HomeMy WebLinkAboutAgenda Packet City Council - 03/11/2003CITY
COUNCIL
AGENDA
or, us
Christi
March 11, 2003
1:45 p.m. Proclamation declaring March, 2003 as "Cesar Chavez Month"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
120t LEOPARD
MARCH 11, 2003
2:00 P.M.
PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si ud. Desea dirigirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl&s-espaf}ol 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
mede.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Alston Kirk, Trinity Lutheran Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem John Longoda
Council Members:
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Acting City Manager George K. Noe
Acting City Attorney R. Jay Reining __
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of February 25, 2003. (Attachment # 1)
Agenda
Regular Council Meeting
Mamh 11,2003
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, ff 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 hyo reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCER
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion approving a supply agreement with OneSource Facility
Services, Inc., Corpus Christi, Texas for custodial services for the
Frost Building in accordance with Bid Invitation No. BI-0055-03,
based on Iow bid for an estimated annual expenditure of
$46,602.96. The term of the contract is 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 Acting City
Manager or his designee. Funds have been budgeted by Building
Maintenance in FY 2002-2003. (Requires 213 Council vote)
(Attachment # 2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Me~ing
Mamh 11,2003
Page 3
o
Motion authorizing the Acting City Manager or his designee to
execute Amendment No. 8 to the consultant contract with
Goldston Engineering, Inc. of Corpus Christi, Texas for a total fee
not to exceed $359,130 for the Force Main Repairs and
Replacement Project - Force Main Line "C". (Requires 2/3
Council vote) (Attachment # 3)
Motion authorizing the Acting City Manager or his designee to
execute a consultant contract with HDR Engineering, Inc. of
Corpus Christi, Texas for a total fee not to exceed $285,406 for
the Sanitary Sewer Master Plan, Phase 1. (Requires 2/3
Council vote) (Attachment # 4)
Motion authorizing the Acting City Manager or his designee to
execute Change Order No. 43 with the Texas Department of
Transportation in the amount of $1,114,384.29 for the
realignment of water and wastewater utilities as part of the Spur
3, Phase 2 Ennis Joslin Road construction contract in accordance
with the Advance Funding Agreement. (Requires 2/3 Council
vote) (Attachment # 5)
Motion authorizing the Acting City Manager or his designee to
execute a consultant contract with ECMS, Inc. of Corpus Christi,
Texas in the amount of $60,500 for management of contractor
claim and utility construction inspection for the Spur 3, Phase 2,
project. (Requires 2/3 Council vote) (Attachment # 5)
Motion authorizing the Acting City Manager or his designee to
execute Change Order No. 1 with Garver Construction, LTD., of
Houston, Texas in the amount of $354,287.50 for the Sanitary
SewerTrunk Main Rehabilitation Project. (Requires 2/3 Council
vote) (Attachment # 6)
Resolution authorizing the Acting City Manager or his designee
to execute a Local Transportation Project Advance Funding
Agreement using an in-kind contribution (Real Property valued at
$400,000) as a local match for the Bay Trail, Phase 3 Project.
(Requires 2/3 Council vote) (Attachment # 7)
Motion authorizing the Acting City Manager or his designee to
implement the Participation Agreement between the City of
Corpus Christi and Braselton Land Ventures, Inc in the amount of
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Mamh 11,2003
Page 4
10.a.
10.b.
11.
12.
$90,517.10 for construction of an 18-inch Sanitary Sewer Force
Main. (Buckingham Estates Lift Station) (Requires 2/3 Council
vote) (Attachment # 8)
Motion authorizing the Acting City Manager or his designee to
execute a contract with Inwood Contractors, Inc., dba Trailer
Trash of Corpus Christi, Texas guaranteeing the annual delivery
of specific tonnage of acceptable waste to the J.C. Elliott Landfill
for a specific fee, for a period not to exceed the life of the J.C.
Elliot Landfill. (Requires 2/3 Council vote) (Attachment # 9)
Motion authorizing the City Manager or his designee to accept a
contract with the Coastal Bend Council of Governments - Area
Agency on Aging/Direct Purchase Vendor Agreement with the
Senior Companion Program for fiscal year 2003 in the amount
$50,000. (Requires 2/3 Council vote) (Attachment # 10)
Ordinance appropriating $50,000 in anticipated funds from the
Coastal Bend Council of Govemments- Area Agency on
Aging/Direct Purchase Vendor Agreement in the No. 1050
Federal/State Grants Fund for the Senior Companion Program.
(Attachment # 10)
Second Reading Ordinance - Amending the Code of Ordinances
Chapter 53 Traffic, Section 53-84, Project Eligibility
Requirements and Design Standards, by adding discretionary
language to the Guidelines for Location of Traffic Calming
Devices. (First Reading - 3/04/03) (Attachment # 11 )
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0103-02, Morteza Shafinury: A change of zoning from
an "R-lB" One-family Dwelling Distdct and "AB" Professional
Office Distdct to a "B-1" Neighborhood Business Distdct on Airline
Subdivision, Block B, Lots 1,4, and 5, located on the east side of
Airline Road and on the north side of Lyons Street. (Attachment
# 12) (Requires 2/3 Council vote)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Mamh 11,2003
Page 5
13.
14.
Plannino Commission's and Staff's Recommendation: Approval
of the "B-I" Distdct on Lot 1 and denial of the "B-1" Distdct on
Lots 4 and 5.
ORDINANCE
Amending the Zoning Ordinance upon application by Morteza
Shafinury by changing the zoning map in reference to Lot 1, Block
B, Airline Subdivision Unit 3, from "AB" Professional Office District
to 'B-I" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
Case No. 0103-04, Hoclan Development Company. L.P.: A
change of zoning from a "B-4" General Business District to a "R-
1C" One-family Dwelling District on Flour Bluff and Encinal Farm
and Garden Tracts, Section 21, being 23.064 acres out of Lots
17, 18, 31, and 32, located on the east side of Cimarron
Boulevard and approximately 300 feet south of Yorktown
Boulevard. (Attachment # 13) (Requires 2/3 Council Vote)
Plannin(~ Commission's and Staff's Recommendation: Approval
of the "R-lC" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance upon application by Hogan
Development Company, L.P. by changing the zoning map in
reference to 23.064 acres out of Lots 17, 18, 31, and 32, Section
21, Flour Bluff and Encinal Farm and Garden Tracts, from "B-4"
General Business District to "R-I C" One-family Dwelling District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
Case No. 0103-05, Carmen Fader: A change of zoning from a "R-
lB" One-family Dwelling District to a "B-l" Neighborhood
Business District on Flour Bluff and Encinal Farm and Garden
Tracts, Section 5, being a 0.590 acre out of Lot 25, located west
of South Staples Street and approximately 349 feet north of Lipes
Boulevard. (Attachment # 14) (Requires 2/3 Council Vote)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Mamh 11,2003
Page 6
Plannina Commission's and Staff's Recommendation: Approval
of the "B-l" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance upon application by Carmen
Fader by changing the zoning map in reference to 0.590 acre out
of Lot 25, Section 5, Flour Bluff and Encinal Farm and Garden
Tracts, from "R-lB" One-family Dwelling District to "B-l"
Neighborhood Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan.
URBAN TRANSPORTATION PLAN:
15.a.
Public Hearing to consider amending the Corpus Christi Urban
Transportation Plan, an element of the Comprehensive Plan of
the City of Corpus Christi. (Attachment # 15)
15.b.
First Reading Ordinance - Amending the Corpus Christi Urban
Transportation Plan, an element of the Comprehensive Plan of
the City of Corpus Christi, by adopting the revised Corpus Christi
Urban Transportation Plan for the City and its extraterritorial
jurisdiction; establishing a Unified Transportation Plan for
coordination of street improvements consistent with the public
interest; rescinding the Corpus Christi Urban Transportation Plan
adopted by City Council Ordinance No. 022166, February 22,
1995; amending the Comprehensive Plan of the City.
(Attachment # 15) (Requires 2/3 Council vote)
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
16.
Ordinance providing for the issuance of the General Improvement
Refunding Bonds, Series 2003, of the City of Corpus Christi,
Texas, in an amount not to exceed $25,000,000; establishing
parameters regarding the sale of the bonds; approving the
execution of a bond purchase contract and an escrow agreement;
and all other matters related thereto; and providing that this
ordinance shall be in force and effect from and after the date of
its passage. (Attachment # 16)(Requires 2/3 Council vote)
CITY COUNCIL
PRIORITY ISSUES
(Refer ~) legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
March 11,2003
Page 7
K. PRESENTATIONS: (NONE)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
17.
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingl~s es limitado, habr~ un int~rprete
ingl~s-espal~ol en la reunion de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
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
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. 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 o/rice.
Executive session under Texas Govemment Code Section
551.071 regarding Hector Villarreal, Corpus Christi Association of
City Employees, and Stan Wilt, Cause No. 02-868-E, 214 th
District Court, Nueces County, Texas, with possible discussion
and action in open session.
Agenda
Regular Council Meeting
Mamh 11,2003
Page 8
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.
18. CITY MANAGER'S REPORT
19.
20.
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 2:00 p.m., March 7 ,2003.
Armando Chapa '
City Secretary ~
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com 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
[ ~CONTINU~G PRIORITY ISSUES
A~roo~ / Seawall / Convention Center / Arem~
· Continue quarterly repoVln~o process for these initiatives.
'86 Bond Issue Imnrovements
· UpOn!to 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.
Privatimtlon / Re-E~i~eerln~
· Cle~ly define '~rivatization" and '~e-ev~neerin~"
· 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.
· Maintain the 5-yenr forecast model.
· Review the August 1 budget ~doption deadline.
Crime Control and Prevention
Continue implementation of the CommBIli~J Policing initiative.
· Establish date for Crime Control and Prevention District election.
· Continue City imrticipafion in Youth Opportunities United and other youth crime initiatives.
Emnlov~e Health Care
· Address concerns related to employee compensation and benefits, including health insurance.
· Work to coord/nate Police and Fire health benefits with those of other City employees
E~o~o~i~ D~vdonment Sales Tax
· Establish election date.
NEW PRIORITY INITIATIVES AND ISSUES
City staff will develop and present to City Council action/implementation plans for the following priorlty
Desalination Pilot Project
*Code Enforcement in Trashy Neighborhoods
*Employee Classification Study
Ma stet Drainage Plan
Oarwood Water
*New Golf Course
*Charter Revision with Specific Charge(s)
*More Funding for Economic Development
*Fire and Pnliee 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
· Reconsider implemcntation plan for a Storm Water Utility.
Pack~rv Channel
· Continue quarterly reports on the progt~s of the TIF and Beach Restoration Project.
Landffil
· Continue to evaluate the efficiency and effectiveness of operatiolls.
· Examine alternatives for solid waste numagement system, inch~dlng privatization.
IMernet
Continue regular updates and expansion of the City's web site, including individual council
member web pages.
· Establish target date for online permittillg process.
· Commll~ie41}/e brush pickup via e-mail.
CDBG
· Continue active role.
· Lease and complete renovntion
· Implement current island _annexation plan
· Develop and approve ADA Transition Plan within 90 days.
* Develop Couueil-approved redistricting plan for the City of Corpus Christi
l~dnstrlai Distr4et Contract
· Review Industrinl Distriet con~acts and determine dnte for approval
Staff completes action requesls in a timely manner.
(~|tV / County Health Issues
Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Mm'k~na O! CC Museum nnd Colmbns Shins
· Continue to develop marketing plans for the Museum of Science and History and thc
Columbus Fleet
Relationships with Other Governments
Development Initiative Packages
*Park Rehabilitation
*Leopard Street Curbs and Gut~rs
Economic Development Summit and Post-Summit Meetings
Asnes-Laredo Corridor Market (studies, plans)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Tl~i~_ c CollitoL~ (¢bannelin_,~, studying oB/off ~[~lps on SPID)
*Five Points Ambulance
Effluent Plan for Leopard Medians
RTA~Publi¢ Improvements
Aris and Sciences Park Plan
Budget Item
** Capital Improvement Program Item
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
February 25, 2003 - 2:05 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tcun John Longoria
Council Members:
Javier D. Colmenero
Henry Garrett
Bill Kelly
Rex A. Kinrfison
Jesse Noyola
Mark Scott
City Staff:
Acting City Manager George Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
ABSENT
Brent Chesney
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Buddy Murphrey, Southcrest Baptist Church, and the Pledge
of Allegiance to the United States flag was led by Council Member Kinnison. City Secretary
Chapa called the mil and verified that the necessary quorum of the Council and the required
charter officers were present to conduct the meeting. Mayor Ne,al called for approval of the
minutes of the regular Council meeting of February 11, 2003. A motion was made and passed to
approve the minutes as presented.
Mayor Neal called for consideration of the consent agenda (Items 2-14). City Secretary
Chapa said that Item 12 needed to be amended. Council members requested that Item 4 be
discussed. There were no comments from the audience. Mr. Chapa polled the Council for their
votes and the following passed:
2. M2003-071
Motion approving a supply agreement with LaFarge Road Marking Inc., Ennis, Texas for
approximately 24,000 gallons of pavement marking paint in accordance with Bid
Invitation No. BI-0061-03 based on low bid for an estimated annual expenditure of
$109,476. 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 Street
Services in FY2002-2003.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
3. M2003-072
Motion approving the lease purchase of five (5) automated side-loading refuse trucks
from the following companies for the following amounts for the total amount of
Minutes - Regular Council Meeting
February 25, 2003 - Page 2
$824,195. The award is based on the Cooperative Purchasing Agreement with the Texas
Local Government Purchasing Cooperative (TLGPC). These automated side-loading
refuse trucks will be used by Solid Waste Services. Financing will be provided through
the City's lease/purchase financing program. These refuse txucks will be replacements to
the fleet.
Rush Track Center
Houston, Texas
Truck Chassis
$511,250
McNeilus Track & Manufacturing
Hutchin% Texas
Refuse Packer Body
$312,945
Grand Total:
$824,195
The foregoing motion passed by the following vote: Neal, Colmeoero, GarteR, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
5.a. M2003-074
Motion authorizing the Acting City Manager or his designee to execute a construction
contract with Reynolds, Inc. of Orleans, Indiana in the amount of $1,238,200 for the
Broadway Basin Sewer Line Rehabilitation Project, Base Bid A-Rebid.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
5.b. M2003-075
Motion authorizing the Acting City Manager or his designee to execute a construction
contract with King-Isles, Inc. of Corpus Christi, Texas in the amount of $1,096,765 for
the Broadway Basin Sewer Line Rehabilitation Project Base Bid B and Additive
Alternatives B-1 and B-2 Re-bid.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
6. M2003-076
Motion authorizing the Acting City Manager or his designee to execute a consultant
contract with Goldston Engineering, Inc. of Corpus Christi, Texas in the amount of
$64,210 for the Southmoreland Addition Area Street Improvements, Phases 3B and 4B.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
7. M2003-077
Motion authorizing the Acting City Manager or his designee to execute Amendment No.
3 to the consultant contract with Shiner, Moseley and Associates, Inc. of Corpus Christi,
Texas for a total fee not to exceed $52,020 for the Regional Transportation Authority
(RTA) Miscellaneous Street Improvements Project.
Minutes - Regular Council Meeting
February 25, 2003 - Page 3
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longofia, Noyola, and Scott voting "Aye"; Chesney absent.
8. M2003-078
Motion authorizing the Acting City Manager or his designee to execute a consultant
contract with Goldston Engineering of Corpus Christi, Texas for a total fee not to exceed
$72,600 for the Laguna Madre Wastewater Treatment Plant Aeration System
Rehabilitation.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
9. M2003-079
Motion authorizing the Acting City Manager or his designee to grant permits to Sabco
Operating Company of Houston, Texas to drill three (3) oil or gas wells at exceptional
loeafious, approximately six (6) miles seaward of the Corpus Christi Marina in Corpus
Christi Bay, at State Tract 48 and State Tract 53.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longofia, Noyola, and Scott voting "Aye"; Chesney absent.
10. M2003-080
Motion authorizing the Acting City Manager or his designee to execute a contract with
DataSeek Corporation of San Antonio, Texas, a Qualified Information Services Vendor
with the State of Texas, for the purchase of a complete EMC Symmetrix 8830 Storage
Area Network (SAN) and upgrade of the existing EMC Symmetrix 8530 SAN in the
amount of $1,515,995. The price includes a 60-month hardware and software
maintenance/warranty on the new Symmetrix 8830 and is to be financed over a sixty-
month period through our lease finance program.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longofia, Noyola, and Scott voting "Aye"; Chesney absent.
11.a. ORDINANCE NO. 025208
Ordinance appropriating $144,009.75 from the Unreserved Fund Balance in the No. 5210
Municipal Information System (MIS) Fund for the purchase of PeopleSot~ Systems,
hardware and a web server for the implementation of the Utilities' Skill Based Pay and
Recruiting projects; amending the FY2002-2003 Operating Budget adopted by Ordinance
No.024974 by increasing appropriations by $144,009.75.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Minutes - Regular Council Meeting
February 25, 2003 - Page 4
ll.b. M2003-081
Motion authorizing the Acting City Manager or his designee to execute a contract with
PeopleSoft USA, Inc. of Pleasanton, California for the purchase of eRectuit Manager
Desktop, eCompensation Manager Desktop, Resume processing, eProfile Manager
Desktop and first year maintenance for the implementation of the Utilities' Skill Based
Pay and Recruiting Projects in the amount of $108,504 in accordance with the State of
Texas Cooperative Purchasing Program.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
IGnrdson, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
11.c. M2003-082
Motion authorizing the Acting City Manager or his designee to execute a contract with
Logical Networks, Inc. of Irving, Texas for consulting and hardware support for the
implementation of the Utilities' Skill Based Pay and Recruiting Projects in the amount of
$22,604.85 in accordance with the State of Texas Cooperative Purchasing Program.
The foregoing motion passed by the following vote: Neal, Colmenero, Gan'eR, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
11.d. M2003-083
Motion authorizing the Acting City Manager or his designee to execute a contract with
Dell of Austin, Texas for the purchase of a Dell PowerEdge 2650 web server for the
implementation of the Utilities Skill Based Pay and Recruiting Pwjects in the amount of
$12,900.90 in accordance with the State of Texas Cooperative Purchasing Program.
The foregoing motion passed by the following vote: Neal, Coimenero, Garrett, Kelly,
I~innison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
11.e. M2003-084
Motion authorizing the Acting City Manager or his designee to execute a contract with
CDG & Associates, Inc. of Dallas, Texas for consulting support for the implementation
of the Utilities' Skill Based Pay and Recruiting Projects in an amount not to exceed
$132,000 in accordance with the State of Texas Cooperative Purchasing Program.
The foregoing motion passed by the following vote: Neal, Colmenero, GarteR, Kelly,
Kinni~n, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
ll.f. M2003-085
Motion authorizing the Acting City Manager or his designee to execute a contract with
Precision Task Group, Inc. of Houston, Texas, for consulting support for the
implementation of the Utilities' Skill Based Pay and Recruiting Projects in an amount not
Minutes - Regular Council Meeting
February 25, 2003 - Page 5
to exceed $89,700 in accordance with the State of Texas Cooperative Purchasing
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
13. FIRST READING ORDINANCE
Ordinance amending the Code of Ordinances Section 53-254, Schedule V, Increase of
State Speed Limit in Certain Zones, by revising the speed limits on the following street
sections: on Saratoga Boulevard (S.H. 357); revising the existing speed limits to the
following: 55 mph from Old Brownsville Road (F.M. 665) to Ayers Street (S.H. 286); 50
mph to 45 mph from Ayers Street (S.H. 286) to Rodd Field Road (S.H. 357) except a
portion where school zone flashes are displayed indication 30 mph; on Rodd Field Road,
(S.H. 357); revising the existing speed limits to the following: 55 mph to 45 mph from
Holly Road to the centerline of Saratoga Boulevard (S.H. 357); providing for penalties.
The foregoing ordinance passed on first reading by the following vote: Neal, Coimenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
14.a. ORDINANCE NO. 025210
Ordinance authorizing the City Manager or his designee to execute a five year farming
lease with Mark Stockseth, John H. White and HartT L. White, Jr. dba W & S Ag
Enterprises for 1,320 acres of farmland out of Cefe F. Valenzuela Municipal Landfill
located west of FM2~.~.~. and County Road 57 and approving a cash rental fee of
$55.00/acre per crop year.
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
14.b. ORDINANCE NO. 025211
Ordinance authorizing the City Manager or his designee to execute a five-year fanning
lease with Paul T. Rackley, Jr. and Marion G. Rackley dba Rackley and Rackley, a Joint
Venture for 940 acres of farmland out of the Cefe F. Valenzuela Municipal Landfill
located west of FM2444 and County Road 57 and approving a cash rental fee of
$55.00/acre per crop year.
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
14.e. ORDINANCE NO. 025212
Ordinance authorizing the City Manager or his designee to execute a five year farming
lease with Julius Zdansky, Jr. for 46 acres of famfland out of the proposed Southside
Sewer Treatment Plant site located off Yorktown Boulevard and approving a cash rental
fee of $20.00/acre per crop year.
Minutes - Regular Council Meeting
February 25, 2003 - Page 6
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
14.d. ORDINANCE NO. 025213
Ordinance authorizing the City Manager or his designee to execute a one year fanning
lease with Sulius Zdansky, Jr. for 20.598 acres of farmland located at the northeast comer
of Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of
$30.00/acre per crop year.
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garrett,
Kclly, Kin_nison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
14.e. ORDINANCE NO. 025214
Ordinance authorizing the City Manager or his designee to execute a one year fanning
lease with Lar~y Mokry for 23.099 acres of farmland located at the northwest comer of
Chapman Ranch Road and Saratoga Boulevard and approving a cash rental fee of
$35.00/acre per crop year.
The foregoing ordinance passed on second reading as follows: Neal, Colmenero, Garrett,
Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Neal opened discussion on Item 4, purchase of one ambulance. Responding to
Council Member Kelly, Fire Chief J.J. Adame said the members of the fire academy will
graduate around April 18, 2003 and then the city will have the staff for the new ambulance. He
said staffwill make a recommendation to the City Manager and the Council regarding where the
ambulance will be located. City Secretary Chapa polled the Council for their votes as follows:
4. M2003-073
Motion approving the lease purchase of one (1) ambulance from Wheeled Coach,
Orlando, Florida, for the total amount of $144,049. The award is based on the
Cooperative Purchasing Agreement with the Texas Local Government Purchasing
Cooperative (TLGPC). The ambulance will be used by the Fire Department. This unit is
an addition to the fleet. Financing will be provided through the City's lease/purchase
financing program.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnisun, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Neal opened discussion on Item 12, upgrade of the city's local area network. City
Secretary Chapa said the amount in Item 12.b. needs to be amended fxom $157,767.25 to
Minutes - Regular Council Meeting
February 25, 2003 - Page 7
$183,437.70. Mr. Colmencro made a motion to amend as stated by Mr. Chapa, seconded by Mr.
Kinnison, and passed. Mr. Chapa polled the Council for their votes as follows:
12.a. ORDINANCE NO. 025209
Ordinance appropriating $89,400 from the Unreserved Fund Balance in the No. 5210
Municipal Information System (MIS) Fund to provide funding for an upgrade of the
City's local area network (LAN) infrastructure and provide accurate profile information
in 911; amending the FY2002-2003 Operating Budget adopted by Ordinance No. 024974
by increasing appropriations by $89,400.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenem,
Garrott, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Cheaney absent.
12.b. M2003-086
Motion authorizing the Acting City Manager or his designee to execute a contract with
Logical Networks, Inc. of Irving, Texas for the purchase of Cisco network equipment in
the amount of $183,437.70 in accordance with the State of Texas Qualified Information
Services Vendor (QISV) Program to be financed over a thirty-six month period through
our Lease Finance Program.
The foregoing motion passed, as amended, by the following vote: Neal, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
12.c. M2003-087
Motion authorizing the Acting City Manager or his designee to enter into a contract with
Logical Networks, Inc. of Irving, Texas for installation, migration and configuration
services in the amount of $89,400 in accordance with the State of Texas Qualified
Information Services Vendor (QISV) Program.
The foregoing motion passed by the following vote: Neal, Colmenero, Garrett, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Neal recessed the regular Council meeting for the meetings of the Tax Increment
Reinves~ment Zone No. 2 and the North Padre Island Development Corporation.
Upon reconvening the regular meeting, Mayor Neal opened discussion on Items 17, 18
and 19 regarding the Tax Increment Reinvestment Zone No. 2. City Secretary Chapa said that
Council Members Garrett and Kelly would be abstaining on Items 17, 18 and 19. There were no
comments from the Council or the audience on the three items. Mr. Chapa polled the Council for
their votes as follows:
Minutes - Regular Council Meeting
February 25, 2003 - Page 8
17. ORDINANCE NO. 025215
Ordinance approving a final project and financing plan for the "Reinvesm~ent Zone
Number Two, City of Corpus Christi, Texas"; approving the sale of bends by North
Padre Island Development Corporation in furtherance of the final project and financing
plan; and other matters related thereto.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero,
Longoria, Noyola, and Scott voting "Aye"; Kinnison voting "No"; Garrett and Kelly
abstaining; Chesney absent.
18. RESOLUTION NO. 025216
Resolution approving the project and financing plan for the Zone and recommending its
approval to the City Council of the City of Corpus Christi, Texas, and approving the
execution of a Tri-Party Agreement with respect to the project and financing plan.
Thc foregoing resolution passed by the following vote: Neal, Colmenero, Longoria,
Noyola, and Scott voting "Aye"; Kin~ison voting "No"; Garrett and Kelly abstaining;
Cheaney absent.
19. RESOLUTION NO. 025217
Resolution authorizing the issuance of North Padre Island Development Corporation Tax
Increment Contract Revenue Bonds, Series 2003, in an aggregate principal amount not to
exceed $3,000,000; approving an Indenture of Trust and other contract documents
relating to the bends; and containing other provisions related thereto.
The foregoing resolution passed by the following vote: Neal, Colmenero, Kinnison,
Longoria, Noyola, and Scott voting "Aye"; Garrett and Kelly abstaining; Chesney absent.
City Secretary Chapa stated that Items 20.a. and 20.b. have been withdrawn.
20.a. WITHDRAWN
20.b. WITHDRAWN
Minutes - Regular Council Meeting
February 25, 2003 - Page 9
Mayor Neal referred to the presentations on the day's agenda. The first presentation (Rem
21) was regarding the Urban Tramportafion Plan (UTP), an element of the Comprehensive Plan.
Acting City Manager Noe said that if the Council concurs, staff will schedule a public hearing on
this issue on March 11, 2003.
Mr. Michael Gunning, Director of Planning, explained that all of the street elements of
the transportation plan were contained within 10 different area development plans, which
resulted in a cumbersome development process. He said Planning Department staff worked with
staff from the city's Engineering Services Department and others in creating the UTP.
Mr. Bob Pa)ne, Senior City Planner, discussed the importance of developing an accurate
city transportation plan, which is required in the City Charter. He said the UTP is the first phase
of a three-phase process to combine comprehensive plans into a citywide plan; phase 2 will
combine the future land use into a citywide plan and phase 3 will update the Corpus Christi
policy statements and incorporate the area development plan text and maps.
Mr. Pa)ne said issues in the transportation plan include a future street network to
minimize traffic congestion; consolidation of transportation plans; sidewalks which meet ADA
standards; bikeways which meet the American Association of State Highway and Transportation
Officials standards; and street alignment and network changes. He said the plan will minimize
the future purchase of rights-of-way and will address collector and arterial streets.
Mr. Pa)ne then compared the city's existing plan with the proposed plan's right-of-way
requirements. He also listed the entities which have reviewed and endorsed the plan, including
the Regional Transportation Authority, Port of Corpus Christi Authority, Nueces County, Texas
Deportment of Transportation (cross-section design), Chamber of Commerce Transportation
Subcommittee, Metropolitan Planning Organization Technical Advisory Committee,
Development Services Advisory Committee, Transportation Advisory Committee, and city
Planning Commission.
Assistant City Manager Ron Massey, Engineering Services Director Angel Escobar, Mr.
Gunning and Mr. Pa)ne then responded to Council members' questions regarding elements of
the proposed UTP, including the south loop design, ROW issues, SP]I), and FM
The second presentation (Item 22) was regarding the existing and proposed recharge
dams in the Nueces River Basin. Mr. Massey said the Edwards Aquifer Authority owns three
existing projects in the Nueces River watershed and the San Antonio Water System and its
partners are seeking permits for four new projects. He noted that Corpus Christi's reservoirs are
located downstream fi'om the recharge dams and much of the retained water will not make it to
the city's reservoirs. He then introduced Mr. Ken Choffel, Vice President of HDR Engineering.
Mr. Choffel discussed how recharge projects work and the capacity of the proposed
recharge projects compared to the capacity of the city's reservoirs. He said the cost of those
projects is as follows (mid-1999 prices): Frio, $34.8 million; Sabinal, $10.4 million; Hondo,
Minutes - Regular Council Meeting
February 25, 2003 - Page 10
$13.3 million; and Verde, $6.5 million, for a total of $65 million. He noted that significant
channel losses can occur in the Nueces River basin.
Mr. Choffel also described the effects of recharge dams on the city's senior water fights,
the firm yield impact and replacement water requirements, and previous options considered to
offset firm yield impacts. He pointed out that the cost of replacement water would be paid by the
recharge project sponsors. He said that federal funds are available through the Corps of
Engineers (COE) for projects which include "ecosystem restoration" or "flood damage
reduction," and those funds can pay for up to 50% of study costs and 65% of construction costs.
He said the COE 2002 reconnaissance study identified several projects which could
benefit the city: desalination project at the Barney Davis Plant; Cotulla diversion to enhance the
Choke Canyon storage; a two-way pipe project between Choke Canyon Reservoir and Lake
Corpus Christi to minimize channel losses; and additional wastewater diversions to the Nueces
River Delta. He said they recommend that the city work with the recharge project sponsors
through the COE study to ensure that appropriate mitigation is included to compensate the city,
and that the city work with the COE and other sponsors Cmcluding the state desalination
initiative) on projects which will increase the city's water supply and enhance the productivity of
the Nueces Estuary.
Mr. Massey said the existing recharge dams were built in the 1970s primarily for flood
control but they also pump for the Edwards Aquifer and require continuous evaluation. He said
the city is participating with other cities and the Nueces River Authority in working with the
COE and potential project sponsors on possible federal funding sources.
