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HomeMy WebLinkAboutAgenda Packet City Council - 04/08/2003CITY COUNCIL AGENDA cCity of orpus Christi April 8, 2003 No~e: If a runoff election is not necessary, the swearing in ceremony for the newly elected Council Members will be conducted immediately prior to the 2:30 pm Regular Council meeting by The Honorable Jack Hunter, 94~ District Court. A reception for outgoing Council Members will be held in the City Hall, 6~ floor Conference Room immediately after the 1:30 p.m. Special Council Meeting. The public is invited to attend. Proclamations declaring the month of April, 2003 as "Child Abuse Prevention Month" Proclamation declaring the month of April, 2003 as "Earth Month" and "Earth Day/Bay Day Celebration" Proclamation declaring the month of April, 2003 as "Project Redirectory Month and Project Redirectory Unveiling" Proclamation declaring April 6 - 12, 2003 as" National Crime Victims' Week" Proclamation - Presentation of Texas Recreation and Parks Society (TRAPS) Fellow Award to Dan Whitworth, Park and Recreation Director Proclamation - Presentation by the Corpus Christi Regional Economic Development Corporation of the Expansion Management Magazine's "Blue Ribbon" to Flour Bluff Independent School District AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD APRIL 8, 2003 2:30 P.M. PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si ud. Desea dirlgirse al Concilio y cree que su ingl~s es limitado, habra un int~rprete ingl&s-espa~ol en todas las juntas del Concilio pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or sen/ices are requested to contact the ity Secretary s ~~ce (at 361~88~-31~5) at ~~ast 48 h~urs tn advance s~ that appropdate arrangements can be made. A. Mayor to call the meeting to order. B. Invocation to be given by Dr. Ray Kiser, Senior Pastor, First United Methodist 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. E. Selection of Mayor Pro-Tem. Agenda Regular Council Meeting Apd18,2003 Page 2 F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara 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 two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas ara incorporated herein for reconsideration and action on any reconsidered item. CONSENT AGENDA Notice to the Public The following items ara of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Motion approving a supply agreement with Univar USA of Corpus Christi, Texas for calcium hypochlorite in accordance with Bid Invitation No. BI- 0065-03 based on Iow bid for an estimated annual expenditure of $26,500. The term of the 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 Acting City Manager or his designee. Funds are available from the Warehouse Inventory for FY2002-2003. (Attachment# 1) Motion approving the purchase of eight (8) cargo trailers from Superior Trailers Sales, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0067-03, based on Iow bid for the total amount of $34,400. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agenda Regular Council Meeting AprilS, 2003 Page 3 o CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) These trailers will be used by the Fire Department. Funds are available through the Metropolitan Medical Response System Grant. These items will be new to the fleet. (Attachment # 2) Motion approving the pumhase of three (3) pickup trucks from the Houston-Galveston Area Council of Governments (HGAC), for the total amount of $64,231.50. The award is based on the Cooperative Purchasing Agreement with HGAC. These pickup trucks will be used by the Fire Department. Funds are available from the FY2002-2003 Maintenance Services Fund. These items will be replacements to the fleet. (Attachment # 3) Motion authorizing the Acting City Manager or his designee to execute a construction contract with Bryan Construction of Bryan, Texas in the amount of $3,462,290 for the North Navigation Boulevard Pumping Plant Contract No. 2 for the pump station and site work. (Attachment # 4) Motion authorizing the Acting City Manager or his designee to execute Change Order No. 45 with Fulton/Coastcon, Inc., A Joint Venture, of Corpus Chdsti, Texas in the net amount of $425,410.87 for the Corpus Chdsti International Airport new terminal building for concrete and structural steel for the retail and Transportation Security Administration lease areas and an extedor finish system for the Air Cargo Building. (Attachment # 5) Motion authorizing the Acting City Manager or his designee to execute Change Order No. 6 with Bay, Ltd. of Corpus Christi, Texas in the net amount of $87,208.24 for the Corpus Christi International Airport Roadway and Parking Lot improvements. (Attachment # 8) Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural Commission, consisting of arts professionals and community peers to make a recommendation for the Airport"Percent for Art" project. (Attachment # 7) Ordinance authorizing the resale of sixty-nine (69) properties shown on the attached and incorporated Exhibit A which were foreclosed upon for failure to pay ad valorem taxes and miscellaneous liens, for minimum opening bid amounts equal to pdces listed on the attached Exhibit A. (Attachment # 8) Agenda Regular Council Meeting April8,2003 Page 4 9ob. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Ordinance authorizing the Acting City Manager or his designee to execute a baggage cart rental concession lease agreement with Smarte Carte, Inc. for the operation of a self service baggage cart rental concession at the Corpus Christi International Airport in consideration of payment of ten percent of the concessionaire's gross monthly revenues for a term of up to twelve months. (Attachment # 9) First Reading Ordinance - Authorizing the Acting City Manager or his designee to execute a long-term lease agreement with Smarte Carte, Inc. for the operation of a self service baggage cart rental concession at the Corpus Christi International Airport in consideration of payment of ten percent of the concessionaire's gross monthly revenues for a term of sixty months. (Attachment # 9) PUBLIC HEARINGS: (NONE) J. PRESENTATIONS: (NONE) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: lO.a. Ordinance amending the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations, as adopted by Chapter 10, Beachfront Management and Construction, Code of Ordinances, City of Corpus Chdsti, regarding the permitting process for master plan developments, dune protection permits, beachfront construction certificates, and concurrent dune protection permits/beachfront construction certificates, authorized animal control measures on Gulf of Mexico beaches, restrictions on vessels operating from Gulf of Mexico beaches, regulation of vendors on Gulf of Mexico beaches, regulation of beach festivals, and editorial changes; and providing for penalties. (Attachment # 10) 10.b. First Reading Ordinance -Amending Ordinance No. 022164, which adopted the City of Corpus Chdsti, Texas Dune Protection and Beach Access Regulations, by revising the titles of Appendices V, VIII, and XI, by revising the application process flow charts in Appendices IV and V, and by adding application forms for beachfront construction certificates and concurrent dune protection permits/beachfront construction certificates to Appendix V, and by adding a copy of the Intedocal Agenda Regular Council Meeting AprilS, 2003 Page 5 11. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Cooperation Agreement between the City of Corpus Christi, City of Port Aransas, and County of Nueces relating to the Mustang and North Padre Island Beach Parking Permit System as Appendix VIII; and providing for an effective date. (Attachment # 10) First Reading Ordinance - Amending the Code of Ordinances, Chapter 17, Finance and Taxation, by adding Section 17-1.3, Electronic Payment Use Fees; setting a rate of 3% for Electronic Payment of Municipal Court Fines. (Attachment # 11) PUBLIC COMMENT FROM THE AUDIENCE ON MA'iiERS 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 ofthe 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 didge a la junta y cree qua su ingl~s es limitado, habr~ un int~rprete ingl~s- espattol en la reunion de la junta para ayudade. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOWANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC A TANY 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 du#ng 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 office. Agenda Regular Council Meeting April8,2003 Page 6 12. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Executive session under Texas Government Code Section 551.071 regarding the Mustang Island Fire and Parks & Recreation Station - Project 5114, with possible discussion and related action in open session. 13. Executive session under Texas Government Code Section 551.071 regarding the administration of the City's employee health benefits plans, with possible discussion and related action in open session. N. REPORTS: The following reports include questions by Council to Staff regarding City policies or activities; request by Council for information or reports from Staff; reports of activities of individual Council members and Staff; constituent concerns; current topics raised by media; follow-up on Staff assignments; scheduling of future Council meetings and activities; and other brief discussions regarding city-related matters. 14. CITY MANAGER'S REPORT * Upcoming Items 15. MAYOR'S UPDATE 16. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bu~ board at the front entrance to City Hall, 1201 Leopard Street, at ~,'~C~ ~. ~ A~il,,~ ,2003. Armando Chapa (/ City Secretary NOTE: 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 Intsrnet by Monday morning. Symbols used to highlight action item that Implement council priority issues. 2001-2002 CiTY COUNCIL GOALS AND PRIORITY ISSUES ~'WCONTINUING PRIORITY ISSUES Airuort / Seawall / Conventjg~ Center / · Continue quarterly reporting process for these initiatives. '86 Bond Issue Imnrovements · Update status on Senior Centers. · Provide communication on completion of these projects (e.g. "Report to the Community"). · Continue community involvement on issues such as Leopard Street improvements. Privatization / Re-En~,ineerino · Clearly define "ptiva67s~ion" and "re-engineering." · Make decisions regarding privatization and re-engineering in the next 12-24 months, with discussions within 90 days. * Establish process to identify what services can and cannot bc privatized. · Continue focus on park maintenance. · Maintain the 5-year forecast model. · Review the August 1 budget adoption deadline. Crime Control and Prevention Continue implementation of the Community Policing initiative. · Establish date for Crime Control and Prevention District election. · Continue City participation in Youth Opportunities United and other youth crime initiatives. Emnlovee He, alth Care · Address concerns related to employee compensation and benefits, including health insurance. · Work to coordinate Police and Fire health benefits with those of other City employees Eeonomic Develoument Sales Tax · Establish election date. NEW PRIORITY INITIATIVES AND ISSUES City staff wtll develop and present to City Council action/implementation plans for the following priorlty Desalination Pilot Project *Code Enforcemem in Trashy Neighborhoods *Employee Classification Study Ma stet Drainage Plan Garwood Water *New Golf Course *Charter Revision with Specific Charge(s) *More Funding for Economic Development *Fire and Police Contracts New Funding Sources / Plan for Inner City Improvements Improve Permitting Process (online / customer service) Padre Island Developmem Plan Downtown/South Central Development Plan (marina, t-heads, breakwater) Housing Emphasis / Process (older neighborhoods, working class neighborhoods) **Road Projects Southside Traffic Plan St~r~ W~t~' Utility · Reeonsider implementation plan for a Storm Wate~ Utility. Pac~erv Channel · Continue quarterly reports on the progress of the TIF and Beach Restoration Project. Lgndf~ · Continue to evaluate the efficiency and effeetiveuess of operations. · Examine alternatives for solid waste management system, including prlvatization. Intarnct · Continue regular updates and expansion of the City's web site, including individual council member web pages. · Establish target date for online permitting process. · Communicate brush pickup via e-mail. · Continue active role. · Lease and complete renovation A,,nnqxation Plan Implement current island annexation plan ADA Tramltion Plan · Develop and approve ADA Transition Plan within 90 days. Rellistrictine Develop Council-approved redistricting plan for the City of Corpus Christi Industrial District Contract · Review Industrial District conUacts and determine date for approval C01~Plcill Action Items o Staff completes action requests in a timely manner. CitY / County Health Issues · Continue discussions with County to determine structure and process for the most effective and efficient delivery of health services M~rkctin~ of CC Museum and Columbus Shim · Continue to develop marketing plans for the Museum of Science and History and the Columbus Fleet Relationships with Other Governments Development Initiative Packages *Park Rehabilitation *Leopard Street Curbs and Gutters Economic Development Summit and Post-Summit Meetings Agnes-Laredo Corridor Market (studies, plans) *Solid waste / Pickup Base Closures **Northwest Library Northside Development Plan Traffic Controls (channeling, studying on/off ramps on SPID) *Five Points Ambulance Effluent Plan for Leopard Medians RTA--Publie Improvements Arts and Sciences Park Plan Budget Item ** Capital Improvement Program Item 1 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Univar USA, Corpus Christi, Texas for calcium hypochlorite in accordance with Bid Invitation No. BI-0065~03 based on low bid for an estimated annual expenditure of $26,500. The term of the 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 are available from the Warehouse Inventory for FY 02-03. BACKGROUND: Purpose: This chemical will be purchased into Warehouse Inventory and used by the Water and Wastewater Departments to disinfect lines, and by Park and Recreation to treat the Watergarden. Bid Invitations Issued: Nine Bids Received: Two Previous Contract: The option to extend the previous contract has been exercised, requiring the City to distribute new bid invitations. Award Basis: Low Bid Price Analysis: Pricing has remained stable since the last contract of April 2000. Funding: Department Account ~Mnount Warehouse Inventory pMrioCchu~a;l'm;na~rt ~a-a~ ~eF~al Services Manager 119010-5010-00000 $26,500 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BI -0065-03 CALCIUM HYPOCHLORITE 04/08/03 UNIVAR USA CORPUS CHRISTI, TEXAS DPC INDUSTRIES, INC CORPUS CHRISTI, TEXAS UNIT EXTENDED UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE 1 8lb Calcium Hypochlorite 750 Containers $12.80 $9,600.00 No Bid No Bid 2 100 lb. Calcium Hypochlorite 200 Drums $84.50 $16,900.00 $85.34 $17,068.00 $26,500.00 $17,068.00 2 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of eight (8) cargo trailers from Superior Trailer Sales, Corpus Christi, Texas in accordance with Bid Invitation No. BI-0067-03, based on low bid for the total amount of $34,400. These trailers will be used by the Fire Department. Funds are available through the Metropolitan Medical Response System Grant. These items will be new to the fleet. Background Purpose: The trailers are an integral part of the City's Metropolitan Medical Response System (MMRS) as approved by the US Public Health Service. They will be used to store medical supplies, personal protective equipment and decontamination materials that may be required to respond to a nuclear, biological or chemical catastrophe. They will be stationed at the various hospitals throughout the City for immediate access by medical and emergency personnel. Bids Issued: Nine Bids Received: Two Award Basis: Low bid Funding: Metropolitan Medical Response System Grant 520090-1050-00000-830001 $34,400 Procurement & General Services Manager April 8, 2003 City Of Corpus Christi Purchasing Division Bid Tabulation Bid Invitation No B1-0067-03 Buyer: Michael Barrera Cargo Trailers Quantity: 8 Superior Trailer Sales Corpus Christi, Texas Unit Price Total $4,300.00 $34,400.00 ~/' South Texas Trailer & Supply, Inc. Sinton, Texas 4,644.00 37,152.00 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of three (3) pickups from the Houston-Galveston Area Council of Government (HGAC), for the total amount of $64,231.50. The award is based on the cooperative purchasing agreement with HGAC. These pickups will be used by the Fire Department. Funds are available from the FY 02/03 Maintenance Services Fund. These items will be replacements to the fleet. Background Purpose: These vehicles will be replacement upgrades for the command officers that respond to emergency calls. The pickup trucks will serve as command workstations for field personnel during a disaster and are used 24 hours a day, seven days a week. Award Basis: The purchase is made through the cooperative purchasing agreement with Houston-Galveston Area Council of Governments. HGAC acts as a purchasing agent for participation members through the Inter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price History: The unit price for each truck is $21,410.50. The City purchased a similar truck in 2001 for $25,175. Funding: Maintenance Services Fund 550020-5110-40120 Capital Outlay Item # 132A Michael'XBarrera, ~.} M. Procurement & General Services Manager $64,231.50 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION April 8, 2003 Pickup Trucks BUYER: MICHAEL BARRERA Ford F250 Crew Cab SRW QTY Unit 3 each HGAC Contract Pricing BID #VE02-06 UNIT PRICE TOTAL PRICF $21,410.50 $64,231.50 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8, 2003 AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to award a construction contract to Bryan Construction of Bryan, Texas, in the amount of $3,462,290 for the North Navigation Boulevard Pumping Plant Contract No. 2 for the Pump Station and Site Work. (Project #8366) ISSUE: This project will facilitate the abandonment of the Caldwell and Savage Lane Pumping Plants and is the last of three construction contracts required to complete the new North Navigation Pumping PlanL This project is necessary to provide increased pressure, flow and reliability in the downtown service area. FUNDING: Funding for this project is available in the FY 02 -03 Water Capital Improvement Program. E~~ phase ~rvices on the pumping plant. r~,~G a r~a ,('~p. E .~,,,~ Director of Water Services CONCLUSION AND RECOMMENDATION: Approval of this item is recommended to award a contract to begin construction ~i['ll~'el R. Escobar, P.E.,' ' Director of Engineering Services Additional Support Material: Exhibit"A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tab Summary Exhibit"D" Location Map H:\HOME\LYNDAS\GEN\WATER\North Navigation Plant\N. Navigation Contract 2\Memo.DOC AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: North Navigation Boulevard Pumping Plant Contract Two- Pump Station and Site Work (Project # 8366) PRIOR COUNCIL ACTION: November 30, 1999 - Motion authorizing the City Manager or his designee to execute an engineering services contract in the amount of $328,979 with Urban Engineering for the: · Savage Lane Pumping Plant Clearwell Replacement Project; · Downtown Area Hydraulic Analysis; and, · Water Distribution System Extended Period Simulation (EPS) Model. July 18, 2000- Motion authorizing the City Manager or his designee to execute Amendment No. 1 to an agreement to authorize Stage 2 Design/Construction Phase (Engineering) Services with Urban Engineering for a fee not to exceed $902,250 for the Savage Lane Pumping Plant Clearwell Replacement Project. December 19, 2000- Motion authorizing the acquisition of Parcel 1; a 9.853 acre tract of land located on Navigation Boulevard, south of and adjacent to the Savage Lane Water Pumping Plant, out of Lot 11, Block 3, Navigation Industrial Park, Section 2, from the owners of Ear, Nose and Throat Pension Plan, for $120,000 in connection with the Savage Lane Pumping Plant Clearwell Replacement project and for other municipal purposes. August 20, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Preload, Inc. of Hauppauge, New York for a total fee not to exceed $3,765,422 for the North Navigation Boulevard Pumping Plant Contract Number One: Two (2) Ten Million-Gallon Storage Reservoirs. (M2002-258) August 20, 2002 - Motion authorizing the City Manager, or his designee, to execute a testing services agreement with Fugro South, Inc. for a total fee not to exceed $31,000 for the North Navigation Boulevard Pumping Plant Contract Number One: Two (2) Ten Million-Gallon Storage Reservoirs. (M2002-259) August 20, 2002 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Jalco, Inc. of Houston, Texas, for a total fee not to exceed $3,187,800 for the North Navigation Boulevard Pumping Plant Contract Three - 36" diameter Water Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant) (M2002-260) H:\HOME/LYNDAS/GEN/WATER\NORTH NAVIGATION PLANI~N NAVIGATION CONTRACT 2\BACKGROUND.DOC EXHIBIT "A" Page I of 3 Au.qust 20, 2002 - Motion authorizing the City Manager, or his designee, to execute a testing services agreement with Fugro South, Inc. for a total fee not to exceed $116,000 for the North Navigation Boulevard Pumping Plant Contract Number Three: 36"-Diameter Water Transmission Main (North Navigation Boulevard Pumping Plant to Caldwell Street Pumping Plant) (M2002-261) December 17, 2002 -Approval of the Fiscal Year 2002-03 Capital Improvement Budget for $299,913,200 (Ordinance No. 025144). PRIOR ADMINISTRATIVE ACTION: July 9, 1999 - Distribution of Request For Qualifications (RFQ) No. 1999-01 (Streets, Storm Water, Wastewater and Water Improvement Projects) to 230 local architectural and engineering firms. BACKGROUNDINFORMATION: This is the final of three projects that will facilitate the abandonment of the Caldwell Pumping Plant and the Savage Lane Pumping Plant, both of which are outdated and near the end of their useful service lives. The proposed pumping plant shall operate on an as- needed basis to provide water to the downtown area distribution system during maximum day and maximum hour demands. Contract One provided for two (2) Ten Million-Gallon reservoirs to ensure adequate water supplies. Upon completion, the storage reservoirs will fill up at night while system water demand is Iow and will provide stored water to the North Navigation pumping station to supplement water supplies when peak demand occurs. Contract Three provided for a new 36" diameter water main from the proposed new Pumping Plant to the existing water distribution system at the Caldwell Street Pumping Plant. This project is necessary to provide increased pressure, flow and reliability in the downtown service area. The existing Savage Lane pump station shall be abandoned after the proposed pump station is fully operational. Equipment within the pump station shall be salvaged and reused by the Water Department as the necessity arises. PROJECT DESCRIPTION: This project consists of excavation and backfilling, drilled concrete piers, concrete foundation, CMU walls, steel roof joists, bridge crane, pump station building, piping, three (3) 350 Hp pumps, plumbing, doors and windows, painting, HVAC, electrical, yard piping, concrete pavement, chain link fence and miscellaneous items of work required to complete the project in accordance with the plans, specifications and Contract Documents; H:/HOME/LYNDAS\GEN\WATER\NORTH NAVIGATION PLAN3~N NAVIGATION CONTRACT 2/0ACKGROUNO,DOC EX~'~-T "A" Page 2 of 3 BID INFORMATION: The project solely consists of a base bid. On Mamh 12, 2003, the City received eight (8) preposals with bids ranging frem $3,465,290.00 to $3,907,235.00 The Engineer's construction estimate is $2,959,00.00. There was a difference of $503,190 between the lowest bidder and the engineer's estimate of probable cost. The difference in total base bids between the lowest four bidders amount to appreximately $137,000, less than 4 percent of the lowest bid amount. Therefore, the City's Engineering Consultant, Urban Engineering, believes re-bidding the project would not have any affect on the bid price. The Engineer's estimate was based on prices for the Staples Street Pumping plant that bid September 1999, a similar project to this one. The Engineer requested a bid breakdown from the apparent Iow bidder and in review of the Engineer's estimate and bid breakdown the following has been concluded: There were changes made after the 90% submittal which involved the pumps, electrical and instrumentation. Adjustable frequency drives were added to the pump motors to provide flexibility in the pump station operation. Modifications were requested by City staff and made to the station controls by the addition of a local computer monitoring system. Yard piping costs were based on past projects. We believe that pipe costs have recently increased due to supply and demand. There are at least two other City projects utilizing the same type pipe that are just starting construction. An integrated access control system for both interior and exterior access gates was added during the design phase as an additional security measure. This system provides unmanned gate control and allows access for approved City personnel. This cost of this system amounts to $82,176. A minor affect is the rise in fuel cost over the last few months. This affects construction equipment operation cost and equipment delivery cost. Therefore, based on Iow bid price, past satisfactory experience with projects of this nature, and a well qualified reputation, city staff and Urban Engineering recommend that a construction contract be awarded to Bryan Construction of Bryan, Texas, in the amount of $3,426,290 for the North Navigation Boulevard Pumping Plant Contract Number Two: Pump Station and site work. CONTRACT TERMS: The contract specifies that the project will be completed in 300 calendar days, with completion anticipated by March 2004. FUNDING: Funds for this project are available from the FY 2002 - 2003 Water Capital Improvement Budget. H:\HOME~LYN DAS/GEN/WATEI~/NORTH NAVIGATION PLANTIN. NAVIGATION CONTP~ACT 2\BACKGROUND DOC EXHIBIT"A" Page 3 of NORTH NAVIGATION BOULEVARD PUMPING PLANT CONTRACT 'r~NO PUMPING PLANT AND SITE WORK Project No. 8366 PROJECT BUDGET April 8, 2003 FUNDS AVAILABLE: FY 2002-2003 Water CIP Fund ................................................................ 