HomeMy WebLinkAboutAgenda Packet City Council - 04/15/2003CITY
COUNCIL
AGENDA
0119US
Christi
April 15, 2003
1:45 p.m. "At Your Service Award" ~ City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
APRIL 15, 2003
2:00 P.M.
PUBLIC NOTICE- THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 5:30 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the 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 didgirse al Concilio y cree que su ingl~s es limitado, habr~ un int&rprete ingl&s-espaifol en todas las juntas del
Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Henry Garrett
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Acting City Manager George K. Noe __
Acting City Attorney Jay Reining __
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Special and Regular Meetings of April 8, 2003. (Attachment # 1)
Agenda
Regular Council Meeting
Apd115,2003
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. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H=
CONSENT AGENDA
Notice to the Public
The following items ara of a routine or administrative nature. The Council has
been furnished with background and support matertal on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence afterthe items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Motion approving the purchase of thirty-six vehicles consisting of
32 pickup trucks and 4 cargo vans from the following companies,
for the following amounts, in accordance with Bid Invitation No.
BI-0053-03, based on Iow bid and Iow bid meeting specifications.
The vehicles will be purchased for Engineering, Maintenance
Services, Water, Storm Water, Wastewater and the Gas
Department. All vehicles are replacement units. Funds are
budgeted in Maintenance Services and Engineering Services.
(Attachment # 2)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
Apd115,2003
Page 3
Vista Chevrolet
Corous Chdsti, TX
Bid Items 2, 4 - 10,
12&13
$3O6,729
Creveling Dodge
Corous Chdsti, TX
Bid Item 1
$183,391
Allen Samuels Chevrolet
Corous Christi, TX
Bid Item 3
$49,160.08
Crosstown Ford
Corous Christi, TX
Bid Item 11
$16,391
Grand Total: $555,671.08
Motion authorizing the Acting City Manager or his designee to
execute a construction contract with Rycon E & C, LLC of
Kingsville, Texas in the amount of $335,370 for the Wastewater
Clean-Out Installation Program FY2002-2003. (Attachment # 3)
Motion authorizing the Acting City Manager or his designee to
execute a consultant contract with Coym, Rehmet, Gutierrez
Engineering, Inc., of Corpus Chdsti, Texas for a total fee not to
exceed $68,407 for the Holly Road Pump Station Structural and
Mechanical Improvements. (Attachment # 4)
Motion authorizing the Acting City Manager or his designee to
execute a construction contract with Lowman Services, Inc. of
Robstown, Texas in the amount of $66,169.93 for the Minor
Storm Drainage Improvements on Sharpsburg Road.
(Attachment # 5)
Motion authorizing the Acting City Manager or his designee to
execute Amendment No. 2 to the consultant contract with Russell
Corrosion Consultant, Inc. of Simpsonville, Maryland in the
amount of $73,593.40 for the Mary Rhodes Memorial (Lake
Texana) Pipeline. (Attachment # 6)
Motion authorizing the Acting City Manager or his designee to
execute an agreement with Rimkus Consulting Group, Inc., of
Corpus Christi, Texas in an amount not to exceed $50,000 for
claim support services related to City Hall water intrusion damage
analysis. (Attachment # 7)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April15,2003
Page 4
10.a.
10.b.
11.
12.
13.
Motion authorizing the Acting City Manager or his designee to
execute a Utility Easement Instrument with Richard L. Ocker,
Donald A. Ocker, and A.D.D. Corporation, a Texas Corporation,
in the amount of $47,500, for Parcels 47 and 48, both necessary
for the Southside Water Transmission Main, Phase 3 Project, and
for other municipal purposes. (Attachment # 8)
Motion authorizing the Acting City Manager or his designee to
execute an engineering services contract with LNV, Inc. dba
Smith, Russo & Mercer of Corpus Christi, Texas in the amount of
$510,000 for the O.N. Stevens Water Treatment Plant Analysis.
(Attachment # 9)
Motion authorizing the Acting City Manager or his designee to
accept a grant in the amount of $52,803 awarded by the
Corporation for National and Community Service for the Retired
and Senior Volunteer Program. (Attachment# 10)
Ordinance appropriating a grant in the amount of $52,803
awarded by the Corporation for National and Community Service
in the No. 1050 Federal/State Grants Fund for the Retired and
Senior Volunteer Program. (Attachment# 10)
Resolution authorizing the Acting City Manager or his designee
to submit a grant application to the Texas Department of Public
Safety Division of Emergency Management, in the amount of
$40,000, under the FY2003 Pre-Disaster Mitigation Program, to
develop a Pre-Disaster Mitigation Action Plan, with a City in-kind
match of $13,333, and a total project costs of $53,333.
(Attachment # 11)
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. (Attachment # 12)
Ordinance appropriating $225,613.26 in interest and
miscellaneous earnings in vadous bond funds as detailed in the
attached Schedule A to close funds and pay outstanding debt
service; amending FY2003 Capital Budget adopted by Ordinance
No. 025144 by increasing appropriations by $225,613.26.
(Attachment # 13)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April15,2003
Page 5
14.
15.a.
15.b.
16.a.
16.b.
Ordinance authorizing the Acting City Manager or his designee to
execute a one-year lease with Czech Heritage Society of South
Texas, a non-profit corporation, for the use of the Jalufka House
located in Heritage Park and in consideration of the Czech
Heritage Society of South Texas maintaining the premises and
improvements. (Attachment # 14)
First Reading Ordinance - Authorizing the Acting City Manager or
his designee to execute a three-year lease with the Irish Cultural
House, Inc., a non-profit corporation, for the use of the
McCampbell House located in Heritage Park and in consideration
of the Irish Cultural House, Inc. maintaining the premises and
improvements. (Attachment # 15)
First Reading Ordinance - Authorizing the Acting City Manager or
his designee to execute a three-year lease with the H. Boyd Hall
Branch of the NAACP, a non-profit corporation, for the use of the
Littles-Martin House located in Heritage Park and in consideration
of H. Boyd Hall Branch of the NAACP maintaining the premises
and improvements. (Attachment # )
Second Reading Ordinance - Amending the City of Corpus
Chdsti, 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; and
providing for penalties. (First Reading - 4/8/03)(Attachment # 16)
Second Reading 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
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Me~ing
April15,2003
Page 6
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. (First Reading - 4/8/03)
(Attachment # 16)
17.
Second 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. (First Reading ~ 4/8/03)
(Attachment # 17)
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
18.
Resolution expressing support for the President and Armed
Forces of the United States, including all the parents, sons,
daughters, spouses, and other Americans serving our nation at
this time of conflict. (Attachment # 18)
19.
Resolution supporting the establishment and funding of the Texas
National Estuarine Research Reserve in the Texas Coastal Bend
Region by the National Oceanic and Atmospheric Administration.
(Attachment # 19)
20.
Ordinance appropriating $7,911,792 from increased revenues in
the Gas Fund No. 4130 due to increased cost of Natural Gas
Purchases; amending the FY 2002-2003 Budget adopted by
Ordinance No. 024130 by increasing both revenues and
expenditures to the Gas Fund No. 4130 by $7,911,792, for the
increased costs of Natural Gas Purchases. (Attachment # 20)
21.
Resolution amending the City Investment Policy to allow
guaranteed investment contracts for bond proceeds, to establish
investment objective priorities, to expand permissible investments
in local govemment investment pools; to define money market
mutual funds, and to make clarifications to investment policy; and
adopting the investment policy as amended. (Attachment # 21)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April15,2003
Page 7
22.
23.
PUBLIC HEARINGS:
ZONING CASES:
Case No. 0203-03, Wesley United Methodist Chumh: A change
of zoning from a "R-lB" One-family Dwelling Distdct to a "B-l"
Neighborhood Business Distdct on Aldergate Methodist Chumh
Tract, being 0.597 acre out of Lot 9, Section B, located 175 feet
south of Gollihar Road and 450 feet west of Weber Road.
(Attachment # 22)
Planning Commission's and Staff's Recommendation: Denial of
the "B-1" District, and in lieu thereof, approval of a Special Permit
for a chumh-related thdft shop subject to six (6) conditions.
ORDINANCE
Amending the Zoning Ordinance upon application by Wesley
United Methodist Church by changing the zoning map in
reference to 0.597 acre out of Lot 9, Section B, located 175 feet
south of Gollihar Road and 450 feet west of Weber Road,
(currently zoned "R-lB' One-family Dwelling District) by granting
a Special Permit for a chumh thrift shop subject to six (6)
conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
Case No. 0203-01, Seunq Lee: A change of zoning from a "R-1B"
One-family Dwelling District to a "AB" Professional Office District
on Gardendale Unit 2, Block 4, Lots 22 and 23, located on the
north side of Curtis Clark Drive and approximately 225 feet west
of South Staples Street. (Attachment # 23)
Planninq Commission's and Staff's Recommendation: Denial of
the "AB" District, and in lieu thereof, approval of a Special Permit
for two (2) office buildings and parking lot subject to eight (8)
conditions.
ORDINANCE
Amending the Zoning Ordinance upon application by Seung Lee
by changing the zoning map in reference to Lots 22 and 23, Block
4, Gardendale Unit 2, (currently zoned "R-lB" One-family
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April15,2003
Page 8
24.
25.
Dwelling District) by granting a Special Permit for two (2) office
buildings and a parking lot subject to eight (8) conditions;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
Case No. 0203-02, Mark Bratton: A change of zoning from a "B-1"
Neighborhood Business Distdct and "F-R" Farm-Rural District to
a "RE" Residential Estate Distdct on Laureles Farm Tracts, being
26.81 acres out of Section 31, located north of South Staples
Street and east of South Oso Parkway. (Attachment # 24)
Planninq Commission's and Staff's Recommendation: Approval
of the "RE" District.
ORDINANCE
Amending the Zoning Ordinance upon application by Mark
Bratton by changing the zoning map in reference to 26.81 acres
out of Section 31, Laureles Farm Tracts, from "F-R" Farm-Rural
District and "B-I" Neighborhood Business District to "RE"
Residential Estate District; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
Case No. 0203-04, Harold Kronke: A change of zoning from a "R-
lB" One-family Dwelling District to a "B-4" General Business
Distdct on Tract 1 and "R-2" Multiple Dwelling District on Tract 2.
The property's legal description is Shell Road Poultry Acres,
being 2.720 acres out of Blocks 7 and 8, located between Violet
Road and Church Street and 500 feet north of Leopard Street.
(Attachment # 25)
Planninq Commission's Recommendation: Tract 1 - Denial of the
"B-4" Distdct on 2.71 acres of Tract 1, and approve the "B-4"
Distdct on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2"
District on Tract 2.
ORDINANCE
Amending the Zoning Ordinance upon application by Harold
Kronke by changing the zoning map in reference to 2.720 acres
out of Block 7 and 8, Shell Road Poultry Acres, from "R-lB" One-
family Dwelling District to "B-4" General Business District on Tract
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
April 15, 2003
Page 9
1 (1.71 acres) and "R-2" Multiple Dwelling District on Tract 2 (1.01
acres); amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
Staff's Recommendation: Tract 1 - Denial of the "B-4" Distdct on
2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres
of Tract 1, Tract 2 - Denial of the "R-2" on Tract 2.
ORDINANCE
Amending the Zoning Ordinance upon application by Harold
Krenke by changing the zoning map in reference to 1.71 acres
out of Block 7 and 8, Shell Road Poultry Acres, from "R-lB" One-
family Dwelling District to"B-4" General Business District on Tract
1 (1.71 acres); amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
PRESENTATIONS: (NONE)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERR
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 5:30 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary.)
Si usted se didge a la junta y cree que su ingl~$ es limitado, habr& un int~rprete
ingl&s-espa/lol en la reunkSn de la junta para ayudade.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
April 15, 2003
Page 10
26.
27.
N=
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authodzing the executive session
will be publicly announced by the presiding office.
Executive session under Texas Government Code Section
551.071 regarding Larry Young et al v. City of Corpus Christi, No.
01-647-C, 94th District Court, Nueces County, Texas, and Mary
Collins et al v. City of Corpus Christi, No. 01-646-C, 94t~ District
Court, Nueces County, Texas with possible discussion and action
in open session.
Executive session pursuant to Texas Government Code Section
551.074 to deliberate the appointmentJemployment of the City
Manager with possible discussion and action related thereto in
open session.
REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
28. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 78th Texas
Legislature.
29. CITY MANAGER'S REPORT
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
* Upcoming Items
Agenda
Regular Council Meeting
April15,2003
Page11
30.
31.
O.
NOTE:
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 2:15__ p.m., April 11 ,2003.
Armando Chapa
City Secretary
The City Council Agenda can be found on the City's Home
Page at www. cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2001-2002
CiTY COUNCIL GOALS
AND
PRIORITY ISSUES
A~rport / Seawa]~ / (~0nx~]afion Center / Arena
· Continue quarterly reporting process for these initiatives.
'86 Bond I~sue Imnrovements
Update status on Senior Centers.
Provide communication on completion of these projects (e.g. "Report to tbe Community").
· Continue community involvement on issues such as Leopard Street improvements.
Privatization / Re-En~ineerine
· Clearly define "privatlzation" and "re-engineering."
· Make decisionS regarding pfivatizafion and re-engineering in the next 12-24 months, with
discussions within 90 days.
· E~ablish process to identify what ser~icas can ~nd cannot be privatized.
· Continue focus on park maintenance.
Finance
* Maintain the 5-year forecast model.
· Review the August 1 budget adoption deadline.
Crime Control and Prevention
· Continue implementation of the Community Policing initiative.
· Establish date for Crime Control and Prevention District election.
Continue City participation in Youth Oppol~unities United and other youth crime initiatives.
Emnlovee Health Care
· Address concerns relat~.A to employee compensation and beneflt~, including health insurance.
