nueces County Water Control and Improvement District ~4 (NCWID #4) will provide water and wastewater services to the annexation area for the foreseeable future. 4. Street Lighting and Street Extensions Upon the effective date of annexation of the proposed area, the City of Corpus Christi, Texas, with a cooperative effort of the City's designated electric utility franchise company, will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use and population density within the present corporate limits of the City of Corpus Christi, Texas. Maintenance of street lighting upon dedication to and acceptance by the City of Corpus Chdsti will be consistent with the maintenance provided by the City on other roads and streets in areas of topography, land use and population density similar to the annexed property. New development will be required pursuant to the ordinances of the City of Corpus Chdsti, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specificstions required by the City of Corpus Chdsti, Texas, for a propedy dedicated street. D, SPECIFIC FINDINGS The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. 26 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: (A) Motion adopting the timetable for the FY2002 Consolidated Plan/Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (B) Motion reaffirming Community Development Block Grant Program objectives and guidelines as previously adopted by the City Council on March 22, 1994 (Ordinance No. 21901). REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2002 Consolidated Plan/Annual Action Plan (CP/AAP) and reaffirming Community Development Block Grant (CDBG) Program objectives and guidelines as previously adopted by the City Council. RECOMMENDATION: Staff recommends adoption of the timetable for the FY2002 Consolidated Plan/Annual Action Plan process and reaffirming the Community Development Block Grant Program objectives and guidelines. IMPLEMENTATION SCHEDULE: FY2002 CP/AAP Timetable W. Thomas Utter Assistant City Manager ADDITIONAL SUPPORT MATERIAL Background Information FY2002 Schedule CDBG Guidelines AGENDA MEMORANDUM BACKGROUND INFORMATION Agenda Item: Each year the City Council approves the planning and implementation calendar for the upcoming Community Planning and Development formula grant programs. The CP/AAP is the application for funding under the community planning and development formula grant programs administered through the U.S. Housing and Urban Development (HUD) that include the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants {ESG). The AAP will describe the activities and projects to be assisted with FY2002 funds received under the HOME, CDBG, ESG, Public Housing Comprehensive Grant and other HUD programs that help meet housing and community development needs. The third year (FY2002) AAP must be submitted by June 16, 2002, The proposed schedule enclosed as Attachment "A" provides a comprehensive list of activities. Key dates are: February 15,2002 March 20,2002 May 14, 2002 June 13, 2001 - Proposals for CDBG and ESG Programs Due Date - Planning Commission Public Hearing - City Council Public Hearing - Consolidated Annual Action Plan submission to HUD As in the past, neighborhood/nonprofit meetings will be conducted in January and February. Meeting notices and requests for proposals will be published and mailed to interested organizations. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will be also be added to the City's Internet Home Page Agenda\FY2002\Sched ule.wpd Attachment "A' FY2002 CP/AAP Timetable Attachment January & February January 6 February 15 February 21 February 24 March 8 March 20 March 27 March 31 April 1 May 10 May 14 May 21 May 23 May 24 May 26 June 13 ATTACHMENT "A" HOUSING & COMMUNITY DEVELOPMENT COMMUNITY PLANNING & DEVELOPMENT PROGRAM (CPD) CONSOLIDATED ANNUAL ACTION PLAN SCHEDULE (AAP) FOR FY2002 Preliminary Planning/Neighborhood/Agency Presentations Publish Neighborhood/Agency Mtgs/FY2002 Request for Proposals Proposals Due Submit publication notice of Planning Commission/City Council Public Hearings on the Proposed FY2002 Consolidated Annual Action Plan & Program Information, i.e., funds to be received, program income, activities to be undertaken and estimated amount of benefit to Iow/mod. income persons, to Caller-Times. Publication of Planning Commission/City Council Public Hearing on the Proposed FY2002 Consolidated Annual Action Plan. Forward Materials to Planning Commission Planning Commission - Public Hearing on Proposed FY2002 AAP (special meeting) Planning Commission - Adoption of Final Recommendation Publication - FY2002 Consolidated Annual Action Plan Summary and notice of City Council Public Hearing Citizens Comment Period Starts End of Comment Period for FY2002 Consolidated Annual Action Plan City Council Public Hearing - Proposed FY2002 Annual Action Plan (Staff & Plan. Comm. Recommendations) Projects and facilities adopted tentatively by Council. City Council Adoption - FY2002 Consolidated Annual Action Plan Submit Final FY2002 Consolidated Annual Action Plan Summary'& Proposed Use to Caller-Times Notify Council of Governments (COG) of FY2002 CDBG Projects (Executive Order 12372 Requirement) Publication of Final FY2002 Consolidated Annual Action Plan Summary/Request for Release of Funds Submit FY2002 Consolidated Annual Action Plan to HUD (Due by June 16) 2 ATTACHMENT "B" RESOLUTION - MARCH 22, 1994 021901* COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of Iow and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: No Community Development Block Grant Funds be authorized to applicant agencies for the support of operating expenses. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. No individually funded CDBG project will be eligible for future CDBG funding for a minimum of two years from the date of its last funding. (This excludes projects which are specifically staged for several years of CDBG funding such as a street project which has its engineering funded one year and its construction the next.) * Adopting Policies and General Rules and Procedures of the City Council 27 CITY COUNCIL AGENDA MEMORANDUM Date: November 16, 2001 AGENDA ITEM: Motion directing the City Manager to implement dues check~off capabilities for non-public safety city employees. ISSUE: At its last meeting, Council adopted the above motion under a "Presentation" posting. Concern has been expressed whether this posting supported an action as taken by the Council. In order to avoid any question about passage o£the motion, it would be prudent to enact the motion again under an explicit posting. 1JRB0500.034 Notes and Comments