3,838,816.00 FUNDS REQUIRED: Construction Contract (Bryan Construction) .............................................. $ 3,462,290.00 Contingencies ...................................................................................... 34,622.00 Consultant (Urban Engineering) ............................................................... 259,820.00 Testing .................................................................................................... 20,000.00 Land Acquisition .................................................................................... 584.00 Engineering Reimbursements ................................................................. 40,000.00 Administrative Reimbursement ................................................................ 20,000.00 Misc. (Printing/Advertising) ..................................................................... 1,500.00 Total Estimated Budget: $ 3,838,816.00 EXHIBIT "B" I Page 1 of 1 TABULATION OF BIDS Page 1 of 2 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Urban Engineering DATE: Wednesday, March 12, 2003 TIME OF COMPLETION: 300 Calendar Days ENGINEER IS ESTIMATE: $2 959 100 N. NAVIGATION BLVD. Bryan Constr. Laughlin -Thyssen Lambda Construction Holloman Const. PUMPING PLANT 1007 N. Earl Rudder Frw. 1320 Boyles St. 211 Jesse's Circle P. 0. Box 200190 (Contrast 2 - Pump Station and Site Work) Bryan, TX Houston, TX New Braunfels, TX San Antonio, TX "17802 77020 78132 78220 (City Project No. 8366) UNITUNIT UNIT UNIT DESCRIPTION QTY. UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT BASZ DID 1 Pump Station and Site Work 1 LS 3,223,300 $3,223,300.00 3,324,050 $3,324,050.00 3,362,000 $3,362,000.00 3,347,051.17 $3,347,051.17 2 4" Thick Sidewalk 2900 SF 4.25 $12,325.00 5.00 $14,500.00 4.00 $11,600.00 6.74 $19,546.00 3 Additive Cost for Providing 800 LF 9.75 $7,800.00 12.00 $9,600.00 10.00 $8,000.00 10.10 $8,080.00 Casing for Conc. Piers 4 Additive Cost for Additional 10 LF 6.50 $65.00 50.00 $500.D0 33.00 $330.00 5.61 $56.10 Length of UncaSed Conc. Pier 5 Deductive Cost for Shorter 10 LF (3.00) (30.00) (3.00) (30.00) (18.00) (180.00) (3.00) (30.00) Length of Uncased Conc. Pier 6 Additional Cost for Additional 10 LF 17.00 $170.00 65.00 $650.00 44.00 $440.00 16.84 $168.40 Length of Cased Conc. Pier 7 Deductive Cost for Shorter 10 LF (2.00) (20.00) (2.00) (20.00) (28.00) (280.00) (2.00) (20.00) Length of Cased Conc. Pier 8 36" 0 Transm. Main 560 LF 190.00 $106,400.00 220.00 $123,200.00 161.00 $90,160.00 186.10 $104,216.00 9 36"e 22-1/2° Pipe Bend 1 EA 1,800.00 $1,800.00 3,600.00 $3,600.00 2,950.00 $2,950.00 2,971.01 $2,971.01 10 36" 0 45° Pipe Bend 4 EA 2,300.00 $9,200.00 3,600.00 $14,400.00 3,400.00 $13,600.00 3,496.17 $13,984.68 11 36" x 18" Reducer 1 EA 3,000.00 $3,000.00 6,000.00 $6,000.00 3,850.00 $3,050.00 3,961.25 $3,961.25 12 24" x 18" Tapping Sleeve 1 EA 1,600.00 $1,600.00 11,000.00 $11,000.00 7,100.00 $7,100.00 8,297.35 $8,297.35 13 18" Tapping Valve 1 EA 11,300.00 $11,300.00 9,500.00 $9,500.00 7,250.00 $7,250.00 9,546.79 $9,546.79 14 Air Release Chamber 1 EA 2,000.00 $2,000.00 2,000.00 $2,000.00 1,200.00 $1,200.00 3,529.83 $3,529.83 15 Trench Safety 2065 LF 2.00 $4,130.00 1.00 $2,065.00 5.00 $10,325.00 0.27 $557.55 16 Disposal of Contaminated Soil 50 CY 85.00 $4,250.00 20.00 $1,000.00 110.00 $5,500.00 44.91 $2,245.50 17 Utility Allowance (Mandatory Allowance) 1 LS 40,000 $40,000.00 40,000 $40,000.00 40,000 $40,000.00 40,000 $40,000.00 18 SCADA Documentation and 0. N. Stevens Programming Allowance (Mandatory Allow 1 LS 35,000 $35,000.00 35,000 $35,000.00 35,000 $35,000.00 35,000 $35,000.00 $3,462,290.00 $3,597,015.00 $3,598,845.00 $3,599,161.63 TOTAL HA88 BID * Indicate r Qn 12id or e 1. Val a shown is correct. TABULATION OF BIDS Page 2 of 2 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Urban Engineering DATE: Wednesday, March 12, 2003 TIME OF COMPLETION: 100 Cal anAar navy y N. NAVIGATION BLVD. Cunningham Constructor JALC 0, Inc. JM Davidson W. T. Young Constr. PPHVING PLANT P. 0. Box 2237 P. 0. Box 27368 P. 0. Box 4639 P. O. Box 9197 (Contract 2 - Pusp Statics and Site Work) Georgetown, TX Corpus Christi, TX Corpus ChristiTX rP , Corpus Christi, TX 78627 77227 78469 78469 (City Project No. 8366) UNIT UNIT UNITUNIT DESCRIPTION QTY. UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT Z BID 1 Pump Station and Site Work 1 LS 3,438,805 $3,438,805.00 3,550,000 $3,550,000.00 3,507,600 $3,507,600.00 3,551,484.00 $3,651,484.00 2 4" Thick Sidewalk 2900 SF 3.00 $8,700.00 3.00 $8,700.00 6.00 $17,400.00 5.00 $14,500.00 3 Additive Cost for Providing 800 LF 25.00 $20,000.00 20.00 $16,000.00 12.00 $9,600.00 10.00 $8,000.00 Casing for Cone. Piers 4 Additive Cost for Additional 10 LF 100.00 $1,000.00 10.00 $100.00 32.50 $325.00 10.00 $100.00 Length of Uncased Conc. Pier 5 Deductive Cost for Shorter 10 LF (50.00) (500.00) (3.00) (30.00) (29.00) (290.00) (3.00) ;30.00) Length of Uncased Conc. Pier 6 Additional Cost for Additional 10 LF 140.00 $1,400.00 30.00 $300.00 45.00 $450.00 20.00 $200.00 Length of Cased Conc. Pier 7 Deductive Cost for Shorter 10 LF (80.00) (800.00) (2.00) (20.00) (28.00) (280.00) (2.00) (20.00) Length of Cased Conc. Pier 8 36" 0 Trans.. Main 560 LF 100.00 $56,000.00 200.00 $112,000.00 124.00 $69,440.00 191.00 $106,960.00 9 361-0 22-1/20 Pipe Bend 1 EA 2,000.00 $2,000.00 1,300.00 $1,300.00 1,752.00 $1,752.00 3,810.00 $3,810.00 10 36" 0 450 Pipe Bend 4 EA 3,000.00 $12,000.00 2,000.00 $8,000.00 9,347.00 $37,388.00 3,783.00 $15,132.00 it 36" x 18" Reducer 1 EA 4,000.00 $4,000.00 2,000.00 $2,000.00 2,931.00 $2,931.00 5,427.00 $5,427.00 12 24" x 18" Tapping Sleeve 1 EA 3,000.00 $3,000.00 7,000.00 $7,000.00 1,574.00 $1,574.00 5,797.00 $5,797.00 13 18" Tapping Valve 1 EA 7,000.00 $7,000.00 9,000.00 $9,000.00 7,756.00 $7,756.00 8,340.00 $8,340.00 14 Air Release Chamber 1 EA 10,000.00 $10,000.00 2,000.00 $2,000.00 1,477.00 $1,477.00 3,340.00 $3,340.00 15 Trench Safety 2065 LF 3.00 $6,195.00 1.00 $2,065.00 35.00 $72,275.00 + 3.00 $6,195.00 16 Disposal of Contaminated Soil 50 CY 100.00 $5,000.00 40.00 $2,000.00 12.00 $600.00 60.00 $3,000.00 17 Utility Allowance (Mandatory Allowance) 1 LS 40,000 $40,000.00 40,000 $40,000.00 40,000 $40,000.00 40,000 $40,000.00 18 SCADA Documentation and 0. N. Stevens Programming Allowance (Mandatory Allow 1 LS 35,000 $35,000.00 35,000 $35,000.00 35,000 $35,000.00 35,000 $35,000.00 $3,648,800.00 $3,795,415.00 $3,804,998.00 $3,907,235.00 TOTAL e>38 BID + Indicate error on bid proposal. Value h Correct. \ Mpro]ect \ councilexhibits \ exh8566.dwg Son Potricio /Vuece' PROJECT N HWY 44 AGNES CORPUS CHRIS'fl INIERNAllONAL NRPORT H 37 BEAR CORPUS CHRISTI BAY F.M. 43 FM 24~-4 PROJECT No. 8366 LOCATION f/AP NOT TO SCALE EXHIBIT "D" North Navigation Boulevard Pumping Plant Contract Two: Pumping Plant and Site Work CITY OF CORPUS CHRISTI, TEXAS CITY COUNC%L EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 DATE: 04---05-2005 5 AGENDA MEMORANDUM April 8, 2003 SUBJECT: Corpus Christi Airport Terminal Construction Program #1071 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute change order 45 with Fulton/Coastcon, Inc., A Joint Venture, in the net amount of $425,410.87 for Corpus Chdsti International Airport New Terminal Building for concrete and structural steel for the retail and Transportation Security Administration lease areas and an exterior finish system for the Air Cargo Building. ISSUES: Approval of the change order is necessary to: · avoid delay in the completion of the retail expansion and Transportation Secudty Administration lease areas; and · provide a unified architectural finish accessing the parking lot. FUNDING: Funds for this project are available Airport Capital Project Fund. RECOMMENDATION: Approval of the motion as presented. / Dave Hamrick Aviation Superintendent ,~rge~ R. Escobar, P.E. Director of Engineering Services Additional Support Material Exhibit A: Background Information Exhibit B: Prior Council/Administrative Actions Exhibit C: Location Map BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The change order is necessary to avoid delay in the expansion of the Retail and Transportation Security Administration (TSA) lease space. Lease spaces are important revenue components that will help defray the debt, operation and maintenance costs of the New Terminal. CHANGE ORDER: The change order provides for concrete and structural steel work associated with the lease space expansion. This will allow work to continue while contractor negotiations and pdces are developed for the completion of the lease expansion. The change order also provides for an aluminum exterior finish system for the Air Cargo Building. This change will enhance the appearance of the Air Cargo Building and create a more unified architectural appearance. The change order will result in the ultimate: · Addition of approximately 6,300 square feet (s.f.) of tenant lease retail space; · Build out of approximately 7,200 s.f. of tenant lease space to house Transportation Security Administration staff; and · New exterior aluminum finish for the Air Cargo Building PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: Numerous actions by the City Council and staff have been made for this complex project. A list of the more significant actions is attached. See Exhibit B. FUTURE COUNCIL/ADMINISTRATIVE ACTIONS: A change order to authorize completion of the retail and TSA lease expansion will be presented after completion of cost negotiations. Additional change orders are likely based on tenant initiated requests and opportunities for facility enhancements. BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the change order and recommended its approval. H:\HOME\KEVINS\GEN~AIR\NEWTERM\^cO45awd.bkg.doc EXHIBIT A 1 Page 1 of 1 PRIOR COUNCIL ACTIONS AuRust 25, 1998 - Resolution approving the financial feasibility plan to fund the five-year capital improvement program for CCIA including the terminal reconstruction program. (Res. 023426) March 30, 1999 - Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA. (M99-089) April 20, 1999 - Motion to authorize City Manager to execute a contract for architectural/engineering services with M Arthur Gensler Jr. and Associates in the amount of $2,225,000 for the CCIA Terminal Building. (M99-105) July 20, 1999 - Adoption of FY99-00 Capital Budget and 2000-2004 CIP Guide which included Airport Project No. 1, Terminal Building Reconstruction. Airport Project No. 2, Terminal Apron Construction, and Wastewater Project No. 22, Airport Lift Station Relocation. (Ord. No. 023703). December 21, 1999 - Approval of the Terminal Design Concept as presented by the Gensler Team. January 25, 2000 - Motion to authorize City Manager to execute Amendment No. 1 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $72,095 related to the airport automated access control system (AACS) and closed- circuit television (CCTV) system for the Terminal Reconstruction project. (M2000-027) February 23, 2000 - Motion to authorize City Manager to execute a construction contract in the amount of $1,575,000 with B. E. Beecroft Company, Inc. for temporary facilities for the Terminal Reconstruction Program. (M2000-66) May 23, 2000 - Motion authorizing the City Manager to execute Amendment No. 2 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $180,700 related to the terminal apron construction, terminal re-construction, and lift station relocation projects at Corpus Christi International Airport. (M2000-153) August 22, 2000 - Motion authorizing City Manager, or his designee, to execute a construction contract with Fulton/Coastcon in the amount of $16,472,000 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 10. November 21, 2000 - Motion authorizing the City Manager to execute Amendment No. 3 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $420,940 for the for the Corpus Christi International Airport Terminal Construction project (M2000-412). 11. November 21, 2000 - Motion authorizing the City Manager to execute a project liaison and inspection contract with AGCM, Inc. in the amount of $196,400 for the for the Corpus Christi International Airport Terminal Construction project. (M2000-413). 12. November 21, 2000 - Motion authorizing the City Manager to execute Change Order No. 1 (construction by-pass) with Fulton/Coastcon in the amount of $56,026.58 for the Corpus Christi International Airport Terminal Construction project. (M2000-292) 13. April 18, 2001 - Motion authorizing the City Manager to execute Change Order No. 9 (substitution of concrete in lieu of asphalt under open concourse areas) with Fulton/Coastcon in the amount of $103,140.44 for the Corpus Christi International Airport Terminal Construction project. (M2001- 154). 14. May 2912001 - Motion authorizing the City Manager to execute Change Order No. 12 (revision of structural foundations to reflect field conditions) with Fulton/Coastcon in the amount of $38,618.74 for the Corpus Christi International Airport Terminal Construction project. (M2001- 207). I EXHIBIT B Page 1 of 5 H:\HOME\KEVINS\GEN~AIR\NEWTERM\^co45AwdPrior.doc 15. 16. 17. 18. 19. 20. 21. 22. June 12 2001 - Motion authorizing the City Manager to execute Amendment No. 8 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of ($132,344) for the for the Corpus Christi Intemational Airport Terminal Construction project (M2001-219). September 11, 2001 - Motion authorizing the City Manager to execute Change Order No. 19 (upgraded public address system, additional escalators, wall laminates, & decorative tiles) with Fulton/Coastcon in the amount of $514,974.42 for the Corpus Christi International Airport Terminal Construction project. (M2001-347). October 9 2001 - Motion authorizing the City Manager to execute Change Order No. 22 (replace eight (8) inch water line under commercial apron) with Fulton/Coastcon in the amount not to exceed $155,449.01 for the Corpus Christi International Airport Terminal Construction project. (M2001-373). ~- Motion authorizing the City Manager, or his designee, to execute Amendment o. 3 with AGCM in the amount of $598,500 for construction management, project liaison, and inspection services for the new Airport Terminal Building (M2001-387). October 23 2001 - a. Motion authorizing the City Manager to execute Change Order No. 23 (additional filters on cooling towers and addition of two manholes) with Fulton/Coastcon in the amount of $20,326.24 for the Corpus Christi International Airport Terminal Construction project. b. Motion authorizing the City Manager to execute Change Order No. 24 (reduce depth of relocated wastewater lift station, add 225 amp service, and provide exit lights for sliding doors at front terminal entries) with Fulton/Coastcon in the amount of $23,490.93 for the Corpus Christi International Airport Terminal Construction project. (M2001-401). ~ - Motion authorizing the City Manager to execute Amendment No. 12 to the architectural/engineering services contract with M. Arthur Gensler, Jr. and Associates, Inc. in the amount of $46,060.00 for the for the CorpUs Christi international Airport Terminal Construction project (M2002-102). ~ - Motion authorizing the City Manager to execute Change Order No. 31 (relocate security check point and enhanced finishes) with Fulton/Coastcon in the amount not to exceed $63,857.91 for the Corpus Christi International Airport Terminal Construction project. (M2002- 132). .June 6, 2002 - Motion authorizing the City Manager to execute Change Order No. 35 (extend canopy 35' from commercial island to parking lot) with Fulton/Coastcon in the amount not to exceed $212,129.81 for the Corpus Christi international Airport Terminal Construction project. (M2002-192). PRIOR ADMINISTRATIVE ACTIONS .January 17, 2001 -Award of Change Order No. 2 in the amount of $24,071 to Fulton/Coastcon for temporary vestibules, air curtains, and lighting. ~ Janua~ _ Award of Change Order No. 3 in the amount of $19,121,55 to Fulton/Coastcon for temporary canopy. ~ - Award of Amendment No. 4 to M. Arthur Gensler and Associates in the amount of $14,000 for structural slab and double wall air handler units. .February 9, 2001 - Award of Change Order No. 4 in the amount of $I 1,921.16 to Fulton/Coastcon for various utility work, rerouting of conduits, and temporary speakers at curb-side. H:\HOME\KEVINS\GEN~AIR\NEWTERM\^co45AwdPrior,doc [~ EXHIBIT B Page 2 of 5 5. February 14, 2001 - Award of Amendment No. 5 to M. Arthur Gensler and Associates in the amount of $14,920 for apron extension/access roads & terminal apron projects. (separate project) 6. February 16, 2001 - Award of Change Order No. 5 in the amount of $19,914.33 to Fulton/Coastcon for additional pedestrian tunnel support. March 19, 2001 ~ Award of Change Order No. 6 in the amount of $15,672.70 to Fulton/Coastcon for storm drain repairs and removal, additional traffic markings and signage, and isolation of HVAC piping and controls. 8. March 29, 2001 - Award of Amendment No. 6 to M. Arthur Gensler and Associates in the amount of $14,900 for design of additional escalators, voice paging, plastic laminate, and decorative mosaic tile. 9. March 30, 2001 - Award of Amendment No. 1 in the amount of $15,000 to AGCM, inc. for additional inspection services. 10. April 2, 2001 - Award of Change Order No. 7 in the amount of $5,974.87 to Fulton/Coastcon for installation of piers for future installation of structural slab under the concourse. 11. April 13, 2001 - Award of Change Order No. 8 in the amount of $14,495.95 to Fulton/Coastcon for various electrical modifications and security alarms. 12. May 4, 2001 - Award of Amendment No. 7 to, M. Arthur Gensler and Associates in the amount of $5,280 for design of three (3) overhead coiling security grills and side-stream filter and isolation valves for cooling towers. 13. May 10, 2001 - Award of Change Order No. 10 in the amount of $19,340.74 to Fulton/Coastcon for various mechanical modifications and modification of a pier cap. 14. May 22, 2001 - Award of Change Order No. 11 in the amount of $22,253.97 to Fulton/Coastcon for additional fill material and relocation of food court water meter. 15. May 22, 2001 - Award of Change Order No. 13 in the amount of $23,381.00 to Fulton/Coastcon for substitution of double wall air handlers in lieu of single wall air handlers. 16. June 21, 2001 - May 22, 2001 - Award of Change Order No. 14 in the amount of $23,636.11 to Fulton/Coastcon for re-route of gas and water mains and addition of lithium bromide filters for chillers. 17. June 25, 2001 - Award of Change Order No. 15 in the amount of $19,995.02 to Fulton/Coastcon for substitution of copper wound transformers in lieu of aluminum wound transformers and additional fill material. 18. July 2, 2001 - Award of Change Order No. 16 in the amount of $23,965.32 to Fulton/Coastcon for an upgrade of passenger loading bridge carpet and remobilization of demolition contractor. 19. July 5, 2001 - Award of Change Order No. 17 in the amount of $13,119.75 to Fulton/Coastcon for storage of advanced purchase equipment in bonded warehouse and Data Room and Tower Vault Signal additions to facilitate relocation of telephone and local area network (LAN). 20. August 22, 2001 - Award of Change Order No. 18 in the amount of $23,885.98 to Fulton/Coastcon for raising the elevation of asphalt crosswalks and additional excavation and fill material under the old restaurant area. 21. September 4, 2001 * Award of Change Order No. 20 in the amount of $21,597.31 to Fulton/Coastcon for relocation of equipment for jet bridge power room, and baggage service office/additional operation space for Continental Express. IEXHIBITB Page 3 of 5 H:\HOM E\KEVI NS\GENiAl R\N EWTE RM\^co45Awd Prior.doc 22. September 14, 2001 - Award of Change Order No. 21 in the amount of $24,686.88 to Fulton/Coastcon for air conditioning shop space under concourse and additional power supply for data and communication room equipment. 23. March 30, 2001 - Award of Amendment No. 2 in the amount of $15,000 to AGCM, Inc. for additional inspection services. 24. December 31,2001 - Award of Amendment No. 9 to M. Arthur Gensler and Associates in the amount of $20,850 for design alternatives for wastewater lift station and aluminum panel details at security checkpoint. 25. January 24, 2002 - Award of Amendment No. 10 to M. Arthur Gensler and Associates in the amount of $10,500 for modification of security checkpoint location and electrical/security rooms. 26. February 19, 2002 - Award of Amendment No. 11 to M. Arthur Gensler and Associates in the amount of $9,700 for extension of the Terminal Building Main canopy. 27. October 31, 2001 - Award of Change Order No. 25 in the amount of $14,515.57 to Fulton/Coastcon for ground radio provider and Continental Airlines operations, three phase motors for baggage doors, include baggage equipment on emergency power, revise cooling tower foundation, and relocate water line to improve future access. 28. November 14, 2001 - Award of Change Order No. 26 in the amount of $17,712.62 to Fulton/Coastcon for emergency power for airlines, modification of bag handling door controls, and other modifications. 29. Dece,ber 14, 2001 - Award of Change Order No. 27 in the amount of $21,234.46 to Fulton/Coastcon for additional space for a baggage office and operations suite for Continental Airlines and modification of transom to electric vault door. 30. January 31, 2002 -Award of Change Order No. 28 in the amount of $24,424.61 to Fulton/Coastcon for security modifications associated with 9/11 and installation of high speed operator on Gate 24B. 31. February 12, 2002 - Award of Change Order No. 29 in the amount of $24,078.56 to Fulton/Coastcon for additional security expenses, bag conveyor openings, and fire damper. 32. February 26, 2002 - Award of Change Order No. 30 in the amount of $21,343.15 to Fulton/Coastcon for additional foundation work, chilled water interconnect, temporary electrical supply connection, additional exterior lighting for exterior baggage operations, and stucco fascia along roof edge. 33. May 2, 2002 - Award of Change Order No. 32 in the amount of $24,840.92 to Fulton/Coastcon for additional offices, relocation of ticket counters and .return air openings. 