· Work to coolidge Police and Fire health benefits with those of other City employees
Economic Develonment 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 priority
Desalination Pilot Project
*Code Enforcement 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 Developmem
*Fire and Police Contracts
New Funding Sources / Plan for Inner City Improvements
Improve Permitting Process (online / customer service)
Padre Island Development Plan
Downtown / South Central Development Plan (marina, t-heads, breakwater)
Housing Emphasis / Process (older neighborhoods, working class neighborhoods)
**Road Projects
Southside Traffic Plan
Storm Water Utiil~
· Reconsider implementation plan for a Storm Water Utility.
Paekerv Channel
· Continue quarterly reports on the progress of the TIF and Beach Restoration Project.
Landffii
Continue to evaluate the efficiency and effectiveness of operations.
Examine alternatives for solid waste mnnnsement system, including privatization,
Intemet
· 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-mall.
~CDBG
· Continue active role.
Fro~t B,~nk Buildin~
· Lease and complete renovation
~nnexation Plan
Implement current island annexation plan
ADA Transition Plan
· Develop and approve ADA Transition Plan within 90 days.
Redistrictin~
* Develop Council-approved redis~cting plan for the City of Corpus Christi
Industrial District Contract
· Review Industrial District conUcacts and determine date for approval
Council Action Items
* Staff completes action requests in a timely manner.
City / County Health Issues
· Continue discussions with County to determine structure and process for the most effective
and efficient delivery of health services
Marketin~ of CC Museum and Columbus Shivs
· 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, plarm)
*Solid waste / Pickup
Base Closures
**Northwest Library
Northside Development Plan
Truffle Controls (channeling, studying orVofframps 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
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
April 8, 2003 - 1:30 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem John Longoria
Council Members:
Brent Chesney
Javier D. Colmenero
Hemy Garrett
Bill Kelly
Rex A. Kiunison
Jesse Noyola
Mark Scott
GiB' Staff:
Acting City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the meeting to order in the Council Chambers of CityHall. The invocation
was delivered by Reverend E.F. Bennett and the Pledge of Allegiance to the United States flag was
led by Council Member John Longoria. City Secretary Chapa called the roll and verified that the
necessary quorum of the Council and the required charter officers were present to conduct the
meeting. Mayor Neal called for approval of the minutes of the regular Council meeting of March
25, 2003. Council Member Bill Kelly said that he would like to amend the minutes to include a
summary of his questions to Mr. Forrest Richardson and Acting City Manager George Noe and the
answers he was given regarding the golf course presentation. A motion was made and passed to
approve the minutes as amended.
Mayor Neal opened discussion on Item 2a regarding the canvassing of votes for the April 5,
2003 general election for the purpose of electing the Mayor and eight Council Members. Mr. Chapa
said that the purpose of the item was to canvass the returns and declare the winners. He said that the
Council was given the final results of the election which he has certified. He added that since the
evening of April 5, there were some minor clerical corrections but they had very little impact on the
final results. Mr. Chapa said that the Mayor had received envelopes from all the precinct election
judges containing the tapes of the recordings of the tabulation equipment. To canvass the results,
he said that the council members could compare the tapes that the Mayor had received to the results
that Mr. Chapa had certified to be accurate. Mayor Neal said that he had randomly selected the
following six precincts: 17, 40, 53, 74, 112, and 123. He read the results aloud for comparison.
There were no irregularities. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes as follows:
2.a. ORDINANCE NO. 025252
Ordinance canvassing returns and declaring the results of the General Election held on April
5, 2003 in the City of Corpus Christi for the purpose of electing the Mayor and eight Council
Members.
Minutes - Special Council Meeting
April 8, 2003 - Page 2
An emergency was declared and the foregoing ordinance passed: Neal, Chesney, Colmenero,
Garrett, Kelly, Kinnison, Longoria, Noyola and Scott, voting "Aye".
Mayor Neal referred to item 2b and Mr. Chapa said that it had been withdrawn because a
runoff election was not necessary.
Mayor Neal referred to the next item, outgoing Council Member speeches and presentations,
and asked Council Member John Longoria to join him in front of the dais. Mayor Neal thanked Mr.
Longoria for his eight years of service, saying that he was an excellent council member and that he
would be missed. He noted that Mr. Longoria had met the term limitations provided for in the city
charter. Mr. Longoria thanked the Mayor and Council for the time and effort they have put into their
service. He observed that city government has changed dramatically over the eight years that he has
served, saying that the citizens are becoming much more involved in the process than ever before.
He thanked his current employer, the Lower Colorado River Authority, for giving him the
opportunity to serve the community. He also thanked a core group of city staff that he has worked
with over the years, saying that they were true professionals, and he thanked his friends and
supporters. He said that if there was one thing he wanted to be remembered for, it was for bringing
people together. He closed by saying that he honestly felt that his eight years of service were not
wasted, and that he would always be grateful to the individuals who gave him the opportunity to
s~l've.
City Secretary Chapa presented Mr. Longoria with a Wilhemi vase in appreciation of his
service. Mayor Neal and the Council presented Mr. Longoria with an honorary reserved parking sign
and a plaque with a Key to the City and his nameplate.
There being no further business to come before the Council, Mayor Neal adjourned the
special council meeting at 2:00 p.m. on April 8, 2003.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 8, 2003 - 2:35 p.m.
PRESENT
Mayor Samuel L. Neal Jr.
Council Members:
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
City Staff.'
Acting City Manager George K. Noe
Acting City Attorney R. Jay Reining
City Secretary Armando Chapa
Recording Secretary Rebecca Huerta
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The invocation
was delivered by Dr. Ray Kiser of the First United Methodist Church and the Pledge of Allegiance
to the United States flag was led by Mayor Loyd Neal. City Secretary Chapa called the roll and
verified that the necessary quorum of the Council and the required charter officers were present to
conduct the meeting.
Mayor Neal deviated from the agenda to allow the Council to thank their supporters and the
citizens for their election to office.
Mayor Neal opened the discussion regarding the selection of Mayor Pro Tem. He said that
in the past, the procedure has been to rotate the Mayor Pro Tern and that this practice would
continue. Thus, he announced that Council Member Henry Garrett would be the first Council
Member to serve as the Mayor Pro Tern this tenn. He announced the dates of service for the
remaining Council members. City Secretary Chapa polled the Council for their votes as follows:
E. MOTION NO. 2003-133
Motion selecting the Mayor Pro Tern service dates as follows: Henry Garrett, April 8, 2003 -
July 7, 2003; Melody Cooper, July 8, 2003 - October 6, 2003; Brent Chesney, October 7,
2003 - January 5, 2004; Mark Scott, January 6, 2004 - April 5, 2004; Rex Kinnison, April
6, 2004 - July 5, 2004; Javier Colmenero, July 6, 2004 - October 4, 2004; Jesse Noyola,
October 5, 2004 - January 3, 2005; and Bill Kelly, January 4, 2005 - end of term.
The foregoing motion passed by the following vote: Neal, Chesney, Cooper, Garrett, Kelly,
Kirmison, Noyola and Scott, voting "Aye"; Colmenero absent.
Minutes - Regular Council Meeting
April 8, 2003 - Page 2
Mayor Neal called for consideration of the consent agenda (Items 1-9). City Secretary Chapa
noted that Items 5 and 8 had been withdrawn and that Council Member Noyola was abstaining from
voting or discussing Items 6, 9a and 9b. Mayor Neal asked if there was public comment. Mr. Bill
Kopecky, 3609 Topeka, requested that Item 4 be discussed. There were no comments from the
Council. A motion was made and passed to approve Items 1, 2, 3, 6, 7 and 9, constituting the
consent agenda, except for Item 4, which was pulled for individual consideration. City Secretary
Chapa polled the Council for their votes and the following motions passed by the following vote:
Neal, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Chesney was
absent. (NOTE: Noyola abstained on Items 6, 9a and 9b; an emergency was declared for item 9)
1. MOTION NO. 2003-134
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 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 Acting City Manager or his designee. Funds are
available from the Warehouse Inventory for FY2002-2003.
2. MOTION NO. 2003-135
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 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.
3. MOTION NO. 2003-136
Motion approving the purchase 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.
6. MOTION NO. 2003-138
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.
Minutes - Regular Council Meeting
April 8, 2003 - Page 3
7. MOTION NO. 2003-139
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 "Pement for Art" project.
o
9.a. ORDINANCE NO. 025253
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 ora self service
baggage cart rental concession at the Corpus Christi International Airport in consideration
of payment often percent of the concessionaire's gross monthly revenues for a term of up to
twelve months.
9.b. ORDINANCE NO. 025253
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 often percent of the concessionaire's gross monthly revenues for a term of sixty
months.
Mayor Neal opened discussion on Item 4. Mr. Bill Kopecky, 3609 Topeka, questioned the
wisdom of putting this item on the consent agenda since it was dealing with a $3.5 million
expenditure. City Secretary Chapa polled the Council for their votes as follows:
4. MOTION NO. 2003-137
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.
The foregoing motion was passed with the following vote: Neal, Chesney, Colmenero,
Cooper, Garrett, Kelly, Kinnison, Noyola, and Scott, voting "Aye".
Mayor Neal opened the discussion on Item 10, a first reading ordinance regarding the dune
protection and beach access regulations. Acting City Attorney Jay Reining said that last spring, the
Minutes - Regular Council Meeting
April 8, 2003 - Page 4
Council had approved an ordinance making a number of substantive changes to the city's beach and
dune regulations. The ordinance was in turn submitted to the General Land Office (GLO) and the
Attorney General as required. Both state agencies sent letters with anumber of proposed substantive
and editorial changes. Mr. Reining said that he met and spoke with the agencies several times, and
the ordinance before the Council today is a reflection of their negotiations. Specifically, they asked
staffto update the flow charts and provide applications forms. They rejected a provision to close
beach access roads during beach festival events.
Mr. Reining said that staff added an animal control provision to allow for flexibility
depending on the season and volume of visitors. In the winter, for example, owners would not be
required to have a leash on their animals since it is a lower usage period. In the summer, animals
would be allowed on the beach with leashes in high use areas or not at all, depending on the volume
of visitors. Provisions restricting vessels on the beaches and regulating vendors were also added.
Council Member Scott asked if the Council would be notified when the lease law would go
into effect. Mr. Reining replied that every change in the ordinance requires approval by the GLO.
At the moment, a system is not yet in place to implement the law and notify the Council. Mr. Scott
asked that the Council be notified when the law was implemented. Mr. Scott asked about the
county's discussions regarding moving dune protection authority to the city. He asked how this
would affect the city if it was to occur. Mr. Reining said that the city's rules are written in such a
way as to account for this contingency.
Council Member Noyola asked who would have the discretion to decide on how strictly the
leash law would be enforced at any given time. Mr. Reining responded that the City Manager or his
designee would have the authority. Mr. Noyola expressed his concern that the animal control
provision was too flexible. Mr. Reining said that he thought a specific policy would be formulated
by the Park and Recreation Department, Animal Control and the Police Department. He speculated
that the policy would require leashes around the seawall, J. P. Luby Park, and the wilder parts of the
city's beaches. He thought that no dogs would be allowed only during the specifically heavy use
periods that the Police Department was concerned about.
Mayor Neal asked if the city had the authority to implement a dress code on its beaches. Mr.
Reining said that he was not aware of any specific prohibition on people's dress on the beach.
Mayor Neal said that there were some problems reported during Spring Break, and he was concerned
that the problem would escalate unless it was addressed. Mr. Reining said he would look into it and
provide the Mayor with a report. There were no comments from the audience. City Secretary Chapa
polled the Council for their votes and following ordinances passed by the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
10.a. FIRST READING ORDINANCE
Ordinance amending the City of Corpus Christi, Texas, Dune Protection and Beach Access
Regulations, as adopted by Chapter 10, Beachfl'ont 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
Minutes - Regular Council Meeting
April 8, 2003 - Page 5
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.
10.b. FIRST READING 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 beachfi'ont construction certificates and concurrent dune protection
permits/beachfi:ont construction certificates to Appendix V, and by adding a copy of the
Interlocal 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.
Mayor Neal opened discussion on item 11 regarding electronic payment use fees. Susan
Cable, Director orE-Government, reported that the city was now ready to launch its on-line traffic
fine payment application. To review, she said that it had been about a year since the city approved
a contract with Texas Local Interactive that would provide the ability to perform electronic
transactions. Staff proposed including a convenience fee for the traffic ticket and parking ticket on-
line applications to cover the city's costs for implementation, including development fees and bank
transaction fees. She said that the Council directed staff to develop a sliding fee structure, rather than
a flat fee, for the use of on-line traffic and parking fine payment service. Bank transaction fees for
the city's online utility bill payments have averaged 2.6 percent since implementation in October
2002. Thus, staff is proposing a user fee of three percent of the transaction mount for the online
payments of Municipal Court fines and fees. Council Member Kinnison asked what the typical
usage was for on-line utility bill payments. Ms. Cable responded that since October 2002, there
have been 2500 transactions for a total of $260,000. He asked if current utility bills included
information on online utility bill payments. She said that the information was being included on all
utility bills. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
11. 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.
The foregoing ordinance passed by the following vote: Neal, Chesney, Colmenero, Cooper,
Garrett, Kelly, Kiimison, Noyola and Scott, voting "Aye".
12.
Mayor Neal announced the executive sessions, which were listed on the agenda as follows:
Executive session under Texas Government Code Section 551.071 regarding the Mustang
Minutes - Regular Council Meeting
April 8, 2003 - Page 6
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.
The Council went into executive session. The Council returned from executive session, an
emergency was declared, and the following ordinances were passed with the following vote: Neal,
Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
12.a.