Mayor Neal asked if the city will have any input on the location of the recharge projects.
Mr. Massey said not with the location but with the design of the projects as well as mitigation.
He said one option is to allow another entity to divert some of the city's water without giving up
any water rights. Mr. Massey and Mr. Choffel responded to other questions from the Council.
The third presentation (Item 23) was the FY 2002-2003 second quarter budget and
performance report. Mr. Mark McDaniel, Director of Management and Budget, pointed out that
the be~nning fund balances for this report reflect estimates but will be adjustf, A to the audited
figures for the third quarter. Also, as part of staff's continuing efforts to enhance reporting,
graphs and data depicting trends for major revenues have been included in a new "Financial
Indices" section.
Mr. McDaniel said that with regard to a three-year comparison year to date of General
Fund revenues, anticipated collections are right where they should be with a few notable
exceptions. He said the sales tax revenues are $230,000 lower compared to what was budgeted
and staff will continue to monitor that figure. Another item of interest is an out-of-period
adjustment for prior year revenue and it is classified as a revenue adjustment on the expenditure
side. He also discussed Municipal Court revenues and the affect of the Attumey General's
opinion that the city cannot collect on cases that were not yet adjudicated.
Minutes - Regular Council Meeting
February 25, 2003 - Page 11
Mr. McDaniel said the General Fund expenditures are also within tolerances with some
qualifications. He said some depa~hnents had slightly higher expenditures, such as Animal
Control and Solid Waste. He said staff will try to make up those costs by the end of the year. He
also discussed revenues for the Enterprise Funds, pointing out that water sales are down because
of the wet winter the area has had while gas revenues are higher due to the pass-through cost for
the purchase of gas. He said revenues have improved in the Ambulance Fund due to new
Medicare reimbursement fee structures.
The Budget Director said that with the exception of the Maintenance Services Fund, all
the Internal Services Fund as a percent of total budget are comparable to the last two years. He
said the expenditures for the Internal Services Fund are below the 50% mark at mid-year. He
said Special Revenue Funds are also on target, for revenues with the positive exception of the
Reinvestment Zone No. 2 (Packery Channel) and LEPC. He said the notable exceptions for the
expenditures are the seawall improvements and arena facility because the projects are underway.
Mr. McDaniel also discussed the new financial indices section, including the sales tax
analysis, franchise revenue trends, water sales, hotel occupancy tax trends and airport activity. In
summary, he said the mid-year major issues are the sales tax forecast, projected salary savings,
fuel and power costs, storm-related costs and the general financial condition. He said he meets
with the depa~hnent heads on a regular basis to help them analyze their budgets. Mayor Neal said
he wants staff to very carefully manage the city's expenditures for the rest of the fiscal year. Mr.
McDaniel then replied to Council members' questions.
The fourth presentation (Item 24) was regarding the Comprehensive Annual Financial
Report (CAFR) for the fiscal year ending July 31, 2002. Acting City Manager Noe said the
CAFR is not yet complete but Mr. John Shepherd, of Collier, Johnson and Woods, has
committed to finish it and distribute it to the Council via their packets on February 28, 2003.
Ms. Lee Ann Dumbauld, Director of Finance, said the CAFR includes a new section that
is required by GASB 34 called management's discussion and analysis. She said the fund balance
has been increased by 31% over the prior year's results in the General Fund, which is 10.7% of
the $128 million in expenditures. She said the undesignated and unreserved amount was $10.4
million or 8.2% of the expenditures. She added that governmental activities and business-type
activities are separated while everything the city does will be shown on the first set of
statements. Ms. Dumbauld said the CAFR will also be available on CD and on the city's website.
Mr. Noc commended Ms. Dumbanld and the Finance Depar~aent staff for their efforts.
Mayor Neal asked how the city will judge what it is doing in the future against what other cities
are doing. Ms. Dttmbanld said the ratios are being reintroduced in different ways. Mr. Noe said
the rating agencies will give the city some standards to follow. He added that Corpus Christi
already participates in a best-practices information sharing on the service delivery side of the
financials. Ms. Dumbauld thanked in particular Ms. Janie Baysinger for her work on the CAFR.
Minutes - Regular Council Meeting
February 25, 2003 - Page 12
Mayor Neal called for petitions fi'om the audience on non-agenda items and there were
none. He then announced the executive sessions, which were listed on the agenda as follows:
25.
26.
Executive session pursuant to Texas Government Code Section 551.071 regarding the
following construction contracts: Mustang Island Fire and Parks & Recreation Station -
Project No. 5114; Improvements to Fire Stations (ADA/Co-ed) - Project No. 5115, with
possible discussion and action related thereto in open session.
Executive session pursuant to Texas Government Code Section 551.071 for legal advise
regarding potential litigation relating to Spur 3, with possible discussion and action
related thereto in open session.
The Council went into executive session. The Council returned from executive session.
The following motions and ordinances were moved, seconded and passed as follows:
25.a. M2003-088
Motion authorizing the Acting City Manager to execute a Tender, Completion and
Release Agreement between the City of Corpus Christi, Continental Casualty Insurance
Company, and Ground Up Inc., dba Construction Project Management, relating to the
Mustang Island Fire and Park and Recreation Station, Project No. 5114.
The foregoing motion passed by the following vote: Neal, Colmenero, GarteR, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
25.b. ORDINANCE NO. 025218
Ordinance appropriating $280,351.84 from CNA Surety Company and Continental
Casualty Company in the Public Health and Safety Fund No. 3358 for the Corpus Christi
Mustang Island Fire and Park and Recreation Station, Project No. 5114; emending the
Capital Budget, adopted by Ordinance No. 025144, by increasing appropriations by
$280,351.84.
An emergency was declared and the foregoing ordinance passed: Neal, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
25.c. M2003-089
Motion authorizing the Acting City Manager to execute a Tender, Completion and
Release Agreement between the City of Corpus Christi, Continental Casualty Insurance
Company and Sal-Con Inc. relating to the Fire Station improvements, ADA compliance,
and co-ed improvements, Project 5115.
The foregoing motion passed by the following vote: Neal, Colmenero, Gan'eR, Kelly,
Kinnison, Longoria, Noyola, and Scott voting "Aye"; Chesney absent.
Minutes - Regular Council Meeting
February 25, 2003 - Page 13
25.d. ORDINANCE NO. 025219
Ordinance appropriating $132,915.33 from CNA Surety Company and Continental
Casualty Company in the Public Health and Safety Fund No. 3358 for the Corpus Christi
Fire Station improvements, ADA compliance, and co-ed improvements, Project 5115;
amend'rog the Capital Budget, adopted by Ordinance No. 025144, by increasing
appropriations by $132,915.33.
An emergency was declared and the foregoing ordinance passed: Neal, Coimenero,
Garrett, Kelly, Kinnison, Lungoda, Noyola, and Scott voting "Aye"; Chesney absent.
Mayor Ne. al called for the City Manager's report. Acting City Manager Noe said the city
received four advertising awards: gold awards for the website and for the ad campaign in
cooperation with TXDOT regarding underage drinking; and silver awards for the promotion of
the website and for one of the seascape programs. Mr. Noe said that on February 26, 2003 Mr.
Escobar will be briefing the Nueces County Commissioners Court on the stormwater master
plan. He said the discussion on the child safety fee has been rescheduled for March 5th. He said
there will be a ribbon-cutting ceremony on February 26~ for the new Mildred and Lloyd
Sessions Tennis Pavilion at the HEB Tennis Center and on February 27t~ there is a meeting with
residents in the Oveal Williams area regarding rezoning of that area. He added that there is a
regular Council meeting on March 4t~.
Mayor Neal asked staff to explain the possible implications of the purchase of the E1
Centro Landfill by BFI and he asked staff to schedule a discussion in executive session regarding
the issue raised by Mr. William H. Berry. The Mayor then called for Council concerns.
Mr. Kinnison said he would like the Council to consider instructing Mr. Noe to
effectively terminate the policy the Council adopted last fall regarding requiring city employees
to notify the Council about any media contacts. He said the Council had good intentions when
establishing that policy and the reports served good purposes from time to time but there appear
to be fewer advantages now. Mr. Longoria said he wants to be sure that the Council is not
rcslricfing tho City Manager's right to do what he needs to do. Mayor Ncal asked Mr. Chapa if a
vote needed to be taken. City Secretary Chapa said that Mr. Nee takes direction from the
consensus of the Council and there appeared to be a consensus to terminate the policy as
suggested by Mr. Kinnison. No opposition was voiced.
Mr. Longoria commented on the traffic flow around the convention center. Mr. Noe said
staff is reviewing the management of all the parking lots in that area. Mr. Longoria said he wants
to ensure that there is a pedestrian promenade and he requested a public service announcement
about the number of people who are killed when running red lights. He also said he thinks the
call service center has great potential.
Mr. Kelly said he received a letter from a citizen on Rand Morgan who received an
excessive water bill and had many associated problems. He also commented on the northside
plan and congratulated staff on the good news about the Wesley Seale Dem.
Minutes - Regular Council Meeting
February 25, 2003 - Page 14
Mr. Scott said he received a letter from Ms. Becky Garner regarding different food and
beverage companies working at the convention center. Mr. Ncc said the Council's direction was
that renters would continue to have access to local caterers. Mr. Scott asked if staff has
completed the negotiations with SMG. Mr. Nee said he hopes they can conclude the negotiations
by the end of this week. Mr. Scott asked if the city is taking too long to pay developers. Mr.
Gunning said the only time there were delays was when there was missing information on the
construction cost estimates. Mr. Ncc said staff will look for ways to reduce that time line. With
regard to the seawall project, Mr. Ncc said the percentage for art allocation from that project
cannot be put in thc P~,manent Art Trust Fund and used for a_rt. Mr. Scott said a constituent feels
the city is not doing enough to help thc non-profit agencies in the adoption of animals, and he
asked about parking possibilities near the arena, which Mr. Ncc discussed. Mr. Scott said a city
employee threw large rocks into a property owner's yard in the process of repairing the potholes
on that street.
Mr. Noyola said he was glad the Council did away with the policy regarding media
contacts and he said he thinks city employees should be allowed to participate in city elections.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 6:10 p.m. on February 25, 2003.
2
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with OneSource Facility Services,
Inc., Corpus Christi, Texas for custodial service for the Frost Building in accordance with Bid
Invitation No. BI-0055-03, based on low bid for an estimated annual expenditure of $46,602.96.
The term of the contract is 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 Acting City Manager or his
designee. Funds have been budgeted by Building Maintenance in FY 02/03.
Purpose:
Previous Contract:
Bid Invitation Issued:
Bids Received:
Award Basis:
Funding:
The custodial service will be performed at the Frost Building located
at 2602 Leopard Street. This service will provide two full-time day
custodians that will work from Monday through Friday from 8:00
a.m. to 4:30 p.m. Nightly custodial services will also be required
after normal business hours from 5:00 p.m. through 11:00 p.m. The
contractor will also provide all material and cleaning supplies.
This is the first supply agreement the City will establish for custodial
service for the Frost Building.
Twenty-seven
Four
Low Bid
Building Maintenance
530210-5110-40305
$46,602.96
pMr ~Cchura~eement~l~a~ra~ CG'~Pn~Mr}~S ervice s Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
Buyer: Maria Garza
3/11/2003
BID INVITATION NO. BI-0055-03
CUSTODIAL SERVICE FOR FROST BUILDING
VENDOR QTY UNIT
One Source Facility Services, Inc.
Corpus Christi, Texas
Paiz Janitorial Services & Supplies
Gregory, Texas
Dutch Girl Cleaning Service
Corpus Christi, Texas
Trinity Cleaning Service
Corpus Chdsti, Texas
12
12
12
12
MO.
MO.
Mo.
MO.
UNIT TOTAL
PRICE PRICE
$3,883.58
$5,260.86 $63,130.32
$5,525.02 $66,300.24
$8,055.00 $96,660.00
0°C
3
AGENDA MEMORANDUM
DATE: March 5, 2003
SUBJECT: Fome Main Repairs and Replacement Project- Force Main Line "C"
(Project No. 7276)
AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to execute
Amendment No. 8 to the Consultant Contract with Goldston Engineering, Inc. for a total fee
notto exceed $359,130 for the Force Main Repairs and Replacement Project- Force Main
Line "C".
ISSUE: Line failures (ductile iron pipe) have recently occurred at the intersection of
Saratoga Boulevard and South Staples. These line failures confirm the need to proceed
with the replacement of Force Main Line "C", as the next phase. This existing line is 24
inches in diameter, and runs from the Country Club Lift Station, located at 6300 Everhart
Road, down Everhart Road to Saratoga Boulevard, then easterly along Saratoga
Boulevard to Cimarron Road.
FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell,
Director of Wastewater Department
/~get' R. Escobar, P.E., - -
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Location Map
H:~U S ERS2~HOM E',VELMAR'tGEN',WASTEWA~7027',AM E N DM ENT NO. 8~,G E NDA MEMO
BACKGROUND INFORMATION
SUBJECT: Force Main Repairs and Replacement Project - Force Main Line "C"
(Project No. 7276)
PRIOR COUNCIL ACTION:
1. November 25, 1997 - Motion authorizing the City Manager, or his designee, to
execute a Consultant Contract with Goldston Engineering, Inc. for a total fee not to
exceed $268,550 for the Force Main Repairs and Replacement Project (Motion No.
M97-348).
2. April 13, 1999 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 2 to the Consultant Contract with Goldston Engineering, Inc. for a
total fee not to exceed $63,500 for the Force Main Repairs and Replacement Project
(Motion No. M99-098).
PRIOR ADMINISTRATIVE ACTION:
1. December 14, 1998 - Executed Amendment No. 1 to the Consultant Contract with
Goldston Engineering, Inc. for a total fee not to exceed $8,500 for the Force Main
Repairs and Replacement Project.
2. August 9, 1999 - Executed Amendment No. 3 to the Consultant Contract with
Goldston Engineering, Inc. for a total fee not to exceed $14,900 for the Force Main
Repairs and Replacement Project.
3. July 14, 2000 - Executed Amendment No. 4 to the Consultant Contract with Goldston
Engineering, Inc. for a total fee not to exceed $0 for the Force Main Repairs and
Replacement Project.
Au.qust 23, 2001 - Executed Amendment No. 5 to the Consultant Contract with
Goldston Engineering, Inc. for a total fee not to exceed $8,500 for the Force Main
Repairs and Replacement Project.
5. April 29, 2002 - Executed Amendment No. 6 to the Consultant Contract with
Goldston Engineering, Inc. for a total fee not to exceed $0 for the Force Main Repairs
and Replacement Project.
6. January 8, 2003 - Executed Amendment No. 7 to the Consultant Contract with
Goldston Engineering, Inc. for a total fee not to exceed $24,950 for the Force Main
Repairs and Replacement Project.
FUTURE COUNCIL ACTION:
1. Participation Agreement with Corpus Christi Country Club.
2. Approval of two (2) construction contracts to complete the subject project.
PROJECT BACKGROUND: The proposed project was initiated in previous Capital
Improvement Programs to rehabilitate or replace various ductile iron wastewater force
Pagelof2 II
H:~US E RS2~HOME~VELMAR~GEN~WASTEWAT~7027V~M EN M ENT NO, 8~AGENDA t~ACKGROUND
mains. The existing ductile iron material was an industry standard at the time these
facilities were constructed; however, it is susceptible to deterioration from exposure to
wastewater gases. PVC pipe, which is impermeable to sewer gas, was not available in
larger diameters at that time. Current industry practices focus on the use of plastic or other
materials that are not susceptible to corrosion. An earlier phase of the Force Main and
Replacement Project, Fome Main Line "B" (ductile iron), is near completion and provides
for the replacement with a 30-inch diameter PVC line between Wooldridge Road Lift
Station and Williams Drive Lift Station.
Line failures (ductile iron pipe) have recently occurred at the intersection of Saratoga
Boulevard and South Staples. These line failures confirm the need to proceed with the
replacement of Force Main Line "C", as the next phase. This existing line is 24 inches in
diameter, and runs from the Country Club Lift Station, located at 6300 Everhart Road,
down Everhart Road to Saratoga Boulevard, then easterly along Saratoga Boulevard to
Cimarron Road.
The new route proposed will have a significantly lower impact to traffic and existing
improvements. Utility Easements will be dedicated by Corpus Christi Country Club. A
Participation Agreement with the Corpus Christi Country Club is forthcoming and will
require Council Action.
PROJECT DESCRIPTION: The proposed project consists of design, bid, and construction
phase services for two (2) construction contracts:
From Everhart Lift Station to Kenith Street
From Kenith Street to Cimmaron Drive
~ ~ CORPUS CHRISTI BAY
O4ko ~£Z O~0 NAS
Phase f-From Everhart Lift Station to lenith S~.
Phase 2- From Kenith St. to Ctmarron
L OCA T r. ON MAP
PRO~ECT No. 7276 NOT TO SCALE EXHr_BIT "B"
Cr_TY COUNCZL EXH_rBr_T ~
FORCE J/IAr_N REPAIRS AND REPLACEMENT- FORCE O~P~CNT oF z~c~Ncm~No Sm.CES
t~AIN LINE "C" PHASE I & PHASE 2 PAGE: I of I !~ i
CITY OF CORPUS CHRISTI, TEXAS DATE: 02/19/2003 ~
4
AGENDA MEMORANDUM
DATE: Mamh 5, 2003
SUBJECT: Sanitary Sewer Master Plan, Phase 1 (Project No. 7236)
AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to execute a
consultant contract with HDR Engineering, Inc. for a total fee not to exceed $285,406 for
the Sanitary Sewer Master Plan, Phase 1.
ISSUE: The last comprehensive Sanitary Sewer Master Plan for the City's sanitary sewer
collection system was completed in 1972. In a phased approach, it is proposed to
undertake a review of previous master plan studies and changed conditions of all six
service areas to determine the location of major trunk lines for future development and the
most feasible construction alternatives. Phase I will conduct a study on the Allison
Wastewater Plant Service Area. Future years will address other service basin areas. A
contract for professional services is required to complete the Master Plan; and requires
City Council approval.
FUNDING: Funding is available from the FY 2002-2003 Wastewater Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Director of Wastewater Department
'~g~l R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
BACKGROUNDINFORMATION
SUBJECT: Sanitary Sewer Master Plan, Phase 1 (Project No. 7236)
PRIOR COUNCIL ACTION
1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
FUTURE COUNCIL ACTION:
1. Approval of a construction contract to complete the subject project.
PROJECT BACKGROUND: The last comprehensive Master Plan for the City's sanitary
sewer collection system was completed in 1972. It is proposed to undertake a review of
previous master plan studies and changed conditions of all six service areas to determine
the location of major trunk lines for future development and the most feasible construction
alternatives. Phase One will conduct the study on the Allison Plant service area, excluding
the Sharpsburg Wastewater Subsystem. Future year funding will address other service
basin areas.
PROJECT DESCRIPTION: The proposed project consists of preliminary phase services to
study the Allison Plant service area for the Sanitary Sewer Master Plan.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
H:\USER~2tHO M E~VELMARIGEN'~RFQ 2002-01'~CONSULTANT AGENDA\7236~AGENDA BACKGROUND
~IEXHIBIT "A"
CONTRACT SUMMARY
Sanitary Sewer Master Plan, Phase 1
(Project No. 7236)
1. SCOPE OF PROJECT
The last comprehensive Master Plan for the City's sanitary sewer collection
system was completed in 1972. It is proposed to undertake a review of
previous master plan studies and changed conditions of all six service
areas to determine the location of major trunk lines for future development
and the most feasible construction alternatives. Phase One will conduct the
study on the Allison Plant service area, excluding the Sharpsburg
Wastewater Subsystem. Future year funding will address other service
basin areas.
2. SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,
Engineer will provide monthly status updates (project progress or delays, gantt charts
presented with monthly invoices) and provide contract administration services to complete
the Project. Work will not begin on Additional Services until requested by the Engineer
(provide breakdown of costs, schedules), and written authorization is provided by the
Director of Engineering Services.
3. PROJECT SCHEDULE
DATE ACTIVITY
Mamh 17, 2003 Begin Collecting Data
April 4, 2003 Review Reports
May 16, 2003 Service Area Characteristics
May 23, 2003 Existing System Characteristics
June 6, 2003 Flow and Load Factors
June 27, 2003 Capacity of Existing System
July 31, 2003 Future System Requirements
August 8, 2003 Sharpsburg Area Review
August 22, 2003 Alternate Sewer System Analysis
September 5, 2003 Area south of City Limits
September 19, 2003 Map Preparation
September 19, 2003 Estimates of Probable Costs
September 30, 2003 Specific Collection System Issues
October 17, 2003 Staff Review
November 14, 2003 Planning Commission Action
December 16, 2003 City Council Action
December 30, 2003 Final Printing and Binding
4. FEES
Fee for Basic Services
1. Phase One - Allison Service Area Wastewater
Master Plan $218,451
Subtotal Basic Services Fees 218,451
Fee for Additional Services (Allowance)
1. Field Survey to verify manhole elevations 4,661
2. Specific Collection System Issues 21,480
3. Master Plan Mylars 2,866
4. Overall Maps 1,328
5. Printing and Binding 7,520
6. LIDAR Mapping of Refinery Area 3,500
7. Modify LIDAR Mapping to 1 foot Intervals 25,600
Sub-Total Additional Services Fees Authorized 66,955
Total Authorized Fee $285,406
t M~ro/ect ~ councilexhiblts \ exh 7 2 56. dwg
PROJECT No. 7236
PROJECT LOCATr. ON
NUECES BAY
f~t 43
2444
L OCA T Z ON J/IAP
NOT TO SCALE
N
CORPUS CHRISTI BAY
NAS
EXHZBZT 'C"
SANITARY SEWER tlASTER PLAN
PHASE 1
Cl~ OF CORPUS CHRISTI, TEXAS
CZTY COUNCZL EXHZBT. T ~
DEPARTt~ENT OF ENGINEERING SERI/ICES
PA~E: I o1' 1
DATE:02/28/2003 ~
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 11, 2003
AGENDA ITEM:
A. Motion authorizing the Acting City Manager, or his designee, to execute Change Order
No. 43 with Texas Department of Transportation in the amount of $1,114,384.29 for the
realignment of water and wastewater utilities as part of the Spur 3, Phase 2 Ennis
Joslin Road construction contract in accordance with the Advanced Funding
Agreement.
B. Motion authorizing the Acting City Manager, or his designee, to execute a consultant
contract with ECMS, Inc., in the amount of $ 60,500 for management of contractor
claim and utility construction inspection for the Spur 3, Phase 2 Project.
ISSUE:
The realignment of utilities between Del Oso Road and Ocean Drive is necessary for
water and wastewater lines to be constructed within the available right of way.
FUNDING:
Funding for this project is available in the FY 02 -03 Water and Wastewater Capital
Improvement Program Budgets.
CONCLUSION AND RECOMMENDATION:
Approval of the motions are recommended to award Change Order ff43 and
proceed with realignment of the utilities.
~
Director of Engineering Services
Attachments:
Exhibit UA" Background
Exhibit UB" Contract Summary
Exhibit'C" Location Map
HH:~OME~YNDAS~EN~Streets\'86 Bond Issue-TxDOT~6062 - Spur 3'~O #43~AGENDA MEMO.doc
BACKGROUNDINFORMATION
SUBJECT: Spur 3, Phase 2 Ennis Joslin/Nile Ddve
Project No. 6062
PRIOR COUNCIL ACTION:
1. November 6, 1992 - Resolution expressing the commitment of the City Council to
construct/provide funding for right-of-way acquisitions, utility relocations, and wetland
mitigation for upgrading and reconstruction of Ennis Joslin Road.
2. November 18,1993 - Resolution authorizing the City Manager to execute an agreement
with TXDOT relative to improvements to Spur 3, including Ennis Joslin Road.
3. July 16, 1996 - Motion authorizing the City Manager to execute a contract in the amount
of $143,818 with Naismith Engineering, Inc. for engineering services associated with
the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile Drive
improvements.
4. October 28, 1997 - Motion authorizing the City Manager to execute a Participation
Agreement with Baypoint, LTD., a Texas Corporation, for the relocation and or
installation of a portion of the public utilities in conjunction with the Spur 3, Phase 2
improvements, the City's share of which will not exceed $217,000.
5. June 29, 1999 -Motion authorizing the City Manager to execute Amendment No. 3 in
the amount of $19,050 to the contract for engineering services with Naismith
Engineering, Inc. for the Spur 3, Phase 2: Ennis Joslin Road utility adjustments and Nile
Drive improvements.
6. February 29, 2000 - Resolution of Statement Expressing Official Intent to Reimburse
Costs of Spur 3, Phase Improvements: Ennis Joslin Road from Ocean Drive to South
Padre Island Drive and Nile Drive from Pharaoh Drive to Ennis Joslin Road.
7. February 29, 2000 - Ordinance appropriating $118,320 from the Unreserved Fund
Balance in the Combined Utility Systems Fund; loaning and appropriating in the No.
3539 Street Capital Improvement Project 2000 (CO) Bond Fund for the City's share of
the State's Spur 3, Phase 2 Improvement Project, to be reimbursed to the Combined
Utility Systems Fund with interest; amending the FY 1999-2000 Budget, adopted by
Ordinance No. 023702 by adding $118,320 to the Combined Utility Systems Fund;
amending the FY 1999-2000 Capital Budget, adopted by Ordinance No. 023703 by
adding $118,320 to the No. 3539 Street Program; and declaring an emergency.
8. February 29. 2000 - Resolution authorizing the City Manager, or his designee, to
execute Amendment No. 1 to the Advanced Funding Agreement with the Texas
Department of Transportation (TXDOT) in the amount of $6,039,661.g8 for construction
of the Spur 3, Phase 2 Improvements: Ennis Joslin Road from Ocean Drive to South
Padre Island Drive and Nile Drive from Pharaoh to Ennis Joslin Road; and associated
utility work.
EXHIBIT "A"
Page 1 of 3 I
PRIOR COUNCIL ACTION (continued}:
9. June 12, 2001 - Motion authorizing the City Manager, or his designee, to increase the
escrow amount as a result of higher bid prices than estimated and to execute Change
Orders Nos. 10, 13, and 24 with the Texas Department of Transportation in the amount
of $205,649.76 as part of the Spur 3, Phase 2 Ennis Joslin/Nile Drive construction
contract in accordance with the Advanced Funding Agreement.
10. Various actions related to the acquisition of parcels required for street right-of-way and
utility easements.
PRIOR ADMINISTRATIVE ACTION:
1. December 17,1997 - Amendment N o. 1 i n t he a mount o f $12,960 t o contract f or
engineering services with Naismith Engineering, Inc. for services associated with a
change order to the Bay, Inc. contract for Phase 1 improvements and design of a new
dam at the Pharaoh Golf Course.
2. March 2. 1999 - Engineering agreement in the amount of $10,000 with Naismith
Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water Rights
Permitting - Phase l/Permit Application.
3. December 20, 1999 - Amendment No. 1 in the amount of $4,800 to the contract with
Naismith Engineering, Inc. for the Spur 3, Phase 2 Pharaoh Valley Golf Course Water
Rights Permitting - Phase 2/Permit Application.
4. May 10, 1999 - Amendment No. 2 in the amount of $2,000 to contract for engineering
services with Naismith Engineering, Inc. for services to coordinate GLO easement
acquisition.
5. January 11, 2000 - Amendment No. 4 in the amount of $6,000 to the contract for
engineering services with Naismith Engineering, Inc. for services associated with the
TxDOT Logo and Copyright Information to Plan Sheets,
6. Au(~ust 24.2001 - Agreement with Pyle & Associates, Inc. in the amount of $11,000 for
professional services associated with the Spur 3, Phase 2 Right-Of-Way Surveys.
7. October 31,2001 - Amendment No.1 to the Agreement with Pyle & Associates, Inc. in
the amount of $11,300 for professional services associated with the Spur 3, Phase 2
Right-Of-Way Surveys.
8. Various actions related to the acquisition of parcels required for street right-of-way and
utility easements.
FUTURE COUNCIL ACTION:
1. Additional change orders may be necessary as project proceeds to completion.
BACKGROUND: A realignment of utilities between Del Oso Road and Ocean Drive was
necessary for the water and wastewater lines to be constructed within the available right of
way. The City and Texas Department of Transportation agreed to the realignment to move
the utilities away from the adjacent property lines, and to allow for better access for futura
maintenance of utilities.
Change Order #.43 provides for a different sequence of construction, changes in material
quantities, an increase in price to compensate the contractor, and allows compliance with
the additional TxDOT requirements.
IEXHIBIT "A"
Page 2 of 3 I
The anticipated project completion is June 2004. The completion of Spur 3 will result in: · Improved traffic flow and safety along Ennis Joslin Road
· Access to Texas A&M University campus; and
· Complete the Nile Drive project approved in the 1986 Bond Program.
ENGINEERING CONTRACT:
The engineering service contract includes claim management and full time inspection. City
responsibility for construction inspection of utility work is in accordance with the Advanced
Funding Agreement. A request for full time inspection was made by TxDOT to expedite the
progression of utility construction.
SUMMARY OF CHANGE ORDERS:
Change Orders Affecting the City.
STORM WASTE
STREET WATER WATER WATER GAS TOTAL
Escrow Surplus -196~748.78 72,327.09 227,584.57 591,618.19 250,425.83 945,206.90
Ch. Order 5 -2,407.50 -2~407.50
Ch. Order 7 -6,259.50 -6~259.50
Ch. Order 10 -45~003.34 -45,003.34
Ch. Order 11 -21,865.31 -21,865.31
Ch. Order 13 -4,037.28 -33,690.14 -19,700.28 -57,427.70
Ch. Order 14 -8,900.98 -8,900.98
Ch. Order 15 -8,677.16 -6,677.16 -8,677.16 -20,031.47
Ch. Order 16 -19,644.90 -19,644.90
Ch. Order 17 -4,444.00 -12,015.28 -16~459.28
Ch. Order 23 -3,921.08 -3~921.08
Ch. Order 24 -25,348.46 -25~348.46
Ch. Order 28 -3,118.79 -3,118.79 I -8,237.58
Ch. Order 31 -13,582.00 -4,527.33 -18,109.33
Ch. Order 36 -8,418.93 -6,418.93
Ch. Order 37 -48~535.20 -48,535.20
Escrow Surplus -264,524.97 39,977.91 166,072.49 482,873.67 214,237.24 638,636.34
Change Order No. 37 compensates the Contractor for installation of ground boxes for all
equipment, labor, materials, and incidentals needed to complete the work. Change Orders
not shown did not affect the City or their share of the required work.