34. May 15, 2002 - Award of Change Order No. 33 in the amount of $24,871.93 to Fulton/Coastcon for mechanical and structural modifications. 35. May 29, 2002 - Award of Change Order No. 34 in the amount of $19,973.85 to Fulton/Coastcon for electrical rough-ins for advertising, ticket counter revisions, and mechanical modifications. 36. July 17, 2002 - Award of Change Order No. 36 in the amount of $20,265.24 to Fulton/Coastcon for various minor enhancements (carpet, voice/data circuits, door pulls, security modifications, etc.). 37. August 7, 2002 - Award of Change Order No. 37 in the amount of $19,558.82 to Fulton/Coastcon for mechanical, electrical and other modifications. 38. September 5, 2002 - Award of Change Order No. 38 in the amount of $24,954.30 to Fulton/Coastcon for placing terrazzo in the food court. EXHIBIT B J Page 4 of 5 H :\HOM E\KEV~ NS\GEN~AIR\NEWTE RM\^co45Awd Prior.doc 39. October 30, 2002 - Award of Change Order No. 39 in the amount of $20,030.49 to Fulton/Coastcon for various electrical modifications, lock sets, PA service, etc. 40. November 5, 2002 - Award of Change Order No. 40 in the amount of $17,231.32 to Fulton/Coastcon for electrical modifications, advedising modifications, rent car telephones, and window blinds. 41. February 6, 2003 - Award of Change Order No. 41 in the amount of $21,337.32 to Fulton/Coastcon for food court ceiling and relocation of visitor information desk. 42. February 17, 2003 - Award of Change Order No. 42 in the amount of $22,915.20 to Fulton/Coastcon for additional electrical power to rent car offices, vending machines, enclosure of open administrative space, storage of equipment City requested advanced delivery, and additional security costs. 43. February 28, 2003 - Award of Change Order No. 43 in the amount of $24,542.08 to Fulton/Coastcon for various electrical, plumbing, signage, fire alarm, and HVAC modifications. 44. March 21,2003 - Award of Change Order No. 44 in the amount of $20,422.87 to Fulton/Coastcon for various ticket counter shell, bagwell for Delta, additional piping flanges, modification of rent car parking lot, removal of manholes under additional retail space, new gate operator support, conduit to new checkpoint location. H:\HOME\KEVINS\GEN~AIR\NEWTERMV'co45AwdPrior.doc I EXHIBIT B Page 5 of 5 File : councflexhibits\, N Son Pot~clo County NUECES BAY CORPUS CHRISTI BAY PROJECT LOCATION LOCATION 14AP NOT TO SCALE I ~,~_ TERMINAL PARKING r LANDING APRON RMINAL BUILDING LANDING APRON CITY PROJECT NO. 1071 PROJECT SITE NOT TO SCALE CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL CONSTRUCTION PROGRAM 2000 FAA AlP 3-#8-0051-28-00 CITY OF CORPUS CHRISTI, TEXAS EXHIBIT "C" CITY COUNCIL EXHIBIT DEPAR~T OF ~GINEERING S~C~ PAGE: I of 1 ~: 04-08-2003 6 AGENDA MEMORANDUM April 8, 2003 SUBJECT: Corpus Christi Airport Roadway and Parking Lot Improvements #1019 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 with Bay, Ltd. in the net amount of $87,208.24 for the Corpus Christi International Airport Roadway and Parking Lot improvements. ISSUES: Approval of the change order is necessary to address parking lot pavement repairs and other modifications. FUNDING: Funds for this project are available Airport Capital Project Fund. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Aviation Superintendent Ar~ R. Escobar, P.E. Drrector of Engineering Services Additional Support Material Exhibit A: Background Information Exhibit B: Location Map BACKGROUNDINFORMATION ADDITIONAL INFORMATION: The project was originally envisioned to include the entrance road, loop roadway, service reads, additional parking, impreved lighting, and landscaping. Dudng the design phase, events and available funding dictated that the scope be modified. The original design scope envisioned an urban entrance readway with curb and gutter. Funding was not deemed adequate to accommodate an undergreund storm drainage system. Drainage was to be discharged into modified ditches along the roadway. The magnitude of required drainage imprevements further increased when development of the area west of the entrance road was considered. The events of September 11 and subsequent changes in security regulations required the modification of the plans to allow the utilization of short-term parking and the rental car parking lots. Although the modifications added to the expense of the project, they were essential to providing the public with the convenience of nearby short term and rental car parking. The importance of maximizing customer convenience continued to be a central to the design process. An important component of customer convenience was the need to provide shade and weather protection for pedestrians. This resulted in the construction of additional canopies as part of the terminal project. The project included additional pedestrian canopies bid as three additive alternates. Council was informed that the project would be phased to ensure the vital elements of the project could be constructed with available funds. CHANGE ORDER: The change order provides for various modifications requested by the City. They include detour modifications to maintain Terminal access, fence modifications, project acceleration costs, water/fire hydrant modifications, concrete walkways, existing road repairs, transaction window modifications, additional drainage inlets, and paving the Signature Air parking lot. The new Airport Lift Station and gravity line ran the length of the Signature Air parking lot. See Exhibit B. PRIOR COUNCIL ACTION: Prior Council Action: Mamh 24, 1998 - Motion authorizing the City Manager to execute a contract in the amount of $129,000 with RusselI-Veteto Engineering, Inc. (M98-088). August 25, 1998 - Resolution approving the financial feasibility plan to fund the 5-Year EXHIBIT A J Page 1 of 3 H:\HOME\KEVINS\GEN~AIR\981MPRVN\Iandside~^CO6bkgExhA.doc Capital Improvement Program for CCIA, including the Terminal Reconstruction program (Res. 023426). Mamh 30, 1999 -Approval of recommended Terminal Reconstruction and Landside Development concept at CCIA (M99-089). July 20, 1999 - Adoption of the Capital Budget (Ord. 023703), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport ClP Projects No. 7 & 10). November 30, 1999 - Motion approving Amendment No. 2 with RVE, Inc. in the amount of $385,000 for engineering services associated with the roadway/parking lot improvements (M99-414). December 18, 2001 - Approval of the roadway/parking lot design for Corpus Christi International Airport (M2001-482). January 15, 2002 - Adoption of the Capital Budget (Ord. 024730), including Landside Roadway System - Entrance Road and Parking Lot Improvements projects (Airport CIP Projects No. 4 & 5). January 29, 2002 - Motion approving Amendment No. 6 with RVE, Inc. in the amount of $146,150 for engineering services associated with revisions of construction documents for the roadway/parking lot improvements to address FAA security regulations (M2002-037). July 9, 2002 - Motion authorizing the City Manager, or his designee, to award a construction contract in the amount of $6,541,301.99 with Berry Contracting, LP (dba Bay Ltd.) for the Corpus Christi International Airport Roadway and Parking Lot Improvements, Phase 1 (M2002-199). October 8, 2002 - Motion authorizing the City Manager to execute Amendment No. 1 to the contract for construction materials testing, laboratory and inspection in the amount of $40,062 with PSI. (M2002-338). December 17, 2002 - Motion approving Amendment No. 8 with RVE, Inc. in the amount of $165,665 for engineering services associated with Corpus Christi International Airport roadway and parking lot modifications for long term covered parking improvements (M2002-414). Prior Administrative Action: June 28, 1998 - Approval of Amendme~ No. 1 to the contract with Russell-Veteto Engineering, Inc. to reduce construction phase services and the authorized contract fee by $5,400 for a new total of $123;600. February 9, 2000 - Approval of contract with Professional services Industries, Inc. (PSI) in the amount of $13,185 for geotechnical engineering and testing. May 2, 2000 - Approval of Amendment No. 1 to the contract with Professional services Industries, Inc. (PSI) in the amount of $959 for geotechnical engineering and testing. October 27, 2000 - Approval of Amendment No. 3 with RVE, Inc. in the amount of $6,965 for investigation of additional parking lot lighting. EXHIBIT A H:\HOME\KEVINS\GEN~AIR\981MPRVN\Iandside\^CO6bkgExhA,doc December 29, 2000 - Approval of Amendment No. 4 with RVE, Inc. in the amount of $14,990 for revision of the construction phasing plan. January 17, 2002 - Approval of Amendment No. 5 with RVE, Inc. in the amount of $24,177.62 for preparation of conceptual alternatives and presentation materials to address revised FAA security requirements. August 20, 2002 - Approval of Amendment No. 7 with RVE, Inc. in the amount of $10,000.00 for preparation of conceptual layouts of the covered parking lot and underground drainage for the entrance road. Au.qust 28, 2002 - Approval of a contract with PSI in the amount of $21,270 for construction materials, laboratory inspection and testing services. September 23, 2002 - Approval of Change Order No. 1 with Bay, Ltd. in the amount of $0.00 to clarify wage rate determination. November 8, 2002 - Approval of Change Order No. 2 with Bay, Ltd. in the amount of $24,514.63 for additional demolition, disposal of fuel contaminated soil, environmental delays, and acceleration to complete Phase 1 by October 25, 2002. November 19, 2002 - Approval of Change Order No. 3 with Bay, Ltd. in the amount of $24,275.00 to provide new parking lot cress section for rent car lot in lieu of pavement repairs and overlay. January 29, 2003 - Approval of Amendment No. 9 with RVE, Inc. in the amount of $23,500.00 for additional construction phase services, modification of pavement design, and runway end drainage/grading modifications. March 7, 2003 - Approval of Change Order No. 4 with Bay, Ltd. in the amount of $24,342.02 for removal stabilized material, wet material from work area, additional moisture barrier and waterproofing, additional storm water junction boxes, and water line modifications. March 31, 2003 - Approval of Change Order No. 5 with Bay, Ltd. in the amount of $24,604.43 for temporary paving, cement base stabilization, additional hot mix asphaltic concrete paving, and pavement repairs. FUTURE COUNCIL ACTION: Council will be requested to act on the following items: · Award of change orders that may be necessary to accommodate the parking lot modifications; · Award of an architectural design contract for covered parking; · Award of a construction contract for covered parking; · Award of a construction contract for the entrance road; and · Award of a contract for engineering inspection, laboratory and materials testing services. RECOMMENDATION: Approval of the motion as presented. H:\HOME\KEVINS\GEN~AIR\981MPRVN\Iandside\^CO6bkgExhA,doc EXHIBIT A San Patri¢io County N ~ r, ~ ~~'?/~"-~.~ CORPUS LOOATZON ~ NOT TO SCALE H~ ~4 (A~~ AIRPORT ENTRANCE ROAD I, N '~" ~ PARKIN~ LOT SITE LAYOUT NOT TO SCALEEXHIBIT "B" CITY 00UNOZL EXNZBZT CORPUS CHRISTI INTERNATIONAL AIRPORT a[~E~ o~ ~O~g~ SE~WO[S RO~WAY ~D P~KING LOT I~PROVE~ENTS PAGE: CI~ OF CORPUS CHRISTI, TEXAS DATE: 04-08-200~ 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: __April 8, 2003 AGENDA ITEM: Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural Commission, consisting of arts professionals and community peers to make recommendation for Airport "Percent for Art" project. ISSUE: Ordinance # 19634 stipulates that no city advisory board or committee can appoint persons outside its membership as advisors, or to subcommittees or ad hoc committees without prior approval of the City Council. Therefore, Council approval to appoint the panel is required. REQUIRED COUNCIL ACTION: Approval of Selection Panel PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Arts & Cultural Commission and City Staff recommend the ad hoc peer panel be approved. Daniel L. Whitworth, Director Park & Recreation Department Attachments: List of Peer Panel Members Airport Selection Peer Panel Percent for Art Nelda Martinez, Representative from Airport, Airport Board Member, Stewart Title Rocco Montesano, Representative from Airport, Airport Board Member, Director of USS Lexington. Greg Rubio, Art Professional, Professor at Texas A&M University-CC Amorette Garza, Art Professional, Professor of 3D at Del Mar College Background Information The make-up of the art selection panel is directed by policies and guidelines established in the Public Art Ordinance. Two arts professionals, two members of the area/neighborhood where the art will be placed, an Arts and Cultural Commission member, city staff, an architect or designer, related board members and a representative of the department that will receive the artwork is the standard make-up of the panel. The airport staff and board made recommendations to the Arts and Cultural commission of two people that would represent the airport and the Visual Arts Subcommittee of the Arts and Cultural Commission solicited local art professionals, The ad hoc peer panel members were selected with this recommendation. By ordinance all allocations for funds for City Construction Projects over $50,000 shall include an amount equal to one and one-quarter (1 1/4) percent of the Construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs. Airport staff has determined that the one and one-quarter percent of the City funds, used for the airport renovation and roadway, is $135,000. 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/08/03 AGENDA ITEM: Ordinance authorizing the resale of sixty-nine (69) properties shown on the attached and incorporated Exhibit A which were foreclosed upon for failure to pay ad valorem taxes and miscellaneous liens, for minimum opening bid amounts equal to prices listed on the attached Exhibit A. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. If these properties do not sell at the tax foreclosure sale, they are held by Nueces County, Trustee, on behalf of the respective taxing entities, until they can be resold. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of this property. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for each of the properties listed. REQUIRED COUNCIL ACTION: Approval of proposed Resolution authorizing the resale of the listed propeff~es. CONCLUSION AND RECOMMENDATION: Staffrecommends that City Council approvethe proposed Resolution in order to place the properties back on the tax roll. Director of Fimmcial Services Attachments: Exhibit A BACKGROUND INFORMATION Properties within the City of Corpus Christi are periodically foreclosed due to nonpayment of ad valorem taxes. When the properties fail to draw a bid equal to the amount owed for taxes and liens at the foreclosore sale, the property is "struck off' to Nueces County, Trustee. The properties are then advertised for resale to the public and the listed offers are the best prices submitted. The law firm of Linebarger, Heard, Goggan, Blair, Graham, Pena & Sampson, L.L.P. is proposing the resale of the listed properties at the bid prices listed. The monies received fi.om this sale are distributed pursuant to the property tax code. The net proceeds fi.om each sale are first applied to pay offthe outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the resolution will authorize the Nueces County Judge to execute a Resale Deed for each of the properties listed and each property, if sold, will be returned to the property tax roll for the upcoming year. ORDINANCE AUTHORIZING THE RESALE OF SIXTY-NINE (69) PROPERTIES SHOWN ON THE ATTACHED AND INCORPORATED EXHIBIT A WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES AND MISCELLANEOUS LIENS, FOR MINIMUM OPENINGS BID AMOUNTS EQUAL TO PRICES LISTED ON THE ATTACHED EXHIBIT A; AND DECLARING AN EMERGENCY WHEREAS, the taxing authorities hold in trust the properties legally described on the attached and incorporated Exhibit A; WHEREAS, sixty-nine properties were struck off to the taxing authorities over six months ago and have no offers pending; WHEREAS, the taxing authorities desire to obtain the best possible price for the properties and return these properties to the tax rolls; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The governing body of the City of Corpus Christi authorizes the resale of sixty-nine (69) properties shown on the attached and incorporated Exhibit A, which were foreclosed upon for failure to pay ad valorem taxes and miscellaneous liens, for minimum opening bid amounts listed on the attached Exhibit A. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the __ day of ,2003. Attest: The City of Corpus Christi Armando Chapa City Secretary APPROVED: April 2, 2003 Lisa Aguilar Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor EXHIBIT "A' ITEM ITEM 2- ITEM 3- ITEM ITEM 5- ITEM 6- ITEM 7- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number:. Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: .72 AC Renkin Tract & .34 Acre Kleberg Farm Tract · 2102 Lipan, Corpus Christi, Nuecas County, Texas 7115-0000-0265 & 0266 $2470.00 4.58 Ac Lots 1 & 2, Section 6, Bohemian Colony Los Robles Ddve, Corpus Christi, Nuecas County, Texas 0847-0006-0013 $1150.00 Lot 14, Block 2, Citizens Addition 1709 Lexington Avenue, Corpus Christi, Nueces County, Texas 1593-0002-0140 $580.00 Lots 15,16 & W ½ of Lot 17, Block 3, Highlands Addition 1-37 N {~ Kennedy, Corpus Christi, Nueces County, Texas 3405-0003-0150 $1610.00 Lots 21 through 24,. Block 12, Hillcrest 2000 Van Loan, Corpus Chdsti, Nueces County, Texas 3443-0012-0210 & 0230 $3,990.00 Lot 29, Block 11, Austin Addition 3706 Morgan Avenue, Corpus Christi, Nueces County, Texas 0315-0011-0290 $960.00 Lot 28, Block 2, Carver Addition 2809 Tadton, Corpus Christi, Nueces County, Texas 1390-0002-0280 $560.00 ITEM 8- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 6, Block 9, Harlem Park 3321 Washington., Corpus Christi, Nueces County, Texas 3232-0O09-0060 $1,290.00 ITEM 9- Legal Description: Property Location: NCAD Tax Number. Opening Bid: ITEM 10- Legal Description: Property Location: NCAD Tax Number. Opening Bid: ITEM 11- Legal Description: Property Location: NCAD Tax Number: Opening Bid: ITEM 12- Legal Description: Property Location: NCAD Tax Number: Opening Bid: ITEM 13- Legal Description: Property Location: NCAD Tax Number: Opening Bid: ITEM 14- Legal Description: Property Location: NCAD Tax Number: Opening Bid: ITEM 15- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 7 Block "B", Dunbar Addition 2922 Carver, Corpus Christi, Nueces County, Texas 2175-0OO2-0O70 $570.00 W 50' of Lot 5 & 6 Block 11, Patrick Webb 614 22nd Street, Corpus Christi, Nueces County, Texas 9307-0011-0050 $6290.00 Lot 11, Block 3, Jones Addition 1609 Mestina, Corpus Christi, Nueces County, Texas 3795-O003-0110 $2480.00 Lot 12, Block 3, Jones Addition 1605 Mestina, Corpus Christi, Nueces County, Texas 3795-0003-O120 $2,530.00 Lot 13, Block 3, Jones Addition 1601 Mestina, Corpus Chdsti, Nueces County, Texas 3795-0003-013O $333O.0O No. 65.8' of Lot 12- 16, Block 23, Chamberlain 500 BIk. King Street, Corpus Christi, Nueces County, Texas 1512-0023-O120 $1860.00 Lots 3 - 6, SE ½ BIk. E, Colonia Mexicana 1214 % - 1220 No. Staples, Corpus Christi, Nuecas County, Texas 1695-0015-0030 $15,990.00 ITEM 16- Legal Description: ITEM 17- ITEM 18- ITEM 19- ITEM 20- ITEM 21- ITEM 22- ITEM 23- Property Location: NCAD Tax Number:. Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: Legal Description: Property Location: NCAD Tax Number: Opening Bid: E ½ of Lot 6, BIk. 6, Cabaniss Acres 2322 Carolyn, Corpus Christi, Nueces County, Texas. 1185-0006-0060 $1,910.00 Lot 27, Jasmin Addition 425 18t~ Street, Corpus Chdsti, Nueces County, Texas. 3775-0000-O270 $610.00 Lot 28, Jasmin Addition 501 18~ Street, Corpus Chdsti, Nuecas County, Texas 3775-0000-0280 $610.0o Lots 11 & 12, Block 35, Hillcrest Addition 1724 Peabody, Corpus Chdsti, Nueces County, Texas 3443-0035-0110 $1,660.00 Lot 6, Block 3, High Terrace 2621 Alamo, Corpus Christi, Nueces County, Texas 3380-0003-0060 $1,340.00 Lot 50, Block 51 Seikel Addition 712 Eleanor, Corpus Christi, Nueces County, Texas 7891 -O005-0500 $2,970.00 Lot 51, Block 5, Seikel Addition 710 Eleanor, Corpus Christi, Nueces County, Texas 7891-0005-0510 $1,950.00 Lot 11, Block 16, Southmoreland Addition 203 Tarlton, Corpus Chdsti, Nueces County, Texas 8284-0016-0110 $1,280.00 ITEM 24- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 4, Block 2, Mon"is & Mitchell Ext So. End 1314 Morris, Corpus Christi, Nuecas County, Texas 5410-0002-(X)40 $2,330.00 ITEM 25- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 11, Block 3, Abbott Addition 242 Gibson, Corpus Christi, Nueces County, Texas 0001-0003-0110 $1,550.00 ITEM 26- Legal Description: Properly Location: NCAD Tax Number: Opening Bid: Lot 35, Block 1, Meadow Park Addition 202 Osage, Corpus Christi, Nueces County, Texas 5000-0001-0350 $1,720.00 ITEM 27- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 5, Block 'B', Reynolds Addition 2930 Blake, Corpus Chdsti, Nueces County, Texas 7193-0002-0050 $1,380.00 ITEM 28- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lots 8 & 9, Block 2, Wiess Addition 2017 Coleman, Corpus Chdsti, Nueces County, Texas 9630-0002-0080 $5,640.00 ITEM 29- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 24, Block 8, La Arboleda 2509 Nimitz, Corpus Christi, Nueces County, Texas 4032-0008-O240 $1,250.00 ITEM 30- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 7, Block 7, Paul Court 1813 Comanche, Corpus Christi, Nueces County, Texas 6463-0007-0070 $1,700.00 ITEM 31- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 31, Block 1, Coronado Addition 442 Airport Road, Corpus Christi, Nueces County, Texas 1795-0001-0310 $1,240.00 ITEM 32- Legal Description: Property Location: NCAD Tax Number. Opening Bid: E % of Lot 34, Block 1, La Paloma Addition 3043 Buford, Corpus Christi, Nuecas County, Texas 4062-0001 -O340 $1,590.00 ITEM 33- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 14, Block 4, Coronado Addition 3910 Navajo, Corpus Chdsti, Nuecas County, Texas 1795-0004-0140 $1,200.00 ITEM 34. Legal Description: Property Location: NCAD Tax Numbe~. Opening Bid: Lot 6, Block 7, H. E. Luter Partition 2022 Mary Street, Corpus Chdsti, Nueces County, Texas 4625-0007-0060 $550.00 ITEM 35 Legal Description: Property Location: NCAD Tax Number. Opening Bid: Lot 50, Juarez Addition 629 25~h Street, Corpus Chdsti, Nueces County, Texas 3837-0001-0500 ITEM 36- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lots 21,22 & 23, Block 1 La Paloma Addition 1121 Verbena, Corpus Christi, Nuecas County, Texas 4062-0001-0210 $1,650.00 ITEM 37~ Legal Description: Property Location: NCAD Tax Number: Opening Bid: So. % of Lot 5, Block 1, Montrose Park 922 25a Street, Corpus Christi, Nuecas County, Texas 5324-0001-0050 $1,970.00 ITEM 38. Legal Description: Property Location: NCAD Tax Number:. Opening Bid: Lot 3, Block 10, Meadow Park 225 Shawnee, Corpus Chdsti, Nuecas County, Texas 5000-0010-0030 $1,700.00 ITEM 39- Legal Description: Property Location: NCAD Tax NumbeF Opening Bid: Lot 9, Block 6, Pineda Park Addition 3010 Churchill Ddve, Corpus Christi, Nueces County, Texas 6745-0006-OO9O $3,450.00 ITEM 40- ITEM 41- ITEM 42- ITEM 43- ITEM 44- ITEM 45- ITEM 46- ITEM Legal Description: Lots 3 & 4, Block 1101 Bay Terraca ~2 Property Location: 1457 So. Brownies, Corpus Christi, Nuecas County, Texas NCAD Tax Number: 0481-1101-0030' Opening Bid: $1,640.00 Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 1, Block 11, Austin Addition 545 Hiawatha, Corpus Christi, Nueces County, Texas 0315-0011-0010 $5,580.00 Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 3, Block 10, Coronado Addition 237 Havana, Corpus Christi, Nueces County, Texas 1795-0010-0030 $1,200.00 Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lots 5 - 7, Block 9, Hillcrest Addition 2021 Van Loan, Corpus Christi, Nueces County, Texas 3dd3-0009-0050 $2,490.00 Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 5, Block 1, Shoreline Park 1919 Lexington Avenue, Corpus Christi, Nueces County, Texas 8013-0001-0050 $1,380.00 Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 6, Block 9, Carver Addition 2921 Kitchens, Corpus Christi, Nueces County, Texas 1391-0009-0060 $990.00 Legal Description: Property Location: NCAD Tax Number. Opening Bid: Lot 11, Block C Airline Subdivision ~ 6518 Birmingham, Corpus Chdsti, Nuecas County, Texas 0063-0003-0110 $1,400.00 Legal Description: Property Location: NCAD Tax Number;. Opening Bid: Lot l-B, Block t, Industrial Heights Addition 6029 Leopard Street, Corpus Christi, Nueces County, Texas 3668-0001-0015 $10,740.00 ITEM Legal Description: Property Location: NC.N:) Tax Number. Opening Bid: Lots 1 - 4, Block 19, Central Park Unit 4 Lincoln ~ Merrimac, Corpus Christi, Nueces County, Texas 1495-0019-0010 $t 1,090.00 Legal Description: Property Location: NCAD Tax Number: Opening Bid: Tract 'B", Lot 27, Block 'H', Flour Bluff Estates Picture Court, Corpus Christi, Nuecas County, Texas 2486-0008-0272 $240.00 ITEM $0- Legal Description: Property Location: NCAD Tax Number. Opening Bid: Tract "A", Lot 27, Block *H", Flour Bluff Estates Picture Court, Corpus Chdsti, Nueces County, Texas 2486-0008-0270 $240.00 ITEM 51- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Tract 'E", Lot 27, Block "l-r, Flour Bluff Estates Picture Court, Corpus Christi, Nueces County, Texas 2486-0008-0028 $240.00 ITEM 52- Legal Description: Property Location: NCAD Tax Number. Opening Bid: Tract "D", Lot 27, Block "H", Flour Bluff Estates Picture Court, Corpus Christi, Nueces County, Texas 2486-0O08-0026 $240.00 ITEM 53- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 13, Block 2, Waldron Subdivision 842 Utica, Corpus Christi, Nueces County, Texas 91460002-0130 ITEM $4- Legal Description: Property Location: NCAD Tax Number: Opening Bid: .54 AC Lot 23, Section 49, Flour Bluff & Encinal Flour Bluff, Corpus Christi, Nueces County, Texas 2476-0049-2330 $4,720.0O ITEM Legal Description: Property Location: NCAD Tax Number: Opening Bid: Tract D, Lot 3, Block H, Flour Bluff Estates Picture Court, Corpus Christi, Nueces County, Texas 2486-0008-0036 $540.00 ITEM 66- ITEM 57- ITEM 68- ITEM 59- ITEM 60- ITEM 61- ITEM 62- ITEM 63- Legal Description: Tract E, Lot 3, Block H, Flour Bluff Estates Property Location: Picture Court, Corpus Christi, Nuecas County, Texas NC^D Tax Numbe~. 