ORDINANCE NO. 025254
Ordinance mending Ordinance No. 025218 to increase appropriations from CNA
Surety Company and Continental Company fi'om $280,351.84 to $374,851.84 for the
Corpus Christi Mustang Island Fire and Park and Recreation Station, Project No.
5114; amending Capital Budget to increase appropriations by $235,357 by increasing
appropriations by $94,000.
12.b.
MOTION NO. 2003-140
Motion authorizing the Acting City Manager or his designee to execute a
construction contract (Tender, Completion and Release Agreement) with Elite
Construction Company in the amount of $679,500 for the Mustang Island Fire Sub-
Station and Parks and Recreation Beach Services Facility.
Mayor Neal called for the City Manager's report. Acting City Manager Noe reported that a
number of individuals in the area would be attending the C.C. to D.C. Day in Washington, D.C. to
visit with our legislative delegation on issues of importance. He said that he and Council Member
Colmenero were attending. On May 9, the city will be receiving the Chairman's Award from the
Coastal Bays Foundation at their annual awards dinner for "commitment to and extraordinary
effectiveness in preserving coastal heritage". Tomorrow evening at 5:30 p.m. at the Oveal Williams
Senior Center, there will be a public heating on rezoning in the Northside area. This is Public Health
Week and a reception is currently taking place at the Health Department if any of the Council
members would like to attend. Finally, Mr. Noe said that starting next week, the city will try to
periodically recognize employees or groups of employees as a way to extend our thanks to them for
their service.
Mayor Neal called for Council concerns and reports. He asked Ms. Lee Ann Dumbauld,
Director of Finance, to comment on the bond ratings that the city had received for the bond sales that
had recently been approved. Ms. Dumbauld said that the firms had reconfirmed the city's ratings,
citing the city's achievements in fired balance and stability of government. In response to Mayor
Neal's question, Ms. Dumbauld said Fitch's rating of double A minus is considered excellent and
Standard and Poors' rating of A One is considered very good. He also said the firms made
Minutes - Regular Council Meeting
April 8, 2003 - Page 7
complimentary statements about the city's debt position. Mayor Neal commented on an e-mail he
had received regarding a city employee who was the winner of a local March of Dimes fundraiser.
Elliott Cooper with the MIS Department won the 2003 Ford Focus raffled off in the fundraiser, but
instead of keeping the vehicle, he decided to donate it back to the March of Dimes. He said ins sister
had been diagnosed with polio in the past and the March of Dimes funded the research and treatment
of the disease. Mayor Neal applauded his decision and said that he would like to recognize him at
a future Council meeting. He asked Mr. Reining about the status of a mutual aid agreement between
the city, Kingsville and other entities. Mr. Reining said that the agreement was coordinated through
the COG and he did not know what the status was. Mayor Neal asked him to find out and report
back to him. Mayor Neal asked for a staff member from Code Enfomement to meet with him at,er
the meeting about a situation on Lexington Road.
Mr. Garrett reported that a contractor who attended the Town Hall meeting at Wilson
Elementary said that his wife had to wait two hours for a permit for a roofing job. When his wife
took exception to the long wait and mentioned it to a city employee, the employee told her to contact
her council member if she didn't like it. He asked Mr. Noe to address the matter. Mr. Garrett also
said that there was a problem with loose dogs in Pope Park. He asked Mr. Noe to see if he could see
about assigning some directed patrol officers to take action against the owners of the dogs. He said
the dogs were a real threat to the safety of the children and other patrons of the park.
Mr. Scott recognized Mr. Michael Gunning, Director of Planning, for celebrating ins 30th
anniversary with the City of Corpus Christi. In response to Mr. Scott's question, Mayor Neal said
that the Flour BluffNJROTC would be recognized after they competed on May 3 and 4. Mr. Scott
asked Mr. Noe about the status of the temporary fire station on Padre Island. Mr. Noe said that he
and the Fire Chief had been working on the ability to put a temporary fire station on the island since
there was a delay in the construction of the permanent facility. They anticipated having one in place
by the end of this month. He said the station would more than likely be placed in the state park. In
response to Mr. Chesney's question, Mr. Noe said the facility would be a trailer or mobile home type
of facility with a fire apparatus stationed nearby. Mr. Scott thanked his wife and children for their
support. Finally, Mr. Scott proposed submitting a resolution next week to recognize and thank the
armed forces involved in the current international conflict.
Mr. Noyola congratulated Mr. Gunning on his 30~ anniversary with the City of Corpus
Christi. Mr. Noyola asked staff to investigate a constituent's complaint about loose gravel on Ayers
Road near a local car repair shop. He also wanted to recognize Club Estates for their exemplary
status and asked that they be recognized at a future Council meeting for their achievement.
Ms. Cooper complimented City Secretary Chapa and his staff for the way they conducted the
city elections. Mayor Neal and Mr. Noyola also thanked Mr. Chapa for his work. Mr. Chapa
thanked his staffand also recognized the City Manager's Office, the Planning Department, the MIS
Department, the Legal Department and others for their assistance.
Mayor Neal called for petitions from the audience. Mr. Jack Gordy, 4118 Bray, said he
disagreed with the pay raise given to Mr. Tom Utter. He also asserted his contention that the city
Minutes - Regular Council Meeting
April 8, 2003 - Page 8
was in violation because it was not making contributions to TMRS fi.om Mr. Utter's pay. Mr. Noe
replied that he had spoken with TMRS and that the city was not in violation. Mr. Leon Perez, 904
Buford, was concerned about the increases in his gas bill. Mr. Bill Kopecky, 3609 Topeka,
commented regarding Mr. Tom Utter's employment with the city, his pension and his status as a
lobbyist. Mr. J. E. O'Brien, 4130 Pompano, spoke regarding an August 29, 2000 council meeting
discussion regarding the payment of facility maintenance for the Packery Channel project and Mr.
Tom Utter's remuneration. Mr. R.F. Hasker, 1813 Wallace, spoke regarding the Document of
Understanding for the Packery Channel project, specifically the storm water damage and seawall
insurance sections. Mr. Steven Oaks, 505 S. Water, spoke regarding the prohibition of skateboarding
on city streets and sidewalks and police harassment.
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 5:32 p.m. on April 8, 2003.
2
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the purchase of thirty-six vehicles consisting of 32 pickups and
4 cargo vans from the following companies, for the following amounts, in accordance with Bid Invitation No.
BI-0053-03, based on low bid and low bid meeting specifications. The vehicles will be purchased for
Engineering, Maintenance Services, Water, Storm Water, Wastewater and the Gas Department. All vehicles
are replacement units. Funds are budgeted in Maintenance Services and Engineering Services.
Vista Chevrolet
Corpus Christi, TX
Bid Items 2, 4 - 10,
12 & 13
$306,729
Creveling Dodge
Corpus Christi, TX
Bid Item 1
$183,391
Allen Samuels Chevrolet
Corpus Christi, TX
Bid Item 3
Crosstown Ford
Corpus Christi, TX
Bid Item 11
$49,160.08 $16,391
Grand Total: $555,671.08
Purpose:
These vehicles will be used in the day to day operations of the respective
departments. Replaced units are evaluated for potential reallocation to other
departments and/or are disposed of through the City's standard surplus disposal
procedures.
Bid invitations Issued: Thirteen
Bids Received: Six
Price Analysis:
Pricing in the aggregate, has decreased by approximately 12%. According to
the vehicle dealers, large concessions have been offered by each of the
manufacturers.
Award Basis:
Low Bid: Bid Items 1 - 8
Low Bid Meeting Specifications
Bid Items 9-13
The low bids submitted by Creveling Dodge, Vista Chevrolet and Allen
Samuels Chevrolet do not meet specification requirements regarding payload
and/or gross vehicle weight rating (GVWR).
Funding: Maintenance Services Fund
550020-5110-40120
Capital Outlay List Item Nos. 73, 76, 78,
84, 85, 88, 89, 90, 98, 99, 100, 101,102,
103,104, 105,108, 109, 110, 113 &l14
Engineering Services Fund
550020-5310-11180
__~! ,~ . 550020-5310-11190
I/ ~ ,'~ Capital Outlay List ltem Nos. 133A&134A
Michael Barrera, G. P. M.
Procurement & General Services Manager
$513,350.08
14,107.00
28,214.00
Total: $555,671.08
BID INVITATION NO, BI -0053-03
PICK-UPS & VANS
BUYER : MICHAEL BARRERA
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
April 15, 2003
Award Total $183,391.00 $306,729.00 $49,160.08
Grand Total $555,671.08
$16,397.00
(•) The low bids submitted by Creveling Dodge, Vista Chevrolet and Allen Samuels Chevrolet do not meet specification requirments regarding payload and/or gross vehicle weight rating.
Creveling Dodge
Corpus Christi, TX
Vista Chevrolet
Corpus Christi, TX
Allen Samuels Chevrolet
Corpus Christi, TX
Padre Ford
Corpus Christi, TX
Access Ford, Ltd
Corpus Christi, TX
Crosstown Ford
Corpus Christi, TX
Unit
UnitUnit
Unit
Unit
Un.
Item
Descri tion
Qty.
Unit
Price
Total
Price
Total
Price
Total
Price
Total
Price
Total
Price
Total
1
Series (PU-1) 1/2 Ton
13
Each
$14,107.00
$183,391.00
$15,153.00
$196,989.00
$15,262.56
$198,413.28
$15,144.00
$196,872.00
$14,510.00
$188,630.00
$15,548.00 $202,124.00
Compact, Ext. Cab Pickup
2
Series (PU-1) 1/2 Ton
1
Each
12,991.00
12,991.00
11,908.00
11,908.00
12,590.02
12,590.02
13,155.00
13,155.00
13,300.00
13,300.00
12,011.00
12,011.00
Compact, Standard Cab
3
Series (PU-2) 1/2 Ton,
4
Each
14,899.00
59,596.00
12,797.00
51,188.00
12,290.02
49,160.08
13,797.00
55,188.00
13,820.00
55,280.00
14,015.00
56,060.00
Standard Cab
4
Series (PU-2) 1/2 Ton, Ext.
2
Each
15,899.00
31,798.00
15,300.00
30,600.00
16,148.18
32,296.36
15,649.00
31,298.00
15,630.00
31,260.00
15,827.00
31,654.00
Cab
5
Series (PU-2) 1/2 Ton, Ext.
1
Each
16,099.00
16,099.00
15,525.00
15,525.00
16,373.18
16,373.18
15,849.00
15,849.00
15,830.00
15,830.00
16,027.00
16,027.00
Cab Long Bed Pickup with
extras
6
Series (PU-2) 1/2 Ton, Ext.
1
Each
16,177.00
16,177.00
15,385.00
15,385.00
16,230.26
16,230.26
15,759.00
15,759.00
15,740.00
15,740.00
15,955.00
15,955.00
Cab, Short Bed Pickup
1
Each
16,474.00
16,474.00
15,583.00
15,583.00
19,232.56
19,232.56
16,319.00
16,319.00
17,835.00
17,835.00
17,928.00
17,928.00
7
Series (PU-2 HD) 1/2 Ton,
Ext. Cab, Short Bed Pickup
8
Series (PU-3 HD) 3/4 Ton,
1
Each
17,621.00
17,621.00
17,563.00
17,563.00
17,625.02
17,625.02
17,897.00
17,897.00
17,775.00
17,775.00
17,970.00
17,970.00
Standard Cab, Long Bed
9
Series (PU-3 HD) 3/4 Ton,
1
Each
20,083.00
20,083.00
20,786.00
20,786.00
23,892.29
23,892.29
20,769.00
20,769.00
21,130.00
21,130.00
21,269.00
21,269.00
Ext. Cab, Long Bed Pickup,
(")
with Service Body
10
Series (PU-3 HD) 3/4 Ton,
7
Each
18,516.00
129,612.00
18,500.00
129,500.00
18,470.48
V)
129,293.36
18,529.00
129,703.00
18,925.00
132,475.00
19,023.00
133,161.00
Standard Cab, Long Bed
Pickup with Service Body
11
Series (V-2) 1/2 Ton Full
1
Each
N
14,623.00
14,623.00
16,269.00
()
16,269.00
15,481.95
({)
15,481.95
16,459.00
16,459.00
19,620.00
19,620.00
16,391.00
16,391.00
Size Cargo Van
12
Series (V-4) 3/4 Ton Full
1
Each
15,580.00
15,580.00
16,859.00
16,859.00
16,699.40
16,699.40
17,297.00
17,297.00
17,115.00
17,115.00
17,268.00
17,268.00
Size Cargo Van (Glass in
Rear Doors only)
13
Series (V-4) 3/4 Ton Full
2
Each
15,438.00
30,876.00
16,510.00
33,020.00
16,827.85
33,655.70
17,119.00
34,238.00
16,935.00
33,870.00
17,076.00
34,152.00
Size Cargo Van (Glass in
Side & Rear Door)
Award Total $183,391.00 $306,729.00 $49,160.08
Grand Total $555,671.08
$16,397.00
(•) The low bids submitted by Creveling Dodge, Vista Chevrolet and Allen Samuels Chevrolet do not meet specification requirments regarding payload and/or gross vehicle weight rating.
3
AGENDA MEMORANDUM
DATE: April 9, 2003
SUBJECT: Wastewater Clean-Out Installation Program FY 2002-2003
(Project No. 7279)
AGENDA ITEM:
Motion authorizing the Acting City Manager, or his designee, to award a construction
contract in the amount of $335,370 with Rycon E & C, LLC for the Wastewater Clean-Out
Installation Program FY 2002-2003.
ISSUE: The residential sanitary service lines that do not have clean-outs must be broken
into by the Wastewater Department to clear stoppages. These service lines need to be
repaired to prevent debris and surface water from entering the collection system, causing
line blockages and/or overloading of treatment plants during heavy rainfall events. The
Wastewater Department has an on-going program installing clean-outs to avoid the
problem in the future.