EXHIBIT "A"
Page 3 of 3
CONTRACT SUMMARY
SPUR 3, PHASE 2: ENNIS JOSLIN-OCEAN/ALAMEDA TO S.P.I D.
1. SCOPE OF PROJECT:
BASIC SERVICES:
PART A: Construction administration, Observation and Claim Management
Services
PARTB: Construction Observation and Full-Time Inspection Services
2. SCOPE OF SERVICES
The A/E hereby agrees, at its own expense, to perform evaluation and inspection
(observation) services necessary as described in EXHIBIT A. In addition, A/E will provide
monthly status updates (project progress or delays, gantt charts (as requested) presented
with monthly invoices) and provide contract administration services, as described in
Exhibit A and A-l, to complete the Project.
3. SCHEDULE
The period of contract shall be 8 months unless amended by the City. The expected
inspection period is 6 months due to the utilities Contractor having to pause for two months
during the construction of the roadway by TXDOT.
FEES
A. Fee for Basic Services. The City will pay the AJE a fixed fee for providing for all
~Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A. 1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, AJE will submit monthly
statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon A/E's estimate (and City Concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to AJE's monthly
statements,
EXHIBIT "B" I
Page 1 of 2
B. Summary of Fees
CONTRACT AMOUNT: The contract amount for the above professional services shall not
exceed $60,500, unless amended by the City. The City will make monthly payments based
on invoices submitted by the Engineer based on the following fee schedule:
a). Services by the Engineer will be paid at $60 per hour.
b) Services by the full time Inspector will be paid at $35 per hour.
c) The total estimate fee for the Engineer is computed as follows:
Contract and claims management...30 days @ 4hrs/day @
$60/hr ............................................................. $7,200
Construction Observation....5 hrs/wk, 26 wks, 130 hfs
$60/hr ............................................................ $7,800
d) The total estimated fee for the full time Inspector is computed as follows:
50 hm/wk, for 26 weeks, @$35/hr ...................... $45,500
The total contract amount is ........................................... $60,500
I EXHIBIT "B" I
Page 2 of 2
File : councilexh
CORPUS CHRISTI BAY ~N~
CiTY PROJECT NO. eoe2 EXHIBIT 'C"
C%TY COUNC%L EXHIBZT ~
SPUR 3, P~SE 2 IMPROVEMENTS - ENNIS ~ o~ ~N~,~,,~ s~c~s
U~LIN FROB ~ DRIVE TO S.P.I.D. P~eE: ~ o~ ~
CI~ OF CORPUS CHRISTI DATE: 02-~9-200~ ~
6
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 11, 2003
AGENDA ITEM:
Motion authorizing the Acting City Manager, or his designee, to execute Change Order
Number #1 with Garver Construction, LTD., in the amount of $354,287.50 for the Sanitary
Sewer Trunk Main Rehabilitation project.
ISSUE:
A change order is required to dean, televise and rehabilitate sewer trunk mains to
prevent sanitary sewer overflows in the Allison Wastewater Plant Treatment service
area. Additional lines in the Broadway Basin Wastewater service area will be cleaned
and televised in the Salt Flats and Ayers/Lawnview area to restore these lines to their
full capacity and prevent additional overflows that have occurred.
FUNDING:
Funding for this project is available in the FY 02-03 Wastewater Capital
Improvement Program.
CONCLUSION AND RECOMMENDATION:
Approval of the motion is recommended to award a change order to begin
televising, cleaning and rehabilitation of necessary sanitary sewer lines.
Foster Crowell,
Director of Wastewater Services
'Angel R. Escobar, P. E.,
Director of Engineering Services
Attachments:
Exhibit"A" Background
Exhibit "B" Location Map
H:~HOME~.YNDAS\GEN\Wastewater~7144-45-75 - CIPP HDR\CO~I~Iemo. DOC
BACKGROUND INFORMATION
SUBJECT: Sanitary Sewer Trunk Main Rehabilitation
PRIOR COUNCIL ACTION:
1. March 28. 2000 - Motion authorizing the City Manager, or his designee, to execute
an engineering services agreement with HDR Engineering, Inc. fora total fee notto
exceed $396,574 for the Sanitary Sewer Trunk Main Rehabilitation as follows:
~' West Point/Greenwood Trunk Main Rehabilitation
~' Staples Street Trunk Main Rehabilitation
~ Omaha Street Trunk Line Rehabilitation
~. Antelope 24-Inch Trunk Main Rehabilitation
~ Infiltration/inflow Related Collection System Enhancement Program:
i. South Staples from Saratoga Boulevard to Timbergate;
ii. Timbergate from Staples Street to Opengate; and
iii.Cimmaron Boulevard from Saratoga Boulevard to south of Lipes
Boulevard J. Motion No. M2000-096).
2. March 28, 2000 - Motion authorizing the City Manager, or his designee, to execute
an Agreement for Construction Materials Engineering Laboratory's Inspection and
Materials Testing Services with Trinity Engineering Testing Corporation for a total
fee not to exceed $21,800 for the Sanitary Sewer Trunk Main Rehabilitation as
follows:
~ West Point/Greenwood Trunk Main Rehabilitation
~ Staples Street Trunk Main Rehabilitation
~' Omaha Street Trunk Line Rehabilitation
~ Antelope 24-Inch Trunk Main Rehabilitation
(Motion No. M2000-097).
Auaust 20, 2002 - Motion authorizing the City Manager, or his designee, to execute
a construction contract with Garver Construction, Ltd. in the amount of
$3,579,822.50 for the Sanitary Sewer Trunk Main Rehabilitation.
December 17, 2002 -Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
PRIOR ADMINISTRATIVE ACTION:
1. May 16, 2000 - Executed Amendment No. 1 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $14,412, for a total
restated fee of $410,986.
2. Auaust 7, 2001 - Executed Amendment No. 2 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation i n t he a mount o f $ 7,110, f or a total
restated fee of $418,096.
3. Februa 28_. 28~- Executed Amendment No. 3 with HDR Engineering, Inc. for the
Sanitary Sewer Trunk Main Rehabilitation in the amount of $10,500, for a total
restated fee of $428,596.
IEXHIBIT "A" I
Page 1 of 2
PRIOR ADMINISTRATIVE ACTION: (continued}
March 6, 2002 - Executed Amendment No. 4 with HDR Engineering, Inc. for the
Sanitary Sewer T nJnk Main Rehabilitation i n t he a mount o f $ 3,250, for a total
restated fee of $431,846.
FUTURE ADMINISTRATIVE ACTION: Change Order #2 will included a deduct of
$121,600 for the CIPP Rehabilitation of Staples Street Sewer Line. Only a limited amount
of the lines in this contract were televised pdor to the project being bid. Therefore the
actual condition of the lines was largely unknown. Approximately 90% of the Staples
Street line has been cleaned and televised. The structural condition of the line is such that
the specified liner thickness is not warranted. The contractor has agreed to a price
reduction of $10.00 per linear foot. This will result in a cost savings of $121,600 for this
line. As the other line segments are cleaned and televised, their structural condition will be
evaluated. If in acceptable condition, the reduced liner thickness will be installed with the
attendant cost savings.
PROJECT BACKGROUND: The City's Wastewater Department has experienced a
number of cave-ins, blockages, and settlements on several sanitary sewer trunk mains
throughout the city. Short-term emergency repairs have been completed to correct these
deficiencies. However, to address these problems with long-term solutions, rehabilitation
to the critical mains is required to repair or replace those in most need. The proposed
change order will provide for sanitary sewer trunk main televising, cleaning and
rehabilitation at several locations.
CHANGE ORDER DESCRIPTION:
ALLISON WASTEWATER TREATMENT PLANT SERVICE AREA LINES:
As part of the ongoing process of evaluating the City's trunk mains, two segments of the
Allison Trunk main have been identified as being in poor condition. An emergency repair
was made to one of the segments approximately one year ago. The contractor has
provided a price of $280,357.50 to clean, televise, and rehabilitate these two line segments
along with the 4 adjacent manholes. Rehabilitation of these line segments will reduce the
likelihood of sanitary sewer overflows in this area during wet weather conditions.
SALT FLATS AND AYERS/LAWNVIEW TRUNK MAIN CLEANING
Sanitary sewer overflows have occurred in the Broadway Basin Service Area in the vicinity
of the 36-inch diameter Salt Flats Trunk Main and in the area tributary to the 12-inch
diameter Ayers/Lawnview Trunk Main. Cleaning and televising these lines will restore
these lines to their full capacity and will provide information on their structural condition so
that they can be appropriately rehabilitated as necessary. The contractor has provided
prices of $61,010 for the Salt Flats line and $12,920.00 for the Ayers/Lawnview lines.
IEXHIBIT "A" I
Page 2 of 2
\ Mpr oject \ councilexhibi ts \ exh 7280,81,82.dwg
SQn PQtrlclo County
ALLZb'ON SERVZCE AREA
N
NUECES BAY
FLATS TRUNK I~AZN
Nueces County
/LAI~IVZEW TRUNK 14AZN
CORPUS CH~S~ BAY
LAGUNA
MADRE
GULF OF
MEXICO
PROJECT LOCATT_ON t4AP
NOT TO SCALE
PROJECT NO. 7280, 7281, 7282
SANITARY TRUNK MAIN REHABT. L T_ TATT_ON
CITY OF CORPUS CHRISTI, TEXAS
EXHZB_TT "~"
CZTY COUNCZL EXHZBT. T ~
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I ol' I
____--.,-
DATE: 05/07/2003 ~
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 11, 2003
AGENDA ITEM:
Resolution authorizing the Acting City Manager, or his designee, to execute a Local
Transportation Project Advanced Funding Agreement using an in-kind contribution
(Real Property $400,00.00) as the local match for the Bay Trail Phase 3 project.
ISSUE: Council approval of a resolution authorizing the execution of the Advanced
Funding Contract is necessary for the Highway Commission to authorize the release of
funding for the Bay Trail Phase 3 project. This will extend the hike and bike trail along
the Cayo del ese from South Padre Island Drive to Holly Road and from the end of
Holly Road to the railroad trestle.
FUNDING: Coastal Bend Bays and Estuaries Foundation has committed to provide
$400,000 cash for land acquisition which will be used as the local match.
CONCLUSION AND RECOMMENDATION: Approval of the resolution as presented.
!
~ng~l R. Escobar, P.E. Date
Director, Engineering Services
Director, Parks and Recreation
Attachments:
ixhi.bi.t _A: Back(~round nformation
xX~l~tt ~:l It : Frole.(;t~°a'sla'l-'Be'nd .Bays & Estuaries Letter~[~pget
x i it : Location Map
H:\HOME~KEVINS\GEN~PARKS\BAYTRAIL\Phase3V~gendaMemoAdvFunding.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: TxDOT Advanced Funding Agreement- Bay Trail, Phase 3
Project No. 3229
BACKGROUND:
The proposed Bay Trail Phase 3 provides a unique addition to the Corpus Christi
community. In addition to providing pedestrian and bicycle modes of travel to schools,
parks, and shopping areas, the location provides opportunities for pedestrians and
bicyclists to view the City's diverse natural habitat and wildlife. The area is also noted for
its amheological sites, wetlands, and as part of one of the County's largest drainage basin.
Phase 3 will begin at South Padre Island Ddve and connect to the closed section of the
Holly Road right-of-way. Phase 3 includes the construction of a connecting trail to link the
railroad bridge and the end of the pavement on Holly Road. Property acquisitions include
land owned by the Naval Air Station and two pdvate individuals. The Naval Air Station will
convey a permanent forty-foot easement to the City of Corpus Christi for the project. The
remaining property for the trail will be acquired from the property owners fee simple and
through donation. The owners are supportive of the project and have agreed to negotiate
the terms of the sale. Acquisition must occur after the approval of the Advanced Funding
Agreement to allow the land to used for the required local matching funds.
Additional property will be acquired for future phases of Bay Trail and for preservation of
wildlife and natural vegetation unique to the Cayo del Oso.
Phase 3 will provide for the construction of some 4,400 linear feet of ten-foot wide concrete
sidewalk/bike trail, signage, bollards, reflective pavement markings, water piping,
electrical/telephone conduit, two pedestrian bridges, and other improvements.
PRIOR COUNCIL ACTION:
May 3, 2001 - Resolution authorizing the City Manager or his designee to submit
a grant application to the Texas Department of Transportation in the amount of
$1,462,032 for a Statewide Transportation Enhancement Program Grant to
construct Bay Trail Phase 3 (Resolution No. 024439).
December 17, 2002 - Ordinance Adopting the FY 2002 - 2003 Capital Budget and
Capital Improvement Planning Guide which included Bay Trail, Phase 3, as Park
and Recreation Project No. 44 (Ord. # 025144).
H:\HOM E\KEVIN S\G E N\PARKS\BAYTRAIL\Phase3~Agenda Bkg ExhA.doc
Exhbit A
Page 1 of 2
ACTION TAKEN:
TxDOT requested the Advanced Funding Agreement be executed and retumed to them
to permit delivery to Austin on Wednesday, Mamh 5, 2003. They also requested Council
approve a resolution authorizing the Advanced Funding Agreement, which could be
delivered after the next available Council meeting. The advanced funding agreement was
signed and returned to TxDOT as requested. Staff execution of the agreement was based
on:
· the May 3, 2001 resolution;
· inclusion of the project in the FY2002-2003 Capital Budget; and
· the agreement does not require a cash payment to TxDot.
FUNDING:
The Coastal Bend Bays and Estuaries Program committed $325,000 for land acquisition
purposes prior to submission ofthe application resolution during May of 2001. The Coastal
Bend Bays and Estuaries Program increased their funding commitment to $400,000 in
November 2001. This funding provides the entire local match required by the Advanced
Funding Agreement. See Exhibit B
AGREEMENT:
The City is responsible for land acquisition, environmental assessments, mitigation, permits
and project design. The City will be reimbursed 80% of these services based on
compliance with the Local Government Project Procedures. The Advanced Funding
provides a budget of $85,000 for engineering services and $45,000 for environmental
services. TxDOT previously required the City to fund the cost of engineering and
environmental services. TxDOT also agreed to waive the City's share of fees for
engineering review and construction management. The City would be responsible for any
costs in excess of the project budget. See Exhibit C.
TxDOT will be responsible for letting the contract and managing the actual construction.
COMMUNITY SUPPORT:
The City has received the support of severai organizations and committees for this project.
They include:
· Corpus Christi Convention and Visitors Bureau
· Beautify Corpus Christi
· Coastal Bend Bays and Estuaries Program
· Coastal Bend Land Trust
· Corpus Christi Chamber of Commerce
· Naval Air Station Corpus Christi
· Water Shore Advisory Committee
· Park and Recreation Advisory Comittee
· Planning Commission
· Transportation Advisory Committee
· Metropolitan Planning Organization
Exhbit A
Page 2 of 2
H:\HOME\KEVINS\GEN\PARKS\BAYTRA[L\Phase3~AgendaBkgExhA.doc
Coastal Bend Bays & Estua es Program, Inc.
130S fL BhCl(lelble. 8Ultll ~mS, Cofl~$ CIL4st~, Texas 714~1. ~'1485-4~2 · 3614~83-.1801 (fax)
November 26, 2001
The Honorable Lloyd Neal
Cit~ of~ C~
P.O. l~x ~277
Carpus Christi, Tex~ 78469
Re: Bay Trail - TxDOT Grant Application
Deer Mayor Neal:
The C<~-tal Bend Baye & Estuark~ Program vmy much s~ the pm~ pm~al put
1o~ ~ ~ Ci~ ~ ~s ~ ~ ~ T~ ~ ~ Tmns~fl~ ~r ~ ~r
~ ~y Trna Pmj~ Ph~ IL Pm~ng ~o ~ a~ ~ ~b~ ~ a~ ~
~a~ ~C~ ~a p~ o~~,
Previouaty the CBBEP committed ~Lq25,000 for land eoqul$ilion to be used a~ local match for
TxDOT Grant. I am pleased to report ttmt the CBEIEP I~ Ir~ our funding corem#men!
total of $400,000 for Ibis pm~ect, sub}~ to TxDOT's approval of the apl~lic~tlon.
Sincerely,
Ray Allen
~ Dtre~
Exhibit B
Page 1 of 1 I
EXHIBIT C
PROJECT BUDGET ESTIMATE AND SOURCE OF FUNDS
ITEMIZED BUDGET
~ Quantity ~ Unit Price ~ Cost
Prelimlnar~ En~lineerin~l:
Work Activities: '
Preparation of PS&E 60,000.00 60,000.00
Surveying and testing 25,000.00 25,000.00
Total Preliminary Engineering Costs $85,000.00
Environmental Costs:
Work Activities: ~
Environmental mitigation 25,000.00 25,000.00
Environmental documentation 10,000.00 10,000.00
Environmental permitting 10,000.00 10,000.00
Total Environmental Costs $45,000,00
Real Property Costs:
Work Activities:
Appraisal for in-kind donations 3 2,000.00 6,000.00
Surveys 3 8,000.00 24,000.00
Purchase of 30 ft. easement (Hammonds prop) ~ 100,000.00 100,000.00
Purchase of 89 acre tract (Carr property) 375k donated ~ 0.00 0.00
Purchase of acre tract (Peterson property) 25k donated~ 54,000.00 54,000.00
Deed/Title searches 3 300.00 900.00
Transfer fees 3 500.00 1,500.00
Total Real Property Costs $186,400.00
Construction Costs:
Work Activities:
Embankment 2,271 cy 13.50 30,660.00
Excavation 1520 cy ~ 6.00 9,120.00
Removal of curb and gutter (SPID frontage road) II 20 If ~ 20.00 400.00
Mobilization 1 Is ~ 42,008.00 42,008.00
Barricades, signs, traffic handling 6 mo. 1,000.00 6,000.00
Small roadside sign assembly 20 ea. 15.00 300.00
Concrete sidewalk 10 ft. Wide 4,900 sy II 30.00 147,000.00:
Bollards II 6 ea. 1,300.00 7,800.00
Temporary security fence 300 If 5.50 1,650.00
Reflective pavement markings 4,378 ft. II 4.00 17,512.00
PVC pipe (water) 1-3" PVC 4,400 If 6.00 26,400.00
Chain link fence 1,950 If 20.00 39,000.00
Conduit (telephone, lights) 2-3" PVC 8,800 If 5.40 47,520.00
Exhibit C
Page 1 of 2
Pedestrian bridges 2 ea. 15,000.00 30,000.00
Temporar~ sedimentation fence 4,380 ea. 3.50 15,330.00
Remove chain link fence 1,800 If 6.00 10,800.00
Total Construction Costs ~ $431,500.00
TOTAL ITEMIZED BUDGET: $747,900.00
L Exhibit C l
Page 2 of 2
HIKE & BIKE TRAIL
ll
SITE MAP
NOT TO SCALE
BAY TRAIL PHASE 3 PROJECT
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 03/11/2003
w
LOCATION MAP
NOT TO SCALE
EXHIBIT T" I
RESOLUTION
AUTHORIZING THE ACTING CITY MANAGER OR HIS DESIGNEE
TO EXECUTE A LOCAL TRANSPORTATION PROJECT ADVANCED
FUNDING AGREEMENT USING AN IN-KIND CONTRIBUTION (REAL
PROPERTY VALUED AT $400,000.00) AS THE LOCAL MATCH FOR
THE BAY TRAIL PHASE 3 PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Section 1. The Acting City Manager or his designee is authorized to execute a Local
Transportation Project Advanced Funding Agreement using an in-kind contribution (Real
Property valued at $400,000.00) a~ the local match for the Bay Trail Pha~e 3 project.,
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: .~' DAY OF
/~rhn P-. Burke, ,Ir.
~Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
,2oo
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March tl, 2003
AGENDA ITEM:
Motion authorizing the Acting City Manager, or his designee, to implement the
participation agreement between the City and Braselton Land Ventures, Inc, in the
amount of $90,517.10 for the construction of an 18-inch sanitary sewer force main.
ISSUE:
The planned route for the Buckingham Lift Station 18-inch Sanitary Sewer Force
Main, will cross the Village at Dunbarton Oaks Unit III Subdivision. It is in the City's
best interest to enter into a participation agreement with the developer to complete
sewer work in advance of completion of the subdivision. This will avoid subsequent
infrastructure work which would be disruptive and involve additional cost associated
with pavement and other surface repair of the subdivision.
FUNDING:
Funding for this project is available in the FY 02 -03 Wastewater Capital
Improvement Program.
CONCLUSION AND RECOMMENDATION:
Approval of the participation agreement is recommended to award a contract to
begin construction phase services.
Foster Crowell,
Director of Wastewater Services
Attachments:
Exhibit "A" Background
Exhibit"B" Participation Agreement
Exhibit "C" Location Map
H:~HOME~YNDAS~GEN~Wastewater~7117 - Buckingham LI~ Station~Pmtictpatlon AgreementflVlerno. DOC
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: The Village at Dunbarton Oaks, Unit 3 - 18" Sanitary Sewer Force Main
(Project #7283)
PRIOR COUNCIL ACTION:
1. February 22. 2000 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract with Coym, Rehmet, Gufierrez
Engineering, Inc. in the amount of $37,306 for engineering services associated with
the Buckingham Estates Lift Station project. (M2000-050)
2. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
PRIOR ADMINISTRATIVE ACTION: None
FUTURE COUNCIL ACTION: Council will be requested to authorize the necessary
construction contracts for the upgrade of the Buckingham Estates Lift Station and
remainder of the force main.
PROJECT BACKGROUND: Buckingham Estates Lift Station is located at the intersection
of South Staples and Yorktown Boulevard. Currently, it does not have adequate reserve
pump capacity and must be upgraded to accommodate growth on the south side of the
City. A design contract was awarded in February 2000, land acquisition is in process and
construction is anticipated to begin next fiscal year on improvements to the existing lift
station and the construction of an 18-inch diameter dual force main.
A portion of the Buckingham Lift Station force main is scheduled to be constructed through
the Village at Dunbarton Oak Unit 3, a development proposed by Braselton Land Ventures,
Inc. Since the developer's subdivision improvements will precede the City's project, there
are mutual benefits to the City and the Developer if the force main improvements proceed
at this time. Under this participation agreement, a portion of the 18-inch diameter force
main will be constructed under Dunbarton Oak Ddve, a street extension proposed by the
Developer.
PARTICIPATION AGREEMENT: A participation agreement is attached as Exhibit 'B".
EXHIBIT "A"
Page I of I
SEWER PARTICIPATION AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas
Home-Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277,
hereinafter called "City" and Braselton Land Ventures, Inc., a Texas Corporation, c/o
Urban Engineering, 2725 Swantner Dr., Corpus Christi, Nueces County, Texas 78404,
hereinafter called "Developer".
WHEREAS, Developer in compliance with the City's Platting Ordinance, has
filed a plat to develop a tract of land of approximately 8.3 acres called The Village at
Dunbarton Oaks Unit 3, hereinafter called "Development". The development site is
situated south of Saratoga Boulevard, west of Cimmaron Drive and East of Patti Drive, as
shown on the attached Exhibit 'A', and
WHEREAS, the Developer has commenced construction on infrastructure and
related site improvements in accordance with City approved construction plans and
specifications, and
WHEREAS, the City has authorized the design of an unrelated City wastewater
project (City Project No. 7117) consisting of improvements to the Buckingham Lift
Station, located at the southwest comer of Staples Street and Yorktown Boulevard, and a
related 18-inch diameter sanitary sewer fome main, approximately three miles in length,
as shown on Exhibit 'B', and
WHEREAS, the construction of the Buckingham Lift Station and related 18-inch
diameter force main are scheduled for late 2003 or early 2004, and
WHEREAS, a 1,533-foot portion of the 18-inch diameter force main requires
installation through the Village at Dunbarton Oaks Unit 3, and
WHEREAS, the construction of The Village at Dunbarton Oaks Unit 3
improvements will precede the construction of the City's Project No. 7117, and
WHEREAS, the developer will provide a permanent easement for the City's 18-
inch diameter force main, through the City's platting process, and
WHEREAS, it is in the best interest of the City and the Developer for a portion
of the 18-inch diameter force main be constructed along with the Developer's project at
this time;
Sewer Participation Agreement
Buckingham Lift Station Force Main Through l)unbal~n Oaks Unit 3
Page 1 of 4
EXHIBIT "B"
Page 1 of 4
NOW, THEREFORE, for and in consideration of the mutual covenants herein
exchanged to be kept and performed, the parties do hereby covenant, and agree as
follows:
REQUIRED CONSTRUCTION
a. The Developer will constntct a portion of the City's Project No. 7117 18-inch
diameter force main through the Development, in accordance with the plans and
specifications approved by the City Engineer, and in compliance with the City's Platting
Ordinance.
PLANS AND SPECIFICATIONS
a. The City will prepare plans and specifications for a portion of the 18-inch
diameter force main that requires construction through the Development, through its
consultants.
SITE IMPROVEMENTS
a. The Developer will construct the 18-inch diameter force main through the
Development prior to completing the balance of the site improvements required for the
development.
b. The Developer will dedicate easements and street fight-of-way for the
proposed 18-inch diameter force main prior and for the Development through the City's
platting process.
c. Prior to accepting the public improvements for permanent maintenance, the
Developer will file the Development plat in accordance with the City's Platting
Ordinance.
CONSTRUCTION CONTRACT AWARD BY DEVELOPER FOR
IMPROVEMENTS
a. The Developer will award a construction contract and complete the 18-inch
diameter force main improvements as soon as practical and in accordance with approved
plans and specifications.
REIMBURSEMENT
a. The City will reimburse the Developer 100% of the cost of the 18-inch
diameter force main improvements, not to exceed $90,517.10.
b. City further agrees to properly reimburse the Developer on a monthly basis
Sewer Participation Agreement
Buckingham Lift Station Force Main Through Dunbarton Oaks Unit 3
Page 2 of 4
EXHIBIT "B"
Page 2 of 4
and upon invoicing for work performed. Such reimbursement shall be made no later than
30 days from the date of the invoice. Developer is to submit all required performance
bonds in accordance with applicable laws.
NOW THEREFORE, for and in consideration of said City participation for
sanitary sewer force main improvements through the Development, the City and
Developer further agree as follows:
1. Developer shall indemnify and hold harmless the City, its agents, officers
and employees ("Indemnities") from all suits, actions or claims and from all liability for
any and all injuries or damages sustained by any person, including without limitation
workers compensation, personal injury or death, arising from or incident to this lift
station and force main construction. To the extent allowed by law, the City will
indemnify and hold harmless the Developer from any and all liability for any injuries or
damages as a result of the installation and construction of the 18-inch diameter force
2. Developer further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of
Ownership Interests form attached hereto as Exhibit 'C'.
3. This agreement shall become effective and shall be binding upon and shall
insure to the benefit of the parties hereto and their respective heirs, successors, and
assigns from and after the date of execution.
EXECUTED IN DUPLICATE originals, this
2003.
day of .,
ATTEST:
THE CITY OF CORPUS CHRISTI
City Secretary
George K.Noe, Acting City Manager
APPROVED:
__ day of
,2003
DEVELOPER:
BRASELTON LAND VENTURES,
INC.
By:.
Assistant City Attorney
Fred Braselton, President
Sewer Participation Agreement
Buckingham Lift Station Force Main Through Dunbar~on Oaks Unit 3
Page 3 of 4
EXHIBIT "B"
Paae 3 of 4
STATE OF TEXAS
COUNTY OF NUECES
This inslrument was acknowledged before me on , 2003, by
George K. Noe, Acting City Manager of the City of Corpus Christi, Texas, a Texas
home-role municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on 2003, by
Fred Braselton, President of Braselton Land Ventures, Inc., a Texas Corporation, on
behalf of said corporation.
Notary Public, State of Texas
Sewer Participation Agreement
Buckingham LiR Station Force Main Through Dunbarton Oaks Unit 3
Page 4 of 4
EXHIBIT "B"
Page 4 of 4
EXHIBIT "C"
Page 1 of 2
i
18' C-90~
Pvc FORCE ~
ii
VICINITY MAP
I EXHIBIT FOR SANITARY I
SEWER FORCE MAIN I
PARTICIPATION AGREEMENT I
EXHIBIT "C"
Page 2 of 2
9
CiTY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3/11/2003
AGENDA ITEM:: Motion authorizing the Acting City Manager, or designee, to execute a
contract with Inwood Contracting, Inc., dba Trailer Trash, guaranteeing the annual delivery
of specific tonnage of acceptable waste to the J. C. Elliott Landfill for a specified fee, for a
period not to exceed the life to the J. C. Elliott Landfill.
ISSUE: To enter into an obligatory "Put or Pay~ contract with Commercial Solid Waste
Haulers delivering acceptable waste to the J. C. Elliott Landfill for disposal.
REQUIRED COUNCIL ACTION: Approve contract as submitted by staff
PREVIOUS COUNCIL ACTION: Council has previously approved four (4) Put or Pay
contracts with other commercial haulers (BFI, Captain Hook, Sixteen Services, and most
recently Dawson Recycling).
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Approve contract(s) as submitted.
Director, Solid Waste Services
Attachments: copy of Contract
BACKGROUNDINFORMATION
With the acquisition and anticipated development of the Cef(~ Valenzuela landfill it is
necessary to have a consistent flow of solid waste tonnage to develop a sound business
plan for the project. Additionally, competition for solid waste in the Coastal Bend COG
from competing landfills in San Antonio and Robstown had resulted in a decline in solid
waste tonnage with a resulting revenue loss. The Solid Waste Staff worked assiduously to
establish an instrument that is beneficial to both the Commemial Solid Waste Hauler and
the Solid Waste Services Department. Two alternative versions of the contract were
approved by Council in 2001. One provides for a guaranteed annual volume of acceptable
waste. The other provides for delivery of all waste collected by the hauler within the
boundaries of the Coastal Bend Council of Governments. Inwood Contractors, Inc., dba
Trailer Trash, has chosen to accept the delivery of all waste collected within the boundaries
of the COG. The contract will continue our efforts to stabilize waste volumes at J. C. Elliott
Landfill in preparation for future development at the CefO Valenzuela Landfill.
CONTRACT SUMMARY:
The charge to the permitted hauler will be $19.50 per ton plus state fees. The haulers are
billed monthly. There will be penalties for late payments.
The agreed rates are available only to authorized permitted haulers who have been
permitted for at least 12 months.