2486-0008-0038 Opening Bid: $540.00 Legal Description: Property Location: NCAD Tax Numbe~. Oponlng Bid: Lot 15, Block 12, Flour Bluff Park McDonald Street, Corpus Chdsti, Nueces County, Texas 2540-0012-0150 Legal Description: Property Location: NC^D Tax Number. Opening Bid: Lot 16, Block 12, Flour Bluff Park McDonald Street, Corpus Christi, Nueces County, Texas 2540-0012-0160 $850.00 Legal Description:. Property Location: NCAD Tax Number: Opening Bid: Part of Lot 4, Block 'G', Flour Bluff Estates 400 BIk. Linnet Court, Corpus Chdsti, Nueces County, Texas 2486-O007-0042 $1,140.00 Legal Description: Property Location: NCAD Tax Number. Opening Bid: W 50' of Lot 2, Block 5, Flour Bluff Estates #2 729 Claride, Corpus Christi, Nueces County, Texas 2487-0005-0020 $1,770.00 Legal Description: Property Location: NCAD Tax Numben Opening Bid: Lot 18, Block 6, Waldron Subdivision 830 Roseanne, Corpus Chdsti, Nueces County, Texas 9148.-0006-0180 81,170.00 Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 19, Block 6, Waldron Subdivision 834 Roseanne, Corpus Chdsti, Nueces County, Texas 9146-0006-0190 $1,170.00 Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 20, Block 6, Waldron Subdivision 838 Roseanne, Corpus Chdsti, Nueces County, Texas 9146-0006-0200 $1,170.00 ITEM 64- Legal Description: Properly Location: NCAD Tax Number. Opening Bid: Lot 4, Block 3, San Juan Addition No. 2 9061 Simon, Corpus Christi, Nueces County, Texas 7625-0003-0040 $850.00 ITEM 65- Legal Description: Property Location: NCAD Tax Number: Opening Bid: W % of Lot 15, Block 5, Laguna Acres 909 Lolita, Corpus Christi, Nueces County, Texas 4100-O005-01 50 $1,640.00 ITEM 66- Legal Description: Property Location: NCAD Tax Number: Opening Bid: No. % of Lot 13, Block 6, Colonia Hidalgo Addition 4709 Barrera, Corpus Christi, Nueces County, Texas 1690-(X)06-0135 $1,830.00 ITEM 67- Legal Description: Property Location: NCAD Tax Number:. Opening Bid: Lot 35, Block 1, Washington Addition 946 Linda Vista, Corpus Christi, Nuecas County, Texas 9253-0001-0350 $1,950.00 ITEM 68- Legal Description: Property Location: NCAD Tax Number: Opening Bid: So. 33' of No. 67' of Lot 12, Block 6, Molina No. 2 4300 BIk. Barrera Drive, Corpus Christi, Nueces County, Texas 5281-0006-0120 $1,210.00 ITEM 69- Legal Description: Property Location: NCAD Tax Number: Opening Bid: Lot 28-A, Block 6, Laguna Acres 4121 Theresa, Corpus Christi, Nuecas County, Texas 4100-0006-0280 $3,480.0O 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 8~ 2003 AGENDA ITEMS: a) Ordinance authorizing the City Manager, or designee, to execute a Baggage Cart Rental Concession lease agreements with Smarte Carte, Inc. for the operation of a Self Service Baggage Cart Rental Concession at the Corpus Christi International Airport in consideration of payment of ten percent of the Concessionaire's gross monthly revenues for a term of up to twelve months; and declaring an emergency. b) Ordinance authorizing the City Manager, or designee, to execute a Baggage Cart Rental Concession lease agreements with Smarte Carte, Inc. for the operation of a Self Service Baggage Cart Rental Concession at the Corpus Christi International Airport in consideration of payment of ten percent of the Concessionaire's gross monthly revenues for a term of sixty months. ISSUE: The current lease agreement has expired and the concessionaire is operating on a month to month continuation. This is a standard service available at almost all airports to provide the public with an option for transporting their baggage. REQUIRED COUNCIL ACTION: All leases must be approved by Council. PREVIOUS COUNCIL ACTION: Council has approved several such agreements since the airport has been in operation. FUNDING: This does not require an expenditure of funds. CONCLUSION AND RECOMMENDATION: The Airport Board and Staff recommends approval of the ordinance as submitted. Dave Hamrick Director of Aviation BACKGROUND INFORMATION April 8, 2003 BACKGROUND: The Airport provides baggage carts for the transportation of luggage for passengers. The current contract is on a month-to-month basis following the expiration of a twelve (12) month contract. This is the only company that we were able to locate to provide this service for our airport therefore we did not prepare a request for bid for this service. We negotiated with Smarte Carte Inc. to increase the percentage of gross revenues payable to the Airport from 7% to 10% and Smarte Carte updated the equipment and carts during the move to the new terminal. Funding: N/A [ EXHIBIT A [ Page 1 of 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A BAGGAGE CART RENTAL CONCESSION LEASE AGREEMENT WITH SMARTE CARTE, INC. FOR THE OPERATION OF A SELF SERVICE BAGGAGE CART CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF TEN PERCENT OF THE CONCESSIONAIRE'S GROSS MONTHLY REVENUES FOR A TERM OF UP TO TWELVE MONTHS; AND DECLARING AN EMERGENCY. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION I. That the City Manager, or his designee, is hereby authorized to execute a Baggage Cart Rental Concession lease agreement with Smarte Carte, Inc. for the operation of a Self Service Baggage Cart Rental Concession at the Corpus Christi International Airport in consideration of payment of ten percent of the C ' ' ' oncess~onmre s gross monthly revenues for a term of up to twelve months. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the __ day of ,2003. Attest: The City of Corpus Christi Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved: / day of r't ,2003. · Burke, Jr. !~Assistant City Attornk] For City Attorney H:\LEG-DIR\john\ORDINANCE~Airport Baggage Cart Rental Concession 12 too.doc AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LONG-TERM LEASE AGREEMENT WITH SMARTE CARTE, INC., FOR THE OPERATION OF A SELF SERVICE BAGGAGE CART RENTAL CONCESSION AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT IN CONSIDERATION OF PAYMENT OF TEN PERCENT OF THE CONCESSIONAIRE'S GROSS MONTHLY REVENUES FOR A TERM OF SIXTY MONTHS. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a long-term lease agreement with Smarte Carte, Inc., for the operation of a Self Service Baggage Cart Rental concession at the Corpus Christi International Airport for a term of sixty months. H:\LEG-DIR\JOHN\ORDINANCE~AIRPORT BAGGAGE CART RENTAL CONCESSION 60 MO.DOC EXHIBIT A "PREMISES" 11 of 15 10 CITY COUNCIL AGENDA MEMORANDUM April 4, 2003 AGENDA ITEM: Item a. Ordinance amending the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations, as adopted by Chapter 10, Beachfront Management and Construction, Code of Ordinances, City of Corpus Christi, regarding the permitting process for master plan developments, dune protection permits, beachfront construction certificates, and concurrent dune protection permits/beachfront construction certificates, authorized animal control measures on Gulf of Mexico beaches, restrictions on vessels operating from Gulf of Mexico beaches, regulation of vendors on Gulf of Mexico beaches, regulation of beach festivals, and editorial changes; providing for penalties; providing for severance; providing for publication; and declaring an emergency. Item b. Ordinance amending Ordinance No. 022164, which adopted the City of Corpus Christi, Texas Dune Protection and Beach Access Regulations, by revising the titles of Appendices V, VIII, and XI, by revising the application process flow charts in Appendices IV and V, and by adding application forms for beachfront construction certificates and concurrent dune protection permits/beachfront construction certificates to Appendix V, and by adding a copy of the Interlocal Cooperation Agreement between the City of Corpus Christi, City or Port Aransas, and County of Nueces relating to the Mustang and North Padre Island Beach Parking Permit System as Appendix VIII; providing an effective date; providing for severance; and providing for publication. ISSUE: To incorporate revisions recommended by the Texas General Land Office and the Office of the Attorney General to Chapter 10 (Beachfront Management and Construction) of the City Code and any additional revisions deemed appropriate by City Council. REQUIRED COUNCIL ACTION: Approval PREVIOUS COUNCIL ACTION: On December 31, 2001, the City of Corpus Christi annexed the remaining portions of Mustang Island north to the Port Aransas city limits and south along Padre Island to and including the Jones Tract in Kleberg County. On January 15, 2002, City Council approved the establishment of Beach User Fees and designated Beach Fee Areas on Mustang and Padre Island beaches. On February 19, 2002, City Council approved the codification of numerous sections of the City Code into Chapter 10 as related to beachfront management and construction. The newly created Chapter 10 was submitted to the Texas General Land Office and the Office of the Attorney General for approval and official certification. Subsequently, the State agencies accelerated their conditional approval of only the Beach Fee portion of chapter 10 so that the City could establish its Beach Fee program for the 2002 summer season. The remaining portions of Chapter 10 were held in abeyance so that revisions could be made to Chapter 10 before State approval and certification. During the last year City staff has been frequently communicating with the two state agencies to bring the voluminous Chapter 10 into complete compliance with state law. FUNDING: NA CONCLUSION AND RECOMMENDATION: Approval. Art Sosa, Director of Development Services AN ORDINANCE AMENDING THE CITY OF CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS, AS ADOPTED BY CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING THE PERMITTING PROCESS FOR MASTER PLAN DEVELOPMENTS, DUNE PROTECTION PERMITS, BEACHFRONT CONSTRUCTION CERTIFICATES, AND CONCURRENT DUNE PROTECTION PERMITSIBEACHFRONT CONSTRUCTION CERTIFICATES, AUTHORIZED ANIMAL CONTROL MEASURES ON GULF OF MEXICO BEACHES, RESTRICTIONS ON VESSELS OPERATING FROM GULF OF MEXICO BEACHES, REGULATION OF VENDORS ON GULF OF MEXICO BEACHES, REGULATION OF BEACH FESTIVALS, AND EDITORIAL CHANGES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The titles of Appendix V, VIII, and Xl to the City of Corpus Christi Texas, Dune Protection and Beach Access Regu ations, Chapter 10, Beachfront Management and Construction, Code of Ordinances, is revised to read as follows: CHAPTER 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION APPENDICES Appendix V Flow Chart for Application Process for Dune Protection Permit or Beachfront Construction Certificate Flow Charts and Application Forms for Beachfront Construction Certificates and Concurrent Dune Protection PermitslBeachfront Construction Certificat== Appendix VIII Interlocal Agreement with in the City of Port Aransas and Nueces County relating to the Mustang and North Padre Islands Beach Parking Permit System-(~ R32810A2.doc 2 Appendix Xl 31 TAC Chapter 31 15 (Coastal Area Planning) SECTION 2. Section 10-1, Code of Ordinances, is amended by adding definitions for "Beach/Dune Rules," "habitable structure perimeter or footprint," "master plan," "master planned development," "material changes," and "Planning Director" and revising the definitions for "Department," "erosion area line," and "retaining wall" to read as follows: Sec. 10-1. Definitions. The following words and terms, when used in these regulations, shall have the following meanings, unless the context clearly indicates otherwise. Beach/Dune Rules means 31 TAC §§ 15.1 - 15.10. Department means the Department of .......... = _nd Development Services of the City of Corpus Christi, Texas. Dune complex or dune area means any emergent area adjacent to the waters of the Gulf of Mexico in which several types of dunes are found or in which dunes have been established by proper management of the area. In some portions of the Texas coast, dune complexes contain depressions known as swales. somc Erosion area line means an imaginary line projected landward from the vegetation line into the future for a period of fifty (50) years based-emdetermined by multiplying 50 years by annual historical erosion rates (based on detecmiRed by-the University of Texas, Bureau of Economic Geology) or two hundred (200) feet, whichever is greater. The erosion area line is synonymous with the 'eroding area boundary' authorized in the definition of'eroding area' in 31 TAC 15.2_(3~ and as used in the City of Corpus Christi Dune Protection and Beach Access Plan. Habitable structure perimeter or footprint means the area of a lot covered by a structure used or usable for habitation. The habitable structure perimeter or footprint does not include incidental projecting eaves, balconies, Rround-level oavinq, landscaoinq, ooen recreational facilities (for example, pools and tennis courts), or other similar features. R32810A2,doc 3 Master plan means a plan developed by the applicant in consultation with the General Land Office, the Office of the Attorney General, and the local .qovernment, for the development of an area subiect to the beach/dune rules, an identified in 31 TAC 15.3 (relatin.q to Administration). The master plan shall fully describe in narrative form the proposed development and all proposed land and water uses, and shall include maps, drawin.qs, and tables, and other information, as needed. The master plan must, at a minimum, fully describe the Reneral ~eolo(~v and ,qeoRraphy of the site, land and water use intensities, size and location of all buildinRs, structures, and improvements, all vehicular and pedestrian access ways, and parkinR or stora.qe facilities, location and desi.qn of utility systems, location and desiRn of any erosion response structures, retainin.q walls, or storm water treatment mana.qement systems, and the schedule for all construction activities described in the master plan. The master plan shall comply with the Open Beaches Act and the Dune Protection Act. The master plan shall provide for overall compliance with the beach/dune rules, but may vary from the specific standards, means and methods provided in the beach/dune rules if the de.qree of dune protection and the public's ri.qht to safe and healthy use of and access to and from the public beach are preserved. Master planned development means proposed development for which approval is requested by submission of a master plan containinq maps, drawin.qs, narrative, tables, and other information about the proposed use of specific land and/or water includinR descriptions of uses and use intensities, buildin.q and/or site improvement locations and sizes, relationships between buildin.qs and improvements, vehicular and pedestrian access and circulation systems, parkin.q, utility systems, storm water mana.qement and treatment systems. ~eo(3raphy, ~eolo~3v. imoact assessments, re.qulatory-approved checklist, and phasin.q. Information in the master plan may be conceptual or detailed dependin.q on the status of its requlatory approval. Material changes means chan.qes in project desi.qn, construction materials, or construction methods or in the condition of the construction site which occur after an application is submitted to the City or after the City issues a permit or certificate. Material chanqes are those additional or unanticipated chan.qes, which have caused or will cause adverse effects on dunes, dune ve.qetation, or beach access and use, or exacerbation of erosion on or adjacent to the construction site. Planning Director means the Assistant Director of Development Services, whn has also been desi.qnated as Plannin.q Director of the City of Corpus Christi, or the Plannin.q Director's desi.qnee. Retaining wall means a structure designed to contain or which primarily contains material or prevents the sliding of land. Retainin.q walls may collapse under the- forces of normal wave activity. R32810A2,doc 4 SECTION 3. Section 10-12, Code of Ordinances, is revised to read as follows: Sec. 10-12, Areas exempt. (a) These regulations apply to all private and public land within the city's corporate limits and extraterritorial jurisdiction that lies seaward of the dune protection line and the beachfront construction line except state or national parks, wildlife refuges, preserves, or ~!m!!~-.- ~*."~.~ c; f~d~.~"~ ";c3c other desi.qnated state or national natural areas. (b) Other than state or national parks, wildlife refuges, preserves, and similar areas, these regulations apply to land owned by the State~s~,=,ies, subject to the provisions of the Texas Natural Resources Code, § 31.161 et seq. SECTION 4. Section 10-16, Code of Ordinances, is revised to read as follows: Sec. 10-16. Master planned developments. Master planned development is authorized within the city's incorporated area and extraterritorial jurisdiction (E.T.J). ~ Master planned developments will be authorized in accordance with the city's zoning and platting ordinances, the Open Beaches Act, Chapter 61, Texas Natural Resources Code, the Dune Protection Act, Chapter 63, Texas Natural Resources Code, --r._. Subchapter I of Chapter 16, Texas Water Code, and the General Land Office's beach and dune rules, 31 TAC §§ 15.1 - 15.10. (2) Master planned developments are approved by City Council ordinance. City council may impose requirements more stringent than zoning and platting requirements, and there are no time limitations on the city's part in administering master planned developments. (3) Master plans are adopted by the General Land Office as rules. a. The City's ordinances authorizin,q a master planned development are subiect to review and comment by the General Land Office and Attorney General under 31 TAC 15.3(s)(5), and certification by the General Land Office under 31 TAC 15.3(t)(2). R32810A2.doc 5 b. Before the General Land Office can certify the ordinances authorizing a master planned development, the General Land Office will publish notic¢~ of its proposed certification in the Texas Register, accept public comment, and publish its final action in the Texas Register. (c) (b) Applications for master planned development ordinances shall be submitted to the department -,~ .-~'-,,,-~ .... ~ -~ .... ~ ..... (1) Minimum application requirements are the same as those required for a concurrent dune protection permit/beachfront construction 3~d certificate applicatione (§ 15.3.s.(4) of the General Land Office Rules for Management of the Beach/Dune System, 31 TAC §§ 15.1--15.10). (2) Within *~---'-/~ twenty (20) working days, the department-Planning Director shall review the application for completeness. Any additional information needed to complete the application shall be provided by the applicant before the def~3ctme~Plannin.q Director forwards the application to the General Land Office and the Attorney General's Office. (3) Once the department-Planninq Director determines that the application is complete, it-the Plannin.q Director shall so advise the applicant and notify the applicant of the scheduled P, am~i~-semm~-,ie~-Concurrent Beach/Dune Committee meeting. ~ Within three-(3~ten (10) days of determining that the application is complete the depa~tmeRt-Plannin.q Director shall forward the completed application to the General Land Office and the Attorney General's Office for review. (5) Within ~fifteen (15) working days of receiving the state's comments, if any, or in any case no later than twenty-four (24) working days after forwarding the application to the State, the department-PlanninR Director shall forward copies of the completed application, the State's comments, and City staff's recommendation toth ' ' ' Concurrent Beach/Dune Committee. .(6) The application will be scheduled at the next available regularly scheduled ' ' Concurrent Beach/Dune Committee meeting (five (5) to ten (10) working days). (7) The f~Concurrent Beach/Dune Committee shall submit its recommendation on the application to the City Council. .~ Within twenty (20) to twenty-five (25) working days the City Council shall approve or deny the application for master planned development ordinance, unless additional information is requested by the City Council. (9) A flow chart of this application process is illustrated in Appendix IV. R32810A2.doc 6 (c) Within five (5) working days of the passa,qe of the ordinance, the ~ Plannin,q Director shall submit the approved ordinance to the General Land Office and the Attorney General's Office. The General L~nd Office and Attorney General's Office will approve or deny the master planned development within sixty (60) days of receipt of the ordinance. (d) When acting on a request for approval of a master planned development, the ~.,.-,,,,,,,~"~-~'";"'- ccmmlcclon Concurrent Beach/Dune Committee and the City Council will consider: (1) The development's potential effects on dunes, dune vegetation, public beach use and access, and the applicant's proposal to mitigate for such effects throughout the construction; (2) The contents of the plan; and (3) Whether any component of the development, such as installation of roads or utilities, or construction of structures seaward of a dune protection line, will subsequently require a permit or a certificate. (e) An individual permit and/or certificate is not required, for individual lots or parcels within approved master planned developments after adoption of master planned developments, provided the individual development complies with the adopted master planned development. (f) If the master planned development does not comply with the requirements of these regulations, the application shall not be approved. SECTION 5. Section 10-18, Code of Ordinances, is revised to read as follows: Sec. 10-18. Application process for beachfront construction certificates and concurrent dune protection permit/beachfront construction certificates. (a) Prior to submission of any '~ ....... ~'--~; ..... ,- .......... ,- ....... or beachfront construction certificate or concurrent dune protection permit/beachfront construction certificates application, the applicant is encouraged to confer with the Plannin.q Director's '~"~'~""~'"~..v~._, .,,,w,,. ~'~v, ~.,_....,..