FUNDING: Funds for this project are available in the FY 2002-2003 Wastewater Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Foster Crowell / F_~,'~ngel R. Escobar, P. E.,
Director of Wastewater Department Director of Engineering Services
Additional Support Material:
Exhibit"A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tabulation
Exhibit"D" Location Map
H:IU SERS2\HOM E~VEL MAR/G EN\WASTEWA~,7279'~,G E N DA MEMO
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Wastewater Clean-Out Installation Program FY 2002-2003
(Project #7279)
PRIOR COUNCIL ACTION:
1. February 29, 2000 -
Motion awarding a construction contract in the amount of
$79,500 to either Quality Machine & Equipment Company or Rycon Construction for
the FY 1999-2000 Wastewater Clean-Out Installation Program. The two firms
submitted identical bids. The successful bidder, Quality Machine & Equipment
Company, was chosen by the casting of lots (Motion No. M2000-065).
October 17, 2000 - Motion awarding a construction contract in the amount of
$93,916 to Quality Machine & Equipment Company for the FY 2000-2001
Wastewater Clean-Out Installation Program (Motion No. M2000-371).
April 16, 2002 - Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $161,435 with Rycon E & C, LLC for the
Installation of Wastewater Clean-Outs FY 2001-2002 (Motion No. M2002-098).
BACKGROUND INFORMATION: The Wastewater Department assumes the responsibility
for all sanitary sewer lines within public rights-of-way and easements. When a blockage
occurs in a service line and there is no clean-out, the line must be exposed and broken into
to see if responsibility for the problem lies with the City or the property owner. Once the
blockage has been cleared, the broken pipe must be replaced and a clean-out installed.
Because many Corpus Christi homes were constructed before clean-outs were required in
the City's Plumbing Code, the Wastewater Department has accumulated numerous work
orders for clean-outs.
PROJECT DESCRIPTION: The on-going annually bid project consists of the complete
installation of approximately 700 clean-outs which will include:
· Excavation of existing service lines
· Removal of damaged pipe
· Installation of new PVC clean-out assemblies
· Site clean-up
· Backfill
BID INFORMATION: Bids were received on April 2, 2003 with two (2) bidders submitting
proposals. The bid proposal was set up with a Base Bid only. The bids range from
$335,370 to $373,165, with Rycon E & C, LLC submitting the Iow Bid.
EXHIBIT "A"
Page 1 of 2
H:IUSERS2\HOME\VELMAR\GEN\WASTEWAT~7279~,GENDA BACKGROUN[~
The bid submitted by Rycon E & C, LLC was irregular in that Addendum No. 1 was not
acknowledged. Rycon E & C, LLC has since submitted letter specifying the
acknowledgement of Addendum No. 1. It is recommended City Council waive the
irregularity of the bid.
Rycon E & C, LLC of Kingsville, Texas has satisfactorily performed work for the City on
other contracts, including Wastewater Clean-Out Installation Program FY 2001-2002. Staff
recommends a contract be awarded to Rycon E & C, LLC in the amount of $335,370.
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 in the FY 2002-2003 Wastewater Capital
Improvement Budget.
H:IUSERS2\HOME\VELMARIGENIWASTEWAT~7279~AGEN[~A BACKGROUND
EXHIBIT "A"
~Page2of2
WASTEWATER CLEAN-OUT INSTALLATION PROGRAM
FY 2002-2003
(Project No. 7279)
April 9, 2003
FUNDS AVAILABLE:
Wastewater CIP ............................................................ $377,870.00
FUNDS REQUIRED:
Construction (Rycon E & C, LLC) ....................................... $335,370.00
Contingencies (10%) ...................................................... 33,500.00
Major Projects Activity ................................................... 3,000.00
Construction Inspection Activity ....................................... 5,000.00
Printing ....................................................................... 500.00
Advertising ................................................................... 500.00
Total ........................................................................... $377,870.00
Page 1 of 1
TABULATION OF BIDS Page 1 of 1
DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Angel R. Escobar, P.E., Director of Engineering Services
DATE: Wednesday, April 2, 2003 TIME OF COMPLETION: 300 Calendar Days
ENGINEER'S ESTIMATE: $320,000
Wastewater Clean -Out Installation
Program FY 2002-2003
Project No. 7279
Rycon ESC, LLC
3316 N. FM 1355
Kingsville, TX 78363
Jalco, Inc.
P.O. Box 27368
Houston, TX 77227
ITEM
DESCRIPTION
QTY.
UNIT
UNIT PRICE
AMOUNT
OMIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
No.1
4" Clean -Outs
690
EA
440.00
303,600.00
502.00
346,380.00
0.00
0.00
N0.2
6" Clean -Outs
30
RA
450.00
4,500.00
700.00
7,000.00
0.00
0.00
N0.3
Remove and replace all 4"
pipe to and including the
750
LF
6.00
4,500.00
4.00
3,000.00
0.00
0.00
bend
N0.4
Remove and replace all 6"
pipe to and including the
200
LF
8.00
1,600.00
6.00
11200.00
0.00
0.00
bend
No -5
Remove and replace all 4"
pipe from main and tap
750
IF
10.00
7,500.00
8.00
6,000.00
0.00
0.00
w/new PVC saddle to the
bend
No.6
Remove and replace all 6^
pipe from main and tap
100
LF
12.00
1,200.00
10.00
11000.00
0.00
0.00
w/new PVC saddle to the
bend
N0.7
Trench Safety Measure
850
IF
0.20
170.00
0.10
85.00
0.00
0.00
N0.8
Remove and reinstall
existing fence
Concrete flatwork repair
300
IF
8.00
2,400.00
7.00
-3.00
6.00
2,100.00
0.00
0.00
NO -10
400
SF
.00
5.00
- 2,400.00
2,000.00
1,200.00
2,400.00
0.00
0.00
0.00
0.00
No 11
N0.12
Asphalt pavement repair
Caliche repair
100
100
SY
SY
50.00
5.00
5,000.00
500.00
25.00
3.00
2,500.00
300.00
0.00
0.00
TOTAL BASE BID:
$335,370.00
$373,165.00
0.00
0.00
h-
\ Mproject \ councilexhibits \ exh 72 79.dwg
N
NUECES BAY
CORPUS CHRISTI BAY
LAGUNA
MADRE
NOTE: C_TTy WZDE PROGRAM
LOCATION OF PROJECTS TO BE
DETERMINED BY WASTEWATER DEPARTMENT
GULF OF
MEXICO
LOCATION MAP
NOT TO SCALE
PROJECT NO. 7279 EXHIBZT "D"
4
AGENDA MEMORANDUM
DATE: April 8, 2003
SUBJECT: Holly Road Pump Station Structural and Mechanical Improvements
(Project No. 8432)
AGENDA ITEM: Motion authorizing the Acting City Manager, or his designee, to execute a
consultant contract with Coym, Rehmet, Gutierrez for a total fee not to exceed $68,407 for
the Holly Road Pump Station Structural and Mechanical Improvements.
ISSUE: The proposed project will provide analysis and design for improvements to five (5)
existing concrete pump bases/discharge headers and electrical improvements to UPS
SCADA, and provide level instrumentation controls. A contract for professional services is
required to complete the preliminary design phase, design phase, bid phase, and
construction phase; and requires City Council approval.
FUNDING: Funding is available from the FY 2002-2003 Water Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Eduardo Gara~a, P. E.
Director of Water Department
~)~Z:Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:/USERS2\HOME\VELMAR\GEN\RFQ 2002-01\CONSULTANT AGENDA\8432~GENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Holly Road Pump Station Structural and Mechanical Improvements
(Project No. 8432)
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
FUTURE COUNCIL ACTION:
1. Approval of a construction contract to complete the subject project.
PROJECT BACKGROUND: The Holly Road Pump Station (and two 10-mg water storage
tanks) was constructed in 1970. This pump station provides water to the south side of
Corpus Christi. This area includes the Flour Bluff and Padre Island areas as well as
Nueces County Water Control & Improvement District No. 4 (Port Aransas). Pumps,
motors, support structures, and piping are located outside the pump station building
exposed to the elements. Any breakdowns to this equipment impact water service to the
areas. Stress cracks have formed in recent years on the concrete supports for the pumps
and discharge piping. Backup power to this facility and water level equipment at both
storage tanks is in need of upgrading.
H/USERS2\HOME\VELMAR\GEN\RFQ 2002 01/CONSULTANT AGENDA/8432~,GENDA BACKGROUND
EXHIBIT "A" I
PROJECT DESCRIPTION: The proposed project consists of preliminary, design, bid, and
construction phase services to improve five (5) existing concrete pump bases/discharge
headers and electrical improvements to UPS SCADA, and provide level instrumentation
controls.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
Page 2 of 2
H:/USERS2\HOMEIVELMAR\GEN\RFO 2002-01 \CONSULTANT AGENDA\EN32~AGENDA BACKGROUND
CONTRACT SUMMARY
Holly Road Pump Station
Structural and Mechanical Improvements
(Project No. 8432)
1. SCOPE OF PROJECT
The project provides for analysis and design for improvements to five (5) existing
concrete pump bases/discharge headers and electrical improvements to UPS SCADA,
and provide level instrumentation controls.
2. SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition,
Engineer will provide monthly status updates (project progress or delays, gantt charts
presented with monthly invoices) and provide contract administration services to complete
the Project. Work will not begin on Additional Services until requested by the Engineer
(provide breakdown of costs, schedules), and written authorization is provided by the
Director of Engineering Services.
PROJECT SCHEDULE
DAY DATE ACTIVITY
Wednesday April 30, 2003 Begin Design Memorandum
Monday June 9, 2003 Submit Design Memo for Review/Approval
Monday June 23, 2003 Begin Design Phase
Friday August 15, 2003 60% Submittal
Friday September 19, 2003 City Review
Fdday October 17, 2003 100% Submittal
Friday November 14, 2003 City Review
Friday December 19, 2002 Final Submittal
Monday (2) January 5, 12, 2004 Advertise for Bids
Wednesday January 28, 2004 Pre-Bid Conference
Wednesday February 11, 2004 Receive Bids
Tuesday March 2, 2004 Award Contract
Monday April 19, 2004 Begin Construction
Weekday September 15, 2004 Construction Completion
H:\USERS2~HOME~VELMAR\GEN\RFQ 2002-01 ICONSULTANT AGENDAI8432/CONTRACT SUMMARY
~ Pagelof2 IEXHIBIT"B"
4. FEES
Fee for Basic Services
1. Preliminary Phase $11,465
2. Design Phase 31,765
3. Bid Phase 1,968
4. Construction Phase 8,302
Subtotal Basic Services Fees 53,500
Fee for Additional Services (Allowance)
1. Topographic Survey (AUTHORIZED) 2,135
2. Construction Observation Services 12,000
3. Start-up Services 386
4. Warranty Phase 386
Sub-Total Additional Services Fees Authorized 14,907
Total Authorized Fee $68,407
H:/USERS2\HOME\VELMAR~GENIRFQ 2002-01/CONSULTANT AGENDAI84321CONTP. ACT SUMMARY
IEXHIBIT "B" 11
Page 2 of 2 Jl
PROJECT LOCATZON
PROJECT # 8432 LOCATr_ON MAP EXHIBIT "C"
HOLLY ROAO PUMP STATION STRUCTURAL CITY COUNCIL EXI-I~BZT
DEPARTMENT OF ENGINEERING SERVICES~
AND MECHANICAL IMPROVEMENTS PAGE: I of 1
CITY OF CORPUS CHRISTI DATE: 04/08/2005
5
AGENDA MEMORANDUM
DATE: April 7, 2003
SUBJECT: Minor Storm Drainage Improvements Sharpsburg Road
(Project No. 2167)
AGENDA ITEM:
Motion authorizing the Acting City Manager, or his designee, to award a construction
contract in the amount of $66,169.93 with Lowman Services, Inc. for Minor Storm Drainage
Improvements at Sharpsburg Road.
ISSUE: The proposed location is identified as a high priority location for storm drainage
improvements through the City's on-going Minor Storm Drainage Improvement Program.
Sharpsburg Road between Up River Road and Figueroa Street is determined a high
priodty project due to the damage created to private properties during heavy rain events.
FUNDING: Funding is available in the FY 2002-2003 Storm Water Capital Improvement
Budget.
RECOMMENDAT, ON'
Val~d~ Gray, P.~E..
Dire~br of Storm'Wat(
Staff recommends approval of the motion as presented.
· Department
r-.~Angel R. Escobar, P. E.,
Director of Engineering Services
Additional Support Material:
Exhibit"A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tabulation
Exhibit"D" Location Map
H:\USERS2\HOME~VELMAR/GENIWASTEWAT~?279~AGENDA MEMO
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Minor Storm Drainage Improvements- Sharpsburg Road
(Project No. 2167)
PRIOR COUNCIL ACTION:
1. December 17, 2002- Approval ofthe Fiscal Year 2002-03 Capital Improvement Budget
for $299,913,200 (Ordinance No. 025144)
PRIOR ADMINISTRATIVE ACTION:
1. March 11,2003 - Approval of an Agreement for Amhitect/Engineer Consultant Services
with Goldston Engineering, Inc. for a total fee not to exceed $24,463 for Minor Storm
Drainage Improvements at Sharpsburg Road.
BACKGROUND INFORMATION: The proposed location is identified as a high priority
location for storm drainage improvements through the City's on-going Minor Storm
Drainage Improvement Program. This is an annual program directed at remedying sites
with inadequate drainage facilities throughout the City. Numerous sites have been
identified by the City Council and City staff and improvements are being implemented
according to the severity of flooding and availability of funds. Sharpsburg Road between
Up River Road and Figueroa Street has been determined a high priority project due to the
damage created to private properties during heavy rain events.