The contract with Inwood Contractors, Inc., dba Trailer Trash, guarantees the disposal of
all solid waste collected, which is based on delivering 100% of the tonnage brought to the
J. C. Elliott Landfill and the surrounding COG counties in 2002-2003.
The length of the contract is tied to the life of the J. C. Elliott Landfill and will help in
determining disposal calculations for the new Cef~ Valenzuela Landfill.
The City will give all permitted haulers utilizing the J. C. Elliott Landfill a 12 months notice
of the anticipated closing of the landfill.
A permitted hauler may partner or form a co-op with smaller haulers, but will be required to
identify those haulers and provide the names and tonnage of each to establish base
tonnage. Assignment to another representative of a permitted hauler must be approved by
the City.
The City reserves the right to direct contracted haulers to an onsite transfer station to
minimize traffic on the working face of the landfill.
The City reserves the right to enact fees and ordinances for the purpose of collecting costs
attributed to the use of the landfill, adjacent city thoroughfares, and permits for the safe use
and operation of waste generated or transported within the City limits.
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3/11103
AGENDA ITEM:
Item A: Motion authorizing the City Manager, or his designee, to accept a contract with the Coastal
Bend Council of Governments - Area Agency on Aging/Direct Purchase Vendor Agreement with the
Senior Companion Program for fiscal year 2003, in the amount of $50,000.
Item B: Ordinance appropriating resources in the amount of $50,000 in anticipated funds from the
Coastal Bend Council of Governments - Area Agency on Aging/Direct Purchase Vendor Agreement
in the No. 1050 Federal/State Grants Fund for the Senior Companion Program.
ISSUE: The City of Corpus Christi provides specialized in home services to clients with
Alzheimer's or related diseases through the Park and Recreation/Senior Community Services/Senior
Companion Program. Funding for these programs is provided through a Direct Purchase Vendor
Agreement with the Coastal Bend Council of Governments - Area Agency on Aging and must be
formally accepted and appropriated each year. Authorization for the program grant will be for the
period October 1, 2002 through September 30, 2003.
REQUIRED COUNCIL ACTION: Council authorization to accept and appropriate funds from the
Direct Purchase Vendor Agreement with the Coastal Bend Council of Governments -Area Agency
on Aging.
PREVIOUS COUNCIL ACTION: Council authorization to accept and appropriate funds were
granted in FY02
FUNDING: Direct Purchase Vendor Agreement with the Coastal Bend Council of Governments -
Area Agency on Aging
CONCLUSION AND RECOMMENDATION:
Council authorization requested to accept and appropriate funds from the Direct Purchase Vendor
Agreement with the Coastal Bend Council of Governments -Area Agency on Aging.
Daniel L. Whitworth, Director
Park and Recreation Department
Attachments:
BACKGROUNDINFORMATION
The Senior Companion Program (SCP) assists low-income volunteers 60 years and over who are willing to
serve as companions to homebound and elderly persons in the community. The Companions assist homebound
individuals with daily living tasks, such as meal preparation, respite care, grocery shopping and light
housekeeping. Their assistance allows homebound clients to remain in their homes, delaying
institutionalization. Companions receive a stipend of $2.65 an hour, a $1.50 meal reimbursement and either
mileage reimbursement or bus tokens. These benefits assist approximately 90 Companions financially and
allow them to become more involved in the community.
CONTRACT SUMMARY
The Direct Purchase Vendor Agreement with the Coastal Bend Council of Governments - Area
Agency on Aging states that the City of Corpus Christi Senior Companion Program will provide in-
home care and respite services referred by the Area Agency on Aging on a requested basis. The
services will be reimbursed at the unit rate of $5.50 per hour of service. The vendor agreement
period is from October 1, 2002 through September 30, 2003.
ORDINANCE
APPROPRIATING $50,000 IN ANTICIPATED FUNDS FROM THE
COASTAL BEND COUNCIL OF GOVERNMENTS-AREA
AGENCY ON AGING/DIRECT PURCHASE VENDOR
AGREEMENT IN THE NO. 1050 FEDERAL/STATE GRANTS
FUND FOR THE SENIOR COMPANION PROGRAM; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $50,000 is appropriatexl in anticipated funds from the Coastal
Bend Council of Governments-Area Agency on Aging/Direct Purchase vendor agreement
in the No. 1050 Federal/State Grants Fund for thc Senior Companion Program.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect upon
first reading as an emergency measure this the day of ., 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: March 4, 2003
Lisa Aguilar 0
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
11
ORDINANCE STATUS
Second Reading Ordinance - Amending Code of Ordinances Section 53-Traffic, Section
53-84, Project Eligibility Requirements and Design Standards, by adding
discretionary language to the Guidelines for Location of Traffic Calming Devices;
providing for severance; and providing for publication.
March 4, 2003
Passed: 8-0
(John LongoHa - Absent)
March 11, 2003
(None)
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: February 18, 2003
AGENDA ITEM:
Ordinance Amending the Code of Ordinances Chapter 53 - Traffic, Section 53-84,
Project Eligibility Requirements and Design Standards, by Adding Discretionary
Language to the Guidelines for Location of Traffic Calming Devices; Providing for
Severance; and Providing for Publication.
ISSUE: The ordinance as drafted requires the city traffic engineer to consider and
comply with several factors in the location of speed humps. These factors have
resulted in the inability to place the number of eligible speed humps on certain streets
and in one or two cases prevented any speed humps from being installed.
FUNDING: The ordinance amendment requires no expenditure of funds.
CONCLUSION AND RECOMMENDATION: Approval of the ordinance as presented.
~g)F-~ngel R.'Escobar, P.E. ' Date
Director, Engineering Services
Attachments:
I~xhi.bi.t ~A: B_.aq~(ground Information
XnlDl~ U: t.)ralnance
H:\HOME',KEVINS\GEN\TrafficEngr~Ord-TrfCalmAgendaMemo.doc
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Location of Traffic Calming Devices - Ordinance Amendment
PRIOR COUNCIL ACTION:
APril 29. 1998 - Ordinance authorizing the installation of residential traffic calming
devices, establishing eligibility requirements, project prioritization, citizen cost
participation, design requirements and study processes (Ord. # 023289).
July 23, 2002 - Ordinance Adopting the FY 2002 - 2003 Annual Budget which
provided funding for the operation of the residential traffic calming program (Ord. #
O24974).
BACKGROUND:
The ordinance is very specific in its language governing the placement of speed humps.
This has made the placement of speed humps difficult on certain streets. The ordinance
presently mandates that speed humps:
Cannot be located in front of a driveway or within 100 feet of an intersection;
· The first speed hump in a series must be installed downstream within 200 feet of a stop
sign;
· Cannot be located over, or contain manholes or be adjacent to fire hydrants or
driveways;
· Must be located downstream of drainage inlets or have special treatment;
· Be located on property lines rather than directly in front of a residence; and
· The property owner must concur with the placement adjoining his/her property.
These factors have resulted in the number of speed humps actually installed being less the
number for which certain streets were otherwise eligible. Staff has also had occasional
difficulty identifying locations on a street that meet the criteria.
APPEAL:
The proposed amendment is the result of a 2002 appeal of the decision to allow only one
speed hump on Gold Ridge Drive. During the course of the required traffic study, it was
determined that the ordinance precluded installation on Gold Ridge Drive, with the
exception of one location. The ordinance also requires the concurrence of the adjoining
property owner prior to installation. The City Legal Department determined that the
ordinance did not permit staff discretion in the placement of speed humps.
This resulted in an appeal to the Transportation Advisory Committee on August 26, 2002.
Exhbit A 1
Page 1 of 2
H:\HOM E\KEVlNS\GEN\TrafficEngr~Ord-TrfCalmAgendaBkgExhA.doc
The Transportation Advisory Committee granted the appeal allowing two speed humps to
be placed on Gold Ridge Ddve. The Committee asked if this would set precedence for
future similar cases. As the ordinance would continue to prohibit staff from using
discretion, the Committee directed staff to develop a proposed amendment that would give
staff discretion in the placement of speed humps.
TRAFFIC ADVISORY COMMITTEE RECOMMENDATION:
The proposed amendment was present to the Transportation Advisory Committee on
January 27, 2002. The Transportation Advisory Committee endorsed the proposed
amendment giving the Traffic Engineer discretion to make adjustments.
Exhbit A
Page 2 of 2
H:\HOME~KEViNS\GEN\TrafficEngr~Ord-TrfCalmAgendaBkgExhA.doc
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES CHAPTER 53-
TRAFFIC, SECTION 53-84, PROJECT ELIGIBILITY
REQUIREMENTS AND DESIGN STANDARDS, BY ADDING
DISCRETIONARY LANGUAGE TO THE GUIDELINES FOR
LOCATION OF TRAFFIC CALMING DEVICES; PROVIDING
FOR SEVERANCE; AND PROVIDING FOR PUBLICATION.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
mending Chapter 53-Traffic, Section 53-84, Project eligibility requirements and design
standards, by adding discretionary language to the guidelines for location of traffic
calming devices.
CHAPTER 53 TRAFFIC
ARTICLE ~. TRAFFIC-CONTROL DEVICES
D~SION 2. ~S~ENTI~ TRAFFIC C~M~G DEVICES
Sec. 53-84.
(3)
Project eligibility requirements and design standards.
Design standards for speed humps.
c. The following points :~.a!! will be considered when locating speed
humps (or other traffic calming device).-' but may be adiusted at the
discretion of the city traffic engineer due to local circumstances in
each case.
1. Speed hump will not be located in front ora driveway or within
an intersection. Speed humps will not be located within one
hundred (100) feet of an intersection.
2. The first hump in a series should be installed within
approximately two hundred (200) feet downstream of a stop
sign.
3. Speed humps will not be located over, or contain, manholes or
be located adjacent to fire hydrants or driveways.
4. For humps located near drainage inlets, the hump will be
placed just downstream of the inlet. If this is not feasible,
Exhibit B
Page 1 of 3
special treatment must be considered for drainage.
5. If possible, humps will be located on property lines rather than
directly in front of a residence.
6. The advantage of existing or potential street lighting should be
taken into account when determining hump locations.
Traffic control: Traffic control consisting of signs, pavement
markings and enhanced street lighting should be provided to advise
roadway users of a speed hump's presence and to guide their
subsequent action. Traffic signs and pavement markings shall
conform to the Texas Manual of Uniform Traffic Control and
Devices (MUTCD) standards.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision hereof be given full force and effect for its purpose.
SECTION 3. Publication shall be made one time in the official publication of the City
of Corpus Christi as required by the City Charter of the City of Corpus Christi.
Exhibit B ]
Page 2 of 3
12
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: March 11, 2003)
Case No.: 0103-02~ Morteza Shafinury: A change of zoning from an "R-lB" One-family Dwelling
District and "AB" Professional Office District to a "B-I" Neighborhood Business District on Airline Subdivision,
Block B, Lots 1, 4, and 5, located on the east side of Airline Road and on the north side of Lyons Street.
Planning Commission and Staff's Recommendation (01/15/03): Approval of the "B-I' District
on Lot 1 and denial of the "B-I" District on Lots 4 and 5.
Requested Council Action: Approval ofa"B-l"Neighborhood Business District on Lot 1 and denial of
the "B-I" Neighborhood Business District on Lots 4 and 5 and adoption of the attached ordinance.
Purpose of Reauest: To develop a shopping center.
Summary: The applicant has requested a change of zoning from "R-lB" One-family Dwelling District and "AB"
Professional Office District to a "B-I" Neighborhood Business District in order to develop a shopping center.
Specific shopping center development plans were not available at the time of application submittal.
The subject property consists of three (3) lots totaling 0.72 acre. Lot 1 zoned an "AB" Professional Office Disffict is
a 0.30 acre lot fronting Airline Road, an arterial roadway. Lots four (4) and five (5) zoned "R-lB" One-family
Dwelling District are 0.21 acre lots each, fronting Lyons SUreet, a local roadway. Commercial development and
rezoning of property to the "B-I" Neighborhood Business DisWict has been limited to the Airline Road frontage.
Rezoning Lot I that fronts Airline Road to "B-I" would be an expansion of the existing "B-I" District to the north,
south and west. Expanding the "B-I" District to Lots 4 and 5 fronting Lyons Street would allow commercial traffic
to traverse and adversely impact the residential area. Access to the proposed shopping center could be provided
from Airline Road and Lyons Street. A standard screening fence with a height of not less than six (6) feet is required
when a commercial use locates adjacent to a residential district. A change of zoning to a "B-I" District on Lot 1
would require a fence along the east property line. Changing the zoning on Lot 1 and Lot 4 to a "B-I" DishSct would
require a fence on the east property line of Lot 4 only. All three (3) lots changed to the "B-I" District would require
fencing of the east property line of Lot 5 only. The Southside Area Development Plan's future land use map
recommends that Lot 1 develop as commercial and Lots 4 and 5 remain zoned a "R-lB" One-family Dwelling
District. By retaining the "R-lB" District on Lots 4 and 5, the residential character of the area is maintained and
commercial traffic traversing the residential area is minimized.
ADolicant's Position: The applicant does not concur with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, twenty-one notices were mailed to the property owners within
a 200-foot radius, of which four (4) were returned in favor and none were returned in opposition. Two (2) notices
were received in favor from outside the notification area. The 20% rule is not in effect at the City Council
hearing.
Michael N. Gumting, AICP ~
Director of Planning
MG/FGM/er
Agenda Memorandum
Case No. 0103-02 (Morteza Shafinury)
Page 2
Attachments:
1 ) Zoning Repor~
2) Comments Received
3) Planning Commission Minutes
4) Ordinances
H:~PLN-DIR~ERMA\WORD~AGENDMEM~0103-02AGENDAMEMO.DOC
INTEROFFICE MEMORANDUM
TO.
FROM:
SUBJECT:
DATE:
MAYOR AND CITY OOUNCIL
MICI-IAEL N. GUNNING, P~ DIRECTOR
MORTEZA SHAFINURY REZONING CASE - 0103-02
03/05/03
On January 15, 2003, pla~nlng Commission held a public hearing on Motteza Shafinury rezoning
request for a change of zoning from "R-lB" One-family Dwelling District and "AB" Professional
Office District to a "B- 1" Neighborhood Business District in order to develop a shopping center. At
the planning Commission public hearing, neither Mr. Shafinury nor a representative were in
attendance. Pla~nlng Commission voted and approved staff's recordation to approve the
"B- 1' District on Lot 1, fronting Airline Road and denial of the "B- 1' District on Lots 4 and 5 with
frontage on Lyons Street. On January 16, 2003, the Planning Department notified Morteza
Shafinury of the Planning Commission action by mail.
On January 20, 2003, Mr. David Berlanga, Planning Commission Chairperson, received a letter
from Attorney Charles W. Cromwell, representing Motteza Shafmury, stating that his client did not
attend the Phnning Commission public hearing due to failure of notification by the Planning
Departmem. Mr. C~o~uwell requested that the Planning Commission reconsider their prior action.
planning Department records indicate that Mr. Shafinury was made aware of the Planning
Commission hearing date at the time of application submittal, by a notice mailed on January 3, 2003,
and by a telephone n~ssage on the day of the meeting.
The request for reconsideration was placed on the planning Commission agenda for the January
29, 2003 meeting.
On January 29, 2003, at the Planning Commission public hearing, Morteza Shafinury did not
appear at the meeting. The Planning Commission denied reconsideration of their prior action.
Staff proceeded in scheduling the Moxteza Shafinury rezoning case to the March I1, 2003 Oty
Council public hearing. The Planning Director has since met with Mr. Shafinury on the subject site
and in his office to discuss development plans. Morteza Shafinury submitted a preliminary site plan
for staff review and a revised ske plan on March 5, 2003.
Mr. Shafinur7 is requesting that Oty Council approve a "B-i" District on Lots 1, 4, and 5 or
approve a "B- 1' District on Lots 1 and 4 with a Special Permit on Lot 5 for parking and landscaping.
Planning Commission recommended a change of zoning to a "B-l" District for Lot 1 and denial of
the "B-l" District for Lots 4 and 5. The Commission did not have the oppoxtunity to consider the
applicant's current proposal.
Atxachmem
H:~PLN-DIR~ERMA\WORD~ZONRPTS~2003~SHAFIN URYREZM EM 1 ,DOC
RECEIVED
HAR 0 5 2003
CITY OF COR'PUS ~HRISTI
PL,~NN!NG AND DEVELOPMEN'7
Case No.:
Planning Commission
Hearln~ Date:
Map No.:
Applicant:
Legal Description/Location:
CITY COUNCIL
ZONING REPORT
0103-02
January 15, 2003
G16B
Morteza Shafinury
Airline Subdivision Unit 3, Block B, Lots 1, 4, and 5, located on the east side of Airline Road and
north of Lyons Street.
Area of Request:
Lot 1 - 13,374.624 square feet, 0.30 acre
Lot 4 - 9,301.60 square feet, 0.21 acre
Lot 5 -9,301.60 square feet, 0.21 acre
Total acreage- 0.72 acre
Lo~)A~a:
Same as above.
Current Zoning:
Lot 1 - "AB" Professional Office District
Lots 4 and 5 - "R-lB" One-family Dwelling
District
Request:
"13-1" Neighborhood Business Dis~ct - Lots
1,4, and 5.
Current Use of Property:
Lot 1 - Commercial use.
Lots 4 and 5 - Vacant.
Purpose of Request:
Shopping center.
Zoning Change Requested Due
to Notice of Violation:
Several notices of violation have been sent to the applicant regarding outside storage in a "R-lB"
District.
ZoninE RepotX
Case No. 0103-02 (Morteza Shafmury)
Page 2
Adjacent Zoning:
North, East-
South -
West
"B- 1" Neighborhood Business District.
"R-lB" One-family Dwelling District and "B-I" Neighborhood Business District.
"R-1 B" One-family Dwelling District.
Adiacent Land Use:
North -
South -
East
West -
Office and undeveloped land.
Commemial uses and one-family dwellings.
Undeveloped land (across Airline Road) and commercial and office uses.
Single-family dwellings.
Number of Residential Units Allowed:
"R-lB" - 5 unit (7.26 units per acre)
"AB" - 26 units (36.30 dwelling units per acre)
"B-I" - 26 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Shopping Center-91.65 average weekday vehicle trip ends per 1,000 square feet of gross floor area
x 10,000 average building square feet of gross floor area = 916 average weekday vehicle trip ends.
Adjacent Streets/Classification:
a) Airline Road - arterial
b) Lyons Street - local
Right-of-Way Design
Current:
a)
b)
80-foot fight-of-way with a 58-foot paved section.
50-foot right-of-way with a 28-foot rural paved section.
Planned:
a)
b)
Same as current.
50-foot right-of-way with a 28-foot paved section.
November 2001 Traffic Count (24-hour~ weekday~ non-directional):
a) 19,815 vehicles per day.
b) Not available.
Case No. 0103-02 (Morteza Shafiuury)
Page 3
ZonJnn HistoFy of l)Foperty:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
In August 2002, Block 1, Lot 1 of Airline Subdivision Unit 3, located notch of subject pwperty Lot
1 was granted a change of zoning from "F~R" Farm Rural District to a "B-I" Neighborhood Business
District and a "R-2" Multiple-family Dwelling District for the development ora retail center and
multiple-family complex.
In April 1998, Block B, Lot 3 of Airline Subdivision, located 210 feet south of the subject property
was granted a change of zoning from a "AB"/SP Professional Office District with a Special Permit
for an auto sales lot to a "B-I" Neighborhood Business District in order to operate an ice cream shop.
Plannin~ Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from "R-lB' One-family Dwelling District and "AB" Professional Office District to a "B-I'
Neighborhood Business District in order to develop a shopping center. Specific shopping
center plans were not available at this time of application submittal. The subject properly
consists of three (3) lots totaling 0.72 acre. Lot 1 zoned an "AB" Professional Office District
is a 0.30 acre lot fronting Airline Road, an arterial roadway. Lots four (4) and five (5) zoned
"R-lB" One-family Dwelling District are 0.21 acre lots each, fronting Lyons Street, a local
roadway. Commercial development and rezoning of property to the "B-I" Neighborhood
Business District has been limited to the Airline Road frontage. Rczoning Lot 1 that fronts
Airline Road to "B-I' would be an expansion of the existing "B-I" District to the north,
south and west. Expanding the "B-I' District to Lots 4 and 5 fronting Lyons Street would
allow commercial traffic to traverse and adversely impact the residential area. Access to the
proposed shopping center could be provided from Airline Road and Lyons Street. A standard
screening fence with a height of not less than six (6) feet is required when a commercial use
locates adjacent to a residential district. A change of zoning to a "B-I' District on Lot 1
would require a fence along the east property line. Changing the zoning on Lot 1 and Lot 4
to a "B-I' District would require a fence on the east property line of Lot 4 only. All three
(3) lots changed to the "B-I' District would require fencing of the east property line of Lot
5 only. The Southside Area Development Plan's future land use map recommends Lot 1
develops as commercial and Lots 4 and 5 retain its "R-lB" One-family Dwelling District
designation. By retaining the "R-lB" District on Lots 4 and 5, the residential character of the
area is maintained and commercial traffic traversing the residential area is minimized.
Potential Housing Density: An "R-lB" District permits a density of 7.26 dwelling units per
acre or 5 units on the subject property. The "AB" and "B-I" Districts permit a density of
36.30 dwelling units per acre or twenty-six (26) units for each district on the subject
property.
C.a~e No. 0103-02 (Morteza Shafinmy)
Page 4
Height/Bulk/Setbacks/Etc.: The "R- !B" District requires a front yard setback of 25 feet and
side and rear yard setbacks of five (5) feet each. The "AB" and "B-I" Districts, require a
front yard setback of twenty (20) feet. The required side and rear yard setbacks in an "AB"
District are ten (10) feet each. There are no required side or rear yard setbacks in the "B- 1 '
Districts for non-residential uses, unless adjacent to a residential district, where a setback of
ten (10) feet will be required along that adjacency. A setback of ten (10) feet will be required
along the east side property line of Lot $ due to "R-lB" District adjacency. The "R-lB' and
"B-I" Districts building height limitations are thirty-five (35) feet not to exceed three (3)
stories. Building heights are limited to 45 feet not to exceed three (3) stories in an "AB"
District.
Siana~e: The "R-lB" District permits one wall sign not to exceed one square foot. An "AB"
District permits wall signage at four (4) square feet per tenant not to exceed twenty (20)
square feet and a freestanding sign with a sign area of 20 square feet with a height of six (6)
feet. The "B-I" District permits unlimited wall signs and one (1) freestanding sign per
premise, limited to an area not to exceed 40 square feet and a height not to exceed 20 feet.
Traffic: The shopping development is estimated to generate approximately 916 daily vehicle
trip ends. Traffic will access Airline Road an arterial and Lyons Street a local roadway, The
amount of traffic generated from the proposed development on Lots 4 and 5 will ~averse and
adversely impact the adjacent residential area along Lyons Street. Development of Lot 1 with
access only to Airline Road will not adversely impact the surrounding residential area.
Pros: (Ideas in support of the request.)
The requested "B-I" District on Lot 1 along Airline Road is generally consistent with the
Southside Area Development Plan's adopted future land use map.
b)
Property north and south of Lot 1 along Airline Road has transition to office and commercial
development.
Cons: (Ideas in support of maintaining the current zoning.)
The requested "B-I" District on Lots 4 and 5 along Lyons Street is inconsistent with the
Southside Area Development Plan's adopted future land use map.
b)
Traffic generated from the shopping center will traverse and adversely impact the residential
area along Lyons Street.
Staff Recommendation:
Approval of the "B-I" District on Lot 1 along Airline Road. Denial of the "B-I" District on Lots
4 and 5 along Lyons Street.
Attachments:
Zoning Map
H :\PLN-DIR\ERMA\WORDXZONRPTS~2003\0103-02CCREPORT.DOC
/91-04
B-I
SUBJECT
2
8
HOLLY OAKS
~.4a~
B-4
A-2
A-I/SP
2
/80-01
8
WOOLDRIDGE
CREEK
UNIT 6
lg
B-4
1--A
I1
12
B-I
B-I
Jon 15, 2003- RP
CASE Z0103-02
Subject property
Owners within 200 feet Ii.ted on ettuohed ownership li.t
p!*nnln$ Commission Minutes
January 15, 2003
DRAFT MINUTES
Morteza Shafinury: 0103-02
REQUEST:
"R-lB" One-family Dwelling District and "AB" Professional Office Dislrict to
"B-I" Neighborhood Business Dislrict on property described as Airline
Subdivision Unit 3, Block B, Lots 1, 4, and 5, located on the east side of Airline
Road and north of Lyons Street.
Ms. Goode-Macon provided a computerized slide illustration of the subject property and
the surrounding area. She stated that The applicant has requested a change of zoning from "R-
IB'' One-family Dwelling District and "AB" Professional Office District to a "B-I'
Neighborhood Business District in order to develop a shopping center. Specific shopping center
plans are not available at this time, per the applicant. The subject property consists of three (3)
lots totaling 0.72 acre. Lot I zoned an "AB" Professional Office District is a 0.30 acre lot
fronting Airline Road, an arterial roadway. Lots four (4) and five (5) zoned "R-lB" one-family
Dwelling District are 0.21 acre lots each, fronting Lyons Street, a local roadway. Commercial
development and rezoning of property to the "B-I' Neighborhood Business District has been
limited to the Airline Road frontage. Rezoning Lot I that fronts Airline Road to "B-I" would be
an expansion of the existing "B-I" District to the noah, south and west. Expanding the "13-1"
District to Lots 4 and 5 fronting Lyons Street would allow commercial traffic to traverse and
adversely impact the residential area. Access to the proposed shopping center could be provided
from Airline Road and Lyons Street. A standard screening fence with a height of not less than six
(6) feet is required when a commercial use locates adjacent to a residential district. A change of
zoning to a "B-I" District on Lot 1 would require a fenco along the east property line. Changing
the zoning on Lot 1 and Lot 4 to a "B-I" District would require a fence on the east property line
of LOt 4 only. All three (3) lots changed to the "B-I" District would require fencing of the east
property line of LOt 5 only. The Southside Area Development Plan's future land use map
recommends Lot I deveiops as commercial and Lots 4 and 5 retain its "R-lB" One-family
Dwelling District designation. By retaining the "R-lB" District on Lots 4 and 5, the residential
character of the area is maintained and commercial traffic traversing the residential area is
minimized.
Ms. Goode-Macon stated that the requested "B-I" District on Lot 1 along Airline Road is
generally consistent with the Sonthside Area Development Plan's adopted future land use map;
however, the requested "B-l" District on Lots 4 and 5 along Lyons Street is inconsistent with the
Southside Area Development Plan's adopted future land use map. Staffrecommends approval of
the "B-l" District on Lot 1 along ^irline Road and denial of the "B-l" District on Lots 4 and 5
along Lyons Street.
Vice Chairman Mims opened the public hearing. The applicant nor his representative
were present and no one else appeared in favor or opposition. Public hearing was closed.
Commissioner Pusley stated that if the applicant were non-responsive to Code
Enforcement regulations for outside storage on the subject property, he would not be in
compliance with regulations if the zoning were approved.
Planning Commission Minutes
January 15, 2003
C~se No. 0103-02 (Morteza Shafinmn])
Page 2
Motion by Smith, seconded by Amsler, to forward a recommendation for approval of Lot
1 to "B-I" Neighborhood Business District, and denial of Lots 4 and 5. Motion passed with
Berlanga being absent,
H:W LN-D IR~S HARED\WO RDkPLANNING COMMIS S ION~M INUTES'O.003~S HAFINURYDRAFTM INUTES.DOC
Planning Commission Minutes
January 29, 2003
DRAFT MINUTES
OTHER MATTERS - Request to Reconsider
Morteza Shafinury: 0103-02
REQUEST:
"R-lB" One-family Dwelling District and "AB" Professional Office
District to "B-1" Neighborhood Business District on Airline Subdivision
Unit 3, Block B, Lots 1, 4, and 5, located on the east side of Airline Road
and north of Lyons S~'eet.
Mr. Payne informed the Commission that the applicant, Morteza Shafting, requested
that the Commission reconsider his zoning case because he was unable to attend the Commission
meeting to present his case. Mr. Shafmury also claimed that he did not receive notice of the
hearing, however, Staff stated that Mr. Shafinury was notified of the date at the time when he
submitted his application. The Commission decided not to reconsider Mr. Shafinury's case and
stated that Mr. Shafinury could make his presentation to the City Council.
COIVlMENTS RECEFVED
FRO~ NOTICES I~LMLED
Case No. 0103-02
Morteza Shafinury
-FAVOR
- OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
5)
6)
7)
11)
Christen Galan, 6429 Lyons
No written comment.
Hilaria Loya, 5114 Bromley Dr.
No written comment.
Guadalupe Gatza, 6422 Lyons
No written comment.
Tyrone G. Connelly, Sr. 2350 Airline Rd.
No written comment.
Opposition: None.
II.
Responses received from outside the 200-foot notification area:
Favor:
Opposition:
Rene R. Moreno, 6514 Lyons
No written comment.
Dorothy Whittington, 6510 Lyons
No written comment.
None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~PLN-DIR\ERMA\WORD\COMMDATA~0103 -02COMMENTS.DOC
PLANNING COMMISSION
AND STAFF'S
RECOMMENDATION
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPUCATION BY
MORTEZA SHAFINURY, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOT t, BLOCK B, AIRLINE SUBDIVISION UNIT 3,
FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-I"
NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBUCATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Morteza Shafinury 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,
January 15, 2003, during a meeting of the Planning Commission, and on Tuesday,
March 11, 2003, 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 wore 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 on Lot 1, Block B, Airline Subdivision Unit 3, located
on the east side of Airline Road and north of Lyons Street, from ~AB' Professional
Office District to "B-1" Neighborhood Business District.