~"~"""~'~" .. ......... ~. ....... staff on an informal basis to discuss the proposed application and its conformity with the comprehensive plan, the dune protection and beach access plan, dune protection and beach access regulations, state law and regulations, and the proposed development's relationship to surrounding property, streets, existin,q drainage,.v=~,,= patterns, existing and proposed utilities, etc. (1) (b) In order to obtain a beachfront construction certificate, the applicant shall make beachfront construction certificate application, as outlined in Section 10-19(c) and Appendices V.A. and V.B, if If-the proposed construction (includin.q a dune walkover) and the followin.q three conditions are met: (1) Is seaward of the Beachfront Construction line. R32810A2,doc 7 (2) The City is not authorized to issue a Dune Protection Permit at the site of tho proposed construction. (3) The City is authorized to issue a Dune Protection Permit at the site of the proposed construction, but a dune protection permit is not required. !~ r.c! (2) (c) Potential applicants proposing construction seaward of the dune protection line may submit descriptions of proposed construction to the Planning D~rector v. ,. ......... ~ a~,~feve~,nf-as outlined in Appendix V.C. (1) If the potential applicant seeks to establish that no permit is required the description shall explain why. (2) The Planning Director ,-~ ,-"-,.,-; .... ,~ ,~ .... , .... v. ,. ......... ~ .......... ,......nt shall determine whether the construction requires a dune protection permit under these regulations or the Planning Director cf '-!~'-"; .... ,~ .~ .... , ..... + · · ,- ........ u .......... ,. ....... may refer the apphcatlon to the Concurrent Beach/Dune Committee for such determination. (3) Upon determination that a project does or does not require a dune protection permit or that the application has been forwarded to the Concurrent Beach/Dune Committee under these regulations, the Planning Director e~ develet~aemt-shall notify the potential applicant in writing of such action· The applicant shall also be notified in writing of the final action of the bea~a/duRe Committee. (3) (d) If subsections/~ ~.-.~/'~ / ,., .... ,.-/,b) and (c) above are not applicable, an fu!! application for a concurrent dune protection permitJbeachfront construction certificate, as outlined in Section 10-19(d) and Appendices V.D. and V.E, shall be submitted by the person proposing to conduct an activity for which a permit or certificate is required to the deffaCameRt Planning Director. ~^~;+h;.. *h.~.. /o~ ..... ~.;.....~ .... ,k.. ,4~...~__-+ ..... ..... "" ................. " ........ · ..... ,',' .................. ,- ................... tho o,.,~ ~..k~.~,,l~, +h~, C ......... + k......-.,..~,~ .... r.~,,~,,...~. ..... + ,... ^ .... i;....+;,..,. Ch-,?.!! k.. ............. " ............................ ', ....... , .............. ,- ........ Withh, R32810A2.doc 8 of this application process is illustrated in Appendix VD. (4) (e) Within three (3) working days of receipt of a beachfront construction certificate application or concurrent dune protection permitJbeachfmnt construction application, the Def)a,~me~Plannin.q Director shall review the application for completeness. ~ If an application is incomplete, the Plannin.q Director ef-P-lam:~will notify the applicant of the deficiencies and offer the applicant the opportunity to provide all required information and drawings. (2) An application for a permit or certificate shall be deemed to have been abandoned two (2) months from the date of filing for the permit, unless all required information and drawings are provided before then. ~..//~ ,/flAn application shall be considered complete when information requested by Planning Director has been provided. /~ (.q) Within ,3-five (5) days of determining that the application is complete the D~pa~mmt-Plannin,q Director shall forward the completed application and associated information to the General Land Office and the Attorney General's Office for review. (h) ~. / ......... ~ n ..... ~';"~' '~ .... cf .... ;";"" Upon receipt of the State's comments on a beachfront construction certificate application submitted under subsection (1) of this section, if any, or in any case not sooner than eleven (11) workin.q days after the beachfront construction certificate application was sent to the General Land Office and Attorney General's Office for review "~- ..,. ~. ..................... the nmn irector shal ........,, ,,.,_....'-.*,-,~ _~.,. ......... rewew the completed apphcabon, the State's comments cr, d. (1) The Plan nin.q Director may issue the beachfront construction certificate, if the Plannin.q Director determines that the proposed construction, other than a dune walkover (which is constructed under the dune walkover construction standards in the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast): a. Is not seaward of the Erosion Area Line, Erosion Area Restriction Line. R32810A2.doc 9 b. Is not located on an existin,q beach access or future beach access as shown in an element of the City's Comprehensive Plan, such as the Transportation Plan or an applicable area development plan. c. Does not functionally support or depend on, or otherwise relate to, proposed or existin.q structures that encroach on the public beach. d. Does not include a retainin.q wall or impervious surface (if the proposed construction is within 200 feet landward of the ve,qetation line). (2) However, the Plannin.q Director shall forward the application, the State',~ comments, and the City staff's recommendation to the Concurrent Beach/Dune Committee, if the Plannin.q Director finds that the proposed construction; a. May be seaward of the Erosion Area Line, Erosion Area Restriction Line. b. Ma,/be located on an existin,q beach access or future beach access as shown in an element of the City's Comprehensive Plan, such as th~ Transportation Plan or an applicable area development plan. c. May functionally support or depend on, or otherwise relate to a proposed or existin.q structures that encroach on the public beach. d. Includes a retaining wall or impervious surface and is within 200 feet landward of the ve.qetat on line. e. Includes a dune walkover which will not be constructed under the dune walkover construction standards in the Texas General Land Office's Dune. Protection and Improvement Manual for the Texas Gulf Coast): (i) Within 10 fifteen (15) working days of receiving the State's comments on an application for a concurrent dune protection permitJbeachfront construction certificato, if any, or in any case not sooner than eleven (11 ) working days after the full application was received by the General Land Office and Attorney General's Office for review nor later than twenty-four (24) working days after forwarding the application to the State, ~he [3epartrne~-Plannin.q Director shall forward copies of the completed full application for a concurrent dune protection permit/beachfront construction certificate, the State's comments, and City staff's recommendation to the Concurrent Beach/Dune Committee. ......... ~ ,~-, ............ ~ Upon receipt of the completed application, State's comments, and the staff's comments, the Concurrent Beach/Dune Committee shall approve or deny the application a concurrent dune protection permitJ13eachfront construction certificate or beachfront construction certificate, unless additional information is requested by the Committee. A flow chart of this application process is illustrated in Appendix V.__C. R32810A2.doc 10 (9)-(k) Within three (3). working days of the date the Plannin.q Director or Concurrent Beach/Dune Committee takes final action on an application, the ~Plannin,q Director shall notify the applicant whether the permit-er-concurrent dune protection permit/beachfront construction certificate or beachfront construction certificate was approved or denied and what conditions, if any, were required by the Committee. otice of public hearings for__.,vn .... .~'"*""*~"", v.vv.,..,, .m""~'~*°~,,,,,.v _,,_""'~ concurrent dune protection permits/beachfront construction certificates or beachfront construction ppli '~'"';~'~ ~ ...... '~ ....... ~*~' ~ 10 19 before the Concurrent certificates a cations su ................................. Beach/Dune Committee shall be given by sending written notice to all owners of property rendering the same for Nueces or Kleberg County taxes, whichever is appropriate, located within two hundred (200) feet, within not less than ten (10) days before any such hearing is held. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Post Office. SECTION 6. Section 10-19, Code of Ordinances, is revised to read as follows: Sec. 10-19. Contents of applications. (a) Application forms may be obtained from the Planning Director. (b) All of the required information shall be submitted with the application before the application is considered submitted for approval. Incomplete applications shall be returned to the applicant without action by the Planning Director or Concurrent Beach/Dune Committee. (c) For a beachfront construction certificate application under Section 10-18(b), the applicant shall submit five (5) copies of the beachfront construction certificate application. The beachfront construction certificate application shall consist of: (1) The name, address, phone number, and, if applicable, fax number of the applicant, and the name of the property owner, if different from the applicant; (2) A complete le,qal description of the tract and a statement of its size in acres or square feet; (3) A description of the proposed construction, includin,q the number of proposed structures and whether the structures are amenities or habitable structures; (4) Whether the proposed construction will include a dune walkover and whether the dune walkover will be constructed under the dune walkover construction standards in the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. (5) The hei,qht of the lowest habitable floor of the proposed structures and whether it is at or above the FEMA base flood elevation. (6) A scalable site plan that includes the followin,q: R32810A2.doc 11 a. Leqal description of the tract, includin,q, where applicable, the subdivision, block, and lot desi.qnations. b. Location of the property lines and a notation of the le.qal description of adioininq tracts. c. Location, footprint, and perimeter of the existin,q and proposed structures on the tract (the location, footprint, or perimeter of a proposed structure is not required for proposed structures located landward of th~, Dune Protection Line or Erosion Area Restriction Line, unless the structure will be built within the riRht-of-way or easement that supports a beach access way ). d. Location of proposed roadways and driveways on the tract (the location of proposed roadways and driveways is not required for proposed structures located landward of Dune Protection Line or Erosion Area Restriction Line). e. Location of any seawalls or any other erosion response structures on the tract or any seawalls or other erosion response structures within 200 feet of the tract, which are located on the properties adioinin.q the tract. f. Location of the Beachfront Construction Line, Dune Protection Line, Ve.qetation Line, Erosion Area Line or Erosion Area Restriction Line, mean hi.qh tide line, and mean Iow tide line. .q. Location of any existin.q beach access ways that are located either on the property or adiacent to the tract. h. Location of any future beach access waysI based on elements of the City's Comprehensive Plan, includinR the Transportation Plan or applicable area development plan, that are located either on the property or adjacent to the tract. i. Location of any existin.q or proposed dune walkovers on the tract. (d) For _.. ~,. v~, ....,,_..v,.,,v,.v.."""-*-' '~*;'-'-/~.,.. ~v ...... _..,,; -..,,..""'~" :ca!e). a concurrent dune protection permitJbeachfront construction certificate, the applicants shall submit ten (10) copies of the concurrent dune protection permitJbeachfront construction certificate application.~ll '~* .... '~ tc *" .... ~"~"* '"~*"'~"* "^*:"" ~" *"'~ ~'""~'~#~'~ The application shall consist of: (1) The name, address, phone number, and, if applicable, fax number of the applicant, and the name of the property owner, if different from the applicant; R32810A2.doc 12 (2) A complete legal description of the tract and a statement of its size in acres or square feet; (3) The number of proposed structures and whether the structures are amenities or habitable structures; (4) The number of parking spaces; (5) The approximate percentage of existing and finished open spaces (those areas completely free of structures); (6) The floor plan and elevation view of the structure proposed to be constructed or expanded; (7) The approximate duration of the construction; (8) A description (including location) of any existing or proposed walkways or dune walkovers on the tract; (9) A grading and layout plan identifying all existing and proposed structures and paved areas, all elevations (in reference to the National Oceanic and Atmospheric Administration datum), existing contours of the project area (including the location of dunes and swales), and proposed contours for the final grade; (10) Photographs of the site which clearly show the current location of the vegetation line and the existing dunes on the tract; (11) The effects of the proposed activity on the beach/dune system which cannot be avoided should the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of dune size and shape, and changes in dune hydrology; (12) A comprehensive mitigation plan which includes a detailed description of the methods which will be used to avoid, minimize, mitigate and/or compensate for any adverse effects on dunes or dune vegetation; and (13) An accurate map, site plan, or plat of the site identifying: a. The site by its legal description, including, where applicable, the subdivision, block, and lot; b. The location of the property lines and a notation of the legal description of adjoining tracts; c. The location of the structures, the footprint or perimeter of the proposed construction on the tract; R32810A2.doc 13 d. Proposed roadways and driveways and proposed landscaping activities on the tract; e. The location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract; f. If known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract; g. If development is proposed to be located seaward of the dune protection line, the erosion area line located on the grading and layout plan; and h. The location and extent of wetlands as requested by the City. (14) For all proposed construction (large- and small-scale), if applicant already has the following items and information, the applicant shall, in addition, submit a copy of a topo.qraph cai survey (two-foot contour intervals) of the site; (b) (e) For all proposed large-scale construction, the applicants for either a beachfront construction certificate or a concurrent dune protection permit/beachfront construction certificate shall submit the following additional items and information: (1) If the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, a certified copy of the recorded plat of the subdivision, or, if not a recorded subdivision, a preliminary plat of the subdivision certified by a licensed surveyor, and a statement of the total area of the subdivision in acres or square feet; (2) In the case of multiple-unit dwellings, the number of units proposed; (3) Alternatives to the proposed location of construction on the tract or to the proposed methods of construction which would cause fewer or no adverse effects on dunes and dune vegetation or less impairment of beach access; and (4) The proposed activity's impact on the natural drainage pattern of the site and the adjacent lots. (c) (f) For all proposed construction (large- and small-scale), if applicants for either a beachfront construction certificate or a concurrent dune protection permit/beachfront construction certificate already have the following items and information, the applicant shall, in addition, submit with the other information required above: R32810A2.doc 14 (3) The most recent local historical erosion rate data (as determined by the University of Texas at Austin, Bureau of Economic Geology) (usually located in the plc~ -~d d=v¢!cpme~~. Department) and the activity's potential impact on coastal erosion; and ,.,/A~ ,/2) A copy of the FEMA "elevation certificate." (d) (R) For all proposed construction (large- and small-scale), the department-el ~. ......... ~ .......... ~. ....... PlanmnR Director shall provide to the State the following information with applications for permits and certificates: (1) A copy of the community's most recent flood insurance rate map identifying the site of the proposed construction; (2) A preliminary determination as to whether the proposed construction complies with all aspects of the local government's dune protection and beach access regulations; (3) The activity's potential impact on the community's natural flood protection and protection from storm surge; and (4) How the proposed beachfront construction complies with and promotes the local government's beach access policies and requirements, particularly, the dune protection and beach access regulation's provisions relating to public beach ingress/egress, off-beach parking, and avoidance of reduction in the size of the public beach due to erosion. SECTION 7. Section 10-20, Code of Ordinances, is revised to read as follows: Sec. 10-20. State Agency Comments. Under {}61.015(c) Texas Natural Resources Code and 31TAC 15.3(s)(6)(A), the General Land Office and Attorney General's Office have 10 working days to comment on a proposed application before a local government is authorized to act on an application. The Dc~.--~.m.=~*. cf P!=,-.~i~; 3,",d D=vclc~.~..=~*. PlanninR Director shall forward the complete application, including any associated materials, to the General Land Office and the Attorney General's Office. The Concurrent Beach/Dune Committee may not act on the application sooner than 10 working days after receipt by the state agencies. Thereafter, the permit or certificate may be issued or denied regardless of whether the state agencies submit comments on the application. SECTION 8. Section 10-22, Code of Ordinances, is amended by revising subsections (a)(5) and (6), (d), and (e) and repealing subsections (f) - (I), to read as follows: R32810A2.doc 15 Sec. 10-22. Terms and Renewal of Permits/Certificates. (a) Permits or certificates shall be valid for the following periods: (5) Permits or certificates involving master planned development project, if the property on which the project will be constructed does not need to be platted and a building, electrical, gas, mechanical, or plumbing permit is not required under {}13-1 of the Code of Ordinances - ten years from the effective date of ordinance adoptin,q the master plan !s=-'-'=.-.c= cf (6) Permits or certificates involving large-scale construction project, if the property on which the project will be constructed needs to be platted or a building, electrical, gas, mechanical, or plumbing permit is required under §13-1 of the Code of Ordinances - te~-three years from the later of the date of issuance of the permit or certificate, the date of filing of the approved plat with the County Clerk, or the date of issuance of the first building, electrical, gas, mechanical, or plumbing permit by the Building Official. ........................ · .... ,' .................................................... o (2) R32810A2.doc 16 /~'~.., For the purposes of this section, a plat is required for property located with the extraterritorial jurisdiction of the City, if the property on which the project will be developed is a portion of a tract of land that has been subdivided since the tract was last platted or replatted, if the owner of the tract of land, at the time the property was subdivided was required to file a plat under an applicable State law. (-I-)-(e) For the purposes of this section, a plat is required for property located within the city limits, if the property on which the project will be developed is a portion of a tract of land that has been subdivided since the tract was last platted or replatted. SECTION 9. Section 10-23, Code of Ordinances, is revised to read as follows: Sec. 10-23. Termination of permits/certificates. (a) A permit or certificate is voidable if the Concurrent Beach/Dune Committee finds that: (1) The permit or certificate is inconsistent with state law, the beach/dune rules, this subchapter or the city's comprehensive plan at the time the permit or certificate was issued. (2) A material change occurs after the permit or certificate is issued; or (3) A permittee fails to disclose any material fact in the application. (b) "Material change" includes, in the opinion of the Concurrent Beach/Dune Committee, human or natural conditions which have adversely affected dunes, dune vegetation, or beach access and use that either did not exist at the time of the original application, or were not considered by the committee in making the permitting decision because the permittee did not provide information regarding the site condition in the original application. (c) A permit or certificate automatically terminates if construction comes to lie within the boundaries of the public beach by artificial means or by natural causes. (d) Every permit or certificate, which does not require the platting of property or issuance of a building, electrical, .qas, mechanical, or plumbing permit, becomes invalid if the work authorized by the permit or certificate is not commenced within two (2) months after the issuance of the permit or certificate. R32810A2.doc 17 (e) Except for a master planned development project, every permit or certificate, which requires the plattin~ of property or issuance of a buildin,q, electrical, .qas, mechanical, or plumbin,q permit, becomes invalid unless the plat, if required, is filed and any require, I buildinR, electrical, qas, mechanical, or plumbin.q permit obtained within six (6) month;; of the issuance of the permit or certificate. (f) Every permit or certificate for a master planned development project, which require..; the plattin~ of properly becomes invalid unless the plat is filed within six (6) months o1' approval of the permit or certificate. (.Cl) Except for a master planned development project, any permit or certificate becomes'; invalid if the work authorized by the permit or certificate is suspended or abandoned for a period of six (6) months after the time the work is commenced. (h) Any permit or certificate for a master planned development project becomes invalid ii' the work authorized by the permit or certificate is suspended or abandoned for a period of two (2) years after the time the work is commenced. SECTION 10. Section 10-24, Code of Ordinances, is revised to read as follows: Sec. '10-24. Administrative record. _v~. ............ ,. ......... u .......... ,.,....,'3t Plannln.q Director sha compile and maintain an administrative record which demonstrates the basis for each final decision regarding issuance or denial of a permit or certificate. The administrative record shall include copies of the following: (1) All materials received from the applicant as part of or regarding the permit or certificate application; (2) The transcripts, if any, or the minutes and/or tape of all meetings during which the permit or certificate was considered; and (3) All comments received regarding the permit or certificate. (b) The de~Plannin.q Director shall keep the administrative record for three (3) years from the date of a final decision on a permit or certificate. The de~ Plannin.q Director shall send to the General Land Office or the Attorney General's Office, upon request by either agency, a copy of those portions of the administrative record that were not originally sent to those agencies for review and comment. The ~ Plannin,q Director shall provide to the permittee upon request copies of any materials in the administrative record regarding the permit or certificate not submitted to the Department by the permittee in the application. R32810A2,doc 18 SECTION 11. Section 10-29, Code of Ordinances, is revised to read as follows: Sec. 10-29. Mitigation of other adverse effects. (a) The applicant bears the burden of proving no material weakening or damage of dunes. If the Concurrent Beach/Dune Committee finds that no material weakening of dunes or material damage to dunes will occur, as demonstrated by the applicant, the committee shall then determine whether any adverse effects will result from the activity. If the committee finds there will be adverse effects on dunes or dune vegetation seaward of the dune protection line or in critical dune areas, the committee may issue a permit only if the applicant demonstrates that adverse effects can be mitigated as required by the mitigation sequence. If the committee issues a permit, it shall include appropriate permit conditions incorporating the requirements of this article. (b) The mitigation sequence consists of the following requirements. (1) Avoidance. a. Avoidance means avoiding adverse effects altogether by not taking a certain action or parts of an action. A permit shall not be issued allowing any adverse effects on dunes or dune vegetation seaward of the Dune Protection Line unless the applicant proves there is no practicable alternative to the proposed activity, proposed site, or proposed methods for conducting the activity, and the activity will not materially weaken the dunes or dune vegetation. The permittee shall include information as to practicable alternatives in the permit application. b. To avoid adverse effects on dunes and dune vegetation seaward of the dune protection line as required by subsection (b)(1)a. of this subsection, permittees shall not: 1. Construct pipelines, except those that are exempt, seaward of the dune protection line unless there is no practicable alternative; 2. Engage in any construction unless it is located as far landward of dunes as practicable, except construction providing access to and from a public beach; 3. Construct any road parallel to the beach within two hundred (200) feet landward of the vegetation line, nor construct any other road parallel to the beach unless it is located as far landward of dunes as practicable; 4. Construct new artificial channels, including storm water runoff channels, unless there is no practicable alternative; or R32810A2.doc 19 5. Cause any such adverse effects for which the Concurrent Beach/Dune Committee determines there is a practicable alternative that would avoid such adverse effects. (2) Minimization. a. Minimization means minimizing effects on dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. Permittees shall minimize adverse impacts to dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. If the Concurrent Beach/Dune Committee determines that adverse effects on dunes or dune vegetation seaward of the dune protection line cannot be avoided, it may issue a permit allowing the proposed alteration, provided that the permit contains a condition requiring the permittee to minimize such adverse effects to the greatest extent practicable. b. To minimize unavoidable adverse effects as required by subsection (b)(2)a. of this section, permittees shall: 1. Locate non-exempt pipelines across previously disturbed areas, such as blowout areas, and minimize disturbance of dune surfaces where use of previously disturbed areas is not practicable; 2. Minimize construction and pedestrian traffic on or across dune areas to the greatest extent practicable, accounting for trends of dune movement and beach erosion in that area; 3. Route all pedestrian access to and from beaches through washover areas or over elevated walkways, and conspicuously mark all such access that is public with permanent signs so indicating; 4. Minimize the number of private access ways from any proposed subdivision, multiple dwelling, or commercial facility. In some cases, the minimum beach access may be only one (1) access way. In determining the appropriate grouping of access ways, the Concurrent Beach/Dune Committee shall consider the size and scope of the development; 5. Post signs in areas where pedestrian traffic is high explaining the functions of dunes and the importance of vegetation in preserving dunes; 6. Where practicable, provide vehicular access to and from beaches by using existing roads or from roads constructed in accordance with subsection (b)(1)b.3. of this section, unless public beach access is restricted, and where possible, improve existing R32810A2.doc 2O access roads with elevated berms near the beach that prevent channelization of floodwaters; 7. Where practicable, locate new beach access roads in washover areas, blowout areas or other areas where dune vegetation has already been disturbed, construct such roads along the natural land contours, and minimize their width; 8. Where practicable, locate new beach access roads at an oblique angle to the prevailing wind direction; 9. Prohibit persons from using or parking any motor vehicle on, through, or across dunes outside designated access ways; 10. Maximize use of natural or existing drainage patterns when providing for storm water runoff and retention; and 11. Locate and construct new artificial storm water runoff channels and retention basins so as to avoid erosion and unnecessary construction of additional channels and to direct all runoff inland and not to the Gulf of Mexico through dune areas. (3) Mitigation. a. Mitigation means repairing, rehabilitating, or restoring affected dunes and dune vegetation. Where adverse effects on dunes and dune vegetation can not be avoided or minimized, the Concurrent Beach/Dune Committee shall set appropriate permit conditions requiring that permittees repair, rehabilitate, or restore affected dunes to the same volume as the pro-existing dunes and dune vegetation so that affected dunes will be superior or equal to the pro-existing dunes in their ability to protect adjacent public and private property from potential flood damage, nuisance, and erosion and to protect natural resources. The committee shall consider the comments of the General Land Office, federal and state natural resource agencies, and dune vegetation experts in determining the appropriate mitigation method. b. Permittees may mitigate adverse effects on dunes using vegetative or mechanical means. Permittees shall: 1. Restore dunes to approximate the naturally formed dune position or location, contour, volume, elevation, vegetative cover, and sediment content in the aroa; 2. Allow for the natural dynamics and migration of dunes; 3. Use discontinuous or continuous temporary sand fences or a Concurrent Beach/Dune Committee approved method of dune R32810A2,doc 21 restoration, where appropriate, considering the characteristics of the site; and 4. Restore or repair dunes using indigenous vegetation that will achieve the same protective capability as or greater capability than the surrounding natural dunes. c. In authorizing or requiring restoration of dunes, the Concurrent Beach/Dune Committee shall give priority to stabilization of blowouts and breaches. Before permitting stabilization of washover areas, the committee shall: 1. Assess the overall impact of the project on the beach/dune system; 2. Consider any adverse effects on hydrology and drainage which will result from the project; and 3. Require that equal or better public beach access be provided to compensate for impairment of any public beach access previously provided by the washover area. (4) Compensation. a. Compensation means compensating for effects on dunes and dune vegetation by replacing or providing substitute dunes and dune vegetation. Compensation consists of replacement of the affected dunes or dune vegetation on the site where the dunes and dune vegetation were originally located. The Concurrent Beach/Dune Committee shall set appropriate permit conditions requiring permittees to compensate for all adverse effects on dunes and dune vegetation that can not be avoided, minimized, or otherwise mitigated. In setting appropriate conditions, the committee shall consider the recommendations of the General Land Office, federal and state natural resource agencies, and dune vegetation experts. Preference shall be given to stabilization of blowouts and breaches. b. Permittees shall follow the requirements of subsections (3)b.--c. and (4)e.3.--5. of this subsection when replacing dunes or dune vegetation. c. On-site compensation consists of replacement of the affected dunes or dune vegetation on the site where the dunes and dune vegetation were originally located. Permittees shall locate compensation efforts on the construction site, where practicable. d. A permittee may locate compensation efforts off the construction site if the permittee demonstrates that: R32810A2.doc 22 1. On-site compensation is not practicable; 2. The off-site compensation will be located as close to the construction site as practicable; 3. The off-site compensation has achieved a 1:1 ratio of proposed adverse effects on successful, completed, and stabilized restoration prior to beginning construction; and 4. The permittee has notified FEMA, Region 6, of the proposed off- site compensation. e. Permittees shall provide the following information when proposing off- site compensation: 1. The name, address, phone number, and fax number, if applicable, of the owner of the property where the off-site compensation will be located; 2. A legal description of property intended to be used for the proposed off-site compensation; 3. The source of the sand and dune vegetation to be used; 4. All information regarding permits and certificates issued for the restoration of dunes and dune vegetation on the compensation site; 5. All relevant information regarding the success, current status, and stabilization of the dune restoration efforts on the compensation site; 6. Any increase in potential flood damage to the site where the adverse effects on dunes and dune vegetation will occur and to the public and private property adjacent to that site; and 6=-.7. The proposed date of initiation ofthe compensation. f. Permittees shall compensate for adverse effects on dune vegetation by planting indigenous vegetation on the affected dunes. Permittees may not remove existing vegetation from property not owned by the permittee unless the permittee includes in the permit application written permission from the property owner. The permit application must identify the source of any sand and vegetation which will be used in compensation. g. Permittees shall begin compensation prior to or concurrently with the commencement of construction. If compensation is not to be completed prior to commencement of construction, the permittee shall provide proof of financial responsibility in an amount necessary to complete the R32810A2.doc 23 compensation, in the form of an irrevocable letter of credit, performance bond, or any other instrument acceptable to the city. h. Permittees shall not~fy the Department ... ,. ......... = .-.-.~ - .... ~ .... writing of the actual date of initiation within ten (10) working days after compensation is initiated. If the permittee fails to begin compensation on the date proposed in the application, the permittee shall state the reason for the delay. The Concurrent Beach/Dune Committee shall take this reason into account when determining whether a permittee has violated the compensation deadline. i. Permittees shall conduct compensation efforts continuously until the repaired, rehabilitated, and restored dunes and dune vegetation are equal or superior to the pre-existing dunes and dune vegetation. These efforts shall include preservation and maintenance pending completion of compensation. j. A compensation project is deemed complete when the position, contour, volume, elevation, and vegetative cover of the restored dunes are equal or superior to the pre-existing dunes and dune vegetation. ... ~. ......... ~ .......... ~. ....... Planmnq Director shall provide written notification to the General Land Office upon determining that the compensation is complete. If the ~Plannin.q Director does not receive an objection from the General Land Office regarding the completion of compensation within thirty (30) days after the General Land Office is notified in writing, the ~Plannin,q Director may certify to the permittee that the compensation is complete. I. The permittee shall be deemed to have failed to achieve compensation if a 1:1 ratio has not been achieved within three (3) years after the beginning of compensation efforts. SECTION 12. Section 10-36, Code of Ordinances, is revised to read as follows: Sec. 10-36. Required findings. Before issuing a certificate authorizing proposed construction, the Concurrent Beach/Dune Committee must find that the construction is consistent with these regulations. Construction is inconsistent with these regulations if it: (1) Reduces the size of the public beach in any manner, except for man-made vegetated mounds and dune walkovers constructed in compliance with the requirements of these regulations; (2) Closes any existing public beach access or public parking area, unless equivalent or better public access or public parking is established as required in section 10-37 of this article (dedication of equivalent or better access); R32810A2.doc 24 (3) Cumulatively, directly or indirectly impairs or adversely affects public use of or access to and from a public beach, including failure to comply with any requirements of article VI of these regulations (management of the public beach) unless equivalent or better public access or parking is established as required in section 10-37 of this article (dedication of equivalent or better access); or (4) Fails to comply with any requirements of article III of these regulations (requirements for dune protection permits) or article V of these regulations (concurrent requirements for dune protection permits and beachfront construction certificates). (5) Functionally supports or depends on or is otherwise related to proposed or existing structures that encroach on the public beach, regardless of whether the encroaching structure is on land that was previously landward of the public beach. This provision shall not be construed to prevent construction or reconstruction of structures or facilities landward of the concrete seawall nor those structures or facilities that are functionally dependent on the concrete seawall or are associated with the concrete seawall nor shall this provision be construed to prevent repair or maintenance of the concrete seawall. SECTION 13. Section 10-52, Code of Ordinances, is amended by repealing the note following subsection (a) and revising subsections (a), (c), and (f), to read as follows: Sec. 10-52. Designation of Access Ways, Parking Areas, and Beaches Closed to Motor Vehicles. (a) The following areas are designated as public vehicular access ways to and from the public beaches within the jurisdiction of the City of Corpus Christi. ~/hi~3f~eva~ · '. everal beach accessways are on property owned and operated as parks or nature areas h=v~ b~n d~d!c=t~d ~.c cr p"rch=~d by Nueces County or have been constructed on State or Federal lands. All beach accessways are located within the City of Corpus Christ~ cr Jr= c~m~.=rrJtcdal judsdJctJcn, except Beach Access Road #1, which is within the City of Port Aransas. (c) In accordance with .......... Texas Natural Resources Code § 61.022, the city may prohibit vehicular traffic on any portion or all of the public beach within its jurisdiction for public safety purposes. R32810A2.dec 25 # A chc'l ""-+~ .... +,. h~, ..,~.~, .... k;..,..~ The City has acquired acres of land adjoining and landward of the seawall for construction of a public parking lot for at least 300 parking spaces. SECTION 14. Section 10-55, Code of Ordinances, is revised to read as follows: Sec. 10-55. Post-storm assessmenL The Concurrent Beach/Dune Committee shall assess the status of the public beach boundary within thirty (30) days after a major storm or other event causing significant landward migration of the public beach. After the assessment, the committee shall inform the City Council, General Land Office and the Attorney General's Office of any encroachments on the public beach within ten (10) days of completing the assessment. SECTION 15. Section 10-56, Code of Ordinances, is amended by deleting subsection (c). Sec. 10-56. Beach closures. · ~ ..................... · ................. ~. ....... ~ ............. hC!d cn .......... hu SECTION 16. Section 10-59, Code of Ordinances, is amended by adding subsections (d) and (e), to read as follows: Sec. 10-59. Animal control. (d) The City Manager, or the City Manager's designee, is authorized to prohibit all animals on portions of the beach during specified periods, including, but not limited to, high use periods, such as during Spring Break, holiday weekends, and special events, and in areas designated as animal free zones. (e) The City Manager, or the City Manager's designee, is authorized to prohibit animals, which are not on a leash, on portions of the beach during high use periods, such ax during Spring Break, holiday weekends, and special events. R32810A2.doc 26 SECTION 17. Section 10-60, Code of Ordinances, is revised to read as follows: Sec. 10-60. Monitoring. The Concurrent Beach/Dune Committee or the General Land Office may require a permittee to conduct or pay for a monitoring program to study the effects on the public beach of the permittee's coastal and shore protection project. The permittee shall notify the General Land Office and the Department cf pla~i~ a~ ...cvclcpmc,~t of any discernible change in the erosion rate caused by the project. SECTION t8. Section 10-61, Code of Ordinances, is amended by revising the introductory clause to read as follows: Sec. 10-61. Beach nourishment standards. A beach nourishment project shall not be authorized unless the Concurrent Beach/Dune Committee finds and the project sponsor demonstrates that: SECTION 19. Section 10-62, Code of Ordinances, is amended by revising the introductory clause to read as follows: Sec. 10-62. Dune restoration standards. Except as otherwise expressly provided in these regulations, the restoration of dunes on a public beach shall not be authorized unless the Concurrent Beach/Dune Committee finds and the project sponsor demonstrates that the following requirements are met. SECTION 20. Section 10-63, Code of Ordinances, is amended by revising subsection (a) to read as follows: Sec. 10-63. Dune walkovers. (a) Construction of dune walkovers or other beach access mechanisms which extend out onto the public beach shall not be authorized unless the Concurrent Beach/Dune Committee finds and the project sponsor demonstrates that the following requirements are met. R32810A2.doc 27 SECTION 21. Article VI of Chapter 10, Code of Ordinances, is amended by adding Section 10-66 read as follows: Sec. 10-66.~ Vessel operating from Gulf beaches restricted_ (a) No person may operate a vessel, includin.q, but not limited to a motorboat, sailboat, personal watercraft, kayak, windsurf board, or kite-surf board, on the Gulf of Mexico', landward of the outer most line of breakin.q waves, within 50 feet of any other vessel, person, stationary platform or other obiect, except at headway speed; (b) No person may operate a vessel on the Gulf of Mexico within 1,000 feet of thn shoreline or landward of the outer most line of breakin.q waves, that is towin.q a person or persons on water skis, surfboards, or similar devices and no person while beinq towed may en~aae in water-skiinq, surfboardin.q, or similar activity that endanqers th,'; life or property of any person. ' (c) No person may operate a personal watercraft from a beach on the Gulf of Mexico in the followin.q manner or under the followin.q circumstances: (1) Unless each person ridinq on or towed behind the vessel is wearin.q a U.S. Coast Guard approved Type I, II, III, or V personal flotation device. (2) If the vessel is equipped by the manufacturer with a lanyard type en.q ne cutoff switch, unless such lanyard is attached to the person, clothin.q, or personal flotation device of the operator as appropriate for the vessel involved. (d) The owner of a personal watercraft may not permit a person under 18 years of a,qo to operate the personal watercraft in a manner prohibited by this section. (e) No person may operate a motorboat of over 15 horsepower or a personal watercrai'l. from a Gulf of Mexico beach unless the person is at least 16 years old, unless: (1) The operator Is accompanied by a person who is at least 18 years old; or (2) The operator Is at least 13 years old and has successfully passed a boatin.q sa;'~.¥ course prescribed and approved by the Texas Parks and Wildlife Department. SECTION 22. Section 10-68, Code of Ordinances, is revised to read as follows: Sec. 10-68. Gulf of Mexico beach vendors--Special regulations. (a) No permit cbc!! may be issued to any vendor to operate hi," the vendor's business~ and no vendor ...... may vend, on any beach within the City along the Gulf of Mexico shoreline or on the seawall except cs fc!!c'::c: under the special regulations in this section. R32810A2.doc 28 (b) Vendors shall be permitted to operate upon the Gulf beaches in the City or on the seawall fronting on the Gulf of Mexico, subject to the following restrictions and regulations ;,' ~-~,~*~,-,- tc 38: (1) The Director of Parks and Recreation may establish designated fixed vendor sites fcr on Gulf beaches within the City and upon the seawall frontin,q on the Gulf of Mexico, taking into account the following factors: a. Primary historical -"'~ use ....u=erc of the beach and the individuals who normally use the beach at the specific location. b. Pedestrian and vehicle traffic flows and congestion. c. Availability of parking facilities. d. Availability and location of permanent City contractual concessions and other permanent facilities in the immediate vicinity. (2) The designated fixed vendor sites shall may be assigned in conjunction with the issuance of any vendor permit, under th~s ....... section and Article I of Chapter 38, to operate upon a Gulf beach or on the seawall. a. Vendor sites may not be "reserved" in advance of permit issuance. RiRety-day~. No vendor assigned to a designated fixed vendor site chcll may vend in or at any other location on the Gulf beach or seawall, ex~,ept unless the vendor has a permit for the~.w.~.~oo~'~-~'~.~,, additional fixed vending site. (3) Designated fixed vendor sites chcll may be limited in size and number in accordance with the considerations established in ~' '~- ........ h /4 ~ ~,~ *h;. ~--.--~.