PROJECT DESCRIPTION: The project consists of the excavation and grading of
approximately 1,450 linear feet of roadside ditch; removal of existing and installation of
approximately 200 linear feet of 24-inch to 30-inch roadway and driveway culverts, together
with seeding/sodding, pavement repairs, headwalls and culvert safety end treatments
associated with the work in accordance with the plans, specifications, and contract
documents.
BID INFORMATION: Bids were received on March 26, 2003 with four (4) bidders
submitting proposals. The bid proposal was set up with a Base Bid only. The bids range
from $66,169.93 to $130,688.16, with Lowman Services, Inc. submitting the Iow bid.
The bid proposal submitted by R. S. Parker Construction of Corpus Christi, Texas
contained an incorrect form to Bid Bond and is therefore considered a Non-Responsive
Bid. Lowman Services, Inc. of Robstown, Texas has satisfactorily performed work for the
City on other contracts and staff recommends a contract be awarded to Lowman Services,
Inc. in the amount of $66,169.93.
H:\USERS2\HOME~VELMAR\GEN\DRAINAGE~167~GENDA BACKGROUND
EXHIBIT "A"
Page 1 of 2
CONTRACT TERMS: The contract specifies that the project will be completed in 30
calendar days, with completion anticipated by June 2003.
FUNDING: Funding is available in the FY 2002-2003 Storm Water Capital Improvement
Budget.
H:IUSERS2~'HOME'~'VELMAR\GENIDRAINAGB~167~,GBNDA BACKGROUND
EXHIBIT "A"
Page 2 of 2
MINOR STORM DRAINAGE IMPROVEMENTS
SHARPSBURG ROAD
(Project No. 2167)
April 7, 2003
FUNDS AVAILABLE:
Storm Water CIP ............................................................ $104,732.93
FUNDS REQUIRED:
Construction (Lowman Services, Inc.) ................................. $66,169.93
Contingencies (10%) ...................................................... 6,600.00
Goldston Engineering ...................................................... 24,463,00
Major Projects Activity ................................................... 2,500.00
Construction Inspection Activity ....................................... 4,000.00
Printing ....................................................................... 500.00
Advertising ................................................................... 500.00
Total ........................................................................... $104,732.93
Tabulation of Bids
Tabulated
Department of Engineering - City of Corpus Christi, TX
Date:
3 31!28/03 By: Philip L. Boehk, P.E. Goldston Engineering
Project Name
MINOR STORM DRAINAGE IMPROVEMENTS- SHARPSBURG RD.
Pro 'eM No. 2167
Item Dei on OuaM Unit
I Remove Existing Culverts 7 EA
1 m com tenon:
Lowman Services, Ina
4233 FM 624
Robstown TX 78380
Unit Price Amount
$ 700,00 $ 4,90000
30 Calendar Days
Third Coeat Gen. Cont.
4307 S. Port, Bldg. 143
C ChristiTX
Unit Price Amount
$ 69000 $4&3000
E losersEstlmate:
DMB Cmratruction
4722 Neptune
Christi TX
Unit Pride I Amount
$ 42857 $ 2,99899
27 000.00
R.S. Parkes Construct.
485 Hereford Rd.
w TX
Unit Pfice Amount
$ 600.00 $ 4,200.00
2
24" Reinforced Concrete Pipe
148
LF
$ 54.06
$ 8,000.88
$ 42.00
$ 6,216.00
$ 83.20
$ 12,313.60
$ 50.00
$ 7,400.00
3
30" Reinforced Concrete Pipe
64
LF
$ 62.50
$ 4,000.00
$ 56.00
$ 3,51
$ 103.89
$ 6,648.96
$ 70.00
$ 4,480.00
4
Special Inlet
1
EA,
$ 16,589.00
$ 16,589.00
$ 2,360.00
$ 2,360.00
$15,039.00
$ 15,039.00
$ 8,480.00
$ 8,480.00
5
24" Safety End Treatment (3:1) Dual Pipes
4
EA
$ 300.00
$ 1,200.00
.00
$ 4,40r198*
,505.25
$ 6,021.00
$ 1,625.00
$ 6,500.00
6
24" Safety End Treatment (3:1)
8
EA
$ 300.00
$ 2,400.00
00
$ 8,800,394.63
$ 11,157.04
$ 1,000.00
$ 8,000.00
7
2' X 46' Special inlet Safety End Treatment
31
2
EA
$ 900.00
$ 1,800.00
00
$ 8,400,974.50
$ 3,949.00
$ 1,250.00
$ 2,500.00
8
Ditch Grading
1,451
LF
$ 7.25
$ 10,519.75
88
$18,68817.47
$ 25,348.47
$ 3.75
$ 5,44425
9
Driveway Repair at Special In lei
125
SY
$ 14.00
$ 1,750.00
00
12,600.00$
$ 5,37555.54
$ 6,942.50
$ 40.00
$ 5,000.00
10
Mobilization Insurance Bonds
1
LS
$ 4,000.00
$ 4,000.00
00
$ 6,470,567.00
$ 21,587.00
$ 5,500.00
$ 5,500.00
71
Barricades and Traffic Control
1
LS
$ 3,000.00
$ 3,000.00
0
$ 5,800,550.00
' $ 5,550.00
$ 6,000.00
$ 6,000.00
12
30" Reinforced Concrete Pipe Headwalls
2
EA
$ 2,000.00
$ 4,000.00
0
$ 5,200229.50
$ 6,459.00
$ 3,900.00
$ 7,800.00
13
Seeding
3,370
- SY
$1.19
$ 4,010.30
7
$ 2,594.1.98
' $ 6,672.60
$ 0.30
$ 1,011.00
Subtotal:
$ 66,169.93$82,7/8.$130,688.16
$ 72,312.25
Total Bid:
$ 66,169.93
$82,718.781
1
$130,688.16
a $ 72,312.25
Error in Extension - Total Corrected
4 Incorrect Form to Bid Bond - Non Responsive
J \PROJECT DATA C0RPUS\A03002-00 CM of CC Sbarysborg Road Drainage\11 BID DOCUMENTS\3003 331 Bid Tabulation. tls
Page 1 of 1
File :
CITY COUNCIL EXHIBIT
MT_NOR STORM DRAT. NAGE T. MPROVEMENTS DEPARTMENT OF ENGINEERING SERVICES
SHARPSBURG RO~ PAGE: I of 1
CI~ OF CORPUS CHRIST/, TEXAS DATE: 03-7-2003
6
AGENDA MEMORANDUM
DATE: Apdl 8, 2003
SUBJECT: Mary Rhodes Memorial (Lake Texana) Pipeline Corrosion Protection
(Project No. 8374)
AGENDA ITEM:
Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 2
to the consultant contract in the amount of $73,593.40, for a total re-stated fee of
$98,542.40, with Russell Corrosion Consultant, Inc. for the Mary Rhodes Memorial (Lake
Texana) Pipeline.
ISSUE: Approximately two years ago, the City through Russell Corrosion Consultants,
performed a stray current survey on 125 stray current test stations where intersecting
foreign pipelines were located. This resulted in initial remediation of 50 sites for stray
current.
With this Amendment No. 2, an additional 285 test stations not originally surveyed along
the Mary Rhodes Memorial Pipeline will be evaluated. This will indicate if pipe is corroding
and establish long-term baseline data for monitoring of corrosion. This testing may result
in future construction contracts for additional ramediation of stray current or soil induced
corrosion.
FUNDING: Funds for this project ara available in the Lake Texana to Corpus Christi
Water Pipeline Project.
?ENDATION: Staff recommends approval of the motion as presented.
, P.E. ~Z_ Angel R. Escobar, P. E.,
r Department ~ Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
H:/USERS2\HOME~VELMARIGEN/WATER/ONSI8374~AMENDMENT 2~AGENDA MEMO
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Mary Rhodes Memorial (Lake Texana) Pipeline Corrosion Protection
(Project No. 8374)
PRIOR COUNCIL ACTION:
1. October 9, 2001 - Motion authorizing the City Manager, or his designee, to execute
a construction contract in the amount of $312,000 with King-Isles, Inc. for cathodic
corrosion protection for the Mary Rhodes Memorial (Lake Texana) Pipeline (Motion
No. 2001-374).
PRIOR ADMINISTRATIVE ACTION:
1. April 16, 2001 - Approval of Small Agreement for Engineering Services
~n the
amount of $14,985 with Russell Corrosion Consultants, Inc. for the Mary Rhodes
Memorial (Lake Texana) Pipeline Corrosion Protection.
August 3, 2001 - Approval of a small agreement for right of way services acquisition
in the amount of $14,950 to Right of Way & Title Services, L.L.C. for the Mary
Rhodes Memorial (Lake Texana) Pipeline Corrosion Protection.
December 10, 2001 -Approval of Amendment No. 1 to the Small Agreement for
Engineering Services in the amount of $9,964, for a total re-stated fee of $24,949,
with Russell Corrosion Consultant, Inc. for the Mary Rhodes Memorial (Lake
Texana) Pipeline Corrosion Protection
BACKGROUND INFORMATION: After the 64-inch Mary Rhodes Memorial (Lake Texana)
Pipeline was constructed, a corrosion survey was performed at foreign pipeline crossings
along the 105 miles of pipeline. Fifty (50) sites required stray current mitigation to reduce
the corrosive influence of adjacent and crossing pipelines. This project is complete and it
will extend the life expectancy of this vital pipeline.
Russell Corrosion Consultants designed the fifty (50) stray current mitigation stations to
offset the electrical current being imposed by other intersecting pipelines. These stations
will be monitored as required, and measurements from the test stations will be gauged to
ensure the effectiveness of the systems in use, and prolong the durability and life
expectancy of the pipeline.
AMENDMENT NO. 2: Amendment No. 2 provides for a report of baseline survey of 285
pipeline test stations on the Mary Rhodes Memorial (Lake Texana) Pipeline. The purpose
of the survey is to obtain baseline pipe-to-soil potential data (AC and DC), soil resistivity
data, sampling of electrical continuity measurements, and to identify the presence, if any,
of stray current effects on the water pipeline from other DC current sources. The data will
H:\USERS2\HOME/VELMAR\GEN\WA"rERIONSI8374'~AMENDMENT 2~AGENDA BACKGROUND
EXHIBIT "A" 1
Page I of 2
be analyzed and conclusions with detailed recommendations will be prepared and
submitted in the project report.
Scope of Amendment No. 2 is as follows: 1. Project kick-off meeting to discuss the plan of action and overall project
schedule.
2. Voltage measurements at 285 test stations.
3. Electrical continuity and current flow measurements at a maximum of 49 IR drop
test station locations.
4. Data analysis and preparation of an engineering report.
5. Field engineering report presentation meeting to the Water Department by the
Project Manager.
FUNDING: Funds for this project are available in the Lake Texana to Corpus Christi Water
Pipeline Project.
FINAL PRODUCT: Provide a report of conditions along the pipeline, recommendations for
additional action, cost estimates, and timeline as required,
H:/USERS2~HOME\VELMAR~GEN\WATER\ONS\8374~AMENDM ENT 2~AGENDA BACKGROUND
EXHIBIT "A"
Page 2 of 2
7
AGENDA MEMORANDUM
April 15, 2003
SUBJECT: City Hall Water Intrusion Damage Claim
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an
agreement with Rimkus Consulting Group, Inc., of Corpus Christi, Texas in an amount not
to exceed $50,000.00 for claim support services related to City Hall water intrusion damage
analysis.
ISSUES:
Water intrusion and resulting damage has resulting in a claim being submitted to the City's
insurance carrier that requires further investigation and may result in litigation.
FUNDING: Funds for this project are available the Liability and Employee Benefits fund.
RECOMMENDATION: Approval of the motion as presented.
Jay~e~ng
Acting ~y Attorney
~r_.~'*L-'Angel R. Escobar, P.E.
Director of Engineering Services
Donna James
Director- Risk Management
Additional Support Material
Exhibit A: Background Information
Exhibit B: Contract Summary
BACKGROUNDINFORMATION
BACKGROUND: City Hall has suffered from a long history of water intrusion.
Facilities Management has kept a history of City Hall water intrusion problems,
systematically identifying the soumes of the problem and correcting wherever
possible. The water intrusion has caused damage and in some cased contrib-
uted to mold growth that required additional mitigation efforts.
A claim for damages due to water intrusion was filed with the City's insurance
carrier (TML). Additional inspections of the building were necessary to identify
the sources of water damage. C. Brock Thomas and Rimkus Consulting were
administratively authorized to proceed with initial inspections completed in De-
cember, 2002. Further inspections, presentation materials, and expert testimony
are likely to be required to support the City's claim.
CONSULTANT: Rimkus Consulting Group is a national company with a local
Corpus Christi office. The local office provided extensive assistance to the City's
in assessing water damage in various City facilities. They have extensive exper-
tise with indoor air quality and mold mitigation. They have also served as an ex-
pert witness with other City claims.
CONTRACT: The contract is for a total fee not to exceed $50,000. A summary
of the contract services is attached. See Exhibit B.
Exhbit A 1
Page 1 of 1
CITY HALL WATER INTRUSION DAMAGE ANALYSIS
CONTRACT SUMMARY
The City of Corpus Chdsti, Texas, hereinafter called "City" and Rimkus Consulting Group, Inc.
hereinafter called "Consultant", hereby agree as follows:
SCOPE OF SERVICES
The Consultant has or will to perform the services outlined:
BASIC SERVICES:
CiTY HALL - Water Damage and Mold Growth Survey
1. The Consultant will:
a. Inspect City Hall for sources of water intrusion;
b. Photographically document sources of water intrusion and water damage;
c. Provide graphic charts summarizing the sources of water intrusion;
d. Provide the number of damaged areas by sources of water intrusion;
e. Provide graphic illustration of of the building envelope by sources of water intrusion;
f. Document and provide graphic illustrations of soumes of water intrusion and damage
for each floor;
g. Provide photographic documentation of mold growth;
h. Provide photographic documentation of temporary measures to mitigate damages;
i. Provide a summary or conclusion of water damaged materials and mold growth;
2. Presentaton Materials: The Consultant will develop PowerPoint presentations, bdefing boards,
charts and graphics necessary to support presentations relating to water damage, mold growth,
and other findings.