SECTION 2. That the official zoning map of the City of Corpus Christi, Texas is
amended to reflect the amendment to the zoning ordinance made by Section 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, 1937, 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:~EG-DIR~DoyleDCurtisWIYDOCS~003~°&ZORDO3~-oning.ord~DOYLEc~2003~010302B'M°~tezaS'haflnu~y'Ord'Pc'd°c
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, ~he City Council (f) finds and declar~ 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 11~h day of March, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secreta~
Senior Assistant City Attorney
For City Attomey
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:~EC-~D~R~D~y~eDCu~tis~JdYD~S~3~P&Z~RD~3~Z~ning~rd~D~YLE~2~3~1~3~2B~M~rtez~S~ha~nury~rd~P~d~c
APPLICANT'S REQUEST
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
MORTEZA SHAFINURY, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOTS t, 4 AND 6, BLOCK B, AIRUNE SUBDIVISION
UNIT 3, FROM "R-lB' ONE-FAMILY DWELUNG DISTRICT AND "AB"
PROFESSIONAL OFFICE DISTRICT TO "B-I" NEIGHBORHOOD
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAH; PROVIDING FOR PUBUCATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Morteza Shafinury 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,
January 15, 2003, during a meeting of the Planning Commission, and on Tuesday,
March 11,2003, 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 t. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lots 1, 4 and 5, Block B, Airline Subdivision,
located on the east side of Airline Road and north of Lyons Street, from UR-lB" One-
family Dwelling District and "AB" Professional Office District to UB-1" Neighborhood
Business District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, 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~DoyIeDCun'is~VlYDOCS~003~P&ZORDO3~Z°ning.°rd~DOYLEc~003~Z010302A'M°rtezaS'haflnury'Ord'App'd°c
Page 2 of 3
SECTION 6. That all ordinances or parts of ordinances in conflict w~th 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 mernbem, copy
attached, ~he C/ty Council (f) finds and declar~ an emergency due to the need for
immediate action necessary for the efficient end 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 11t~ day of March, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Senior Assistant City Attomey
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:v-EG~D~R~D~y~eDCurtis~v~YD~S~2~3~P&z~RD~3~Z~ning~rd~D~YLEc~2~3~Z~1~3~2A~M~tez~h~nury~rd~App*~
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
MORTEZA SHAFINURY, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOTS ¶ AND 4, BLOCK B, AIRLINE SUBDIVISION
UNIT 3, FROM "AB" PROFESSIONAL OFFICE DISTRICT AND "R-lB'
ONE-FAMILY DWELUNG DISTRICT TO "B.I" NEIGHBORHOOD
BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Morteza Shafinu~y for amendment to
the of the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
January 15, 2003, during a meeting of the Planning Commission, and on Tuesday,
March 11, 2003, 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 on Lot 1 and Lot 4, Block B, Airline Subdivision Unit 3,
located on the east side of Airline Road and north of Lyons Street, from "AB"
Professional Office District and "R-lB" One-family Dwelling District to "B-1"
Neighborhood Business District.
SECTION 2. That the official zoning map of the City of Corpus Christi, Texas is
amended to reflect the amendment to the zoning ordinance made by Section 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, 1937, 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~DoyleDCudis~YOOCS~2003~P&ZORD03~-oning.ord~DOYLEc~2003~z010302c.M°rtezas'haflnuqt'Ord J~k°pAIt2'~
Page 2 of 3
SECTION $. 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, ~he 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 11t~ day of March, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Senior Assistant City Attorney
For City Affomey
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG~D~R~D~y~eD~ur~is~MYD~CS~3~&z~RD~3~Z~ning~rd~D~YLE~3~-~1~3~2~M~1ez~ha~nury~rdJ~A~t2~d~c
Page 3 of 3
Corpus Christi, Texas
__day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
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, The 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
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H :~EG-DI R~DoyleDC urfl s~h'DOCS~2003~&ZO RDO3~Zoning.ord~DOYLEc~2003~zO10302c'M°rtezas'hafinup/*Ord'~'~
AN ORDINANCE
Page 1 of 4
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
MORTEZA SHAFINURY, BY CHANGING THE ZONING MAP IN
REFERENCE TO LOT 5, BLOCK B, AIRLINE SUBDIVISION UNIT 3,
(CURRENTLY ZONED "R-tB" ONE-FAMILY DWELLING DISTRICT) BY
GRANTING A SPECIAL PERMIT FOR A SHOPPING CENTER
PARKING AREA SUBJECT TO A SITE PLAN AND TEN (10)
CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has fonvarded to the City Council its reports and
recommendations concerning the application of Morteza Shafinury for amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public headngs were held on wednesday,
Janumy 15, 2003, during a meeting of the Planning Commission, and on Tuesday,
March 11, 2003, 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 t. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for a shopping canter parking area on Lot 5,
Block B, Airline Subdivision Unit 3, (currently zoned "R-lB" One-family Dwelling
District), located on the north side of Lyons Street and 200 feet east of Aidine Road.
SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject
to a site plan attached as Exhibit A and the following ten (10) conditions:
USES: The only use permitted by this Special Permit other than those uses
permitted by dght in the "R-I B" One-family Dwelling District is for a parking area on
Lot 5 to serve as parking for a shopping center located on Lots 1, 2, 3, and 4, Block
B, Aidine Subdivision Unit 3.
2. NO STRUCTURES: No structure shall be located on Lot 5.
3. ACCESS: Vehicular access to Lyons Street is prohibited along Lot 5, Block B,,
Airline Subdivision Unit 3.
H:~LEG-D~R~y~eD~urtis~Y~D~CS~2~3~P&Z~RD~3~Z~ning~r~D~YLE~3~Z~1~3~2D~M~rtezaS~ha~nu~rdSP~AppA~t2~d~c
Page 2 of 4
3. ~: A standard screening fence with a height of not less than six (6) fee{
shall be installed and setback five (5) feet from the east property line.
4. ~ Oleanders every five (5) foot on center shall be required within the
five (5) foot setback area of the east property line. All plant material must be
irrigated and maintained in a healthy growing condition.
5. HOURS OF OPERATION: Hours of operation shall be limited to the hours between
9:00 a.m. and 11:00 p.m.
6. ~AII security lighting must be directional and shielded. Lighting must be
directed away from the surrounding residences and public rights-of-way.
7. WASTE DIPOSAL CONTAINERS: No waste disposal containers shall be located
on Lot 5.
8. REPLAT: Within sixty (60) days of the date of this ordinance, Morteza Shafinury
shall replat Lots 1, 2, 3, 4, and 5, Block B, Airline Subdivision Unit 3, as a single lot.
9. TIME LIMIT: This Special Permit shall expire within one (1) year of the date of this
ordinance unless the property is being used as outlined in Condition #1 and 'in
compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
H:~EG-DIR\DoyleDCurtis~IYDOCS~2003~&ZORD03~Z°ning'°rd~DOYLEC~003~z010302D'M°rtezaS'hafinu~'OrdSP'AppAIt2'd°c
Page 3 of 4
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds end 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 11th day of Mamh, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Doyle D.(~urtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The C~ of Corpus Chdsti
H:~EG-D~R~D~y~eDCur~s~v~YD~S~2~3~P&z~RD~3~-~n~ng~r~D~YLE~3~z~1~3~2D~M~rtezaS~ha~nu~/~rdSP~AppA~t2~d~c
Page 4 of 4
Corpus Christi, Texas
~.day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the masons 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 role and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenem
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:~EG~D~R~D~y~eD~urti$~YD~S~2~3~P&Z~RD~3~Z~ning~r~:N:)~YLE~3~1~3~2D~M~rtez~ha~nury~rd~P~AppA~t2~d~c
l�ff� ®�®SIE Its S II= E TETE T%T
13
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: March 11, 2003)
Case No.: 0103-04~ Hogan Development Co.~ L. P.: A change of zoning fi:om a "B-4" General
Business District to a "R-lC" One-family Dwelling District on Flou~ Bluff and Encinal Farm and Garden Tracts,
Section 21, being 23.064 acres out of Lots 17, 18, 31, and 32, located on the east side of Cimarron Boulevard and
approxunately 300 feet south of Yorktown Boulevard.
Planning Commission and Staff's Recommendation (01/29/03): Approval.
Requested Council Action: Approval of thc "R-lC" One-family Dwelling Dishict and adoption of the
attached ordinance.
PurPose of Request: To develop a 107-lot single-family subdivision.
Summary: The applicant has requested a change of zoning from a "B-4" General Business District to a "R-lC"
One-family Dwelling District in order to develop a single-family residential subdivision. The applicant proposes to
develop 107 single-family residences on lots ranging from approximately 4,500 to 6,000 square feet. Typical homes
will mostly be designed as two-story structures. The subject prop~ty consists of 23.064 acres with 1,298.33 feet
fronting Cimarron Boulevard. Access to the subject property is provided along Cimarron Boulevard, a rural design
local street that counects dkectly to Yorktown Boulevard, a ~ural design arterial roadway. The proposed 107
residential unit development would generate approximately 1,070 daffy trip ends. Traffic generated fi:om this
development could possibly impede movement of traffic along Cimarrun Boulevard due to the current rural design
of the street. However, the Transportation Plan recommends Cimarron Boulevard be improved as an arterial
roadway and Yorktown Boulevard with a full pavement section.
NoFdi of the subject property is an undeveloped "B-4" District tract with access to Yorktown Boulevard and
Cimarrun Boulevard. Mireles Elementary Schoul is south of the subject property and zoned with a "R. 1C" District.
Further south is Cimarron Crossing Subdivision developed with single-family residences in a "R-lC" District. To
the east is a drainage ditch within a "B-4" District and Bill Witt Park within a "R-lB" District. West of the subject
property and across Cimarron Boulevard is a public ut/lity tract zoned with a "R-lB" District, a church zoned with a
"B-4" District and Kings Crossing a single-family residential subdivision zoned with a "R-lB" District. Approval of
the "R-1C" District is an extension of single-family development further to the south and to the west.
Al~nlicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, twenty-seven notices were mailed to the property owners
within a 200-foot radius, of which two (2) were returned in favor and none were returned in opposition. The 20%
rule is not in effect at the City Council hearing.
Director of Planning
MG/MS/er
Agenda Memorandum
Case No. 0103-04 (Hogan Development Co., L. P.)
Page 2
Attachments:
1) Zoning Report
2) Comments Received
3) planning Commission Minutes
4) Ordinance
H:~PLN-DIR\ERMA\WORD~AGENDMEM~0103-04AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearin~ Date:
Map No.:
Applicant:
Legal Descriution/Location:
0103-04
January 29, 2003
G16C
Hogan Development Company, L.P.
Flour Bluffand Encinal Farm and Garden Tracts, Section 21, being 23.064 acres out of Lots 17, 18,
31, and 32, located on the east side of Cimarron Boulevard and approximately 300 feet south of
Yorktown Boulevard.
Area Of Request:
Lot(s) Area:
Current Zoninll:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation: Not applicable.
Adjacent Zoning:
North - "B-4" General Business District
South - "R-lC" One-family Dwelling District
East- "P-lB" One-family Dwelling District
West - (across Cimarron Boulevard) "R-lB" One-family Dwelling District
23.064 acres
Same as above.
"B-4" General Business District
"R- 1C" One-family Dwelling District
Undeveloped land.
Develop a 107-lot single-family subdivision.
Zoning Report
Case No. 0103-04 (Hogan Development Con~pany, L.P.)
Page 2
Ad]acent Land Use:
North - Undeveloped land.
South - Elementary School.
East - Drainage easement and Bill Witt Park.
West - (across Cimarron Boulevard) Public utilities, church property and single-family residences.
Number of Residential Units Allowed:
"B-4" - 837 units (36.30 dwelling units per acre)
"R-lC"-- 223 units (9.68 dwelling units per acre)
Estimated Traffic Generation:
Single-family residence (detached)- 10 average weekday vehicle trip ends per dwelling unit x 837
dwelling units = 8,370 average weekday vehicle trip ends.
Single-family residence (detached)- 10 average weekday vehicle trip ends per dwelling unit x 223
dwelling units -- 2,230 average weekday vehicle trip ends.
Single-family residence (detached)- 10 average weekday vehicle trip ends per dwelling unit x 107
dwelling units -- 1,070 average weekday vehicle trip ends.
Adjacent Streets/Classification:
a) Cimarron Boulevard - local
b) Yorktown Boulevard - arterial
Right=of=Way Design
Current:
a) 80-foot right-of-way with a 24-foot wide rural paved section.
b) 100-foot right-of-way with a 24-foot wide rural paved section.
Planned:
a) 80-foot right-of-way with a 56-foot back-to-back paved section.
b) 120-foot right-of-way with a 100-foot back-to-back paved section.
2001 Traffic Count (24-hour, weekday~ non-directional):
a) 10,840 vehicles per day
b) 11,760 vehicles per day
Case No. 0103-04 (Hogan Development Company, L.P.)
Page 3
Zoninn History of Prouertv:
There has been no rezoning activity within the past five (5) years.
Recent Surroundinn Zoning Cases:
The subject property was annexed July 1995 and designated as its pre-zoning district of"B-4".
The subject property was pre-zoned "B-4" General Business District in 1972 while being out of the
city limits. Pre*zoning was a method of selecting a zoning district prior to the property being
annexed. Once annexed the property would be designated as the pre-selected district. Pre-zoning
is no longer used or an authorized method
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "B-4" General Business District to a "R-lC" One-family Dwelling District in order
to develop a single-family residential subdivision. The applicant proposes to develop 107
single-family residences on lots ranging fi.om approximately 4,500 to 6,000 square feet.
Typical homes will mostly be designed as two-story structures. The subject property consists
of 23.064 acres with 1,298.33 feet fronting Cimarron Boulevard. Access to the subject
property is provided along Cimarron Boulevard, a rural design local street that connects
directly to Yorktown Boulevard, a rural design arterial roadway. The proposed 107
residential unit development would generate approximately 1,070 daily trip ends. Traffic
generated from this development could possibly impede movement of traffic along Cimarron
Boulevard due to the current rural design of the street. However, the Transportation Plan
recommends Cimarron Boulevard be improved as an arterial roadway and Yorktown
Boulevard with a full pavement section.
North of the subject property is an undeveloped "B-4" District tract with access to Yorktown
Boulevard and Cimarron Boulevard. Mireles Elementary School is south of the subject
property and zoned with a "R-lC" District. Further south is Cimarron Crossing Subdivision
developed with single-family residences in a "R-lC" District. To the east is a drainage ditch
within a "B-4" District and Bill Witt Park within a "R-lB" District. West of the subject
property and across Cimarron Boulevard is a public utility tract zoned with a "R-lB"
District, a church zoned with a"B-4" District and Kings Crossing a single-family residential
subdivision zoned with a "R-1B" District. Approval of the "R-1C" District is an extension
of single-family development further to the south and to the west.
Potential Housing Density: The '~B-4" District permits a residential density of 36.30 dwelling
units per acre or 837 units on the subject property. The "R-lC" District allows a residential
density of 9.68 units per acre or 223 units. A change of zoning fi.om a "B-4" District to a
"R-lC" District will reduce the number of residential units per acre permitted on the subject
property.
Zoning Report
Case No. 0103-04 (Hogan Development Company, L.P.)
Page 4
Hei~.hffBulk/Setbacks/Etc.: The "B-4" Districts require a front yard setback of twenty (20)
feet with no required side or rear yard setbacks unless adjacent to a residential district where
a setback often (10) feet is required. A setback often (10) feet will be required along the
west property line. The are no building height limitations in the "B-4" District. A twenty
(20) foot front yard setback is required in the "R-lC' District along with a side and rear
setback of five (5) feet. The maximum building height in the "R-lC" District is two (2)
stories or twenty-six (26) feet.
Sigmas, e: Wall signs and freestanding siLm.q in the "B4" District are unlimited as to size,
height, or number provided they are located behind the front yard setback, ff a freestanding
sign is located in the front yard setback, the freestanding sign is limited to one sign per sl~'eet
frontage with a sign area of forty (40) square feet and a height of 25 feet. The "R-1C' District
provides for one (1) sign attached to the wall and to exceed an area of one (1) square foot.
Traffic: The subject property has access from Cimarron, a rural local street that connects to
Yorktown Boulevard, a rural arterial. Cimarron Boulevard is can'ying approximately 10,840
vehicles per day and Yorktown Boulevard approximately11, 760 vehicles per day. The
proposed 107 residential unit development would generate approximately 1,070 daily trip
ends. Traffic generated from this development could possibly impede movement of traffic
along Cimarron Boulevard due to the current rural design of the street. However, the
Transportation Plan indicates that Cimarron Boulevard is planned as an improved arterial
roadway section, as is Yorktown Boulevard.
Pros: (Ideas in support of the request.)
Approval of the requested "R-lC" District would be an expansion of the "R-lC" District to
the south.
b)
The requested "R-lC" District provides more protection to the residential area to the south
and west.
Cons: (Ideas in support of maintaining the current zoning.)
a) None.
Staff Recommendation:
Approval.
Attachments:
Zoning Map
H :XPLN-D IR~ERMA\WORD~ON RPTS~2003~0103 -04CC REPORT.DOC
A-I
R-lB
B-4
F-R
R;[B'
R-lC
UNIT 5
R-lB
dan 15, 2003- RP
CASE Z0103-04
)0
~ Subjeot property
~ O~ners within 200 feet listed on attaohed ownership list
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0103-04
Hogan Development Co., L. P.
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor.:
6)
11)
Opposition:
Ron Pickett, Grace Presbyterian Church, 6301 Yorktown
No written comment.
Marion H and Clara Isaacks, 7614 Monterean St.
No written comment.
None.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~PLN-DIR~ERMA\WORDXCOMMDATA~0103-04COMMENTS.DOC
Plsnnin$ Co~uuission Minutes
January 29, 2003
DRAFF MINUTES
Hogan Development Company, L.P.: 0103-04
REQUEST:
"B-4' General Business District to "R-lC" One-family Dwelling District on Flour
Bluff and Encinal Farm and Garden Tracts, Seclion 21, being 23.064 acres out of
Lots 17, 18, 31, and 32, located on the east side of Cimarron Boulevard and
approximately 300 feet south of Yorktown Boulevard.
Commissioner Amsler abstained from participation and left the mom.
Ms. Goode-Macon presented a computerized slide illustration of the subject property and
the surrounding area. The applicant has requested a change of zoning fi~m a "B-4" General
Business District to a "R-lC' One-family Dwelling District in order to develop a single-family
residential subdivision. The applicant proposes to develop 107 single-family residences on lots
ranging from approximately 4,500 to 6,000 square feet. Typical homes will mostly be designed
as two-story structures. The subject property consists of 23.064 acres with 1,298.33 feet fronting
Cimarron Boulevard. Access to the subject property is provided along Cimarron Boulevard, a
rural design local street that connects directly to Yorktown Boulevard, a rural design arterial
roadway. Thc proposed 107 residential unit development would generate approximately 1,070
dally trip ends. Traffic generated from this development could possibly impede movement of
traffic along Cimarron Boulevard due to the current rural design of the street. However, the
Transportalion Plan recommends Cimarron Boulevard be improved as an arterial roadway and
Yorktown Boulevard with a full pavement section.
North of the subject property is an undeveloped "B-4" District tract with access to
Yorktown Boulevard and Cimarron Boulevard. Mireles Elementary School is south of the
subject property and zoned with a "R-lC" District. Further south is Cimarron Crossing
Subdivision developed with single-family residences in a "R-lC" District. To the east is a
drainage ditch within a "B-4" District and Bill Witt Park within a "R-lB" District. West of the
subject property and across Cimarron Boulevard is a public utility tract zoned with a "R-lB"
District, a church zoned with a "B-4" District and Kings Crossing a single-family residential
subdivision zoned with a "R-lB" District. Approval of the "R-lC" District is an extension of
single-family development further to the south and to the west. Staff recommends approval of
the rezoning request.
Public hearing was opened. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Richter, seconded by Pusley, to forward a recommendation for approval.
Motion passed with Amsler abstaining and Berlanga being absent.
Amsler re-entered the room.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
HOGAN DEVELOPMENT CO., L. P., BY CHANGING THE ZONING MAP
IN REFERENCE TO 23.064 ACRES OUT OF LOTS t7, 18, 3t, AND 32,
SECTION 21, FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "R-lC"
ONE-FAMILY DWELLING DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Hogan Development Co., L.P. 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,
January 29, 2003, during a meeting of the Planning Commission, and on Tuesday,
March 11, 2003, 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 on 23.064 acres out of Lots 17, 18, 31 and 32,
Section 21, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of
Cimarron Boulevard and approximately 300 feet south of Yorktown Boulevard, from
~B-4" General Business District to ~R-lC" One-family Dwelling District. The 23.064 acres
is described by metes and bounds on the attached Exhibit ^.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, 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.
J:\LEG~D~R~D~y~eDCurtis~Jv~YD~S~2~3~P&Z~RD~3~ning~rd~D~YLEC~2~3~Z~1~3~4A~H~gan~rd~App&P~`d~c
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 11t~ day of March, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Senior Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG-D~R~D~y~eDcurti$~N~YD~S~2~3~P&Z~RD~3~-~ning~rd~D~YLE~3~Z~1~3~4A~H~gan~rd~App&PC~d~c
Page 3 of 3
Corpus Christi, Texas
__day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
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 considerati(Sn 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, The 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
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scoff
l:~EG-D~R~D~y~eDCurtis~ViYD~cS~3\P&z~RD~3~Z~ning~rd~D~YLE~2~3~Z~1~3~4A~H~gan~rd~App&Pc~d~c
(361)854-3~01
P,O. BOX 6355 · CORPUS CHRISTI, TEXAS 78466-6.355
JOB NO. 32316.A2.00
DECEMBER 16, 2002
FAX (361)854-6001
RE-ZQNING
STATE OF TEXAS
COUNTY OF NUECES
Fr~.l .DNOTES for a 23.064 acre tract of land (not based on an on-the-groud survey) out of Lots 17, 18,
31, and 32, S~:tion 21, Flour Bluff and Encinal Farm and Garden Tracts, a map, of which is recorded in
Volume A, Pages 41-43, Map Records of Nuecos County, Texas; said 23.064 acre tract being more fully
descdbed as follows:
BEGINNING at a point on the conterline of Cimarron Boulevard, same being the northwest boundary of
said Lot 17, Section 21 for the north comer of this tract, from which comer the centerlinc intersection of
said Cimnrran Boulevard and Yod~own Boulevard, bears Notlh 29°02'50" East 330.00 feet;
THENCE South 60058'20" East, crossing said Lots 17 and 18, Section 21, with the northeast boundary
of this lract, at 20.00 feet pass the southeast boundary of said Cimarron Boulevard, and continuing with
said southeast boundary of this tract, in all a total distance of 773.g6 feet for the northwest boundmy of
Bill Witt Park, a tract of land described in Volume 2069, Page 40, Deed Records of Nueees County, Texas,
for the east corner of this Wact;
THENCE South 29°03'25" West, with the northwest boundary of said Bill Witt Park, same being the
southeast boundary of this tract, a disla~ce of 1,298.59 feet to the northeast boundmy of LOt 1, Block 14,
Cimarron Crossing Unit 5, a map of which is ~corded in Volume 60, Page 14, Map Records of Nueces
County, Texas, for the south corn~ of this ~act~
THENCE North 60057'10" West, with the northeast boundary of said Lot 1, Block 14 and the southwest
boundary of this tract at 753.64 fect lmSS the southeast boundmy of the Cimarron Boulevard, in ali a total
distance of 773.64 fi~et to the centerlinc of said Cimarron Boulevard for the west comer of this tract;
THENCE North 29°02'50" Eas~ with the eanterline of said Cimarron Boulevasd, same being thc
northwest boundary of said Lots 32 and 17, Section 21 and the northwest boundary of this tract, 1,298.33
feet to the Paint of Begiuning and conlaining 23.064 acres of lan~k
Bearings based on thc southerly line of Block I, Kin~'s Crossing Unit 1, Phase 3, a map of which is
recorded in Volume 51, Pages 143 thru 156, Map Records of Nuecos County, Texas.
Unless this Field Notes Description, including preamble, seal and signature, appears in its original form,
sun~eyor assumes no responsibility or liability f~r its accuracy.
2725 SWANTNER DR. · CORPUS CHRISTI, TEXAS 78404
mail@urbaneng.com
DAN L. URBAN, R.P.L.S.
GINNINIV
AT 1, Po g 10 1 9 M 3 'POINT 07 S DESCRF FOR
WL 51, Ap. 1�3mv Ikp a FIEIDN01ES OESCPoPTION
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_ = Cinv/pl d�reYlQd N29 O2�5O'E t 298.33 (Coony R -d 1, m ox wtL.00' -- I
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CID Cot 17, Section 21
IM
~ s 23.064 Acre
O Lot 32.WtWn 21 1.004.684.64 sq.fl.Fob lexos
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fir of 0 rf aA
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(0m (Muted Slates of Am )
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MAP TO ACCOMPANY boards of Nwarr County rem
FIELDNOTES for a 23.064 ocre tract of land (not based on on on -the -ground
survey) out of Lots 17, 18. 31, and 32. Section 21, Flour Bluff and Encino[ Farm
and Garden Tracts, o map of which is recorded in Volume A, Pages 41-43, Map
Records of Nueces County, Texas.
Lot 14 Section 21
flow gaff and Eflow form ant Cadw rrxls
W. A o91 41 -IJ Map
Records of Mro County, toms
OW
1
JOB NO. 32316.A2.00
DATE: DEC. 17. 2002
SCALE: 1'= 200'
14
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: March 11, 2003)
Case No.: 0103-05~ Carmen Fader: A change of zoning from a "R-lB" One-family Dwelling District
to a "B-1" Neighborhood Business District on Flour Bluff and Encinal Farm and Garden Tracts, Section 5, being
a 0.590 acre out of Lot 25, located west of South Staples Street and approximately 349 feet north of Lipes
Boulevard.
Planning Commission and Staff's Recommendation (01/29/03): Approval.
Requested Council Action: Approval of the "B-I" Neighborhood Business District and adoption of the
attached ordinance.
Purpose of Request: To develop a medical office and retail business.
Summary: The applicant has requested a change of zoning from an "R-lB" One-family Dwelling District to a
"B-I" Neighborhood Business District in order to develop a combined medical office and retail facility. The
proposed facility is planned as a one-story building consisting of 6,000 square feet. The square footage for the
medical and retail uses are proposed at a ratio of 50:50 or 3,000 square feet each. Primary access to the subject
property is planned from South Staples Street, an arterial. Adjacent to the north and west is undeveloped "R-IB"
District property. To the south is a medical office, a specialty retail use and a convenience store. Across South
Staples Street, to the east, is "B-4" District property developed with offices, a bank, a dry cleaners and a
convenience store. The Southside Area Development Plan's future land use map reconanends the subject property
develop as low-density residential. At this time, residential development has not occurred within approximately 500
feet of the subject property. Approval of the "B-I" District would be an extension of the existing "B-I" District to
the south, fronting South Staples Street.
Annlicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, thirteen notices were mailed to the property owners within a
200-foot radius, of which one (1) was returned in favor and none were returned in opposition. One (1) notice in
favor was submitted from outside the notification area. The 20% rule is not in effect at the City Council hearing.
~ Michel N. GkCuning, AICP /
Director of Planning /
MG/FG/er
Attachments:
1 ) Zoning Report
2) Comments Received
3) Planning Commission Minutes
4) Ordinance
H:~PLN-DIR~ERMA\WORD~AGENDMEM~0103-05AGENDAMEMO,DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0103-05
January 29, 2003
G15B
Carmen Fader
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zonine:
0.590 acre (25,668.00 square fl.)
Same as above.
"R- 1B" One-family Dwelling District
"B-1" Neighborhood Business District
Undeveloped land.
Medical office and retail business.
Not applicable.
North, West-"R-lB" One-family Dwelling District
South - "B-1" Neighborhood Business District
East - (across South Staples Sheet) "B-4" General Business District
Adjacent Land Use:
North, West
South
East
- Undeveloped land.
- Medical office, retail businesses.
- (across South Staples Street) Bank, offices and retail businesses.
Flour Bluffand Encinal Farm and Garden Tracts, Section 5, being 0.590 acre out of Lot 25, located
west of South Staples Street and approximately 349 foot north of Lipes Boulevard.
~oning gepon
Case No. 0103-05 (Carmen Fader)
Page 2
Number of Residential Units Allowed:
"R-lB"- 4 units (7.26 dwelling units per acre)
"B-I' - 21 units (36,30 dwelling units per acre)
Estimated Traffic Generation:
Single-family residence (detached)- 10 average weekday vehicle trip ends per dwelling unit x 4
dwelling units = 40 average weekday vehicle trip ends,
Single-family residence (detached)- 10 average weekday vehicle trip ends per dwelling unit x 21
dwelling units = 210 average weekday vehicle trip ends.
Medical office- 12,20 average weekday vehicle ~p ends per 1,000 square feet of gross floor area x
3,000 square feet of gross floor area = 36.30 average weekday vehicle trip ends.
General retail - 40.67 average weekday vehicle trip ends per 1,000 square feet of gross floor area
x 3,000 square feet of gross floor area = 122,01 average weekday vehicle trip ends.
Adjacent Streets/Classification:
a) South Staples Street - arterial
Right-of-Way Design
Current:
a) lO0-foot fight-of-way with a 76-foot back-to-back paved section.
Planned:
a) Same as current.
2002 Trnffic Count (24-hour~ weekdny~ non-directional):
a) 20,510 vehicles per day.
Zoning History of Property.:
There has been no rezoning activity within the past five (5) years.
Case No. 0103-05 (Carmen Fader)
Page 3
Recent Surrounding Zoning Cases:
In June 1998, a change of zoning south and adjacent to the subject property was granted from
"R-1B" One-family Dwelling District to "13-1" Neighborhood Business Dis~ict on Sterling Comers
Subdivision Block 1, Lots I and 2 for the development of retail uses.
Plannin~ Staff Analysis:
General Characteristics and Background: Thc applicant has requested a change of zoning
from an "R-lB" One-family Dwelling District to a "B-I' Neighborhood Business District
in order to develop a combined medical office and retail facility. The proposed facility is
planned as a one-story building consisting of 6,000 square feet. The square footage for the
medical and retail uses are proposed at a ratio of 50:50 or 3,000 square feet each. Primary
access to the subject property is planned from South Staples Street, an arterial. Adjacent to
the north and west is undeveloped "R-lB" District property. To thc south is a medical office,
a specialty retail use and a convenience store. Across South Staples Street, to the east, is
"B-4" District property developed with offices, a bank, a dry cleaners and a convenience
store. The Southside Area Development Plan's future land use map recommends thc subject
property develop as low-density residential. At this time, residential development has not
occurred within approximately 500 feet of the subject property. Approval of the "B-I"
District would be an extension of thc existing "B-I" District to the south, fronting South
Staples Street.
Potential Housing Density: The "R-1B" District permits a density of 7.26 dwelling units per
acre or 4 units on the subject property. An "B-l' District permits 36.30 dwelling units per
acre or 21 units on the subject property.
Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet with
a side and rear yard setback of five (5) feet each. A "B-I' District requires a front yard
setback of twenty (20) feet with a zero (0) side and rear yard setback unless adjacent to
residentially zoned property, whereby a ten (10) feet setback is required. The subject
property has residential adjacency to the north and west. Building heights are limited to 35
feet not to exceed three (3) stories in the "R-lB" District and 35 feet not to exceed three (3)
stories in the "B- 1" District.
a
Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed
one square foot. The "B-I" District permits unlimited wall signs and one freestanding sign
with an area not to exceed forty (40) square feet and a height of twenty (20) feet.
Traffic: The proposed medical office and general retail combined uses could generate
approximately 158 daily trip ends that can be handled by the adjacent arterial street, South
Staples Street.
Case No. 0103-05 (Carmen Fader)
Page 4
· Parking/Screening: A standard screening fence will be required along the north and west
property lines with a change of zoning on the subject property to "B-I".
Pros: (Ideas in support of the request.)
a) The requested "B-I' District is an extension of the "B-I" District to the south.
Cons: (Ideas in support of maintaining the current zoning.)
a) The Southside Area Development Plan's future land use map recommends the area develop
with low-density residential uses.
Staff Recommendation:
Attachments:
Approval.
Zoning Map
H:~PLN-DIR~ERMA\WORD~ZONRPTS~2003\0103-05CCREPORT.DOC
R-lB
;TONEHENGE
UNIT 1
B-I
1
B-4
Jon 15, 2005- RP
CASE Z0103-05
)O
~ Subject property
I~ Owners within 200 feet listed on ottached ownership li~t
COMMt~NTS RECEIVED
FROM NOTICES MAILED
Case No. 0103-05
Carmen Fader
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
4)
Gerard L. Mokry, 25119 Burrard, Spring, Texas 77373
No written comment.
Opposition: None.
Il.
III.
Responses received from outside the 200-foot notification area:
Favor:
W. W. Sanderfer, Jr., 7101 Gingerberry
No written comment.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~P LN-DIR~ERMA\WORD\COMMDATA~0103-05COMMENTS.DOC
plnnnltlg Commission Minutes
January 29, 2003
DRAi~ MINUTES
Carmen Fader: 0103-05
REQUEST: "R-lB" One-family Dwelling District to "B-I" Neighborhood Business District
on Flour Bluff and Encinai Farm and Garden Tracts, Section 5, being 0.590 acre
out of Lot 25, located west of South Staples Street and approximately 349 feet
north of Lipes Boulevard
Ms. Goode-Macon presented a computerized slide illustration of the subject property.
She said that the applicant has requested a change of zoning from an "R-lB' One-family
Dwelling District to a "B-I' Neighborhood Business District in order to develop a combined
medical office and retail facility. The proposed facility is planned as a one-stoDt building
consisting of 6,000 square feet. The square footage for the medical and retail uses are proposed
at a ratio of 50:50 or 3,000 square feet each. Primary access to the subject property is planned
from South Staples Street, an arterial. Adjacent to the north and west is undeveloped "R-lB"
District property. To the south is a medical office, a specialty retail use and a convenience store.
Across South Staples Street, to the east, is "B-4" District property developed with offices, a
bank, a dry cleaners and a convenience store. The Southside Area Development Plan's future
land use map recommends the subject property develop as low-density residential. At this time,
residential development has not occurred within approximately 500 feet of the subject property.
Approval of the "B-1" District would be an extension of the existing "13-1" District to the south,
fronting South Staples Street.
Staff recommends approval of the rezoning request.
Public hearing was opened. No one appeared in favor or opposition. Public hearing was
closed.
Motion by Pusley, seconded by Smith, to forward a recommendation of approval.
Motion passed with Berlanga being absent.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
CARMEN FADER, BY CHANGING THE ZONING MAP IN REFERENCE
TO 0.590 ACRE OUT OF LOT 25, SECTION 5, FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS, FROM "R-lB" ONE-FAMILY
DWELLING DISTRICT TO "B-t" NEIGHBORHOOD BUSINESS
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Carmen Fader 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,
January 29, 2003, during a meeting of the Planning Commission, and on Tuesday,
March 11,2003, during a meeting of the City Council, in the Council Chambem, 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 on 0.590 acre out of Lot 25, Section 5, Flour Bluff and
Encinal Farm Tracts, located west of South Staples Street and approximately 349 feet
north of Lipes Boulevard, from ~R-1 B" One-family Dwelling District to 'B-1"
Neighborhood Business District. The 0.590 acre is described by metes and hounds on
the attached 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, 1937, 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.
1:~EG~D~R\D~y~eDCurtisWiYD~CS~2~3~P&Z~RD~3~Z~ning~rd~D~YLE~2~3~1~3~5A~Fader~rd~App&P~`d~c
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
ara heraby expressly rapealed.
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 raading as an
emergency measure on this 11th day of March, 2003.
ATTEST:
THE CiTY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:~EG~D~R~D~y~eDcur~is~MYD~S~2~3~&Z~RD~3~Z~ning~rd~D~YLE~3~z~1~3~5A~CFader.~rd~App&P~d~c
Page 3 of 3
Corpus Christi, Texas
day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
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, The City of Corpus Chdsfi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
{:~EG-DIR~DoyleDCurtis~IYDOCS~2003~P&ZORDO3~Zoning.ord~DOYLEC~2003~010305A.CFader. Ord.App&PC.doc
STATE OF T~XAS
COUNTY OF NUECES January 8, 2003
BEING A 0.~0 ACRE TRACT OF LAND OUT OF LOT 25,
SECTION S, FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTS, A MAP OF WHICH IS RECORDED I~
VOLUME A, PAGES 41 THRU 43, OF ~ MAP RECORDS OF
NUECES COUNTY, TEXAS, AND BEING MORE
PARTI~Y DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
Bearings are based on the bearings of Lipes Blvd. As recorded in the plat of
Stonehenge Subdivision Unit 1, a map of which is recorded in Volume 54, Page 140,
of the Map Records of Nueces County, Texas.
Beginning a~ a 5/8 inch iron rod found on the west fight-of-way line of a 100.00 foot
wide road known as Staples Street, for the northeast comer of Lot 2, Block 1, Sterling
Comers, a map of which is recorded in Volume 59, Page 180, of the Map Records of
Nueces County, Texas, and the southeast comer of this tract from 'which comer the
common section comer Of Section 5, Section 6, Section 10 and Section 11, of said Flour
Bluff and Encinal Farm and Crarden Tracts, bears South 28056'00'' West, a distance of
349.20 feet, thence South 61002'50" East, a distance of 50.00 feet;
Thence, North 61°04'00'' West, with the north boundary line of said Lot 2, Block 1,
Sterling Comers, a distance of 214.05 feet to a 5/8 inch iron rod found for the northwest
comer of said Lot 2 and the southwest comer of this tract;
Thence, North 28056'00" Ea~.~,.a distance .of 120.00 feet to a 5/8 inch iron rod set with a
cap stamped "Pyle & Associates, Inc." for the noffiawest corner of this tract;
Thence, South 61°04'00' East, a distance of 214.05 feet to a 5/8 inch iron rod set with a
cap stamped "Pyle & Associates, Inc." on the west right-of-way line of aforementioned
Staples Street, for the northeast comer of this tract, from which comer a 5/8 inch iron rod
found for the southeast corner of Lot l, Block l, Wilde Subdivision, a map of which is
· recorded in Volume 58, page 195, of aforementioned Map Records, bears North
28056,00" East, a distance of 930.75 feet;
Thence, South 28056'00'' West, with the said west right-of-way line of Staples Street, a
distance of 120.00 feet to the Point of Beginning and containing 0.590 acres (25,686.00
square feet) of land.
Pyle and Associates, Inc. _ ~
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VOL. 59, PG. 180
SECDON 6
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15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: March 11, 2003
AGENDAITEM:
ITEM A:
A PUBLIC HEARING TO CONSIDER AMENDING THE CORPUS CHRISTI
URBAN TRANSPORTATION PLAN, AN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ("THE
CITY"), BY ADOPTING THE REVISED CORPUS CHRISTI URBAN
TRANSPORTATION PLAN FOR THE CITY AND ITS EXTRATERRITORIAL
JURISDICTION; ESTABLISHING A UNIFIED TRANSPORTATION PLAN
FOR COORDINATION OF STREET IMPROVEMENTS CONSISTENT WITH
THE PUBLIC INTEREST; RESCINDING THE CORPUS CHRISTI URBAN
TRANSPORTATION PLAN ADOPTED BY CITY COUNCIL ORDINANCE
022166, FEBRUARY 22, 1995; AMENDING THE COMPREHENSIVE PLAN
OF THE CITY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
ITEM B:
FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI
URBAN TRANSPORTATION PLAN, AN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY OF CORPUS CHRISTI ("THE CITY"),
BY ADOPTING THE REVISED CORPUS CHRISTI URBAN
TRANSPORTATION PLAN FOR THE CITY AND ITS EXTRATERRITORIAL
JURISDICTION; ESTABLISHING A UNIFIED TRANSPORTATION PLAN FOR
COORDINATION OF STREET IMPROVEMENTS CONSISTENT WITH THE
PUBLIC INTEREST; RESCINDING THE CORPUS CHRISTI URBAN
TRANSPORTATION PLAN ADOPTED BY CITY COUNCIL ORDINANCE
022166, FEBRUARY 22, 1995; AMENDING THE COMPREHENSIVE PLAN OF
THE CITY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
ISSUE:
As required by the City Charter the City's Comprehensive Plan must contain a
Transportation Plan. Issues addressed by the proposed plan:
1) Unifies and consolidates the transportation plans in 9 adopted area development
plans;
2) Provides a unified Transportation Plan for coordination of Street improvements;
3) Enables the City to require right-of-way (ROW) dedication prior to development in
the city and the extraterritorial jurisdiction (ET J) thereby minimizing the need for
ROW purchases;
4) Reduces traffic congestion on existing and future roads within the city and its ET J;
5) Provides greater right-of-way for placement of utilities outside of roadway pavement;
6) Incorporates American Disability Act standards for sidewalks;
7) Meets Texas Dept. of Transportation (TxDOT) 2000 and American Association of
State Highway and Transportation Officials (AASHTO) roadway design standards.
TRANSPORTATION ADVISORY COMMITTEE ACTION: July 22, 2002 - Transportation
Advisory Committee recommended adoption.
PLANNING COMMISSION ACTION: September 25, 2002 - Planning Commission
recommended adoption.
FUTURE PLANNING COMMISSION ACTION: Planning Commission approval of
subdivision plat road alignments and right-of-way and pavement widths in the development
process will be consistent with the Urban Transportation Plan.
REQUIRED COUNCIL ACTION: Adoption.
PREVIOUS COUNCIL ACTION: Adoption of nine Area Development Plan Transportation
elements.
FUTURE COUNCIL ACTION: Capital Improvements Plan road improvements projects
consistent with the Urban Transportation Plan.
FUNDING: NA
CONCLUSION AND RECOMMENDATION: Adoption.
C/(Depart-' 7 "men~ Hea~ ,~ignature)~
Attachments:
Ordinance
Proposed Urban Transportation Plan
Transportation Advisory Committee Minutes July 22, 2002
Planning Commission Minutes September 25, 2002
BACKGROUNDINFORMATION
PURPOSE
The primary purpose of the Urban Transportation Plan is to reduce traffic congestion on
existing and future roads within the City and its Extraterritorial Jurisdiction (ET J). A
secondary purpose of the proposed plan is to consolidate the transportation plans
contained in the City's nine adopted area development plans. The plan also incorporates
American Disability Act Standards for sidewalks, meets TxDOT 2000 Roadway Design
Standards and incorporates several street alignment changes. Local residential streets ara
not part of this plan and no changes to the current requirement of 50' right-of-way for local
residential streets are proposed.
CROSS SECTION DESIGN
The City's Transportation Plan Cross Sections for street design have not been
comprehensively reviewed or updated since 1987. The proposed Urban Transportation
Plan addresses several important revisions to cross section design:
Requires all sidewalks to meet the width requirements in the American
Disabilities Act (ADA). Generally, the four-foot standard sidewalk has been
increased to five feet.
Provides an increased amount of width for underground utilities in the
parkway (area between the back of curb and the property line) in order to
meet Texas Department of Transportation Standards.
Right-of-Way ?o.mpari$on I
Urban Street Type Existing I Proposed Change +
Residential 50', 50 No Change
2 Lane Collector J 60, I 60' No Ch.,ange
3 Lane Collector 60, I 65' +5
4 Lane Collector 70 75' +5'
5 Lane Arterial w/center turn Jane 80' 95' +15
4 Lane Arterial w/Median 100' 100' No Change
6 Lane Arterial w/Median 120' 130' +10
Rural Street Type
Residential
60' 60' No Chan(
2 Lane 80' - 100' 125' +45' - 25'
4 Lane w/center turn lane 150' 165' +15'
4 Lanes w/median
200' 240' +40'
CHANGES TO STREET ALIGNMENTS
While the focus of the transportation planning effort has been to consolidate transportation
plans, the Urban Transportation Plan does contain roadway alignment or network changes.
Although the majority of network changes are minor, several more major changes should
be noted. These changes include:
· Designating a vehicular crossing of the Cayo Del Oso at the Holly Road Rail
Road Bridge
· Extension of Paul Jones Road southward to connect with Oso Parkway
· Gulf Beach Access Roads at on Mustang Island at approximate ~ mile
intervals
· Designation of the Public Beach Easement on the Gulf of Mexico Beaches
as a special access way
· South Loop Expressway
· Northwest collector street grid pattern
ATTACHMENT I1: PROPOSED URBAN TRANSPORTATION PLAN
PLAN AVAILABLE ON REQUEST
ATTACHMENT II1: TRANSPORTATION ADVISORY COMMITTEE MINUTES JULY 22,
2002
TRANSPORTATION ADVISORY COMIqx m m EE
MINUTES
(Meeting of 3uly 22, 2002)
Anthony Alejandro
Stuart Sher
Clif Moss
Orlando Noyola
Robbie Foster
MAC Karma Bennett
Israel Ybarra
Members Not Present
Grace Marie Gonzales, Don Davenport
VII. STAFF RECOMMENDATIONS REQUII~NG COMMII'FEE REVIEW
A. RECOMMENDATION TO ADOPT Corpus Christi Unified
Urban Transportation Plan
Mr. Mic Raasch, City Planner with the Planning Department stated that at
the May 20, 2002 presentation of the DRAFT Corpus Christi Unified
Transportation Plan before the Transportation Advisory Meeting for
discussion and comment, several members of the Committee requested
additional information relative to the Plan's incorporation of bicycle lanes
and bikeways in the proposed street cross-section. Issues addressed as
May meeting were:
1. Does the City assume any more liability than the status quo by
providing designated bike lanes (striped and signed) along arterial streets?
NO. Universally accepted rules of the road say that bicyclists have as
much right to the roadway as motor vehicles. Of course, greater
discretion on the part of both is appropriate in an obvious lane change
situation.
2. What is the proper maneuver for a bicyclist to go from a designated
bike lane across a right hand turn lane for a motor vehicle? As indicated
in the enclosed agenda package, the bicyclist must maneuver across the
beginning or taper area of the vehicular right turn lane in order to
continue through the intersection. Greater caution is required of both the
motorists and the bicyclist during this maneuver, because each has equal
rights to the roadway.
Mr. Sher asked for clarity of the purpose of the DRAFT being brought before the
Committee, Mr. Raasch stated that Item 3 would explain the purpose.
3. The proposed street cross sections in this Draft Plan meet the
American Association of Traffic Engineers (AAS-I-O) width requirements for
on-street bikeways/lanes which area as follows:
Outside lanes on collector and arterial streets have been increased from 12.5 to 16 feet
to meet AASTO requirements. The Draft Transportation Plan proposes in most arterial
cross-sections that 3 1/2 foot of additional pavement be provided on each side of the
roadway to accommodate an unmarked and unsigned bikeway. This equates to a 7-
foot of additional roadway width to accommodate bikeways. Variance from these
desian ouidelines may jeopardize eligibility for State or Federal fundinq of that particular
street segment.
Chairperson Alejandro stated that the bicycle issue whether bikeways or bike
paths is an interrgal part of the Unified Transportation Plan.
Mr. Escobar further stated the "big picture" is to come up with a unified plan with
other entities including the MPO. so that City of Corpus Christi can have one plan that
will allow us to grow for the next twenty years and be able to reserve and acquire the
right-of-ways that we will need for expansion of roadways along with bicycle facilities
and roadways
Mr. Michael Gunning, Director of Planning, reiterated Mr. Escobar's comments,
stating that this transportation document is very important concerning development of
region-wide street plan for the purposes of making sure that the City will be able to
obtain rights-of-way dedicated by developers or acquired by City or State entities for
future development for future street construction.
Motion made by Mr. Moss, seconded by Mr. Ybarra to recommend moving
forward with the Corpus Christi Unified Urban Transportation Plan. Motion passed.
As per Committee request, Staff will provide Texas Bicycle Laws relating to
Bicyclists, History of Bicycle Ticket Violation and Accident History.
ATTACHMENT IV: PLANNING COMMISSION MINUTES SEPTEMBER 25, 2002
PLANNING COMMISSION
September 25, 2002
Commissioners Present:
David Berlanga, Chairman
Shirley Mims, Vice Chairman
Neill F. Amsler
Michael Pusley
Elizabeth Chu Richter
Eloy H. Salazar
Richard Smith
Bryan Stone
Commissioner Absent: Robert Zamora
StaffPresent:
Michael N. Gunning, Director of Planning
Lucinda Beal, Recording Secretary
Fmyce Goode-Macon, City Planner
Doyle Curtis, Sr. Assistant City Attomey
Mark Simon, Special Services
Robert E. Payne, Senior City Planner
URBAN TRANSPORTATION PLAN - Public Hearing
Chairman Berlanga opened the public hearing.
Mr. Gunning said that the Urban Transportation Plan would become the basis of a more
regional transportation plan. Therefore, there is a need to move the plan forward. He added that the
Urban Transportation Plan was a consolidation of the Area Development Plans and allows for review
of the street network for the region.
Commissioner Richter stated that a system with multiple access points supports the new
urbanism which supports infrastructure and that she believes will alleviate potential congestion.
Commissioner Amsler stated that staff needed to incorporate the transportation plan with the
various infrastructure plans and parks plan. Mr. Payne stated that such plans are planned for
incorporation into the transportation plan. He added that he would provide Goldston Engineering
with a copy of all supporting plans to the transportation plan.
Larry Urban, 3535 Santa Fe, said that it is important to coordinate all infrastructure plans.
Mr. Urban said that the current problems with the plans are that they do not cover all of the city and
are constantly being altered and updated. He added that he has suggested that the City should
coordinate the plans, bring them up to date, and place them on the internet. He requested that the
plans effective date be as soon as they are available on the internet.
Mr. Urban suggested that there be consistency in norman clacher between plans. He added
that the platting ordinance is not consistent with the plan. He also suggested that guidelines
regarding right-of-way should be included. Mr. Urban said that the plan delineates the Southloop
in general terms. He suggested that it is appropriate to pinpoint the fight-of-way of the Southloop.
It will play an important part in the drainage of the city and can play a very important part in our
recreational park and quality of life issues.
Gretchen Arnold, 311 South Morningside, stated that she was appreciative of the inclusion
of a bicycling trail on the plan. She provided a brief history of a committee appointed by City
Council to address bicycling issuing. She stated that a bicycling plan needed to be coordinated with
the transportation plan. Ms. Arnold requested that the Commission forward the transportation plan
to City Council with the inclusion of the bicycling trail on the plan. In response to Vice Chairman
Mims, Ms. Arnold stated that she is working with Mr. Casteel of Texas Department of
Transportation and other city departments on a bicycle plan. She said that she would suggest that
a group of people meet with staff to finalize the project started by the advisory committee.
Mr. Payne said that there was some misinterpretation of the work that was submitted to the
City Staff from the advisory committee. The map provided did not show a lane with a stripe or a
shared lane.
In response to the Commission, Ms. Arnold stated that the transportation plan was a good
start, but that she would not feel comfortable commuting via bicycle after reviewing the plan. She
added that staff needed resources to accomplish the task of including a bike plan network into the
Transportation Plan.
Public hearing was closed.
Motion by Amsler, seconded by Mims, to forward a recommendation of approval of the
Urban Transportation Plan and also forward a resolution outlining concerns expressed by the
Commission. Motion passed with Pusley being out of the room and Zamora being absent.
Concerns include identifying specific coordinates for the Southloop, inclusion of bike paths
on the transportation paln throughout the city, Oso Creek development, coordination of the urban
transportation with other plans, regional parks, Oso Creek for drainage issues, funding for creek
crossing and consistency of norman clacher. Such concerns should be initiated within one year of
the adoption of the Urban Transportation Plan.
Page 1 of 3
AN ORDINANCE
AMENDING THE CORPUS CHRISTI URBAN TRANSPORTATION
PLAN, AN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY
OF CORPUS CHRISTI ("THE CITY"), BY ADOPTING THE REVISED
CORPUS CHRISTI URBAN TRANSPORTATION PLAN FOR THE CITY
AND ITS EXTRATERRITORIAL JURISDICTION; ESTABLISHING A
UNIFIED TRANSPORTATION PLAN FOR COORDINATION OF STREET
IMPROVEMENTS CONSISTENT WITH THE PUBLIC INTEREST;
RESCINDING THE CORPUS CHRISTI URBAN TRANSPORTATION
PLAN ADOPTED BY CITY COUNCIL ORDINANCE 022166,
FEBRUARY 22, 1995; AMENDING THE COMPREHENSIVE PLAN OF
THE CITY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the Transportation Advisory Board and the Planning Commission has each
forwarded to the City Council its reports and recommendations concerning the
amendment of the Corpus Christ Urban Transportation Plan, an element of the
Comprehensive Plan of the City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Monday, July
22, 2002, during a meeting of the Transportation Advisory Board, on Wednesday,
September 25, 2002, during a meeting of the Planning Commission, and on Tuesday,
March 11, 2003, 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;
WHEREAS, these amendments will:
1) Provide a unified Transportation Plan for coordination of street improvements;
2) Enable the City to require right-of-way (ROW) dedication prior to development, in
the city and the ET J, thereby minimizing the need for ROW pumhases;
3) Reduce traffic congestion on existing and future roads within the city and its ET J;
4) Unify and consolidate the transportation plans in 10 adopted area development
plans;
5) Provide greater right-of-way for placement of utilities outside of roadway
pavement;
6) Incorporate American Disability Act standards for sidewalks;
7) Meet TxDOT 2000 and AASHTO roadway design standards; and
WHEREAS, the City Council has determined that these amendments 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:
t:~LEG-DIR~DoyleDCurtis~VlYDOC S~2003\P&ZORD03\Development. Plan\Transpor.tation. PlanOrd.doc
Page 2 of 3
SECTION 1. That the Corpus Christi Urban Transportation Plan (an element of the
Comprehensive Plan of the City of Corpus Christi, Texas) is hereby amended by
adopting the revised Corpus Christi Urban Transportation Plan to read as shown in
Exhibit "A" attached hereto and hereby incorporated by reference.
SECTION 2. That the Corpus Christi Urban Transportation Plan adopted by City
Council Ordinance 022166, February 28, 1995, is hereby rescinded.
SECTION 3. That to the extent that the amendments made by this Ordinance represent
a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to
conform to the amendments made by this Ordinance.
SECTION 4. That the Comprehensive Plan of the City of Corpus Chdsti, Texas, as
amended from time to time, except as changed by this ordinance and any other
ordinances adopted on this date, remains in full fome and effect.
SECTION 5. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 6. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision hereof shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
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.
~-G-D~R~D~y~eD~urtis~YD~2~3\P&Z~RD~3~Deve~pment~P~an\Transp~r~tati~n~P~an~rd~d~c
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Page 3 of 3
That the foregoing ordinance was read for the first time and passed to its second
reading on this the 11th day of March, 2003, by the following vote:
Samuel L. Neal, Jr. Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
Brent Chesney
Javier D. Colmenem
Henry Garrett
William Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the 25th day of March, 2003, by the following vote:
Samuel L. Neal, Jr. Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
PASSED AND APPROVED on the 25th day of March, 2003.
ATTEST:
Armando Chapa
City Secretary
Chief, Administrative Law Section
Senior Assistant City Attorney
FOR CITY ATTORNEY
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
i:~LEG-DIR~DoyleDCurtis~VlYDOCS~003\P&ZORD03\Development. Plan\Transpor,tation.PlanOrd.doc
16
CITY COUNCIL
AGENDA MEMORANDUM
March ll, 2003
AGENDA ITEM:
An ordinance providing for the issuance of the general obligation refunding bonds, series 2003, of the
City of Corpus Christi, Texas, in an amount not to exceed twenty-five million dollars ($25,000,000);
establishing parameters regarding the sale of the bonds; approving the execution of a bond purchase
contract and an escrow agreement; and all other matters related thereto; and providing that this
ordinance shall be in force and effect from and after the date of its passage.
ISSUE:
This bond issue will refund a portion of the City's previously issued General Obligation Bonds and
Ce~'fficates of Obligation. The refund'rog will also cover costs of issuance. The bonds issued
represent a net present valued savings of $890,365 and a savings of 5.5% on the refunded bonds and
5.2% on the refunding bonds. The actual amount of present value savings will be determined when
the bonds are priced. The City Manager has the authority to sell the bonds on that day where interest
rates are most advantageous to the City.
REQU1RED COUNCIL ACTION:
Approval ofthe Ordinance is required. The proposed Ordinance authorizes the Acting City Manager
to sell the bonds and sign the bond purchase agreement to confirm the sale.
PREVIOUS COUNCIL ACTION:
There was no previous Council action.
FUTURE COUNCIL ACTION:
There is no future Council action.
FUNDING:
Funding will come from the bond proceeds.
RECOMMENDATION:
City Staff recommends approval of the Ordinance provid'mg for the issuance of not more than
$25,000,000 of the General Improvement Refund'rog Bonds, Series 2003, of the City of Corpus
Christi, Texas.
Direct('or' of Financial Services
ORDINANCE NO.
AN ORDINANCE PROVIDING FOR THE ISSUANCE OF THE GENERAL
IMPROVEMENT REFUNDING BONDS, SERIES 2003, OF THE CITY OF CORPUS
CHRISTI, TEXAS, IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE MILLION
DOLLARS ($25,000,000); ESTABLISHING PARAMETERS REGARDING THE SALE
OF THE BONDS; APPROVING THE EXECUTION OF A BOND PURCHASE
CONTRACT AND AN ESCROW AGREEMENT; AND ALL OTHER MA3-rERS
RELATED THERETO; AND PROVIDING THAT THIS ORDINANCE SHALL BE IN
FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE.
WHEREAS, the City Council has determined to authorize the refunding of all or a portion of
the outstanding obligations of the City described in Schedule I attached to this ordinance (the
"Refunded Obligations") to achieve a debt service savings with respect to Refunded Obligations;
and
WHEREAS, because of fluctuating conditions in the municipal bond market, the City Council
has determined to delegate to the City Manager the authority to effect the sale of the bonds
hereinafter authorized for the purpose of providing for the refunding of the obligations described in
Schedule I, subject to the parameters hereinafter described; and
WHEREAS, the bonds hereinafter authorized are to be issued and delivered pursuant to the
laws of the State of Texas, including specifically Chapter 1207, Texas Govemment Code, for the
purposes set forth above.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
1. That there shall be authorized to be issued, sold, and delivered hereunder fully registered
bonds, without interest coupons (the "Bonds" or the "Sedes 2003 Bonds"), numbered consecutively
from R-1 upward, payable to the respective initial registered owners thereof, or to the registered
assignee or assignees of the Bonds or any portion or portions thereof, in the denomination of $5,000
or a.ny.integml multiplethemof (an "Authorized Denomination"), maturing not later than July 15, 2020,
payable serially or otherwise on the dates, in the years and in the principal amounts, respectively,
and dated, all as set forth in the hereinafter defined Pumhase Contract. The Bonds are hereby
authorized to be issued for the purpose of refunding the Refunded Obligations and to pay the costs
of issuing the Bonds. The Bonds authorized by this Ordinance to be issued, sold and delivered
may not be sold in an aggregate principal amount in excess of Twenty-Five Million Dollars
($25,000,000).
2. (a) That the Bonds will be sold through a negotiated sale pursuant to the procedures set
forth herein. J.P. Morgan Securities Inc. is hereby designated to be the senior managing underwriter
for the Bonds. The City Manager, acting for and on behalf of the City, is authorized to enter into and
carry out the terms and conditions set forth in a purchase contract with J.P. Morgan Securities Inc.,
acting as representative for the investment banking firms named in such contract (the
"Underwriters"), in substantially the form attached hereto and made a part hereof for all purposes,
with such changes as may be necessary to effect the sale of the Bonds to the Underwriters (the
"Purchase Contract"). The Bonds shall be sold to the Underwriters at such pdce, and subject to
such terms and conditions as set forth in the Purchase Contract, as shall be determined by the City
Manager pursuant to subsection (c) below. The authority of the City Manager to execute the
Purchase Contract shall expire if the Purchase Contract has not been executed by the City and by
the Underwriters (acting through their duly designated representative) by 5:00 p.m., Fdday, June 20,
2003. Prior to the execution of the Purchase Contract, the Bonds shall have an underlying rating
from a nationally-recognized municipal bond rating agency in one of the four highest generic rating
categories. Any finding or determination made by the City Manager relating to the issuance and sale
of the Bonds and the execution of the Purchase Contract in connection therewith shall have the
same force and effect as a finding or determination made by the City Council.
(b) As authorized by Chapter 1207, Texas Government Code, the City Manager is hereby
authorized, appointed, and designated to act on behalf of the City in selling and delivering the Bonds
and carrying out the other procedures specified in this Ordinance, including determining and fixing
the date of the Bonds, any additional or different designation or title by which the Bonds shall be
-2-
known, the aggregate principal amount of the Bonds, the date of delivery of the Bonds, the pdce at
which the Bonds will be sold, the years in which the Bonds will mature, the principal amount of
Bonds to mature in each of such years, the rate of interest to be bome by each such maturity, the
interest payment periods, the dates, pdce, and terms upon and at which the Bonds shall be subject
to redemption prior to maturity at the option of the City, as well as any mandatory sinking fund
redemption provisions, and all other matters relating to the issuance, sale, and delivery of the
Bonds, and the refunding of the Refunded Obligations, including, without limitation, obtaining a
municipal bond insurance policy in support of the Bonds, all of which shall be specified in the
Purchase Contract; provided, that (i) the pdce to be paid for the Bonds shall not less than 95% of
the aggregate odginal principal amount thereof, plus accrued interest thereon fi'om the date of their
delivery, (ii) none of the Bonds shall bear interest at a rate greatar than 10% per annum, and (iii) the
Bonds may not be sold for the purpose of refunding the Refunded Obligations unless the refunding
of the Refunded Obligations results in achieving the minimum net present value debt service
savings threshold described in Section 18 of this Ordinance.