--~-.. subdivision (1) of this subsection. se6tieR Vendor permits for vending sites located within any area that has been leased by the City from the State of Texas require the approval of the Texas General Land Office. ~m~t$,J~ An applicant for a vendor permit for vending sites located on portions of the Gulf beaches, other than an area that is owned or leased by the City, where the littoral owner has a property interest in the beach, must submit R32810A2.doc 29 proof that the littoral owner has authorized the use of their portion of the public beach for the vendor's proposed commercial activity. (6) The Director of Parks and Recreation may adjust permit len,qths and temporarily relocate desiRnated fixed vendor sites on Gulf beaches as necessary durin.q construction work related to the North Padre Island Storm Dama.qe Reduction and Environmental Enhancement Project and durin.q any beach nourishment operations. (7) The Director of Parks and Recreation may temporarily relocate desi.qnated fixed vendor sites on Gulf beaches as necessary durin.q beach festivals, if the desi,qnated fixed vendor sites will interfere with the routinq or control of vehicle traffic. (8) The followin,q types of vendinR activities may be permitted at the desi,qnated fixed vendin.q sites: a. Bait and tackle sales. b. Food and beveraqe sales. c. Sale or rental of beach amenities, such as suntan lotion, towels, t-shirts, children's beach toys, umbrellas, beach chairs, and surfboards. d. Vessel rentals. (9) Vendors may not in any manner restrict the public from free access to and use of the public beach and to the waters of the Gulf of Mexico, as required by the Texas Open Beaches Act. While a vendor has the exclusive ri.qht to conduct business at a desi.qnated fixed vendin.q site, the vendor must recoqnize and not interfere with the ri.qhts of beach users to brinR to and use their own personal property and equipment on the public beach, includin.q, but not limited to, umbrellas and chairs, reRardless of whether the personal property or equipment consists of items sold or rented by the vendor. (10) Notwithstandin,q subdivision (9) of this subsection, a vendor who has a permit to lease vessels, includin.q personal watercraft, sailboats, windsurf boards, and kite sail boards, at a desi,qnated vessel launchin,q and recovery site shall: a. Clearly mark the boundary of the vessel launchin,q and recovery area with fia,qs on the shoreline and buoys in the water. b. Place the last set of buoys beyond the outermost breakin,q waves and use a buoy color that contrasts with other buoys used to mark the area. c. Instruct any person who rents a vessel from the vendor on the proper procedures to use when leavin.q and returnin.q from the beach. R32810A2.doc 30 d. Instruct any person who rents a vessel from the vendor on the re.qulations in Section 10-66. (11) Vendors, who lease vessels, may not in any manner restrict free access to the public beach and to the waters of the Gulf of Mexico by other vessel owners and operators. While a vendor has the exclusive dght to lease vessels at a vessel launchinq and recovery site, the vendor must recognize and not interfere with the rights of other vessels owners and operators to launch and recover vessels at the site. (12) Except when a vessel is leavin,q or returnin.q to the beach, a vendor, who lease vessels, may not in any manner restrict free access to the public beach and to the waters of the Gulf of Mexico by swimmers or others usin,q the public beach. The vendor may direct individuals who are in the water within the vessel launchinf:l and recovery site to leave the site when a vessel is leavin.q or returnin,q to the beach. (13) Vendors may not service or fuel vehicles or vessels on the beach or in the Gulf waters, unless the vendor has a vehicle or vessel servicing plan that is approved by the Director, Parks & Recreation, that will ensure that no fuels or lubricants will be spilled on the sand or Gulf waters. (14) No fixed site vendor or vendin.q unit shall restrict, obstruct, or interfere with vehicles operatin.q on a Gulf beach. (15) No vendor or vending unit shall obstruct the roadway portion of the beach, which portion shall for purposes of this section be deemed a street. (16) Fixed site vendors and vending units must be at least ten (10) feet from the roadway portion of the beach while conducting business. (17) Vendors may only vend from sunrise to sunset. (18) Vendors must remove all equipment, vehicles, and temporary structures from the beach at the end of each business day. (19) Vendors must remove or relocate their equipment, vehicles, and temporary structures upon request and may not interfere otherwise with beach cleanin.q operations, (20) Vendors must take the followin,q actions to control litter that may be created from their operations includin,q the followin.q: a. The vendor shall provide at least one trash receptacle at the desi.qnated fixed vendin.q site, which must be removed from the beach by the vendor within thirty (30) minutes after the vendor has ceased vendin,q activities at the end of each business da,/. R32810A2.doc 31 b. The vendor shall clean the desi.qnated fixed vending site, remove all litter from the site and any litter that may have blown from the site, and place all litter collected in a trash receptacle that is removed from the beach within thirty (30) minutes after the vendor has ceased vending activities at the end of each business day. c. The vendor shall clean the designated fixed vending site, remove all litter from the site and any litter that may have blown from the site, and place all litter collected in a trash receptacle at least every two hours during the business day. d. It is the duty of the vendor to prevent any litter on the designated fixed vendin,q site and to keep litter from bein,q blown upon or being permitted to come to rest upon other parts of the beach or any private property in the city. e. Any material that is illegally dumped next to the vendor's trash receptacles must be removed from the beach by the vendor. f. All lifter and other waste collected by the vendor or placed in the vendor's trash receptacles must be properly disposed of. g. When notified by a City code enforcement official that the overflows from any trash receptacle presents a health or safety hazard, the vendor shall immediately clean up the location, install additional trash receptacles, or arrange for more frequent removal of wastes from the beach. (c) No permit shall be issued to any mobile vendor to operate the vendor's business and no vendor shall vend upon or from any vehicle on a Gulf'beach except subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this section: (1) Mobile vending units shall be street-approved motor vehicles duly licensed for operation upon public streets and roadways in accordance with the regulations of the Texas Department of Public Safety and Texas Department of Motor Vehicles. (2) Mobile vending units shall be permitted to travel upon the roadway portions of public beaches. /,2)/,3) Vending units must remain mobile, unless the mobile vending unit is stopped to complete a sale. (4) Vending from a moving vehicle is prohibited. (3) 5~_No mobile vendor or vending unit sba!! may restrict, obstruct, or interfere with other vehicles operating on a Gulf beach. R32810A2,doc 32 (6) NO mobile vending unit shall stop to vend in or otherwise obstruct the roadway portion of the beach, which portion shall for purposes of this section be deemed a street. (7) Mobile vending units shall stop at least ten (10) feet from the roadway portion of the beach for conducting business. (4-)-(8) Vending shall be conducted from sunrise to sunset. (5) (9) No mobile vendor shall vend or stop, stand or park his vehicle within seventy-five (75) feet of any beach access road right-of-way lines as projected to the Gulf of Mexico. (10) Mobile vending units: a. Shall be equipped with a caution sign that can be extended horizontally from the left side of the vehicle with letters not less than six (6) inches in height spelling out the word CAUTION or SLOW. b. Shall be f-"~hc,~ oquipped with caution signs on the front and back alerting oncoming motorists that children may be crossing near the vehicle. (11) The extendable caution arm on a mobile vending unit must be extended whenever the unit is stopped for vending. (12) All equipment installed in or on any vending vehicle shall be secured so as to prevent movement during transit and detachment in the event of a collision or sudden movement or stop. Loose utensils shall be securely stored whenever the vehicle is moving. /,7) ,/12) No mobile vendor shall use any outcry, sound amplification device, or other instrument which can be heard for a distance greater than five hundred (500) feet to attract attention for vending nor shall any outcry, sound amplification device or other instrument for attracting attention be used in any place or at any time when vending is prohibited by this section. ~8) (13) Vending vehicles shall not exceed fifteen (15) miles per hour on a Gulf beach while engaged in seeking customers. (9-)-(14) Mobile vendors shall yield the right-of-way to all other types of traffic. (15) Mobile vendin.q units may not vend within an area desi,qnated as a fixed vendin.q site if the vendor offers any items similar to the items sold or rented by the permitted fixed site vendor. (16) Mobile vendors on Gulf beaches may only sell: R32810A2.doc 33 a. Bait and tackle sales. b. Food and bevera.qe sales. c. Sale beach amenities, such as suntan lotion, towels, t-shirts, and children's beach toys. (17) Mobile vendors may not service or fuel vehicles on the beach. (d) In addition to the restrictions and re.qulations in this section, vendors must comply with any additional rules and restrictions imposed upon vendors by Article I of Chapter 38. SECTION 23. Section 10-77, Code of Ordinances, is amended by revising subsection (f) to read as follows: Sec. '10-77. Pedestrian Safe Areas. (f) No pedestrian safe area may be implemented until the location and perimeter design has been submitted to the Texas General Land Office and Texas Attorney General, and approved by the Texas General Land Office. SECTION 24. Section 10-86, Code of Ordinances, is amended by revising subsection (a)(1)) to read as follows: Sec. 10-86. Beach User Fees. (a) In order to establish and maintain beach-related services and facilities for the preservation and enhancement of access to and from and safe and healthy use of public beaches by the public, the following beach user fees are established: (1) Beach Parking Permit. The City Manager shall prepare a fee schedule of beach parking permits. This schedule shall be submitted to the City Council on an annual basis during the preparation of the City's annual operating budget. S'-'c~ The fees must recover, to the extent possible, the City's costs of providing beach-related services, as defined in Section 10-87.B. The parking permit fee schedule shall be filed with the City Secretary, and copies shall be provided to the City Council. Any change in beach user fees shall not go into effect until submitted to the Texas General Land Office and Texas Attorney General, and approved by the General Land Office under §15.8(e) of Title 31 of the Texas Administrative Code. SECTION 25. Section 10-88, Code of Ordinances, is amended by revising subsection (a), deleting subsection (b), redesignating subsection (c) as subsection (b), and revising the redesignated subsection (b) to read as follows: R32810A2.doc 34 Sec. 10-88. Indirect Costs and Accounting. (a) No more than 10% of beach user fee revenues shall be expended on reasonable i¢~r~t-administrative costs related to beach-related services, including costs authorized in Section 10-87.C.1 and 2. /"~,v, _..vv~.." .... * _v ....... ,-.v..___;'~"'~ ;"... !n addition to any requirements in the Interlocal Agreements (see Appendix VIII for copies of current interlocal agreements) between the City of Port Aransas, Nueces County, Kleberg County and the City of Corpus Christi regarding beach user fees, the Director of Financial Services shall send quarterly reports to the General Land Office. The reports shall state the amount of beach user fee revenues collected and itemizing how beach user fee revenues are expended. Beach user fee revenues shall be maintained and accounted for so that fee collections may be directly traced to expenditures on beach-related services. Beach user fee revenues shall not be commingled with any other funds and shall be maintained in special accounts. Beach user fee revenue expenditures shall be documented in a separate financial statement for each different beach user fee. Beach user fee revenue account balances and expenditures shall be documented according to generally accepted accounting principles. SECTION 26. Section 10-113, Code of Ordinances, is amended by revising subsection (b) to read as follows: Sec. 10-113. Application for permit-Filing; contents; fee. (b) The application must be filed at least ...... , (30) forty-five (45) days before the day the beach festival is to begin. SECTION 27. Section 10-114, Code of Ordinances, is amended by revising paragraphs (9) and (11) to read as follows: Sec. 10-t14. Health, sanitation, and fire control requirements. In any application for a permit, in addition to the matters set out in section 10-113, the promoter applying for a permit must agree in the application to provide and maintain the following relating to health, sanitation, fire, security, and crowd and traffic control as determined by the Director, Fire Marshall, City Health Officer, or Police Chief, for the duration of the beach festival: R32810A2.doc 35 (9) Adequate provision for traffic control, before, during, and after the event as determined by the Police Chief, or the Chief's designee. ' ' , (11) Adeq~k3te-The applicant must provide procedures and safe.quards to keep people attending the beach festival from damaging the dunes and dune ve.qetation. SECTION 28. Section 10-115, Code of Ordinances, is amended by revising paragraphs (4) and (9) and adding a new paragraph (11) to read as follows: Sec. 10-115. Agreement as to use of public beach. In any application for a permit to conduct a beach festival on any public beach, in addition to the matters contained in sections 10-113 and 10-114, the promoter shall agree to the further conditions and stipulations as follows: (4) To provide a bond, or other similar monetary guarantee, in the amount of twenty-five thousand dollars ($25,000) made payable to the city, subject to approval by the City Attorney, to guarantee that any temporary or portable buildinas, structures, or improvements placed on such festival site are removed and to further guarantee that garbage, trash, debris and refuse will be properly disposed of and to guarantee that the festival site used by the promoter for conducting the beach festival shall be restored to its former condition. (9) That the promoter shall affirm and demonstrate =hc'.'.' ~,hat the festival site is accessible from existing beach access roads and that the festival will not block or unduly interfere with beach access roads or the-normal beach traffic or interfere with normal beach use by those not participating in the festival. (11) That the promoter shall a.qree to reimburse the City for any costs incurred by the City, includinR, but not limited to traffic control, extra patrol officers for crowd control, solid waste collection, litter control, and special si.qna.qe required for the beach festival, as determined by the City Mana.qer, or the City Mana.qer's desi.qnee. R32810A2.doc 36 SECTION 29. Section 10-116, Code of Ordinances, is amended by adding a new subsection (c) to read as follows: Sec. 10-tt6. Review and processing of applications. (c) Within 3 days of determinin,q that the application is complete the Director shall forward the completed application and associated information to the General Land Office and the Attorney General's Office for review. The Director shall consider th~, State's comments, if any, if received at or before the public hearinR held under Section 10-117. SECTION 30. Section 10-118, Code of Ordinances, is amended by redesignating paragraphs (6) and (7) as paragraphs (8) and (9) and adding new paragraphs (6) and 97) to read as follows: Sec. I0-118. Denial of permit; grounds. (a) A permit for a beach festival may be denied to an applicant by the City Council where the Council, based on substantial evidence, finds as follows: (6) That the beach festival will restrict beach access to or use of the public beach; (7) That the beach festival will adversely affect or threaten dunes or dun~. ve.qetation; (8) That the crowd control preparations specified in the application are insufficient to limit the number of persons in attendance to the maximum number stated in the application; or (7) (9) That the promoter does not have adequate agreements with performers to ensure with reasonable certainty that the persons advertised to perform will, in fact, appear. SECTION 31. This ordinance goes into effect upon approval of these amendments to the Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by the General Land Office under {}15.8(e) of Title 31 of the Texas Administrative Code. SECTION 32. If for any roason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the R32810A2.doc 37 definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 33. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1-6 of the City Code of Ordinances. SECTION 34. 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. This ordinance shall be effective upon approval of the Texas General Land Office and publication. R32810A2.doc Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2003 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly PASSED AND APPROVED, this the A'FI'EST: Rex A. Kinnison John Longoria Jesse Noyola Mark Scoff __day of ,2003. Armando Chapa Ci~ Secretary APPROVED: 3rd day of Apdl, 2003: Samuel L. Neal, Jr. Mayor By: R..,J~/R~'ning / Acting Oity Attorr~ey R32810A2.doc AN ORDINANCE AMENDING ORDINANCE NO. 022164, WHICH ADOPTED THE CITY OF CORPUS CHRISTI, TEXAS DUNE PROTECTION AND BEACH ACCESS REGULATIONS, BY REVISING THE TITLES OF APPENDICES V, VIII, AND Xl, BY REVISING THE APPLICATION PROCESS FLOW CHARTS IN APPENDICES IV AND V, AND BY ADDING APPLICATION FORMS FOR BEACHFRONT CONSTRUCTION CERTIFICATES AND CONCURRENT DUNE PROTECTION PERMITS/ BEACHFRONT CONSTRUCTION CERTIFICATES TO APPENDIX V, AND BY ADDING A COPY OF THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, CITY PORT ARANSAS, AND COUNTY OF NUECES RELATING TO THE MUSTANG AND NORTH PADRE ISLAND BEACH PARKING PERMIT SYSTEM AS APPENDIX VIII; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION 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 list of appendices in the table of contents of the Corpus Christi, Texas, Dune Protection and Beach Access Regulations, as adopted by Ordinance 022164, on February 28, 1995, and the list of appendices following the text of the sections of Chapter 10, Code of Ordinances, is amended by revising the titles of Appendices V, VIII, and XI, at each place the title appears, to read as follows: "APPENDICES Appendix V Flc'.:' Ch=.-t fo.' Ap~.llc=t.=cn Prcc=== fcr D::nc Prctcct~c:= P"-"'~t cr -=c=chfrcn*. Ccn=*..-'_'ct!cn Cc.'t!ftc=to Flow Charts and Application Forms for Beachfront Construction Certificates and Concurrent Dune Protection PermitslBeachfront Construction Certificates Appendix VIII Interlocal Agreement with in the City of Port Aransas and Nueces County relating to the Mustang and North Padre Islands Beach Parking Permit System-~ R32810B2.doc 2 Appendix Xl 31 TAC Chapter 31 1_~_5 (Coastal Area Planning) SECTION 2. That Appendices IV, V, and VIII of the Corpus Christi, Texas, Dune Protection and Beach Access Regulations, as adopted by Ordinance 022164 on February 28, 1995, are amended by substituting the revised Appendices IV, V, and VIII, which are attached to and incorporated into this ordinance as Attachments A, B, and C. SECTION 3. This ordinance goes into effect upon approval of these amendments to the Corpus Christi, Texas, Dune Protection and Beach Access Regulations, by the General Land Office under §15.8(e) of Title 31 of the Texas Administrative Code. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. R32810B2.doc Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly That the foregoing ordinance was read for the first time and passed to its second reading on this the day of ,2003, by the following vote: Rex A. Kinnison John Longoria Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the __ day of ,2003 by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly PASSED AND APPROVED, this the A'FI'EST: Rex A. Kinnison John Longoria Jesse Noyola Mark Scoff day of ,2003. Armando Chapa Ci~ Secmtary APPROVED: 3rd day of April, 2003: By: R. J~in~ Actihg City Attorrtey Samuel L. Neal, Jr. Mayor 3 R32810B2.doc APPENDIX IV FLOW CHART OF APPLICATION PROCESS FOR MASTER PLANNED DEVELOPMENTS NOTE: Master Plans are typically used for projects requirinq more than two or three ,/ears to build out. If al~Droved, Mas;.=r Plans eliminate the need to separate dune protection permits and beachfront construction certificates for lots covered b,/the Master Plan. Master Plans are valid for 10 yea[,,; from the effective date of the ordinance that adopts the Master Plan. I Pre-submission · Conference I Full application submitted to 'he Director.I The Director determines if application complete. 20 workino davs The Director: 1. Makes Prelimina~j Deten'nination; 2. Schedules Beach/Dune Committee meeting; 3. Notification to surrounding property owners within 200'; and 4. Forwards the application and determination to the General Land Office and Office of Attorney General. 3 - 10 working days IThe Director receives GLO/OAG comments, if any. 10 - 15 working days The Director forwards to Beach / Dune Committee 1. Complete Application; 2. City Staff Recommendation; and 3. State agency comments if any. Beach/Dune Committee makes a recommendation. I - 21 working days City Council takes action on ordinance. Ordinance submitted to GLO/OAG for approval. 20-25 working days GLO/OAG publishes the ordinance first, then certification in the Texas Register. 90 - 120 working days Application Incomplete R32810B1ApplV.doc Approval Process 7 to 10 months, If approved, Master Plan becomes an amendment of State Beach/Dune rules, which must be published twice in Texas Register. ATTACHMENT A IV- 1 APPENDIX V CONSTRUCTION CERTIFICATES AND CONCURRENT DUNE PROTECTION PERMITS / BEACHFRONT CONSTRUCTION CERTIFICATES R32810B1AppV.dcc ATTACHMENT B V - 1 APPENDIX V.A. BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION PROCES~ Note: If approved, beachfront construction certificates may be granted for up to 3 years, with two 90- day renewals. Application Incomplete b Pre-submissionConference I Full application submitted to the Director. lhe Director determines if application is complete. 3 workina days Director determines if proposed construction: 1. Is not seaward of the erosion area line or erosion area restriction line? 2. Is not located on an exist ng or future beach access? 3. Does not functionally supped o,' depend on proposed or existing structures that encroach on the public beach? 4. Does not include a retaining wall or impervious sudace within 200 feet of the vegetation line? 5 workina days to answer Questions 1 thru 4 If I thru 4areYES Submit application and preliminary determination to GLO/OAG 10 workino days Director issues Certificate Copy to GLO/OAG Approval Process 23 to 71 Working Days IIf 1 thru4 are NO Submit application and preliminary determination to GLO/OAG 10 workino days Notice to surrounding property owners 1t to 24 workino days Committee issues / denies certificate. 