Detailed Building Investigation: The Consultant will:
a. work with contractors to complete a more detailed investigation of water intrusion
damage;
b. develop a list of alternative methods of remediating water intrusion;
c. evaluate alternative repair methods;
d. make recommendations as which alternative repair methods are most applicable;
e. develop detailed cost estimates to compete the recommended corrective actions and
repair water damage; and
f. prepare a report documenting the detailed investigation and the findings of the
investigation.
Presentations/Expert Testimony: The Consultant will provide assistance during presentations
including:
a. travel to out-of-town presentation locations;
b. participating in presentations as requested by the City Attorney by;
i. presentation of findings;
ii. conducting presentations;
iii. making presentations; and
iv. providing expert testimony.
FEE
Fee for Basic Services Authorized. The City will pay the Consultant a fee not to exceed
$50,000.00 for providing services specified in Section II. The fees will be full and total
compensation for services and for all expenses incurred in performing these services.
Exhibit B
Page 1 of 1
8
AGENDA MEMORANDUM
March 25, 2003
SUBJECT: Acquisition of Parcels 33 & 34
Southside Water Transmission Main, Phases, 2a & 3
AGENDA ITEM: Motion authorizing the Acting City Manager or his designee to execute
a Utility Easement instrument with Richard L. Ocker, Donald A. Ocker, and A.D.D.
Corporation, a Texas corporation, in the amount of $47,500, for Pamels 47 and 48, both
necessary for the Southside Water Transmission Main, Phase 3, Project, (#8276), and
for other municipal purposes.
ISSUE: The current phases of the Southside Water Transmission Main (Phases 2, 2a, &
3) extending from County Road 36 to the South Staples Pumping Plant off of FM 2444.
This project requires the acquisition of 50 parcels containing utility and temporary
construction easements. Negotiations have concluded for the acquisition of Pamels 47
and 48 which contain approximately one mile of easements. The costs of these two
parcels have exceeded the $25,000 threshold and require City Council approval.
RECOMMENDATION: Approval of the motion as presented.
/~ngel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Prior Council Action
Exhibit C. Parcel Map
H:\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Ockers~Agenda memo.doc
BACKGROUNDINFORMATION
SUBJECT: Acquisition of Parcels 47 and 48
Southside Water Transmission Main, Phase 3
PRIOR COUNCIL ACTION: See Exhibit B
FUTURE COUNCIL ACTION: Council will be required to:
1. Authorize contracts and expenditure of funds from the Water Capital Projects Fund
(Commercial Paper) which exceed $25,000; and
2. authorize the acquisition of parcels whose cost exceeds $25,000; and
3. authorize the payment of the upcoming Special Commissioners' Awards for the
condemnation of any of these parcels.
OVERVIEW:
Background: The City is now completing the secondary phases of the Southside
Water Transmission Main. Phase 1 completed the route from the O.N.Stevens
Plant to CR 36, south of Clarkwood. The successive phases (Ph. 2,2a,3) will
extend the waterline to the South Staples Pumping Plant at FM2444 and CR43.
Urban Engineering was initially contracted for the design and engineering scope of
the project. However, their contract was amended to include title work, appraisals,
land acquisition and legal representation in condemnations. To date, Urban
Engineering and their subcontractor, Right of Way Services, Inc., have acquired 44
of the 50 parcels needed. One parcel remains to be finalized through negotiation
and five parcels are being set up for condemnation. Negotiations have concluded
for the acquisition of Parcels 47 and 48 which contain approximately one mile of
easements. The cost of these parcels have exceeded the $25,000 threshold and
require City Council approval.
Parcel Information:
Both parcels are located between County Road 20A and FM 2444 (S. Staples
Street) and front on County Road 43 right-of- way as shown on the attached Exhibit
C. Each parcel consists of 25-foot wide utility easement, which is approximately
2,640 feet in length and contains 1.52 acres. Acquisition also includes a 50-foot
wide temporary construction easement, also approximately 2,640 feet in length, and
containing a total of 3.04 acres. Both parcels combined make up approximately one
mile of utility easement and right-of-way. This land in consideration consists of
vacant farmland and is used for cultivation of crops.
Exhibit A
Paae I of 2
Each parcel was appraised by Thomas Dorsey, MAI and the combined appraised
value of $28,900 was offered to the landowners for both permanent and temporary
easements along with all crop damages. This offer was rejected and extensive
negotiations were held with the landowners in which condemnation was initially
recommended. However, continued negotiations with the owners for the
acquisition of both parcels resulted in an administrative settlement of $47,500. The
primary reasons to settle at this amount are as follows: 1) the critical time schedule
of this waterline project and the need to complete acquisitions; 2) the strategic
location of these parcels which would allow the contractor to begin boring under
FM2444; 3) the probability of paying a higher award in condemnation due to recent
land sales in the area; 4) bids have been received and a contract awarded to
Gamey Companies, Ltd. in January 2003 which creates a definite need for these
parcels in order to begin the pipe installation sequence; and 5) this amount of right-
of-way footage amounts to 8.7 % of the total linear footage which will increase the
present acquired linear footage from 76.3 % to 85% of the total. It is recommended
that it be in the best interest of the City to accept this settlement amount. Since
these are utility easement instruments, no title companies are required.
Exhibit A
Paae 2 of 2
PRIOR COUNCIL ACTION
SUBJECT: Southside Transmission Main, Phases 2, 2a & 3.
Parcels 47 and 48
10.
11.
12.
13.
14.
September 9, 1997 - Approval of a motion to amend Section 4 of the Master Water
Plan (M97-246)
September 9, 1997 - Approval of amendment of the City of Corpus Christi
Comprehensive Plan by amending the Master Water Plan (Ordinance No. 023050).
December 16, 1997 - Approval of the FY97-98 Capital Budget (Ord. No. 023174).
June 16, 1998 - Award of an engineering services contract in the amount of
$706,140 to Urban Engineering for the Southside Transmission Main - O.N. Stevens
Plant to Clarkwood Road (M98-208).
September 22, 1998 - Approval of Amendment No. 1 in the amount of $298,505
to the contract with Urban Engineering expanding the scope of engineering
services for the Southside Transmission Main - Stevens Plant to Clarkwood
Road project to include the Staples Street Pumping Plant - New Pumping Plant
and Storage Reservoir (M98-327).
September 9, 1998 - Approval of a Testing Agreement in the amount of $32,822.65
with Trinity Engineering Co. for testing services for Southside Transmission Main
- O.N. Stevens Plant to Clarkwood Road (M98-328).
November 10, 1998 - Approval of the FY98-99 Capital Budget (Ord. No. 023474).
March 23, 1999 - Approval of site selection and authorization to proceed with
acquisition (M99-078).
March 23, 1999 - Amendment to the FY98-99 Capital Budget to revise the scope
of the Staples Street Pumping Plant project by accelerating a portion of the South
Staples 42" Southside Transmission Main from the proposed Staples Street
Pumping Plant to Yorktown Road (Ord. No. 023592).
March 23, 1999 - Approval of Amendment No. 3 in the amount of $55,250 to the
contract with Urban Engineering expanding the scope of engineering services for
the Southside Transmission Main (Stevens Plant to Clarkwood Road Project):
Staples Street Pumping Plant - New Pumping Plant and Storage Reservoir to
include related additional engineering services for a 42-inch waterline from the new
pumping plant at South Staples and County Road 43 to the existing 16-inch
waterline near Country Creek (M99-079).
May 18, 1999 - Award of purchasing contract to A&H Enterprises for two horizontal
split case centrifugal pumps for Staples Street Pumping Plant, Contract 2 (M99-
142).
May 25, 1999 - Approval of condemnation proceedings for Parcel No. 1
M023645).
June 22, 1999 - Award of construction contract to Pre-Load, Inc. for Staples Street
Pumping Plant, Contract 1 - 7.5 Million Gallon Storage Reservoir (M99-189).
July 20, 1999 - Approval of FY99-00 Capital Budget (Ord. No. 023703).
Exhibit B
Page I of 3
15. September 28, 1999 - Award of construction contract to Garney Company, Inc. for
42" Waterline from New Pumping Plant at So. Staples and County Road 43 to
existing 16" Waterline Near Country Creek for Staples Street Pumping Plant,
Contract 4 (M99-342).
16. October 19, 1999 - Award of construction contract to Lambda Construction for
Staples Street Pumping Plant, Contract 3 - Pump Station and Site Work (M99-361).
17. April 11,2000 - Approval of acquisition of Parcel No. 21 for $16,535 in connection
with the Southside Transmission Main - Stevens Plant to Clarkwood Road project
(M2000-106).
18. April 18, 2000 - Authorizing the condemnation of Parcels 19,24,28,29, and 30 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024014).
19. September 9, 2000 - Authorizing the condemnation of Parcels 8 and 9 in
connection with the Southside Transmission Main - Stevens Plant to Clarkwood
Road project. (Resolution #024213).
20. September 19,2000 - Approval of acquisition of Parcels No. 19,24,28,29 and 30 for
$55,000 in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-332).
21. December 12, 2000 - Award of construction contract to Pate & Pate Enterprises for
construction of the new 60" waterline in connection with the Southside Transmission
Main - Stevens Plant to Clarkwood Road project for a fee not to exceed
$8,605,411. (Motion M2000-434).
22. December 12, 2000 - Award of a testing agreement with Trinity Engineering for
testing of the new 60" waterline in connection with the Southside Transmission Main
- Stevens Plant to Clarkwood Road project for a fee not to exceed $213,560.
(Motion M2000-435).
23. February 13,2001 - Approval of acquisition of Parcels No. 31a and 31b for
$28,291in connection with the Southside Transmission Main - Stevens Plant to
Clarkwood Road project (M2000-060).
24. April 17, 2001 - Motion authorizing the payment of the Special Commissioners'
condemnation award of $7,604 for the acquisition of Parcels 8 and 9 located south
of Callicoate Estates Unit 4 in connection with the Southside Water Transmission
Main project, Phase 1 - O.N. Stevens Plant to Clarkwood.
25. April 24, 2001 - Motion authorizing the City Manager, or his designee, to execute
An engineering services contract in the amount of $1,247,003.00 with Urban
Engineering for Southside Transmission Main, Phases 2, 2a & 3. (M2001-162)
26. June 25, 2002 - Motion authorizing the City Manager or his designee to execute an
amendment to an engineering services contract with Urban Engineering of Corpus
Christi, Texas in the amount of $454,125 for the Southside Water Transmission
Main, Phases 2,2a, and 3 and the Southside Gas Transmission Main, Parts B and
C. (M2002-180)
27. November 12, 2002 - Resolution recognizing the public necessity of acquiring utility
and construction easements for the Southside Water Transmission Main project,
Phases 2,2a,&3, for utility and other municipal purposes in connection with said
Exhibit B
Page 2 of 3
project; and authorizing acquisition by means of negotiations or eminent domain
proceedings by the City of Corpus Chdsti or its agents in acquiring said easements.
(Reso. No. 025086)
28. January 14, 2003 - Motion authorizing the City Manager, or his designee, to
execute a construction contract with Garney Companies, Ltd. of Kansas City ,
Missouri, for a total fee not to exceed $15,844,698.58 for the Southside Water
Transmission Main, Phases 2,2a,3.
29. March 25, 2003 - Motion authorizing the Acting City Manager or his designee to
execute a Utility Easement instrument with Rachel Cornelia Frazier, et al, in the
amount of $34,242.20, for Parcel 33, comprised of a Utility Easement and
Temporary Construction Easement, necessary for the Southside Water
Transmission Main, Phase 2a, Project, (#8389), and for other municipal purposes.
(M2003-115)
30. March 25, 2003 - Motion authorizing the Acting City Manager or his designee to
execute a Utility Easement instrument with Thomas D. Richardson, et al, in the
amount of $34,207.80, for Parcel 34, comprised of a Utility Easement and
Temporary Construction Easement, necessary for the Southside Water
Transmission Main, Phase 3, Project, (#8276), and for other municipal purposes.
(M2003-116)
\\CLSTRI_USERS2_SERVER~USERS2\HOME\EUSEBIOG\GEN~Agenda Items\SS Water Trans. Ockers\Prior Council
Action.doc
Exhibit B
Page 3 of 3
' :~ ~ " "-~"~--, --'~ ~
~o~o~ ~ ~ ~N~;
Southside Water Transmission Main Dep~ent of Engineering Se.ices~ Ci~ of
Parcels 47 and 48 Date: 04-10-03 ~ C~sti
Page: 1 of 1
City of Co~us Christi, Texas
EXHIBIT C
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 22, 2003
AGENDA ITEM:
Motion authorizing the Acting City Manager, or his designee, to execute an
engineering services contract with LNV, Inc. dba Smith, Russo & Mercer in the
amount of $510,000 for the O.N. Stevens Water Treatment Plant Analysis.
(Project #8426)
ISSUE:
Increased demand and regulatory requirements have resulted in the need for
comprehensive analysis of the O.N. Stevens Water Treatment Plant. This project
will provide for analysis of the current treatment capacity and make
recommendations for necessary future improvements.
FUNDING:
Funding for this project is available in the FY 02 -03 Water Capital Improvement
Program.
CONCLUSION AND RECOMMENDATION:
Approval of this engineering services agreement is recommended to begin an
(/,~~is of the O.N. Stevens Water Treatment plant.