(c) The City Manager and the Director of Financial Services are authorized and directed to
provide for and oversee the preparation of a final official statement in connection with the issuance
of the Bonds, and to approve such final official statement and deem the preliminary official
statement prepared in connection with the sale of the Bonds final in compliance with the Rule and
to provide it to the Underwriters of the Bonds in compliance with the Rule. The use of the
preliminary official statement prepared in connection with the sale of the Bonds is hereby ratified.
3. To the extent so provided for in the Pumhase Contract, the Bonds may be subject to
redemption pdor to their scheduled maturities. Should the Purchase Contract provide for the
redemption of the Bonds pdor to their scheduled maturities at the option of the City, if less than all
of the Bonds are to be redeemed by the City, the City shall determine the matudty or maturities and
the amounts thereof to be redeemed and shall direct the Paying Agent/Registrar (hereinafter
-3-
defined) to cell by lot Bonds, or portions thereof, within such maturity or maturities and in such
principal amounts for redemption; provided, that during any peded in which ownemhip of the Bonds
is determined only by a book entry at a securities depository for the Bonds, if fewer than all of the
Bonds of the same maturity and beadng the same interest rate are to be redeemed, the particular
Bonds of such maturity and beadng such interest rate shall be selected in accordance with the
arrangements between the City and the securities depository. Should the Purchase Contract
provide for the mandatory sinking fond redemption of Bonds, the terms and conditions goveming
any such mandatory sinking fund redemption and the payment of sinking fond installments relating
thereto shall be as set forth in the Purchase Contract.
At least 30 days prior to the date fixed for any such redemption the City shall cause (i) a
written notice of such redemption to be deposited in the United States Mail, first-class postage
prepaid, addressed to each such registered owner at his address shown on the Registration Books
(hereinafter defined) of the Paying Agent/Registrar and (ii) notice of such redemption either to be
published one (1) time in or posted electronicelly on the website of a financial journal or publication
of general drculation in the United States of Amedca or the State of Texas carrying as a regular
feature notices of municipal bonds celled for redemption; provided however, that the failure to send,
mail, or receive such notice described in (i) above, or any defect therein or in the sending or mailing
thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any
Series 2003 Bond, and it is hereby specifically provided that the provision of notice described in (ii)
above shall be the only notice actually required in connection with or as a prerequisite to the
redemption of any Sedes 2003 Bonds. By the date fixed for any such redemption, due provision
shall be made with the Paying Agent/Registrar for the payment of the required redemption price for
the Series 2003 Bonds or the portions thereof which are to be so redeemed, plus accrued interest
thereon to the date fixed for redemption. If such notice of redemption is given, and if due provision
for such payment is made, all as provided above, the Series 2003 Bonds or the portions thereof
-4-
which are to be so redeemed, thereby automatically shall be redeemed pdor to their scheduled
maturities, and shall not bear interest after the date fixed for their redemption, and shall not be
regarded as being outstanding except for the right of the registered owner to receive the redemption
pdce plus accrued interest to the date fixed for redemption Eom the Paying Agent/Reglatrar out of
the funds provided for such payment. The Paying Agent/Registrar shall record in the registration
books all such redemptions of principal of the Series 2003 Bonds or any portion thereof. If a portion
of any Sedes 2003 Bond shall be redeemed a substitute Sedes 2003 Bond or Series 2003 Bonds
having the same maturity date, bearing interest at the same rate, in any denomination or
denominations in any integral multiple of $5,000, at the written request of the registered owner, and
in an aggregate principal amount equal to the unredeemed portion thereof, will be issued to the
registered owner upon the surrender thereof for cancellation, at the expanse of the City, all as
provided in this Ordinance.
In addition to the foregoing, the City shall cause the Paying Agent/Regist~'ar to give notice of
any such redemption in the manner sat forth in Section 5(h) hereof. The failure to cause such
notice to be given, however, or any defect therein, shall not affect the validity or effectNeness of
such redemption.
4. That the Bonds shall bear interest calculated on the basis of a 360-day year composed
of twelve 30-day months from the dates specified in the FORM OF BOND to their respective dates
of maturity at the rates set forth in the Purchase Contract. Interest on the Bonds shall be payable
on the dates as set forth in the Purchase Contract, until the maturity or prior redemption of the
Bonds.
5. (a) The City shall keep or cause to be kept at the designated corporate trust office in
Dallas, Texas (the "Designated Trust Office") of JPMorgan Chase Bank (the "Paying
Agent/Registrar"), or such other bank, trust company, financial institution, or other agency named
in accordance with the provisions of (g) below, books or records of the registration and transfer of
-5-
the Sedes 2003 Bonds (the "Registration Books"), and the City hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
transfers and registrations under such reasonable regulations as the City and Paying Agent/-
Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and regis-
trations as herein provided. It shall be the duty of the Paying Agent/Registrar to obtain f~om the
registered owner and record in the Registration Books the address of such registered owner of each
bend to which payments with respect to the Sedes 2003 Bonds shall be mailed, as herein provided.
The City or its designee shall have the right to inspect the Registration Books during regular
business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep
the Registration Books confidential and, unless otherwise required by law, shall not permit their
inspection by any other entity. Registration of each Sedes 2003 Bond may be transferred in the
Registration Books only upon presentation and surrender of such bond to the Paying Agent/-
Registrar for transfer of registration and cancellation, together with proper written instruments of
assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar,
evidencing the assignment of such bond, or any portion thereof in any integral multiple of $5,000,
to the assignee or assignees thereof, and the right of such assignee or assignees to have such
bond or any such portion thereof registered in the name of such assignee or assignees. Upon the
assignment and transfer of any Sedes 2003 Bond or any portion thereof, a new substitute bond or
bonds shall bo issued in exchange therefor in the manner herein provided.
(b) The entity in whose name any Series 2003 Bond shall be registered in the Registration
Books at any time shall be treated as the absolute owner thereof for all purposes of this Ordinance,
whether or not such bond shall be overdue, and the City and the Paying Agent/Registrar shall not
be affected by any notice to the contrary; and payment of, or on account of, the principal of,
premium, if any, and interest on any such bond shall be made only to such registered owner. All
such payments shall be valid and effectual to satisfy and discharge the liability upon such bond to
the extent of the sum or sums so paid.
(c) The City hereby further appoints the Paying Agent/Registrar to act as the paying agent
for paying the principal of and interest on the Series 2003 Bonds, and to act as its agent to exchange
or replace Series 2003 Bonds, all as provided in this Ordinance. The Paying Agent/Regis'mar shall
keep proper records of all payments made by the City and the Paying Agent/Registrar with respect
to the Series 2003 Bonds, and of all exchanges thereof, and ail replacements thereof, as provided
in this Ordinance.
(d) Each Series 2003 Bond may be exchanged for fully registered bonds in the manner set
forth herein. Each bond issued and delivered pursuant to this Ordinance, to the extent of the unre-
deemed principal amount thereof, may, upon surrender thereof at the Designated Trust Office of
the'Paying Agent/Registrar, together with a written request therefor duly executed by the registered
owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representa-
tives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, at the option of the
registered owner or such assignee or assignees, as appropriate, be exchanged for fully registered
bonds, without interest coupons, in the form prescribed in the FORM OF BOND, in the denomina-
tion of $5,000, or any integral multiple thereof (subject to the requirement hereinafter stated that
each substitute bond shall have a single stated maturity date), as requested in writing by such
registered owner or such assignee or assignees, in an aggregate principal amount equal to the
unredeemed principal amount of any Series 2003 Bond or Series 2003 Bonds so surrendered, and
payable to the appropriate registered owner, assignee, or assignees, as the case may be. If a
portion of any Series 2003 Bond shall be redeemed prior to its scheduled maturity as provided
herein, a substitute bond or bonds having the same maturity date, bearing interest at the same rate,
in the denomination or denominations of any integral multiple of $5,000 at the request of the
registered owner, and in an aggregate principal amount equal to the unredeemed portion thereof,
will be issued to the registered owner upon surrender thereof for cancellation. If any Series 2003
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Bond or portion thereof is assigned and transferred, each bend issued in exchange therefor shall
have the same principal matudty date and bear interest at the same rate as the bend for which it is
being exchanged. Each substitute bend shall bear a letter and/or number to distinguish it from each
other bond. The Paying Agent/Registrar shall exchange or replace Sedes 2003 Bonds as provided
herein, and each fully registered bond or bonds delivered in exchange for or replacement of any
Series 2003 Bond or portion thereof as permitted or required by any provision of this Ordinance shall
constitute one of the Series 2003 Bonds for all purposes of this Ordinance, and may again be
exchanged or replaced. It is specifically provided, however, that any Sedes 2003 Bond delivered
in exchange for or replacement of another Sedes 2003 Bond pdor to the tirst sc. heduied interest
payment date on the Sedes 2003 Bonds (as stated on the face thereof) shall be dated the same
date as such Series 2003 Bond, but each substitute bend so delivered on or after such first sched-
uled interest payment date shall be dated as of the interest payment date preceding the date on
which such substitute bend is delivered, unless such substitute bend is delivered on an interest
payment date, in which case it shall be dated as of such date of delivery; provided, however, that
if at the time of delivery of any substitute bond the interest on the bond for which it is being ex-
changed has not been paid, then such substitute bond shall be dated as of the date to which such
interest has been paid in full. On each substitute bond issued in exchange for or replacement of any
Series 2003 Bond or Series 2003 Bonds issued under this Ordinance there shall be printed thereon
a Paying Agent/Registrar's Authentication Certificate, in the form hereinafter set forth in the FORM
OF BOND. An authorized representative of the Paying Agent/Registrar shall, before the delivery of
any such substitute bend, date such substitute bend in the manner set forth above, and manually
sign and date such Certificate, and no such substitute bend shall be deemed to be issued or out~
standing unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel
all Sedes 2003 Bonds surrendered for exchange or replacement. No additional ordinances, orders~
or resolutions need be passed or adopted by the City Council or any other body or person so as to
-8-
accomplish the foregoing exchange or replacement of any Series 2003 Bond or portion hereof, and
the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute
bonds in the manner prescribed herein, and said bonds shall be of type composition printed on
paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to
Chapter 1206, Texas Govemment Code, the duty of exchange or replacement of any Series 2003
Bond as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of
said Paying Agent/Registrar's Authentication Certificate, the exchanged or replaced bond shall be
valid, incontestable, and enforceable in the same manner and with the same effect as the Series
2003 Bonds which originally were delivered pursuant to this Ordinance, approved by the Attorney
General, and registered by the Comptroller of Public Accounts. Neither the City nor the Paying
Agent/Registrar shall be required (1) to issue, transfer, or exchange any bond during a period
beginning at the opening of business 30 days before the day of the first mailing of a notice of
redemption of bonds and ending at the close of business on the day of such mailing, or (2) to
transfer or exchange any bond so selected for redemption in whole when such redemption is
scheduled to occur within 30 calendar days.
(e) All Series 2003 Bonds issued in exchange or replacement of any other Series 2003
Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the
principal of and interest on such Series 2003 Bonds to be payable only to the registered owners
thereof, (ii) may be redeemed prior to their scheduled maturities, (iii) may be transferred and
assigned, (iv) may be exchanged for other Series 2003 Bonds, (v) shall have the characteristics,
(vi) shall be signed and sealed, and (vii) the principal of and interest on the Series 2003 Bonds shall
be payable, all as provided, and in the manner required or indicated, in the FORM OF BOND.
(f) The City shall pay the Paying AgentJRegistrar's reasonable and customary fees and
charges for making transfers of Series 2003 Bonds, but the registered owner of any Series 2003
Bond requesting such transfer shall pay any taxes or other governmental charges required to be
-9-
paid with respect thereto. The registered owner of any Series 2003 Bond requesting any exchange
shall pay the Paying Agent/Registrar's reasonable and standard or customary fees and charges for
exchanging any such bond or portion thereof, together with any taxes or govemmental charges
required to be paid with respect thereto, all as a condition precedent to the exemise of such privilege
of exchange, except, however, that in the case of the exchange of an assigned and transferred bond
or bonds or any port, on or portions thereof in any integral multiple of $5,000, and in the case of the
exchange of the unredeemed portion of a Series 2003 Bond which has been redeemed in part prior
to maturity, as provided in this Ordinance, such fees and charges will be paid by the City. In
addition, the City hereby covenants with the registered owners of the Series 2003 Bonds that it will
(i) pay the reasonable and standard or customary fees and charges of the Paying Agent/Registrar
for its services with respect to the payment of the pdndpal of and interest on the Series 2003
Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with
respect to the transfer or registration of Sedes 2003 Bonds solely to the extent above provided, and
with respect to the exchange of Series 2003 Bonds solely to the extent above provided.
(g) The City covenants with the registered owners of the Series 2003 Bonds that at all times
while the Series 2003 Bonds are outstanding the City will provide a competent and legally qualified
bank, trust company, financial institution, or other agency to act as and perform the services of
Paying Agent/Registrar for the Series 2003 Bonds under this Ordinance, and that the Paying Agent/-
Registrar will be one entity. The City reserves the right to, and may, at its option, change the Paying
Agent/Registrar upon not less than 60 days written notice to the Paying Agent/Registrar. In the
event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger,
acquisition, or other method) should resign or otherwise cease to act as such, the City covenants
that promptly it will appoint a competent and legally qualified national or state banking institution
which shall be a corporation organized and doing business under the laws of the United States of
America or of any state, authorized under such laws to exercise trust powers, subject to supervision
-10-
or examination by federal or state authority, and whose qualifications substantially are similar to the
previous Paying Agent/Registrar to act as Paying ,'~.gent/Registrar under this Ordinance. Upon any
change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer
and deliver the Registration Books (or a copy thereof), along with all other pertinent books and
records relating to the Series 2003 Bonds, to the new Paying Agent/Registrar designated and
appointed by the City. Upon any change in the Paying Agent/Registrar, the City promptly will cause
a written notice thereof to be sent by the new Paying Agent/Registrar to each registered owner of
the Series 2003 Bonds, by United States mail, first-class postage prepaid, which notice also shall
give the address of the new Paying Agent/Registrar. By accepting the position and performing as
such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this
Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar.
(h) (i) In addition to the manner of providing notice of redemption of Series 2003
Bonds as set forth in this Ordinance, the Paying Agent/Registrar shall give notice of redemption of
Series 2003 Bonds by United States Mail, first-class postage prepaid, at least 30 days prior to a
redemption date to each NRMSIR (as defined in Section 14 hereof) and the SID (as defined in
Section 14 hereof). In addition, in the event of a redemption caused by an advance refunding of the
Series 2003 Bonds, the Paying Agent/Registrar shall send a second notice of redemption to the
persons specified in the immediately preceding sentence at least 30 days but not more than 90 days
prior to the actual redemption date. Any notice sent to the NRMSIRs or the SID shall be sent so that
they are received at least two days prior to the general mailing or publication date of such notice.
The Paying Agent/Registrar shall also send a notice of prepayment or redemption to the owner of
any Sedes 2003 Bond who has not sent the Series 2003 Bonds in for redemption 60 days after the
redemption date.
(ii) Each redemption notice, whether required in the FORM OF BOND or otherwise by
this Ordinance, shall contain a description of the Sedes 2003 Bonds to be redeemed, including the
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complete name of the Series 2003 Bonds, the series, the date of issue, the interest rate, the
maturity date, the CUSIP number, if any, the amounts called of each certificate, the publication and
mailing date for the notice, the date of redemption, the redemption price, the name of the Paying
Agent/Registrar and the address at which the Series 2003 Bond may be redeemed, including a
contact person and telephone number.
(iii) All redemption payments made by the Paying Agent/Registrar to the registered
owners of the Series 2003 Bonds shall include CUSIP numbers relating to each amount paid to
such registered owner.
6. The form of all Series 2003 Bonds, including the form of the Comptroller's Registration
Certificate to accompany the Series 2003 Bonds on the initial delivery thereof, the form of Paying
Agent/Registrar's Authentication Certificate, and the Form of Assignment to be printed on each of
the Series 2003 Bonds, shall be, respectively, substantially as set forth in Exhibit A to this
Ordinance, with such appropriate variations, omissions, or insertions as are permitted or required
by this Ordinance.
7. That a special fund or account, to be designated the "City of Corpus Chdsti, Texas Series
2003 General Improvement Refunding Bonds Interest and Sinking Fund" (the "Interest and Sinking
Fund") is hereby created and shall be established and maintained by the City at its official depository
bank. The Interest and Sinking Fund shall be kept separate and apart from all other funds and
accounts of the City, and shall be used only for paying the interest on and principal of the Series
2003 Bonds. All taxes levied and collected for and on account of the Series 2003 Bonds shall be
deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any
of the Series 2003 Bonds is outstanding and unpaid, the City Council of the City shall compute and
ascertain the rate and amount of ad valorem tax, based on the latest approved tax rolls of the City,
with full allowances being made for tax delinquencies and costs of tax collections, which will be
sufficient to raise and produce the money required to pay the interest on the Sedes 2003 Bonds as
-12-
such interest comes due, and to provide a sinking fund to pay the principal of the Series 2003 Bonds
as such principal matures, but never less than 2% of the original principal amount of the Series 2003
Bonds as a sinking fund each year. Said rate and amount of ad valorem tax is hereby ordered to
be levied and is hereby levied against all taxable property in the City for each year while any of the
Series 2003 Bonds is outstanding and unpaid, and said ad valorem tax shall be assessed and
collected each such year and deposited to the credit of the Interest and Sinking Fund. The ad
valorem taxes necessary to pay the interest on and principal of the Series 2003 Bonds, as such
interest comes due, and such principal matures, are hereby pledged for such purpose, within the
limit prescribed by law. To the extent necessary, there shall be appropriated from the General Fund
of the City for deposit into the Interest and Sinking Fund moneys as may be necessary to pay the
first scheduled interest payment on the Series 2003 Bonds.
8. (a) In the event any outstanding Series 2003 Bond is damaged, mutilated, lost, stolen,
or destroyed, the Paying Agent/Registrar shall cause to he printed, executed, and delivered, a new
bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost,
stolen, or destroyed Series 2003 Bond, in replacement for such Series 2003 Bond in the manner
hereinafter provided.
(b) Application for replacement of damaged, mutilated, lost, stolen, or destroyed Series 2003
Bonds shall be made to the Paying Agent/Registrar. In every case of loss, theft, or destruction of
a Series 2003 Bond, the applicant for a replacement bond shall fumish to the City and to the Paying
Agent/Registrar such security or indemnity as may be required by them to save each of them
harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or
destruction of a Series 2003 Bond, the applicant shall furnish to the City and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Series 2003
Bond, as the case may be. in every case of damage or mutilation of a Series 2003 Bond, the
applicant shall surrender to the Paying Agent/Registrar for cancellation the Series 2003 Bond so
-13-
damaged or mutilated.
(c) Notwithstanding the foregoing provisions of this Section, in the event any such Series
2003 Bond shall have matured, and no default has occurred which is then continuing in the payment
of the principal of, redemption premium, if any, or interest on the Series 2003 Bond, the City may
authorize the payment of the same (without surrender thereof except in the sase of a damaged or
mutilated Series 2003 Bond) instead of issuing a replacement Series 2003 Bond, provided security
or indemnity is furnished as above provided in this Section.
(d) Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge
the owner of such Series 2003 Bond with all legal, printing, and other expenses in connection
therewith. Every replacement bond issued pumuant to the provisions of this Section by virtue of the
fact that any Series 2003 Bond is lost, stolen, or destroyed shall constitute a contractual obligation
of the City whether or not the lost, stolen, or destroyed Series 2003 Bond shall be found at any ti me,
or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and
proportionately with any and all other Series 2003 Bonds duly issued under this Ordinance.
(e) In accordance with Chapter 1206, Texas Government Code, this Section of this
Ordinance shall constitute authority for the issuance of any such replacement bond without
necessity of further action by the governing body of the City or any other body or person, and the
duty of the replacement of such bonds is hereby authorized and imposed upon the Paying
Agent/Registrar, subject to the conditions imposed by this Section 8 of this Ordinance, and the
Paying Agent/Registrar shall authenticate and deliver such bonds in the form and manner and with
the effect, as provided in Section 5(d) of this Ordinance for Series 2003 Bonds issued in exchange
for other Series 2003 Bonds.
9, That the City Manager of the City is hereby authorized to have control of the Sedes 2003
Bonds and all necessary records and proceedings pertaining to the Sedes 2003 Bonds pending
their deliveryand their investigation, examination and approval by the Attomey General of the State
-14-
of Texas, and their registration bythe Comptroller of PublicAccounts ofthe State of Texas. Upon
registration of the Sedes 2003 Bonds, the Comptroller of Public Accounts (or a deputy designated
in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate
accompanying the Sedes 2003 Bonds, and the seal of said Comptroller shall be impressed, or
placed in facsimile, on each such certificate.
10. That the Mayor, the City Secretary or Assistant City Secretary, the City Manager, the
Director of Financial Services and all other officers, employees, and agents of the City, and each
of them, shall be and they are hereby expressly authorized, empowered, and directed from time to
time and at any time to do and perform all such acts and things and to execute, acknowledge, and
deliver in the name and under the seal and on behalf of the City all such instruments, whether or not
herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions
of this Ordinance, the Bonds, the Escrow Agreement, the Purchase Contract, the offering
documents prepared in connection with the sale of the Bonds, or the Paying Agent/Registrar
Agreement. In case any officer whose signature appears on any Bond shall cease to be such
officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient
for all purposes the same as if he or she had remained in office until such delivery.
11. That the Issuer covenants to take any action to assure, or refrain from any action which
would adversely affect, the treatment of the Series 2003 Bonds as obligations described in section
103 of the Intemal Revenue Code of 1986 (the "Cede"), the interest on which is not includable in the
"gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the
Issuer covenants as follows:
(a) to take any action to assure that no more than 10 percent of the proceeds of
the Sedes 2003 Bonds or the projects financed therewith (less amounts deposited to a
reserve fund, if any) are used for any "private business use", as defined in section 141(b)(6)
of the Cede or, if more than 10 percent of the proceeds are so used, that amounts, whether
-15-
or not received by the Issuer, with respect to such private business use, do not, under the
terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or
provide for the payment of more than 10 percent of the debt service on the Series 2003
Bonds, in contravention of sectlon 141(b)(2) of the Code;
(b) to take any ac'don to assure that in the event that the "private business use"
described in subsection (a) hereof exceeds 5 percent of the proceeds of the Series 2003
Bonds or the projects financed therewith (less amounts deposited into a reserve fund, if any)
then the amount in excess of 5 percent is used for a "private business use" which is
"related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to
the governmental use;
(c) to take any action to assure that no amount which is greater than the lesser
of $5,000,000, or 5 percent of the proceeds of the Series 2003 Bonds (less amounts
deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons,
other than state or local governmental units, in contravention of section 141 (c) of the Code;
(d) to refrain from taking any action which would otherwise result in the Series
2003 Bonds being treated as "private activity bonds" within the meaning of section 141(b)
of the Code;
(e) to refrain from taking any action that would result in the Series 2003 Bonds
being '%~,derally guaranteed" within the meaning of section 149(b) of the Code;
(f) to refrain from using any portion of the proceeds of the Series 2003 Bonds,
directly or indirectly, to acquire or to replace funds which were used, directly or indirectly,
to acquire investment property (as defined in section 148(b)(2) of the Code) which produces
a materially higher yield over the term of the Series 2003 Bonds, other than investment
property acquired with -
(1) proceeds of the Series 2003 Bonds invested for a reasonable
-16-
temporary period of 3 yearn or less until such proceeds are needed for the purpose
for which the bonds ara issued,
(2) amounts invested in a bona fide debt service fund, within the meaning
of section 1.148-1(b) of the Treasury Regulations, and
(3) amounts deposited in any reasonably required reserve or
replacement fund to the extent such amounts do not exceed 10 percent of the
proceeds of the Series 2003 Bonds;
(g) to otherwise restrict the use of the proceeds of the Series 2003 Bonds or
amounts treated as proceeds of the Series 2003 Bonds, as may be necessary, so that the
Series 2003 Bonds do not otherwise contravene the requirements of section 148 of the
Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating
to advance refundings); and
(h) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Series 2003 Bonds) an amount that is at least
equal to 90 pement of the "Excess Earnings", within the meaning of section 148(f') of the
Code and to pay to the United States of America, not later than 60 days after the Series 2003
Bonds have been paid in full, 100 percent of the amount then required to be paid as a result
of Excess Earnings under section 148(f) of the Code.
For purposes of the foregoing clauses (a) and (b) above, the Issuer understands that the term
"proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case
of a refunding bond, transferred proceeds (if any) and proceeds of the refunded bonds expended
prior to the date of the issuance of the Bonds. It is the understanding of the Issuer that the
covenants contained herein are intended to assure compliance with the Code and any regulations
or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that
regulations or rulings ara hereafter promulgated which mod~ or expand provisions of the Code, as
-17-
applicable to the Bonds, the Issuer will not be required tO comply with any covenant contained herein
to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will
not adversely affect the exemption from federal income taxation of interest on the Bonds under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which
impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with
the additional requirements to the extent necessary, in the opinion of nationally-recognized bond
counsel, to preserve the exemption from federal income taxation of interest on the Bonds under
section 103 of the Code. In furtherance of the foregoing, the Mayor, the City Manager, any Assistant
City Manager, and the Director of Financial Services may execute any certificates or other reports
required by the Code and to make such elections, on behalf of the City, which may be permitted by
the Cede as ara consistent with the purpose for the issuance of the Bonds.
In order to facilitate compliance with the above clause (h), a "Rebate Fund" is hereby
established by the City for the sole benefit of the United States of America, and such Rebate Fund
shall not be subject to the claim of any other person, including without limitation the registered
owners of the Bonds. The Rebate Fund is established for the additional purpose of compliance with
section 148 of the Code.
12. That the Issuer covenants to account for the expenditure of proceeds from the sale of
the Series 2003 Bonds and any investment earnings thereon to be used for the Project on its books
and records by allocating proceeds to expenditures within 18 months of the later of the date that (a)
the expenditure on a Project is made or (b) each such Project is completed. The foregoing
notwithstanding, the issuer shall not expend such proceeds or investment earnings more than 60
days after the later of (a) the fifth anniversary of the date of delivery of the Series 2003 Bonds or (b)
the date the Series 2003 Bonds are retired, unless the Issuer obtains an opinion of nationally-
recognized bond counsel substantially to the effect that such expenditure will not adversely affect
the tax-exempt status of the Series 2003 Bonds.
-18-
13. That the Issuer covenants that the property constituting a Project will not be sold or
otherwise disposed In a transaction resulting in the receipt by the Issuer of cash or other
compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel
substantially to the effect that such sale or other disposition will not adversely affect the tax-exempt
status of the Series 2003 Bonds. For purposes of this Section, the portion of the property
comprising personal property and disposed of in the ordinary course of business shall not be treated
as a transaction resulting in the receipt of cash or other compensation. For purposes of this
Section, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion of
nationally-recognized bond counsel to the effect that such failure to comply will not adversely affect
the excludability for federal income tax purposes from gross income of the interest.
14. (a) Definitions. That as used in this Section, the following terms have the meanings
ascdbed to such terms below:
"MSRB" means the Municipal Securities Rulemaldng Board.
"NRMSII~' means each person whom the SEC or its staff has determined to be a
nationally recognized municipal securities information repository within the meaning of the Rule from
time to time.
"Rule" means SEC Rule 15c2-12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
"SID" means any person designated by the State of Texas or an authorized
department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state
information depository within the meaning of the Rule from time to time.
(b) AnnualReports. (i) The City shall provide annually to each NRMSIR and any SID, within
six months after the end of each fiscal year ending in or after 2003, financial information and
operating data with respect to the City of the general type included in the final Official Statement
authorized by Section 2(c) of this Ordinance, being the information described in Exhibit B hereto.
Any financial statements so to be provided shall be (1) prepared in accordance with the accounting
principles described in Exhibit B hereto, or such other accounting principles as the City may be
required to employ from time to time pursuant to state law or regulation, and (2) audited, if the City
commissions an audit of such statements and the audit is completed within the Defied during which
they must be provided. If the audit of such financial statements is not complete within such pedod,
then the City shall provide unaudited financial statements by the required time, and shall provide
audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and
if the audit report on such statements becomes available.
(ii) If the City changes its fiscal year, it will notify each NRMSlR and any SID of the change
(and of the date of the new fiscal year end) prior to the next date by which the City otherwise would
be required to provide financial information and operating data pursuant to this Section. The
financial information and operating data to be provided pursuant to this Section may be set forth in
full in one or more documents or may be included by specific reference to any document (including
an official statement or other offedng document, if it is available from the MSRB) that theretotora has
been provided to each NRMSIR and any SID or filed with the SEC.
(c) Matedal Event Notices. The City shall notify any SlD and either each NRM$1R or the
MSRB, in a timely manner, of any of the following events with respect to the Sedes 2003 Bonds, if
such event is material within the meaning of the federal securities laws:
1. Principal and interest payment delinquencies;
2. Non-payment related defaults;
3. Unscheduled draws on debt service reserves reflecting financial difficulties;
4. Unscheduled draws on credit enhancements reflecting financial difficulties;
5. Substitution of credit or liquidity providers, or their failure to perform;
6. Adverse tax opinions or events affecting the tax-exempt status of the Series
2003 Bonds;
7. Modifications to fights of holders of the Series 2003 Bonds;
8. Series 2003 Bond calls;
9. Defeasances;
10. Release, substitution, or sale of property securing repayment of the Series
2003 Bonds; and
11. Rating changes.
-20-
The City shall noflflj any SID and either each NRMSIR or the MSRB, in a timely manner, of any
failure by the City to provide financial information or operating data in accordance wffh subsection
(b) of this Section by the time required by such subsection.