15-29 workina days R32810B1AppV.doc V- 2 Applicant's name: APPENDIX V.B. BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION FORM BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION (BCCA) Applicant's address: City:. State: ZIP: Applicant's phone number: Property Owner's name: Fax number: Property Owner's address: City: Property Owner's phone number: Legal description of the tract: State: ZIP: Fax number: Size of tract in acres or square feet: Description of the proposed construction, including the number of proposed structures and whether the structures are amenities or habitable structures: Does the proposed construction include a dune walkover? __ Yes --. No Will the proposed dune walkover be constructed under the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast? __ Yes __ No FEMA Standards: The lowest habitable floor of the proposed structure(s) is feet, which is at or above the FEMA base flood elevation for the area. I certify that the information provided is correct and accurate. Applicant Date Property Owner Date Engineer/Surveyor Date License #: See reverse for site plan requirements. R32810B1AppV.dcc V- 3 Attach a scalable site plan, which includes the following: Legal description of the tract, including, where applicable, the subdivision, block, and lot. · Location of the property lines and a notation of the legal description of adjoining tracts. · Location, footprint, and perimeter of the existing and proposed structures on the tract (the location, footprint, or perimeter of a proposed structure is not required for proposed structures located landward of the Dune Protection Line or Erosion Area Restriction Line). · Location of proposed roadways and driveways on the tract (the location of proposed roadways and driveways is not required for proposed structures located landward of Dune Protection Line or Erosion Area Restriction Line). · Location of any seawalls or any other erosion response structures on the tract and on the properties adjacent to the tract. · Location of the Beachfront Construction Line, Dune Protection Line, Vegetation Line, Erosion Area Line or Erosion Area Restriction Line, mean high tide line, and mean Iow tide line. · Location of any existing beach access ways that are located either on the property or adjacent to the tract. ~ Location of any future beach access ways, based on elements of the City's Comprehensive Plan, including the Transportation Plan or applicable area development plan, that are located either on the property or adjacent to the tract. · Location of any existing or proposed dune walkovers on the tract. If the applicant has the requested information, attach copies of the following information: · A copy of the FEMA "elevation certificate. · The most recent local historical erosion rate data as determined by the University of Texas at Austin, Bureau of Economic Geology. Describe whether the proposed construction will impact coastal erosion. The proposed construction will not impact coastal erosion. The proposed construction will have the following impacts on coastal erosion: R32810BIAppV.doc V-4 BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION Large Scale Construction Addendum (BCCA-LSCA) If the proposed construction qualifies as large-scale construction, provide the following information: If a multiple-unit dwelling will be constructed, how many units will be in the dwelling? Have any alternatives been considered that would cause fewer or no adverse effects on dunes or dune vegetation? Yes No If no, why were no alternatives considered? No alternatives are necessary, since proposed construction will not impact dunes or dune vegetation, The only impacts will be from dune walkover(s) constructed under the dune walkover construction standards in the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. Because If yes, what alternatives were considered? How will the proposed construction impact on natural drainage patterns on the site and on adjacent lots? There will be no impact on natural drainage patterns. Drainage will be improved by the construction of If the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, attach a certified copy of the plat, or if the subdivision has not been platted a preliminary plat. if the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, what is the total area of the subdivision in acres or square feet? R32810B1AppV.doc V- 5 APPENDIX V.C. PRELIMINARY DETERMINATION IF DUNE pROTECTION PERMIT REQUIRED Pre-submission Confemnca IApplicant submits description of proposed construction · Director deteffnines ~f proposed construction: 1 Is landward of the Dune Protecfien Line ,No 2. Is an exempted use? .o 3. Is a prohibited use? No Adversely affects critical dunes or dune vegetation? 5 working days to answer Questions 1 - 4 Permit not required. Letter of findings to GLO / OAG. Yes Applicant required to submit Application for concurrent dune protection permit and beachfront construction certificate Appendix V.D.  P ermit not required. required. Yes ~ J -----I~ Use not permitted. J I I Letter of findings to GLO/OAG. Questionable Beach / Dune Committee determines if it adversely affects critical dunes or dune vegetation 6 - 1ldavs I If yes, permit 14 · If no, permit not required. I required. Letter of findings to GLO / OAG. I AD~roval Process 5 to 20 Workin(~ Days ...J R32810B1AppV.doc V- 6 APPENDIX V.D. CONCURRENT DUNE PROTECTION PERMIT I BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION PROCESS NOTE: If approved, concurrent dune protection permits/beachfront construction certificates may be granted for up to 3 years, with two 90-day renewals. Proposed Construction requires concurrent application as described within Regulations. Concurrent application submitted to I Director Director determines application complete. 3 workina days Director forwards to General Land Office and Office of Attorney General: 1. Completed application; and 2. Preliminary deten~ination. 5 workinq days Application Incomplete Notice to Property Owners within 200 Feet Director receives GLO/OAG comments, if any. fO workino days Director forwards to Beach / Dune Committee 1. Complete Application; 2. City Staff Recommendation; and 3. State agency comments, if any. 15- 24 workin~ davs Beach I Dune Committee holds public hearing / takes action. 6 - 30 workino davs Copy to GLO/OAG Approval Process 40 to 80 Working Days J R32810B1AppV.doc V - 7 APPENDIX V.E. CONCURRENT DUNE PROTECTION PERMIT/BEACHFRONT CONSTRUCTION CERTIFICAi ~ APPLICATION FORM CONCURRENT DUNE PROTECTION PERMIT/ BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION (CDPPBCCA) Applicant's name: Applicant's address: City: State: Applicant's phone number: Property Owner's name: Fax number: ZIP: Property Owner's address: City: Property Owners phone number: Legal description of the tract: State: Fax number; ZIP: Size of tract in acres or square feet: Description of the proposed construction, including the number of proposed structures and whether the structures are amenities or habitable structures: The number of parking spaces: What is the approximate percentage of existing and finished open spaces (those areas completely free of structures): What is the approximate duration of the construction? Describe the effects of the proposed activity on the beach/dune system which cannot be avoided should the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of dune size and shape, and changes in dune hydrology: R32810B1AppV.d~ V-8 Describe the location and extent of any known man-made vegetated mounds, restored dunes, fill activities, or any other pro-existing human modifications on the tract: Describe the location and extent of any wetlands on the tract: Does the proposed construction include a dune walkover? __ Yes __ No Will the proposed dune walkover be constructed under the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast? __ Yes --. No FEMA Standards: The lowest habitable floor of the proposed structure(s) is feet, which is at or above the FEMA base flood elevation for the area. I certify that the information provided is correct and accurate. Applicant Date Property Owner Date Engineer/Surveyor Date License #: See list of required attachments and site plan requirements. R32810B1AppV.doc V- 9 Attach a scalable site plan, which includes the following: · Legal description of the tract, including, where applicable, the subdivision, block, and lot. · Location of the property lines and a notation of the legal description of adjoining tracts. · Location, footprint, and perimeter of the existing and proposed structures on the tract (the location, footprint, or perimeter of a proposed structure is not required for proposed structures located landward of the Dune Protection Line or Erosion Area Restriction Line). · Location of proposed roadways and driveways on the tract (the location of proposed roadways and driveways is not required for proposed structures located landward of Dune Protection Line or Erosion Area Restriction Line). Location of any seawalls or any other erosion response structures on the tract and on the properties adjacent to the tract. Location of the Beachfront Construction Line, Dune Protection Line, Vegetation Line, Erosion Area Line or Erosion Area Restriction Line, mean high tide line, and mean Iow tide line. Location of any existing beach access ways that are located either on the property or adjacent to the tract. Location of any future beach access ways, based on elements of the City's Comprehensive Plan, including the Transportation Plan or applicable area development plan, that are located either on the property or adjacent to the tract. · Location of any existing or proposed dune walkovers on the tract. · Location and extent of any known man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract. · Location and extent of any wetlands on the tract. Attach the floor plan and elevation view of any structure(s) proposed to be constructed or expanded. Attach a description (including location) of any existing or proposed walkways or dune walkovers on the tract. Attach a grading and layout plan: · identify all existing and proposed structures and paved areas. · All elevations must reference to the National Oceanic and Atmospheric Administration datum. · Show existing contours of the project area (including the location of dunes and swales). · Show proposed contours for the final grade. · If development is proposed to be located seaward of the dune protection line, show the location of the erosion area line. Attach photographs of the site, which clearly show the current locatiOn of the vegetation line and the existing dunes on the tract. R32810BIAppV.doc V-10 Attach a comprehensive mitigation plan, which includes a detailed description of the methods which will be used to avoid, minimize, mitigate and/or compensate for any adverse effects on dunes or dune vegetation. If the applicant has the requested information, attach copies of the following information: ,, A copy of the FEMA "elevation certificate. · The most recent local historical erosion rate data as determined by the University of Texas at Austin, Bureau of Economic Geology. A copy of a topographical survey (two-foot contour intervals) of the site. Describe whether the proposed construction will impact coastal erosion. The proposed construction will not impact coastal erosion. The proposed construction will have the following impacts on coastal erosion: R32810B1AppV.doc V - 1 '~ CONCURRENT DUNE PROTECTION PERMIT/ BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION Large Scale Construction Addendum (CDPPBCCA-LSCA) If the proposed construction qualifies as large-scale construction, provide the following information: If a multiple-unit dwelling will be constructed, how many units will be in the dwelling? Have any alternatives been considered that would cause fewer or no adverse effects on dunes or dune vegetation? Yes . No If no, why were no alternatives considered? No altematives are necessary, since proposed construction will not impact dunes or dune vegetation. The only impacts will be from dune walkover(s) constructed under the dune walkover construction standards in the Texas General Land Office's Dune Protection and Improvement Manual for the Texas Gulf Coast. Because If yes, what alternatives were considered? How will the proposed construction impact on natural drainage patterns on the site and on adjacent lots? There will be no impact on natural drainage patterns. Drainage will be improved by the construction of If the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, attach a certified copy of the plat, or if the subdivision has not been platted a preliminary plat. If the tract is located in a subdivision and the applicant is the owner or developer of the subdivision, what is the total area of the subdivision in acres or square feet? R32810B1AppV.doc V-12 APPENDIX VIII INTERLOCAL AGREEMENT WITH IN THE CITY OF PORT ARANSAS AND NUECES COUNTY RELATING TO THE MUSTANG AND NORTH PADRE ISLANDS BEACH PARKING PERMIT SYSTEM INTERLOCAL COOPERAllON AGREEMENT BE'tWEEN CITY OF CORPUS CHRII$~, Page 1 of B R32810B1AppVlll.doc ATTACH M E NT C Vl ll- 1 WI-I~RF_AS, ':he Gener~ Land Office has adopt~.-.d regulations iff Sec~Jo~1 15.8 of Title 31, Tex~ Ad~nislra~ ~. t~ ~ the imp~ of beach u~ ~es by g~e~; govetr~r~lts ~ es~bl~h · sta~pprov~ sys~m for recipr~i~ ~ ~es a~ fee privilege amn~ the different I~1 g~vemmem~ a.tho~ tn ~harge ~h user f~; WHEREA~, the es~llshment of a syMem 3f =e~ u~r ~ee recipro~iW is a condition of state ap~oval of Io~1 du~ pmte~ and D~ a~e~s p~ns; Now, ~here~ the Parties hereto m~l~ ~r~ as MUSTANG A~ NOR~ PADRE ISleS BEACH P~KI~ CBea~ Pa~l~ Pe~lt System"} pr~s a un,fi~ s~t~ ~ the ~suan~, stickem ~h~ t~ ju~dlcti~ ol Co~us Ch~sfl, P~ Amies. a~ of Ihe ~st of ~ov~ b~relat~ s~ in.rind by t~ ~ree j~ons. II. PARTICIPANT ~NOING. The ~r-ci,~ (o; Um B~h Pul~ P~[mit ~11 co~ ex~veiy from ~e beth pazking Fe~ sale reveries. ~e revenu~ r~ wal ~e d~ to ~ pa~ baa~ on the llmsr brach france of ~ ~h pa~ ~ m~nsib~ f~ mi~ining u~r Slate ~. Any heaves ~ F~eral or ~ pa~s ~11 be ~1~. A~nt A lis~ the d~a~ ~ pa~ Is res~ibte f~ as of ~ d~ of t~ agr~me~. ~ will be u~ at t~ ~e ~ any bou~ c~nges. A~ch~l B is a colle~ of maps ;ho~ t~ ~e and free ~i~ areas ~thin ea~ jur}~iction. III AUTHOR~TIOH FOR FUNDING. A. C°rpus Ch~. PoA Am, and ~ufl~ ea~ s~la~ ~ ~at the reven~ r~i~ from ~ ~ Pu;kll~ Perrier SynC. wilt only u~d for ex~n~ eu~ized by ~e ~neral Lend Offi~ regu;at~s In 31 TAC 15,B 2. ~e~r~t~ se~s are ~ as re~ab~ and se~s a~ ~lit~e d=~ re~d to the ~b~c ~a~ ~lch are ~ov~ed to the publ~ ~ ensure sa~ ~ of e~ a~ 1o and fr~ t~ 0ubl,c ~ach, s~ ~ v~l~r ~trals. ~Aage~nt, and ~ (in~ud~ ~uis~on a~ main{enen~ ~off~ach parkil~g nou~shm~t pr~; ~du~ a~em ~u~t~; ~ac~d~ Page 2 of 8 R32810B'lAppVlll.doc VIII-2 protectlen and restoration projects; providir~g p~l~ ~c~ities as ~t+~, sheers, ~s, ~ip~nt r~a~, an~ picnic a~ s~ff a~ personnel ~cess~ to provue bea~mat~ semites. ~ch rek~ted ~i~ and facilities shall se~e only For each fi~l year, a ~l government shall not ~en~ ~re th~n ~vmnm~t shaft ~ qoa~ m~o~ ~ ~ G~al La~ ~a~ng ~e a~ of be~ u~ f~ r~enu~ ~lle~d e~ ~ ~ ~ch user f~ ~en,~s are expe~. ~e ~eml Land Cffi~ ~y pr~ mp~tng ~s ~ m~s. Oenemt ~nd ~ s~ll ~ ~ I~l govemmanrs praise ~o ~l~ f~ ~ sna,[ ~e a~oval ~ any ~n~t dune h~ b~n spent on se~ ~mh ~ not ~a~. Repo~s ~a due ~ l~tar ~ ~ d~ after ~ end of ee~ q~or of S~e fisc~ year. Co~ Chrbfi, p~ ~ansas. and County c~ ~pamtely ~Ri~ pa~ ma~ u~e~ ~ ~ will ~ made from ~u~nt ~, et~d a~ tutu~ p~s are su~ect to f~ure e~m~iatlons. C. Alt ex~ditures will be s~je~ ~ ~li~ble Corp~ Chr~, Pod O. The ~a~s fu~ mutua[~ ~ree ~ ~e ~t ~ thR ~ach p~i~ P~it Sys~ s~Jl be set by Ihe ~enmflves of all pa~as ~o th~ ~ment d~lgna~d in S~n V of ~is 8TA~O~O ~ERATING ~EDMRE~ ~ pa~s ag~ ~at the Be~ch P~i~ P~m~ ~s~m shall ~ o~ ondc~ t~ ~ P~du~es (SOP}, ~;ch ~11 ce e~ed to ~ls ~r~ as Afla~ment A. ~ SOP may ~ e~nd~ ~ ~ tape--retires of all pa~es ~ this ag m~nt d~ated in S~ V of th~ agre~ent ~h ~e ~ ~e ~s~neted r~n~ll~ ot ~ pa~s ~all ~o~ ~1N mv~w m~heds used ~r ~e ~]e of ~ park[~ pe~s and m~ke ~)~ in ord~ to ensure ~ ~equate r~uea are ~eila~e 1o provide ~e ~i~ ~ch re~ se~ by ~e pa~es. Page3cf8 R32810B1AppVIII.doc VIII-3 Vt. D£~dGNATED REPRE~rEN[1-ATIVES. The tollr~;;itU ufficials, and their sqJccessors in o~ce, are U~e designated reprer, entalives of tSe parlies auLhorizecl to approve amendments Io the SOP' A. City of Corpus Ch dst B. City of Pod Aransas C. Nuecu~ County RESPONSIBILITIES, A, David R. Garcla, City IVlarager Tom BrOoks, City Manager Richard M. Borchard. County Judge Each party to this agreement shall ma~e any necessary changes to beach fee provisions of their dune prOtection and beach access plans lhat are necesss~y Io implemnt th~s agreement, and submit the anlandments for review approval to 'd'a Texas I and Coremlssio~er and Attorney General ~ requJred by section 6'1.01 t and 6t ,0'i5 of the Texas Natural Resource Code and 31 TAC 15.8(e). Except as provided in paragraphs 1 and 3 of this subsection, each parly shall o~ly re~og~lize I~each Parking Permit Systere s~ckem, es described in .Section I of this.agreement, within their r~spective jurisdic, ti~n Each pa~ shall recognize the ~'~lht of ar~y party te sell beach parking permit sticker's ?~at were acquired by the party prior t~ February 22 2, Each party X~ilh an ex[sting stock of Parking st ckem v.4[I Provide the other pedles with infom~ation on ~he nun,be, of'parking permit. st~ckers in their i~veetAry on Fobtes~y 22., 2002. 3, Pe'~dlr~g General Land Office apprOval of any required amendments to a parys~J~klm~jdm~iMi~s dune protection and beach access plans relating to beech park ng perfect fees, end before the un~fled system goes into effect, each patty shall recognize any existing 3each parking permit 9flc~P.r i.~sued by one of the parties until the ~,xeach parking permit expires C. Except as provided for ir~ ttlis ag reeme~t or Ule SOP. each party will he re~ponsilIR for entor~ment of the beach parking permits wffh m their jurisdiction. D, The p~rlies shell make reasonable sited to mairltab re iabie operations of ~'ne Beach Parking Permit System. But the parties assume responsibility for unavoidable system f~ilurea, equipmen~ failures, or late r'lofificatlen bye oartyto this agreeme~t. A party's liubility ir1 any event shall be solely limited to difecl le~s o1[ a,y re~ revenues arising from party's negligence, end shall not be liable far any, censeqLJenhal losses. Page 4 of 8 R32810BtAppVIII.doc VIII-4 Excapl' as provided ~ in Ih~ ag reemenl cr t~e SOP, each party is f~ib~ for the on-s~te ~ach ~ing p~mH sal~ w~n their j~ri~di~n. E~h pa~s I~bi;iW dJre~ I~ of e~ f~ raven,es ~mg ~om ~e pa~s n~li~ce, and sh~ll n~t ~ ~ab~ for a~ ~r.s~uential VII. M~FI~TION/AMENOMENT, Thl~ Agree~t m~ ~ mod~l~ ~ amended prov~ t~t ~ch m~ifi~tion or ame~nt t~ in wr~ a~ s~g~ by an authoH~ mpre~nla~ve of eo~ pa~y. and approv~ by ~e gover~ng body c~ each p~. ~e m~f~cat~ns to ~e standa~ opemti~ proead=res agproved · e au~o~e~ m~e~nts~ ~ not ~u~ ~s, un~ a ~ing b~ re~r~ I~ a~orhy {o a~mve an~rtdme~ts ~ ~e ~nda~ ~mfing p~u~ or APPROVAL BY GOWNING BODIES. E~ party ~e~e~nts th~ this Agr~en[ has ~ duly p~s~ a~ a~r~ ~y the g~rn'ng ~y of ~e pa~ as ~uir~ the T~ I~t~l C~peraEen A~, Ch~t~ 791, Tex~ tx. TERM AND A. ~ Ag~ment sha~l ~ ~r a~ initial term of o~ y~r. B. ~is ~e~ent sh~l ~ a~cme(~ally m~wed wEhout tu,~r a~on un~ te~in~ by any pa~. C. ~ia agr~t m~ be ~inat~ ~o~ ~u~ u~n (~) days' ~en~ ~n noti~. D. Any no~ ~f ~rminatlon sha',l ~ ~nt m ~ ot~r ~es to ~ls Interior; ~e~m~ agm~e~t at the ad~m~ list~ agr~ent, a~ to the ~nerel La~ O~ a~ A~ General. X. 8~gl~. If a~Y ~n o~ ~is ~ement, ~its ~plical~ ~ any ~mpet~t Ju~lc~. ~ ~e~in~er ~ th~ ~meme~t ~11 ~ ~ efl~ and ~all ~nbnue ~ ~ enforce~ under the te~s of th~ ~r~nt. ~TICE8~ ND~S under ~is Agr~nt shall be edOre~ to ~e parti~ as i~t~l~ ~. un~s ~nged by w[,ff~ no~ to such effect, e~ ~en deliver~ or ~n d~sE~ in ~, te~rn r~lpt r~ue~ Pa~5of 8 R32810B1AppVIII.doc VIII-5 XII. Xltl. XIV. XM. A. Ci~ of Corpus Christ~ A.ffn: City Manager P.O Box 9277 Corpus Ch[isti, Tex~s 784~9-s277 Telephone; (361) Facsimile: (361) 880-3839 B. C'ty o! Port Arenr, a.~ Arm: City Manager 7f0 West Avenue A Port Arensas, Te~<s,s 784 Telepl~.ene; (351} 749-4111 Facsimile: (361) 749.4723 C. Nueces County Aim: County Judge 901 Leopard Cnl~ls Chn~sli. Te~a~ 78401 Telephane: (36t) 888-0444 Facsi.m~e: (361) 888-0446 PERFORNIANCE. This agreement sha~l be pall'armed in Nueces and Kleberg County. Texas. ar~l shall be §ovemed by the taws of the ~.lale of Texas. NO BEN.EFIT TO THIRD PARTIES. This Agreement is solely for the benefit the pa.'ties to this e~,reemar~t, and ~ot fOr the benefit of a~y Iblrd ASSIGNMENT. This Agreement Is b'ndlng upon ae, d inures to the bereflt of the parties Io thIs Agreement and thek respecth,~ ~ucc~sso~ and petrified assigns. This Agreement may not be assigned by any party ~lhout the w,itte~ consent of all of I[he othe.~ ~arties. E~TIRB AGREEMEN. T. This Agreement represenls the entire agreement between the parties ant4 may ~ot be modified by any 0mi agreements or L~nderst~dlngs. Any amendments must be made in wrltir~ end signed by ail' partie~, as prmgded I~ Sec. t~n VII of Ibis agreement. F-,eFECTIVE DATE. This agreeme'ff is effective ~n the date when the last executes th~$ agreement. Pal;ia 6 of 8 R32810al AppVlll.doc VIII-6 EXECUTED by th~ (;it*,)' of Corpus Christi on the _~") day of.,~.rf~,, 2002.. ATTEST: A,man~o Ghapa APPROVED AS TO FORM: James R. Bray, Jr. City A~orney CI 1Y OF CORPUS CHRISTI City Manager r' EXECUTED by Ihe City Of Port Aransa$, or~ the ATTEST: day of .... 2002. CITY OF PORT ARANSAS ~ty ,Secre!ary APPROV~..D",~TO FORM: CIt~L~ttornay C.~y Mar,a§er Pag~ 7 of fl R32810B1AppVlll.doc VIII-7 Pa~e 8 of 8 R32810B1AppVIII.doc VIII-8 A w N O V V 8 FEE AND FREE BEACHES BY GOVERNMENTAL ENTITY OORMS CNRIOiI SHP CHANNEL70 PADRE N RAND NATIONAL SEASHORE Omm"a" ENRy Fa I Fna %dTotal Paa7Frw b! Lout 6a..nnllnit Fant MOaa emba OF GOV*MM aW o"th Parft FM otavm.uml % 35410 0.71 ?3.3% 100.0% .38.5% C!jd00 Cked 'es 3a 020 751 2460% 94.091 C TR5--n o -W _. Flea _ ,� 2300 0� ~tiHstl L~ufla " Mexico A'T-i'AO H MENT ,q R32810B1 AppVlll.doc VIII-lO Attachment C Mustang and North Padre lelandz ;Beech Parking Permit System St~a~ Ope~tlng ~is ~a~t to t~ i~taH~al ~ra~on ag;~ment ~mo~g ~ ~,~ of Corpus Ch~l, City o[ ~ ~ahS~. and N~s C~un~ ~ to the ~ and en~rcerner~t of ~a~ ~rki~ pe~s es~bl}s~= t~ in~al s~a~ ~erafl~g p;~ums for Musta~ ~ ~ffh Pad~ Islands b~ pa;~l~ syst~. 1. ~ ahnual b=~ parki~ f~ ~ insfi~ of ~ ba~ on e ~[endar year. (Du ring this in ll~l ~i~. ~ ~ fee w~l tun f~ March I until ~ec. 31 or ;uch later s~ng ~e a.~ ~ ~e~ffat~ ~ approval of ~ GLO.) ~ th~ ~ will t~ 1heir ~e~ eff~s and c~lnate wi~ each other tc ~u~ and ~Mer ~e sal~ of ~h pa~ing perm,s. a. A ~nd~ d~unt rote of $5.50 is establish~ ~ ~ff-bea~ An on-~e~ di~cun; f~ of S5 is esmbl;s~ for e~het on-b~ch ~n~a~l s~ra ~ t~ govern~a~ ~til~s 3. T~ C;~ ef P~ Amnsas will bo ~'d ~r~ss ~uri~ ~e [~ial De~ 4. R~nues ~ ~ ~ by ~h enl;~ in a s~t~ a~eunt and ~ be t~i~d q~HeHy by ~e ~preseq~es of the ~. The c~ by each R32810BIAppVIII.doc VIII-1 1 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 4, 2003 AGENDA ITEM: Ordinance amending the Code of Ordinances, Chapter 17, Finance and Taxation, by adding Section 17-13, Electronic Payment Use Fees to establish the fee structure for electronic payments via Internet of Municipal Court Fines and Fees. ISSUE: The City of Corpus Christi is implementing online payments of Municipal Court traffic and parking fines and fees via the City Internet web site. Users will be charged a percentage fee to pay for the bank transaction charges that are required for credit or debit card payments. REQUIRED COUNCIL ACTION: Passage of the ordinance amendment to establish the fee structure for electronic payments via Internet of Municipal Court Fines and Fees. PREVIOUS COUNCIL ACTION: In February 2002, City Council approved a contract with Texas Local Interactive, Inc. to establish, operate, and maintain a web site and portal access through local, wide area and global computer networks to provide electronic access to information and the ability to perform electronic transactions. FUNDING: The ordinance amendment requires no expenditure of funds. CONCLUSION AND RECOMMENDATION: Approval of the ordinance as presented. Susan Cable Director, E-Government Services BACKGROUND INFORMATION Three of the four initial web applications, utility bill payments and information, Park and Recreation basketball registration, and job applications, have been implemented. The traffic and parking fine payments and information application is ready to launch. The costs for implementation include development fees to Texas Local Interactive and Bank Transaction (credit card) fees. While no user fee is charged for the online utility bill payment and basketball registration, City Council directed staff to develop a sliding fee structure, rather than a fiat fee, for use of the online traffic and parking fine payment service. Bank transaction costs typically range from 2.5 to 4.5 percent. Since implementation in October 2002, bank transaction charges for the City's online utility bill payments have averaged 2.6 percent. Staff is proposing a user fee of three percent ofthe transaction amount for the online payments of Municipal Court fines and fees. This should provide sufficient funding for the bank credit card fees and provides a sliding scale. ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER t7, FINANCE AND TAXATION, BY ADDING SECTION 17-1.3, ELECTRONIC PAYMENT USE FEES; SETTING RATE OF 3% FOR ELECTRONIC PAYMENT OF MUNICIPAL COURT FINES BE IT ORDAINED BY THE CiTY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, Chapter 17, Finance and Taxation, is amended by adding Sec. 17-1.3, Electronic Payment Use Fees, to read as follows: Sec. 17-1.3. Electronic Payment Use Fees. The City may accept payment for municipal court fines electronically via the intemet for the electronic payment use fee of 3% of the amount paid. The electronic payment use fees must be reviewed on an annual basis by the City Manager, who is authorized to increase the electronic payment use fee. The City Manager may not increase the electronic payment use fee by more than five per cent in any year without the City Council's approval. The City Manager shall file notice of any increases in the electronic payment use fee with the City Secretary, and provide a copy of the notice to the members of the City Council before the electronic payment use fee increase goes into effect. SECTION 2. 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. city of Corpus. Chnst