Edu~ Garafia, P.E., /
Director of Water Services
[--~,~CL'Angel R. Escobar, P. E.,
Director of Engineering Services
Attachments:
Exhibit "A" Background
Exhibit "B" Contract Summary
Exhibit "C" Location Map
H:\HOME\LYNDAS\GEN\WATER\O.N. Stevens Water Treatment Plant\8426 - Sedimentation Basin #5\Memo. DOC
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: O.N. Stevens Water Treatment Plant Analysis (Project #8426)
PRIOR COUNCIL ACTION:
1. December 17, 2002 - Approval of the Fiscal Year 2002-03 Capital Improvement
Budget for $299,913,200 (Ordinance No. 025144).
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-
01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42
engineering firms (28 local and 14 out-of-town).
FUTURE COUNCIL ACTION: Approval of future design and construction contracts
necessary to complete the project as required.
PROJECT BACKGROUND:
The first phase of the O.N. Stevens Water Treatment Plant was originally constructed in
1954. Construction on the second phase of the plant was completed in 1984. This is the
City of Corpus Christi's only water treatment plant and serves the City and several
surrounding counties. Only various independent reports on portions of the chemical feed
at the plant have been done. There has not been a significant comprehensive analysis of
the entire plant and its processes since construction. This analysis will bring together in a
cohesive report, recommendations for improvements plus upcoming regulations amending
the safer drinking water act.
lEXHIBIT "A" l
Page 1 of 2
PROJECT DESCRIPTION:
This project will provide for a comprehensive analysis of the O.N. Stevens Water
Treatment Plant. Analysis of the plant is necessary to address regulator issues and meet
demand for future growth.
CONTRACT/FEE SUMMARY: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
Page 2 of 2
CONTRACT SUMMARY
O.N. STEVENS WATER TREATMENT PLANT ANALYSIS
1. SCOPE OF PROJECT: O. N. Stevens Water Treatment Plant Analysis
(Project No. 8426)
Increased demand and regulatory requirements result in the need for additional
treatment at O. N. Stevens Water Treatment Plant. Current funding will provide for an
analysis of the Plant. Construction will take place in the future.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design and survey services
necessary to prepare plans, Construction Bid and Contract Documents, as described in
EXHIBIT A. In addition, NE will provide monthly status updates (project progress or
delays, gantt charts (as requested) presented with monthly invoices) and provide contract
administration services, as described in Exhibit A and A-l, to complete the Project.
3. SCHEDULE
PROPOSED PROJECT SCHEDULE
DAY DATE ACTIVITY
Technical Memorandum/
Engineering Letter Report
Monday 4/21/03 Begin Technical
Memorandum/Letter
Report
Monday 6/20/03 Submit Draft Report on
Capital Improvements
Program to City
Monday 7/7/03 Submit Engineering Letter
Report on
Electrical/Automation
(Section 10A/B) to City
_Monday 7/21/03 City Review
Monday 7/28/03 Final Letter Report
Monday 8/11/03 City Review and Approval
Monday 9/22/03 Submit Draft Technical
EXHIBIT "B" 1
Page 1 of 3
Memorandum
Monday 10/20/03 Submit Final Technical
Memorandum
Monday 4/19/04 Submit Plant Hydraulic
Model Recommendation /
Tracer Study
Monday' 4/26/04 City' Review
Monday (2) 5/10/04 Submit Final Hydraulic
Model & Complete
Technical Memorandum
including CT Study and all
Recommendations (and
Engineering Letter Report
as an appendix).
4, FEES
Fee for Basic Services. The City will pay the NE a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A. 1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, A/E will submit monthly
statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon A/E's estimate (and City Concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the pement of completion of the construction
contract. City will make prompt monthly payments in response to NE's monthly
statements.
Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I.B. "Additional Services" the City will pay the
NE a not-to-exceed fee as per the table below:
Page 2 of 3
C. Summary of Fees
Fee for Basic Services Technical Total
Memorandum
1. Preliminary Phase $276,500 $276,500
2. Design Phase 0 TBD
3. Bid Phase 0 TBD
4. Construction Phase 0 TBD
Subtotal Basic Services Fees $276,500 $276,500
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable) TBD TBD
2. ROW Acquisition Survey TBD TBD
3. Topographic Survey TBD TBD
4. Environmental Issues TBD TBD
5. Construction Observation Services TBD TBD
6. Start-up Services TBD TBD
7. Warranty Phase TBD TBD
8. Provide SCADA Documentation TBD TBD
9. CT Tracer Study $53,000 $53,000
10. Letter Report on Electrical/Automation $180,500 $180,500
Sub-Total Additional Services Fees Authorized $234,500 $234,500
Total Authorized Fee $510,000 $510,000
Stage Two is to be determined at a future date.
IEXHIBIT "B" I
Page 3 of 3
N
San Pat~fclo County
NUECES 1~4Y
CORPUS CHRIS71 BAY
CITY PROJECT No. 8428
LOCATION MAP
NOT TO SCALE
EXHIBIT "C"
O,N,
STEVENS WATER TREATMENT PLANT ANALYSIS
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT
DE~R~ENT OF ~GIN~RING SER~CES
PAOE: 1 of I
DATE: 04- 10-200J
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 3118/03
AGENDA ITEM:
Item A: Motion authorizing the Acting City Manager, or his designee, to accept a grant in the
amount of $52,803 awarded by the Corporation for National and Community Service for the
Retired and Senior Volunteer Program.
Item B: Ordinance appropriating a grant in the amount of $52,803 awarded by the Corporation
for National and Community Service in the No. 1050 Federal/State Grants Fund for the Retired
and Senior Volunteer Program: and declaring an emergency.
ISSUE: This grant made available through the Corporation for National and Community Service
will provide enhanced funding to continue the Retired and Senior Volunteer Program. The fund
authorization will be for the period April 1, 2003 through March 31, 2004.
REQUIRED COUNCIL ACTION: Council authorization to accept and appropriate Federal grant
funds from the Corporation for National and Community Service to continue the Retired and Senior
Volunteer Program from April 1, 2003 through March 31, 2004. These funds must be formally
accepted and appropriated by the City Council.
PREVIOUS COUNCIL ACTION: On April 30, 2002, the City Council accepted m~d appropriated
Federal funds in the amount of $54,303 from the Corporation for National and Community Service.
This Council action authorized funding for the first year of a three-year continuing grant process.
FUNDING: The Corporation for National and Community Service is issuing a grant in the amount
of $52,803 in Federal funds to City of Corpus Christi which will provide matching funds in the
amount of $69,659.
CONCLUSION AND RECOMMENDATION:
Council authorization requested to accept and appropriate funds from the Corporation for National
and Community Service.
~[~)aniel L. Whitw~rt~, Direc(~
Park and Recreation Department
Attachments:
BACKGROUNDINFORMATION
BACKGROUND:
The Retired and Senior Volunteer Program has proven to be exceptionally beneficial to both
senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are
individuals 55 years or older who utilize their talents and experience to serve the needs of the
community. During the past grant period over 1,100 enrolled volunteers contributed over 11,000
hours each month through 96 different non-profit, health care proprietary, and governmental
agencies which includes the City of Corpus Christi, local hospitals, the Red Cross, Texas State
Aquarium, Nueces County Juvenile Justice Center and local school districts. During the FY 02
grant period over 132,000 hours were contributed to the community. Over 544 RSVP volunteers
worked in various City departments such as Police, Library and Park and Recreation, resulting in
an annual value of over $965,419 provided to the City of Corpus Christi.
Notice of Grant Award
Retired and Senior Volunteer Program
Corporation for National and Community Service
1999 Bryan St., Suite 2050
Dallas, TX 75201
Grantee
CITYOF CORPUS CHRISTI El/q: 746000574
1201 Leopard PO Box9277 Corpus Cl~risti TX 78469-9277
Award Information
Agreement No.: 02SRWTX033
Amendmenl No.: 1
CFDA No.: 94.002
Purpose
Project Period:
Budget PeHod:
Accounting Classiflcallon:
0410112002 -03/31/2005
04/01/2003 - 03/31/2004
2003-DVSA-P74-NSSC 61413 4101
The purpose of this award is to assist the grantee in candying out a national service programas authorized by the National and
Conraunity Service Act of 1990, as amended (42 U.S.C. § 12501 et seq.).
Funding Information
Previously This ~tardJ Total Current
Current Year ~arded Amendment Year
This Year
Total Obligated by CNCS $0 $52,803 $52,803
Grantee's Unobligated $0 $0 $0
Total Available $0 $52,803 $52,803
Cumulative Funding for Project Period
Total Awarded in Pmvlous Years
Total CNCS Funds Awatflcd to Date
$54,303
$107,106
Special Conditions/Other
Costs allowed under this grant are limited to those categories contained in signed application package dated February 12, 2003.
Grantee should submit current Indirect Cost Allocation plan by September 30, 2003.
Project nmst revise work plans to reflect 2003 Logic Model guidance fromNSSC and mast show evidence of these revisions no
later than Septerck}er 30, 2003.
Crantees shall prepare a Project Progress Report (CNCS-1020 for Senior Corps or CNS 1433 for AmeriCorps *VISTA) semi-
annually at the end of the 2nd, and 4th quartem of the budget period. The report shall be submitted to the Corporation Program
Manager no later than 30 days after the end of the designated reporting period.
Terms of Acceptance: By accepllng funds under Ihis granl, the Grantee agrees lo comply with all terms and conditions of
the granl that are on the Corpora0on's website at hllp://egrants.cns.gov/lermsandcondillons/RSVPTandC.pdf, all assurances
and cerllfications made in the Granl application, and all applicable federal slalules, regulations and guidelines. The Grantee
agrees to administer the funded Program in accordance with the approved Grant application and budge1(s), supporting
documents, and other representations made in supporl of the approved Grant application.
Corporation for National and Comnmnity Service:
03/17/2003
Signature Date
ORDINANCE
APPROPRIATING A GRANT IN THE AMOUNT OF $52,803
AWARDED BY THE CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE IN THE NO. 1050 FEDERAL/STATE
GRANTS FUND FOR THE RETIRED AND SENIOR VOLUNTEER
PROGRAM; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION t. That a grant of $52,803 awarded by the Corporation for National
and Community Service is appropriated in the No. 1050 Federal/State Grants
Fund for the Retired and Senior Volunteer Program.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and takes effect upon first reading as an emergency measure this the
day of ,2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa,
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: April 7, 2003
Lisa Aguilar
Assistant City Attorney
For City Attorney
11
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
April 15, 2003
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT IN THE AMOUNT OF $40,000 UNDER THE FY 2003
PRE-DISASTER MITIGATION PROGRAM TO DEVELOP A PRE-
DISASTER MITIGATION ACTION PLAN, WITH A CITY IN-KIND
MATCH OF 13,333 AND A TOTAL PROJECT COST OF $53,333.
ISSUE: The City has received an invitation to submit an application for the Pre-Disaster
Mitigation (PDM) Program from the Texas Department of Public Safety Division of
Emergency Management. The PDM provides funding to the local governments for cost
effective hazard mitigation activities that complement a comprehensive mitigation program,
and reduce injuries, loss of life, and damage and destruction of property. The PDM funds
maybe used to develop local multi-hazard mitigation acti..Q~ plans which meet the planning
criteria outlined in 44 CRF Part 201 pursuant to 322 o~th(~ Stafford Act. There is a 75/25
cost share requirement for PDM program funding. FI~MA/Will contribute up to 75 percent
of the cost of PDM activities approved for funding. Th~..~Spercent of the total eligible costs
will be in the form of in-kind or contributions to include volunteer services as part of the
non-federal share.
REQUIRED COUNCIL ACTION: Council Action is required for the approval of the
submission of the application..
PREVIOUS COUNCIL ACTION: None
FUNDING: The 25% percent local match will be through In-Kind services by staff
personnel from the Office of Emergency Management, Engineering Services, Water,
Wastewater, Storm Water, Gas and other City Departments attending meetings,
reviewing work and making recommendations.
CONCLUSION AND RECOMMENDATION: Staff recommends council approve the
resolution.
~ ~Fire Chief)
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO SUBMIT A GRANT APPLICATION TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY DIVISION OF EMERGENCY
MANAGEMENT, IN THE AMOUNT OF $40,000, UNDER THE FY 2003
PRE-DISASTER MITIGATION PROGRAM, TO DEVELOP A PRE-
DISASTER MITIGATION ACTION PLAN, WITH A CITY IN-KIND MATCH
OF $13,333, AND A TOTAL PROJECT COSTS OF $53,333
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or the City Manager's designee, is authorized to submit
a grant application to the Texas Department Of Public Safety Division Of Emergency
Management, in the amount of accept a $40,000, under the FY 2003 Pre-Disaster
Mitigation Program, to develop a pre-disaster mitigation action plan. The City will
provide a in-kind match of $13,333. The total costs of the project is $53,333.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 9th day of April, 2003.
R. ,~a'y~einin~
Acting City Attorney
Samuel L. Neal, Jr.
Mayor
R32912Al.doc
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 04/15/03
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
Coumy 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 properties.
CONCLUSION AND RECOMMENDATION: Staffrecommends that City Council approve the
proposed Resolution in order to place the properties back on the tax roll.
Lee A~ ~Dumbauid
Director of Financial 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 foreclosure 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 from this sale are distributed
pursuant to the property tax code. The net proceeds from each sale are first applied to pay off the
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. The City plans on acquiring four (4) of the properties for use in CIP
projects. The other taxing entities will be asked to consent to the sale of the properties to the City. If
they do not, the City will bid on the properties.