(d) Limitations, Disclaimers, and Amendments. (i) TheCityshallbeobligatedtoobserve
and perfon~ the covenants specified in this Section for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Series 2003 Bonds within the meaning of the
Rule, except that the City in any event will give notice of any deposit made in accordance with this
Ordinance or applicable law that causes any Series 2003 Bonds no longer to be outstanding.
(ii) The provisions of this Section are for the sole benefit of the holders and beneficial
owners of the Series 2003 Bonds, and nothing in this Section, express or implied, shall give any
benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The City
undertakes to provide only the financial information, operating data, financial statements, and notices
which it has expressly agreed to provide pursuant to this Section and does not hereby undertake
to provide any other information that may be relevant or matedal to a complete presentation of the
City's financial results, condition, or prospects or to update any information provided in accordance
with this Section or otherwise, except as expressly provided herein. The City does not make any
representation or warranty concerning such information or its usefulness to a decision to invest in
or sell Series 2003 Bonds at any future date.
(iii) UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY SERIES 2003 BOND OR ANY OTHER PERSON, IN CONTRACT
OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE
CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN
CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED
TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
-21-
(iv) No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under the Ordinance for purposes of any other provision of this
Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
(v) The provisions of this Section may be amended by the City from time to time to adapt
to changed circumstances that arise from a change in legal requirements, a change in law, or a
change in the identity, nature, status, or type of operations of the City, but only if (1) the provisions
of this Section, as so amended, would have permitted an undenvriter to purchase or sell Series
2003 Bonds in the primary offering of the Series 2003 Bonds in compliance with the Rule, taking into
account any amendments or interpretations of the Rule since such offering as well as such
changed circumstances and (2) either (a) the holders of a majority in aggregate principal amount
(or any greater amount required by any other prevision of this Ordinance that authorizes such an
amendment) of the outstanding Series 2003 Bonds consent to such amendment or (b) a person
that is unaffiliated with the City (such as nationally recognized bond counsel) determines that such
amendment will not materially impair the interest of the holders and beneficial owners of the Series
2003 Bonds. If the City so amends the previsions of this Section, it shall include with any amended
financial information or operating data next provided in accordance with subsection (b) of this
Section an explanation, in narrative form, of the reason for the amendment and of the impact of any
change in the type of financial information or operating data so provided. The City may also amend
or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the
applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions
of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not
prevent an underwriter from lawfully purchasing or selling Series 2003 Bonds in the primary offering
of the Series 2003 Bonds.
15. That interest earnings derived from the investment of proceeds from the sale of the
-22-
Series 2003 Bonds shall be used along with other available bond proceeds for the construction of
the permanent improvements set forth in Section I hereof for which a portion of the Series 2003
Bonds are issued; provided that after completion of such permanent improvements, if any of such
interest earnings remain on hand, such interest eamings shall be deposited in the Interest and
Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which
are required to be rebated to the United States of America pursuant to Section 11 hereof in order
to prevent the Series 2003 Bonds from being arbitrage bonds shall be so rebated and not
considered as interest earnings for the purposes of this Section.
16. Thatthe Series 2003 Bonds initially shall be issued and delivered in such manner that
no physical distribution of the Series 2003 Bonds will be made to the public, and The Depository
Trust Company ("DTC"), New York, New York, initially will act as depository for the Series 2003
Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws
of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within
the meaning of the New York Uniform Commemial Code, and a "clearing agency" registered under
Section 17A of the Securities Exchange Act of 1934, as amended, and the City accepts, but in no
way verifies, such representations. The Series 2003 Bonds initially authorized by this Ordinance
shall be delivered to and registered in the name of CEDE & CO., the nominee of DTC. It is
expected that DTC will hold the Series 2003 Bonds on behalf of the Underwriters and their
participants. So long as each Series 2003 Bonds is registered in the name of CEDE & CO., the
Paying Agent/Registrar shall treat and deal with DTC the same in all respects as if it were the actual
and beneficial owner thereof. It is expected that DTC will maintain a book-entry system which will
identify ownership of the Series 2003 Bonds in integral amounts of $5,000, with transfers of
ownership being effected on the records of DTC and its participants pursuant to rules and
regulations established by them, and that the Series 2003 Bonds initially deposited with DTC shall
be immobilized and not be further exchanged for substitute Series 2003 Bonds except as hereinafter
provided. The City is not responsible or liable for any functions of DTC, will not be responsible for
paying any fees or charges with respect to its services, will not be responsible or liable for
maintaining, supervising, or reviewing the records of DTC or its participants, or protecting any
interests or rights of the beneficial owners of the Series 2003 Bonds. It shall be the duty of the DTC
Participants, as defined in the Official Statement herein approved, to make all arrangements with
DTC to establish this book-entry system, the beneficial ownership of the Series 2003 Bonds, and
the method of paying the fees and charges of DTC. The City does not represent, nor does it in any
way covenant that the initial book-entry system established with DTC will be maintained in the future.
Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any
reason any of the originally delivered Series 2003 Bonds is duly filed with the Paying Agent/Registrar
with proper request for transfer and substitution, as provided for in this Ordinance, substitute Series
2003 Bonds will be duly delivered as prov'~led in this Ordinance, and there will be no assurance or
representation that any book-entry system will be maintained for such Series 2003 Bonds. In
connection with the initial establishment of the foregoing book-entry system with DTC, the City
heretofore has executed a "Blanket Letter of Representations" prepared by DTC in order to
implement the book-entry system described above.
17. (a) Deemed Paid. Any Series 2003 Bond and the interest thereen shall be deemed to
be paid, retired and no longer outstanding (a "Defeased Bond") within the meaning of this
Ordinance, except to the extent provided in subsection (e) of this Section, when payment of the
principal of such Series 2003 Bond, plus interest thereon to the due date (whether such due date
be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been provided for on or before such due date
by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with
an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment
(1) lawful money of the United States of Americe sufficient to make such payment or
-24-
(2) Defeasance Securities that mature as to principal and interest in such amounts and at such
times as will insure the availability, without reinvestment, of sufficient money to provide for such
payment, and when proper arrangements have been made by the City with the Paying
Agent/Registrer for the payment of its services until all Defeased Bonds shall have become due and
payable. At such time as a Sedes 2003 Bond shall be deemed to be a Defeased Bond hereunder,
as aforesaid, such Series 2003 Bond and the interest thereon shall no longer be secured by,
payable Eom, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and
pledged as provided in this Ordinance, and such principal and interest shall be payable solely from
such money or Defeasance Securities. Upon entering into the Future Escrow Agreement with
respect to any such Series 2003 Bonds so defeased, such Series 2003 Bonds shall no longer be
outstanding for any purpose except for right of payment, and all dghts of the City to take any other
action amending the terms of such Series 2003 Bonds shall be extinguished.
(b) Investments. Any moneys so deposited with the Paying Agent/Registrar may at the
written direction of the City be invested in Defeasance Securities, matudng in the amounts and
times as hereinbefore set forth, and all income from such Defeasance Securities received by the
Paying Agent/Registrar that is not required for the payment of the Series 2003 Bonds and interest
thereon, with respect to which such money has been so deposited, shall be turned over to the City,
or deposited as directed in writing by the City. Any Future Escrow Agreement pursuant to which the
money and/or Defeasance Securities are held for the payment of Defeased Bonds may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in subsection (a)(i) or (ii) above. All income from such Defeasance Securities received by the
Paying Agent/Registrar which is not required for the payment of the Defeased Bonds, with respect
to which such money has been so deposited, shall be remitted to the City or deposited as directed
in wdting by the City.
(c) Selection of Defeased Bonds. In the event that the City elects to defease less than all
of the principal amount of Series 2003 Bonds of a maturity, the Paying Agent/Registrar shall select,
or cause to be selected, such amount of Series 2003 Bonds by such random method as it deems
fair and appropriate.
(d) Defeasance ObligaUons. The term "Defeasance Securities" means (i) direct, noncallable
obligations of the United States of America, including obligations that ara unconditionally guaranteed
by the United States of America, (ii) noncallable obligations of an agency or instrumentality of the
United States of America, including obligations that ara unconditionally guaranteed or insured by the
agency or instrumentality and that, on the date of the pumhase thereof are rated as to investment
quality by a nationally recognized investment rating firm not less than AAA or its equivalent, and (iii)
noncallable obligations of a state or an agency or a county, municipality, or other political subdivision
of a state that have been refunded and that, on the date the goveming body of the City adopts or
approves the proceedings authorizing the financial arrangements are rated as to investment quality
by a nationally recognized investment rating firm not less than AAA or its equivalent.
(e) Continuing Duty of Paying AgentiRegistrar. Until all Series 2003 Bonds defeased under
this Section of this Ordinance shall become due and payable, the Paying Agent/Registrar for such
Series 2003 Bonds shall perform the services of Paying Agent/Registrar for such Series 2003
Bonds the same as if they had not been defeased, and the City shall make proper arrangements
to provide and pay for such services.
18. That the City hereby finds that the issuance of the Bonds for the purpose of refunding
the Refunded Obligations to realize a net present value savings is a public purpose. As a condition
to the issuance of the Bonds, the refunding of the aggregate principal amount of the Refunded
Obligations must produce a net prasent value savings of at least 2.85%. The City Manager may
elect not to refund all of the obligations listed in Schedule I, but in no event shall the Bonds be issued
if the refunding of the aggragate principal amount of the obligations selected for refunding does not
-26-
result In realizing the minimum savings threshold established in this Section. The obligations listed
in Schedule I that are refunded with proceeds of the Bonds shall be specifically identified in the
Pumhase Contract. The Director of Financial Services shall execute and deliver to the City Council
a certificate stating that the savings threshold herein established has been satisfied. This certificate
shall specifically state both the net present value savings and the gross savings realized by the City
as a result of refunding the Refunded Obligations.
19. That concurrently with the delivery of the Bonds the City shall cause to be deposited
with the Escrow Agent (as named in the Escrow Agreement), from the proceeds from the sale of
the Bonds and other available moneys of the City, all as described in the letter of instructions
referred to in Section 21 hereof, an amount sufficient to provide for the refunding of the Refunded
Obligations in accordance with Chapter 1207, Texas Govemment Code. The City Manager and City
Secretary are hereby authorized, for and on behalf of the City, to execute the Escrow Agreement
to accomplish such purposes, in substantially the form and substance attached to this Ordinance.
20. That the City hereby determines that, subject to the delivery of the Bonds, the Refunded
Obligations as identified in the Purchase Contract shall be called for redemption on the respective
redemption dates set forth in Schedule I, at the applicable redemption price to the date fixed for
redemption as provided in Schedule I, all in accordance with the applicable provisions of the
ordinances authorizing their issuance. The City Manager or the designee thereof shall take such
actions as are necessary to cause the required notice of redemption to be given in accordance with
the terms of the respective ordinances for the Refunded Obligations called for redemption.
21. That the proceeds from the sale of the Bonds shall be used in the manner described
in a letter of instructions executed by or on behalf of the City. The foregoing notwithstanding,
proceeds representing accrued interest and premium on the Bonds not used in connection with the
refunding of the Refunded Obligations shall be deposited to the credit of the Interest and Sinking
Fund.
-27-
22. That the City Manager is au~orized, in connection with effecflng the sale of the Bonds,
to obtain fi'om a municipal bond insurance company so designated in the Pumhasa Contract (the
"Insurer") a municipal bond insurance policy in support of the Bonds. To that end, should the City
Manager exercise such authority and commit the City to obtain a municipal bond insurance policy,
for so long as such policy is in effect, the requirements of the Insurer relating to the issuance of said
policy shall be incorporated by reference into this Ordinance and made a part hereof for all
purposes, notwithstanding any other provision of this Ordinance to the contrary. The City Manager
shall have the authority to execute any documents to effect the issuance of said policy by the
Insurer.
23. That the findings set forth in the preamble to this Ordinance are hereby incorporated into
the body of this Ordinance and made a part hereof for all purposes. All ordinances and resolutions
or parts thereof in conflict herewith are hereby repealed. For all purposes of this Ordinance, unless
the context requires otherwise, all references to designated Sections and other subdivisions are to
the Sections and other subdivisions of this Ordinance. The words "herein", "hereof' and
"hereunder" and other words of similar import refer to this Ordinance as a whole and not to any
particular Section or other subdivision. Except where the context othenvise requires, terms defined
in this Ordinance to impart the singular number shall be considered to include the plural number and
vice vema. References to any named person means that party and its successors and assigns.
References to any constitutional, statutory or regulatory provision means such provision as it exists
on the date this Ordinance is adopted by the City and any future amendments thereto or successor
provisions thereof. Any reference to the payment of principal in this Ordinance shall be deemed to
include the payment of any mandatory sinking fund redemption payments as described herein.
Any reference to "FORM OF BOND" shall refer to the form of the Series 2003 Bonds set forth in
Exhibit A to this Ordinance. The titles and headings of the Sections and subsections of this
Ordinance have been inserted for convenience of reference only and are not to be considered a part
~28-
hereof and shall not in any way modify or restrict any of the terms or provisions hereof.
24. That it is hereby officially found and determined that the meeting at which this Ordinance
was passed was open to the public, and public notice of the time, place and purpose of said
meeting was given, all as required by Chapter 551, Texas Government Code, as amended. In
accordance with the provisions of V.T.C.A., Government Cede, Section 1201.028, this Ordinance
shall be effective immediately upon its adoption by the City Council.
ADOPTED this March 11, 2003.
ATTEST:
Mayor, City of Corpus Chdsfi, Texas
City Secretary,
City of Corpus Christi, Texas
APPROVED AS TO FORM AND LEGALITY:
(SEAL)
-29-
$CHEDULEI
(1) General Improvement Bonds, Sefles 1993:
Interest Par
Rate (%) Amount(S) Call Date Call Price
03/01/2004 5.550 2,595,000 09/01/2003 100.00
03/01/2005 5.650 1,385,000 09/01/2003 100.00
03/01/2006 5.750 650,000 09/01/2003 100.00
03/01/2007 5.850 1,375,000 09/01/2003 100.00
03/01/2008 6.000 1,950,000 09/01/2003 100.00
03/01/2009 6.000 2,300,000 09/01/2003 100.00
03/01/2010 6.000 905,0(X) 09/01/2003 100.00
(2) Combination Tax and Municipal HOT Revenue Certificates of Obligation, Series 1994-A:
Interest Par
Rate (%) ~3:).(~UDt~ Call Date Call Price
12/01/2003 6.000 125,000 rea rea
1 2/01/2004 6.000 125,000 rea rea
12/01/2005 6.100 150,000 rEa rea
(3) Combination Tax and Municipal HOT Revenue Certificates of Obligation, Series 1994B:
12/01/2003 6.000 200,000 rea rea
12/01/2004 6.000 200,000 rea rea
12/01/2005 6.100 50,000 rea rea
(4) General Improvement Bonds, Series 1995B:
03/01/2006 4.800 475
03/01/2007 4.900 500
03/01/2008 5.000 525
03/01/2009 5.000 550
03/01/2013 5.125 700
03/01/2014 5.200 725
03/01/2015 5.200 760
000 03/01/2005 100.00
000 03/01/2005 100.00
000 03/01/2005 100.00
000 03/01/2005 100.00
000 03/01/2005 100.00
000 03/01/2005 100.00
000 03/01/2005 100.00
(5) Combination Tax and Revenue Certificates of Obligation, Series 1998:
03/01/2004 4.250 1,175,000 09/01/2003 100.00
03/01/2005 4.400 1,225,000 09/01/2003 100.00
03/01/2006 4.500 1,285,000 09/01/2003 100.00
03/01/2007 4.500 1,340,000 09/01/2003 100.00
03/01/2008 4.500 1,400,000 09/01/2003 100.00
-30-
NO.
EXHIBIT A
FORM OF BOND
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF NUECES AND SAN PATRIClO
CITY OF CORPUS CHRISTI, TEXAS
GENERAL IMPROVEMENT REFUNDING BOND
SERIES 2003
CUSIP
ON THE IvlATURITY DATE SPECIFIED ABOVE, THE CITY OF CORPUS CHRISTI, TEXAS
(the "Issuer''), being a political subdivision of the State of Texas, hereby premises to pay to
, or to the registered assignee hereof (either being hereinafter
called the "registered owner") the principal amount of:
DOLLARS
and to pay interest thereon, from the Original Issue Date specified above, to the matudty date
specified above, or the date of its redemption prior to scheduled maturity, at the rate of interest per
annum specified above, with said interest being payable on 1,200_, and semiannually
on each I and I thereafter; except that if the Paying Agent/Registrar's
Authentication Certificate appearing on the face of this Bond is dated later than 1,200_,
such interest is payable semiannually on each I and I following such date.
THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the
United States of America, without exchange or collection charges. The principal of this Bond shall
be paid to the registerad owner hereof upon presentation and surrender of this Bond at matudty or
redemption prior to maturity at the designated corporate trust office in Dallas, Texas (the
"Designated Payment C)ffica"), of JPMorgan Chase Bank, which is the "Paying Agent/Registrar'' for
this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the
registered owner hereof as shown by the Registration Books kept by the Paying Agent/Registrar at
the close of business on the 15th day of the month next preceding such interest payment date by
check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and
payable solely from, funds of the Issuer required to be on deposit with the Paying Agent/Registrar
for such purpose as hereinafter provided; and such check shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment
date, to the registered owner hereof at its address as it appears on the Registration Books kept by
the Paying Agent/Registrar, as hereinafter described. Any accrued interest due at matudty or upon
redemption of this Bond pdor to matudty as provided heroin shall be paid to the registered owner
upon presentation and surrender of this Bond for redemption and payment at the Designated
Payment Office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of
this Bond that no later than each principal payment and/or interest payment date for this Bond it will
make available to the Paying Agent/Registrar from the Interest and Sinking Fund as defined by the
ordinance authorizing the Bonds (the"Ordinance") the amounts required to provide for the payment,
in immediately available funds, of all principal of and interest on the Bonds, when due.
IN THE EVENT OF A NON-PAYMENT of interest on a scheduled payment date, and for 30
days thereafter, a new record date for such interest payment (a "Special Record Date") will be
established by the Paying Agent/Registrar, If and when funds for the payment of such interest have
been received from the Issuer. Notice of the Special Record Date and of the scheduled payment
date of the past due interest ("Special Payment Date", which shall be 15 days after the Special
Record Date) shall be sent at least five business days prior to the Special Record Date by United
States mail, first class postage prepaid, to the address of each registered owner of a Bond
appaadng on the registration books of the Paying Agent/Registrar at the close of business on the
last business day next preceding the date of mailing of such notice.
IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday,
Sunday, a legal holiday, or a day on which banking institutions in the city where the Designated
Payment Office of the Paying Agent/Registrar is located are authorized by law or executive order
to close, then the date for such payment shall be the next succeeding day which is not such a
Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and
payment on such date shall have the same force and effect as if made on the original date payment
was due. Notwithstanding the foregoing, during any period in which ownership of the Bonds is
determined only by a book entry at a securities depository for the Bonds, any payment to the
securities depository, or its nominee or registered assigns, shall be made in accordance with
existing arrangements between the Issuer and the securities depository.
THIS BOND is one of a Series of Bonds of like tenor and effect except as to number,
principal amount, interest rate, maturity and option of redemption, authorized in accordance with the
Constitution and laws of the State of Texas in the principal amount of $ , for the purpose
of refunding those obligations of the City designated in the Ordinance as the "Refunded Obligations"
and to pay costs of issuance related thereto.
ON MARCH 1, 20 , or on any date thereafter, the Bonds of this Series matudng on March
1, 20__ and thereafter may be redeemed prior to their scheduled maturities, at the option of the
Issuer, in whole, or in part, at par and accrued interest to the date fixed for redemption. The years
of maturity of the Bonds celled for redemption at the option of the City prior to stated maturity shall
be selected by the City. The Bonds or portions thereof mdaemed within a maturity shall be selected
by lot or other method by the Paying Agent/Registrar; provided, that during any period in which
ownership of the Bonds is determined only by a book entry at a securities depository for the Bonds,
if fewer than all of the Bonds of the same matudty and beadng the same interest rate are to be
redeemed, the particular Bonds of such maturity and bearing such interest rate shall be selected
in accordance with the arrangements between the Issuer and the securities depository.
THE BONDS are also subject to mandatory redemption in part by lot pursuant to the terms
of the Ordinance, on March 1, with respect to Bonds maturing March 1, 20__, in the
following years and in the following amounts, at a price equal to the principal amount thereof and
accrued and unpaid interest to the date of redemption, without premium:
Year
* Final Matudty
To the extent, however, that Bonds subject to sinking fund redemption have been previously
pumhased or called for redemption in part and otherwise than from a sinking fund redemption
payment, each annual sinking fund payment for such Bond shall be reduced by the amount obtained
by multiplying the principal amount of Bonds se purchased or redeemed by the ratio which each
remaining annual sinking fund redemption payment for such Bonds bears to the total remaining
sinking fund payments, and by rounding each such payment to the nearest $5,000 integral;
prov/ded, that during any pariocl in which ownemhip of the Bonds is determined only by a book enby
at a securities depository fur the Bonds, the particular Bonds to be called for mandatory redemption
shall be selected in accordance with the arrangements between the City and the securities
depository.
AT LEAST 30 days prior to the date fixed for any such redemption (a) a written notice of such
redemption shall be given to the registered owner of each Bond or a portion thereof being called for
redemption by depositing such notice in the United States mail, tirst class postage prepaid,
addressed to each such registered owner at his address shown on the Registration Books of the
Paying Agent/Registrar and (b) notice of such redemption either shall be published one (1) time in
or posted electronically on the website of a financial journal or publication of general cimulation in
the United States of America or the State of Texas carrying as a regular feature notices of municipal
bonds called for redemption; pmv'~ed, however, that the failure to send, mail, or receive such notice
described in (a) above, or any defect therein or in the sending or mailing thereof, shall not affect the
validity or effectiveness of the proceedings for the redemption of any Bond, and the Ordinance
provides that the provision of notice as described in (b) above shall be the only notice actually
required in connection with or as a prerequisite to the redemption of any Bond. By the date fixed for
any such redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for
the payment of the required redemption pdce for this Bond or the portion hereof which is to be so
redeemed, plus accrued interest thereon to the date fixed for redemption. If such notice of redemp-
tion is given, and if due prevision for such payment is made, all as provided above, this Bond, or the
portion hereof which is to be so redeemed, thereby automatically shall be redeemed prior to its
scheduled maturity, and shall not bear interest after the date fixed for its ~:lemption, and shall not
be regarded as being outstanding except for the right of the registered owner to receive the
redemption price plus accrued interest to the date fixed for redemption from the Paying
Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall
record in the Registration Books all such redemptions of principal of this Bond or any portion hereof.
if a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity
date, bearing interest at the same rate, in any denomination or denominations in any integral multiple
of $5,000, at the written request of the registered owner, and in aggregate principal amount equal
to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof
for cancellation, at the expense of the Issuer, all as provided in the Ordinance.
ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest
coupons, in the denomination of any integral multiple of $5,000. As provided in the Ordinance, this
Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the
assignee or assignees hereof, be assigned, transferred, and exchanged for a like aggregate
principal amount of fully registered bonds, without interest coupons, payable to the appropriate
registered owner, assignee, or assignees, as the case may be, having the same matudty date, and
bearing interest at the same rate, in any denomination or denominations in any integral multiple of
$5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the
case may be, upon surrender of this Bond to the Paying Agent/Registrar at its Designated Trust
Office for cancellation, all in accordance with the form and procedures set forth in the Ordinance.
Among other requirements for such assignment and transfer, this Bond must be presented and
surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form
and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment
of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or
assignees in whose name or names this Bond or any such portion or pontons hereof is or are to
be transferred and registered, The form of Assignment printed or endorsed on this Bond may be
executed by the registered owner to evidence the assignment hereof, but such method Is not
exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be
used to evidence the assignment of this Bond or any portion or portions hereof from time to time by
the registered owner. The one requesting such exchange shall pay the Paying Agent/Registrar's
reasonable standard or customary fees and charges for exchanging any Bond or portion thereof.
The foregoing notwithstanding, in the case of the exchange of a portion of a Bond which has been
redeemed prior to maturity, as provided herein, and in the case of the exchange of an assigned and
transferred Bond or Bonds or any per'don or portions thereof, such fees and charges of the Paying
Agent/Registrar will be paid by the Issuer. In any circumstance, any taxes or governmental charges
required to be paid with respect thereto shall be paid by the one requesting such assignment,
transfer, or exchange as a condition precedent to the exemise of such privilege. In any cir-
cumstance, neither the Issuer nor the Paying Agent/Registrar shall be required (1) to make any
transfer or exchange during a period beginning at the opening of business 30 days before the day
of the first mailing of a notice of redemption of bonds and ending at the close of business on the day
of such mailing, or (2) to transfer or exchange any Bonds so selected for redemption when such
redemption is scheduled to occur within 30 calendar days.
WHENEVER the beneficial ownership of this Bond is determined by a book entry at a
securities depository for the Bonds, the foregoing requirements of holding, delivering or transferring
this Bond shall be modified to require the appropriate person or entity to meet the requirements of
the securities depository as to registering or transferring the book entry to produce the same effect.
IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns,
or otherwise ceases to act as such, the Issuer has covenanted in the Ordinance that it promptly will
appoint a competent and legally qualified substitute therefor, and promptly will cause written notice
thereof to be mailed to the registered owners of the Bonds.
IT IS HEREBY CERTIFIED AND RECITED that the issuance of this Bond, and the series
of which it is a part, is duly authorized by law; that all acts, conditions and things required to be done
precedent to and in the issuance of this series of bonds, and of this Bond, have been properly done
and performed and have happened in regular and due time, form and manner as required by law;
that sufficient and proper provision for the levy and collection of taxes has been made, which, when
collected, shall be appropriated exclusively to the payment of this Bond and the series of which it
is a part; and that the total indebtedness of said City, including the entire sedes of bonds of which
this is one, does not exceed any constitutional, statutory or charter limitation.
BY BECOMING the registered owner of this Bond, the registered owner thereby
acknowledges all of the terms and provisions of the Ordinance, agrees to be bound by such terms
and provisions, acknowledges that the Ordinance is duly recorded and available for inspection in
the o. ffi. cial minutes and records of the governing body of the Issuer, and agrees that the terms and
prows~ons of this Bond and the Ordinance constitute a contract between each registered owner
hereof and the Issuer.
IN WITNESS WHEREOF, this Bond has been signed with the manual or facsimile signature
of the Mayor of said City, and attested with the manual or facsimile signature of the City Secretary,
and the official seal of the Issuer has been duly affixed to, or impressed, or placed in facsimile, on
this Bond.
AI=I'EST:
City Secretary
(SEAL)
FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICA'rl-
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Bond has been issued under the provisions of the proceedings
adopted by the Issuer as described in the text of this Bond; and that this Bond has been issued in
convemion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds
of an issue which originally was approved by the Attorney General of the State of Texas and
mgistared by the Comptroller of Public Accounts of the State of Texas.
Dated:
JPMORGAN CHASE BANK,
Paying Agent/Registrar
By
Authorized Representative
ASSIGNMENT
FOR VALUE RECEIVED, the undemigned hereby sells, assigns and transfem
unto
Please insert Social Security or Taxpayer
Identification Number of Transferee
/ /
(Please pdnt or typewrite name and address, including
zip code of Transferee)
the within Bond and all rights thereunder, and hereby
irrevocably constitutes and appoints
attomey to register the transfer of the within Bond on the
books kept for registration thereof, with full power of
substitution in the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed
by a member firm of the New York Stock
Exchange or a commercial bank or trust
company.
NOTICE: The signature above must
correspond wi~ the name of the Registered
Owner as it appears upon the front of this
Bond in every particular, without alteration or
enlargement or any change whatsoever.
FORM OF COMPTROLLER'S CERTIFICATE (ATTACHED TO
THE BONDS UPON INITIAL DELIVERY THEREOF)
OFFICE OF COMPTROLLER:
REGISTER NO.
STATE OF TEXAS :
I hereby certify that there is on file and of record in my office a certificate of the Attomey
General of the State of Texas to the effect that this Bond has been examined by him as required
by law, and that he finds that it has been issued in conformity with the Constitution and laws of the
State of Texas, and that it is a valid and binding obligation of the City of Corpus Christi, Texas,
payable in the manner provided by and in the ordinance authorizing same, and said Bond has this
day been registered by me.
WITNESS MY HAND and seal of office at Austin, Texas
(SEAL)
Comptroller of Public Accounts
of the State of Texas
The printer of the Series 2003 Bonds Is hereby authorized to pdnt on the Series 2003 Bonds (i) the
form of bond counsel's opinion relating to the Series 2003 Bonds, and (ii) an appropriate statement
of insurance furnished by a municipal bond Insurance company providing municipal bond insurance,
if any, covedng all or any part of the Series 2003 Bonds.
Exhibit B
to
Ordinance
DESCRIPTION OF ANNUAL FINANCIAL INFORMATION
The following information is referred to in Section 14 of this Ordinance.
Annual Financial Statements and Operating Data
The financial information and operating data with respect to the City to be provided annually
in accordance with such Section are as specified (and included in the Appendix or under the
headings of the Official Statement referred to) below:
The information of the general type included in Appendix A under the headings "DEBT
PAYABLE FROM TAXES", "GENERAL REVENUES" and "AD VALOREM TAXES".
Appendix C to the Official Statement, "Excerpts from the Annual Financial Report of the
City of Corpus Christi, Texas for the Fiscal Year Ended July 31, 2002".
Accounting Principles
The accounting principles referred to in such Section are the accounting principles described
in the notes to the financial statements referred to in paragraph I above.
THE STATE OF TEXAS :
COUNTIES OF NUECES AND SAN PATRICIO :
CITY OF CORPUS CHRISTI :
I, Armando Chapa, City Secretary of the City of Corpus Christi, in the State of Texas, do
hereby certify that I have compared the attached and foregoing excerpt from the minutes of the
regular, open, public meeting of the City Council of the City of Corpus Christi, Texas held on Mamh
11,2003, and of Ordinance No. .which was duly passed at said meeting, and that said copy
is a true and correct copy of said excerpt and the whole of said ordinance.
In testimony whereof, I have sat my hand and have hereunto affixed the seal of said City of
Corpus Christi, this 11th day of March, 2003.
(SEAL)
City Secretary of the
City of Corpus Christi, Texas
city of
Corpus.
Chnsu