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
ITEM 1
Property location:
Property description:
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 2
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
Exhibit A
2102 Lipan, Corpus Christi, Nueces County
Vacant 1 acm commercial lot
.72 AC Rankin Tract & .34 Acre Kleberg Farm Tract
7115-0000-0265 & 0266
$49,241
$14,780
$2,470
Los Robles Drive, Corpus Christi, Nueces County
Vacant land with no access
4.58 Ac Lots I & 2, Section 6, Bohemian Colony
0847 -0006-0013
$22,900
$6,870
$1,150
ITEM 3
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 4
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 5
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
1709 Lexington Avenue, Corpus Christi, Nueces County
Vacant residential lot
Lot 14, Block 2, Citizens Addition
1593-0002-0140
$5,703
$2,380
$580
1-37 N @ Kennedy, Corpus Christi, Nueces County
Vacant lot
Lots 15,16 & W V2 of Lot 17, Block 3, Highlands Addition
3405 -0003-0150
$16,029
$4,810
$1,610
2000 Van Loan, Corpus Christi, Nueces County
Small frame house
Lots 21 through 24, Block 12, Hillcrest
3443-0012-0210 & 0230
$39,858
$14,000
$3,990
$184
ITEM 6
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 7
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 8
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 9
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 10
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
3706 Morgan Avenue, Corpus Christi, Nueces County
Vacant residential lot
Lot 29, Block 11, Austin Addition
0315-0011-0290
$9,503
$2,860
$960
$7,660.47
2809 Tarlton, Corpus Christi, Nueces County, Texas
Vacant residential lot
Lot 28, Block 2, Carver Addition
1390-0002-0280
$5,535
$1,670
$560
$194
3321 Washington., Corpus Christi, Nueces County, Texas
Vacant lot
Lot 6, Block 9, Harlem Park
3232-0009-0060
$12,853
$1,300
$1,290
-0-
2922 Carver, Corpus Christi, Nueces County
Vacant lot
Lot 7 Block "B", Dunbar Addition
2175-0002-0070
$5,650
$1,700
$570
614 22 Street, Corpus Christi, Nueces County
Vacant lot
W 50' of Lot 5 & 6 Block 11, Patrick Webb
9307-0011-0050
$20,964
$9,000
$6,290
$1,427.66
ITEM 11
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 12
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 13
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 14
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
1609 Mestina, Corpus Christi, Nueces County
Vacant lot
Lot 11, Block 3, Jones Addition
3795-0003-0110
$16,492
$3,390
$2,480
$450.80
1605 Mestina, Corpus Christi, Nueces County
Vacant lot
Lot 12, Block 3, Jones Addition
3795-0003-0120
$16,844
$3,390
$2,530
$539.14
1601 Mestina, Corpus Christi, Nueces County
Vacant lot
Lot 13, Block 3, Jones Addition
3795-0003-0130
$22,189
$3,900
$3,330
$574.59
500 Blk. King Street, Corpus Christi, Nueces County
Vacant lot
No. 65.8' of Lot 12- 16, Block 23, Chamberlain
1512-0023-0120
$6,173
$8,300
$1,860
$409
ITEM 15
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
1214 V2 - 1220 No. Staples, Corpus Christi, Nueces County
Commercial building
Lots 3 - 6, SE V2 Blk. E, Colonia Mexicana
1695 -0015 -0030
$53,284
$39,000
$15,990
ITEM 16
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 17
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 18
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 19
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 20
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
2322 Carolyn, Corpus Christi, Nueces County
Vacant lot
E ¥2 of Lot 6, Blk. 6, Cabaniss Acres
1185-0006-0060
$6,358
$8,500
$1,910
-0-
425 18t~ Street, Corpus Christi, Nueces County
Vacant lot
Lot 27, Jasmin Addition
3775-0000-0270
$2,016
$5,000
$610
$1,644.19
501 184 S~eet, Corpus Christi, Nueces County
Vacantlot
Lot28, Jasmin Addition
3775-0000-0280
$2,016
$5,000
$610
$1238.06
1724 Peabody, Corpus Christi, Nueces County
Vacant lot
Lots 11 & 12, Block 35, Hillcrest Addition
3443-0035-0110
$5,525
$12,000
$1,660
$410.80
2621 Alamo, Corpus Christi, Nueces County
Condemned building
Lot 6, Block 3, High Te~ace
3380-0003-0060
$4,456
$20,000
$1,340
$189
ITEM 21
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 22
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 23
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 24
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 25
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
712 Eleanor, Corpus Christi, Nueces County
Small frame house
Lot 50, Block 5, Seikel Addition
7891-0005-0500
$9,870
$6,6OO
$2,970
710 Eleanor, Corpus Christi, Nueces County
Small frame house
Lot 51, Block 5, Seikel Addition
7891-0005-0510
$6,500
$6,300
$1,950
$162.39
203 Tarlton, Corpus Christi, Nueces County
Vacant lot
Lot 11, Block 16, Southmoreland Addition
8284-0016-0110
$4,238
$11,000
$1,280
$8,452.48
1314 Morris, Corpus Christi, Nueces County
Vacant lot
Lot 4, Block 2, Morris & Mitchell Ext So. End
5410-0002-0040
$7,750
$10,000
$2,330
$5,467.09
242 Gibson, Corpus Christi, Nueces County
Vacant lot
Lot 11, Block 3, Abbott Addition
0001-0003-0110
$5,166
$10,000
$1,550
$2,936.06
ITEM 26
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
202 Osage, Corpus Christi, Nueces County
Vacant lot
Lot 35, Block 1, Meadow Park Addition
5000-0001-0350
$5,732
$12,000
$1,720
$3,466.61
ITEM 27
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
2930 Blake, Corpus Christi, Nueces County
Vacant lot
Lot 5, Block "B", Reynolds Addition
7193 -0002-0050
$4,595
$9,000
$1,380
$4,409.49
ITEM 28
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
2017 Coleman, Corpus Christi, Nueces County
Frame houses
Lots 8 & 9, Block 2, Wiess Addition
9630-0002-0080
$18,788
$17,500
$5,640
$12,487.36
ITEM 29
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
2509 Nimitz, Corpus Christi, Nueces County
Vacant lot
Lot 24, Block 8, La Arboleda
4032-0008-0240
$4,140
$10,500
$1,250
$7,691.74
ITEM 30
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
1813 Comanche, Corpus Christi, Nueces County
Vacant lot
Lot 7, Block 7, Paul Court
6463-0007-0070
$5,650
$12,500
$1,700
$7,615.12
ITEM 31
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 32
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 33
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 34
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 35
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
442 Airport Road, Corpus Christi, Nueces County
Vacant lot
Lot 31, Block 1, Coronado Addition
1795-0001-0310
$4,109
$10,600
$1,240
$5,789.58
3043 Buford, Corpus Christi, Nueces County
Vacant lot
E 1/2 of Lot 34, Block 1, La Paloma Addition
4062-0001-0340
$5,281
$14,500
$1,590
$10,132.58
3910 Navajo, Corpus Christi, Nueces County, Texas
Vacant lot
Lot 14, Block 4, Coronado Addition
1795-0004-0140
$4,000
$14,000
$1,200
$9,364.17
2022 Mary Street, Corpus Christi, Nueces County
Vacant lot
Lot 6, Block 7, H. E. Luter Partition
4625-0007-0060
$1,810
$8,700
$550
$5,505.57
629 25~ Street, Corpus Christi, Nueces County
Vacant lot
Lot 50, Juarez Addition
3837-0001-0500
$1,950
$6,500
$590
$3,770.20
ITEM 36
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 37
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 38
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 39
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 40
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
1121 Verbena, Corpus Christi, Nueces County
Vacant lot
Lots 21,22 & 23, Block I La Paloma Addition
4062-0001-0210
$5,493
$12,500
$1,650
$9,812.39
922 25th Street, Corpus Christi, Nueces County
Vacant lot
So. V2 of Lot 5, Block 1, Montmse Park
5324-0001-0050
$6,553
$10,000
$1,970
$3,173.26
225 Shawnee, Corpus Christi, Nueces County
Vacant lot
Lot 3, Block 10, Meadow Park
5000-0010-0030
$5,650
$9,000
$1,700
$1,126.86
3010 Chumhill Drive, Corpus Christi, Nueces County
Vacant lot
Lot 9, Block 6, Piueda Park Addition
6745-0006-0090
$11,500
$11,500
$3,450
$5,445.08
1457 So. Brownlee, Corpus Christi, Nueces County
Vacant lot
Lots 3 & 4, Block 1101 Bay Terrace #2
0481-1101-0030
$5,453
$10,000
$1,640
$11,691.90
ITEM 41
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 42
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 43
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 44
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 45
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
545 Hiawatha, Corpus Christi, Nueces County
Frame house with a metal building
Lot 1, Block 11, Austin Addition
0315-0011-0010
$18,593
$19,000
$5,580
237 Havana, Corpus Christi, Nueces County
Vacant lot
Lot 3, Block 10, Coronado Addition
1795-0010-0030
$8,000
$1,200
$4,172.82
2021 Van Loan, Corpus Christi, Nueces County
Vacant lot
Lots 5 - 7, Block 9, Hillcrest Addition
3443-0009-0050
$8,288
$10,000
$2,490
1919 Lexington Avenue, Corpus Christi, Nueces County
Vacant lot
Lot 5, Block 1, Shoreline Park
8013-0001-0050
$4,580
$9,000
$1,380
$13,629.46
2921 Kitchens, Corpus Christi, Nueces County
Vacant lot
Lot 6, Block 9, Carver Addition #2
1391-0009-0060
$3,287
$16,000
$990
$9,014.57
ITEM 46
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 47
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 48
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 49
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 50
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
6518 Birmingham, Corpus Christi, Nueces County
Vacant lot
Lot 11, Block C, Airline Subdivision #2
0063-0003-0110
$4,653
$15,000
$1,400
$9,827.83
6029 Leopard Street, Corpus Christi, Nueces County
Abandoned gas station
Lot l-B, Block 1, Industrial Heights Addition
3668-0001-0015
$35,792
$11,000
$10,740
$134
Lincoln @ Merrimac, Corpus Christi, Nueces County
Four vacant lots
Lots 1 - 4, Block 19, Central Park Unit 4
1495-0019-0010
$36,941
$24,000
$11,090
$359
Picture Court, Corpus Christi, Nueces County
Vacant lot with no access
Tract "B", Lot 27, Block "H", Flour Bluff Estates
2486-0008-0272
$4,737
$480
$24O
Picture Court, Corpus Christi, Nueces County
Vacant lot with no access
Tract "A", Lot 27, Block "H", Flour Bluff Estates
2486-0008-0270
$4,737
$480
$240
-0~
ITEM 51
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 52
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 53
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 54
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
ITEM 55
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
Picture Court, Corpus Christi, Nueces County
Vacant lot with no access
Tract "E", Lot 27, Block "Iq', Flour Bluff Estates
2486-0008-0028
$4,737
$480
$240
Picture Court, Corpus Christi, Nueces County
Vacant lot with no access
Tract "D", Lot 27, Block "H", Flour Bluff Estates
2486-0008-0026
$4,737
$480
$240
$3,110.91
842 Utica, Corpus Christi, Nueces County
Vacant lot
Lot 13, Block 2, Waldron Subdivision
9146-0002-0130
$4,906
$18,500
$1,480
$6,931.44
Flour Bluff and Encinal, Corpus Christi, Nueces County
Property has no access
.54 AC Lot 23, Section 49, Flour Bluff & Encinal
2476-0049-2330
$15,706
$10,000
$4,720
Picture Court, Corpus Christi, Nueces County
Property has no access
Tract D, Lot 3, Block H, Flour Bluff Estates
2486-0008-0036
$3,552
$1,070
$540
ITEM 56
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
Picture Court, Corpus Christi, Nueces County
Property has no access
Tract E, Lot 3, Block H, Flour Bluff Estates
2486-0008-0038
$3,552
$1,070
$540
$978.43
ITEM 57
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
McDonald Street, Corpus Christi, Nueces County
Vacant lot
Lot 15, Block 12, Flour Bluff Park
2540-0012-0150
$5,650
$1,700
$850
$3,655.33
ITEM 58
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
McDonald Street, Corpus Christi, Nueces County
Vacant lot
Lot 16, Block 12, Flour Bluff Park
2540-0012-0160
$5,650
$1,700
$850
$203.91
ITEM 59
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
400 Blk. Linnet Court, Corpus Christi, Nueces County
Vacant lot
Part of Lot 4, Block "G", Flour Bluff Estates
2486-0007-0042
$3,789
$5,200
$1,140
$2,864.45
ITEM 60
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
729 Cladde, Corpus Christi, Nueces County
Vacant lot
W 50' of Lot 2, Block 5, Flour Bluff Estates #2
2487-0005-0020
$5,891
$7,000
$1,770
$3,897.15
ITEM 61
Property location:
Property description
Legal Description:
Nueces County Appraisal DisUict Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
830 Roseanne, Corpus Christi, Nueces County
Vacant lot
Lot 18, Block 6, Waldron Subdivision
9146-0006-0180
$3,878
$6,000
$1,170
$306.78
ITEM 62
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
834 Roseanne, Corpus Christi, Nueces County
Vacant lot
Lot 19, Block 6, Waldron Subdivision
9146-0006-0190
$3,878
$6,000
$1,170
ITEM 63
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
838 Roseanne, Corpus Christi, Nueces County
Vacant lot
Lot 20, Block 6, Waldron Subdivision
9146-0006-0200
$3,878
$6,000
$1,170
ITEM 64
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
9061 Simon, Corpus Christi, Nueces County
Vacant lot
Lot 4, Block 3, San Juan Addition No. 2
7625-0003-0040
$2,160
$7,500
$650
$9,599.89
ITEM 65
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
909 Lolita, Corpus Christi, Nueces County
Condemned house
W V2 of Lot 15, Block 5, Laguna Acres
4100-0005-0150
$5,445
$16,000
$1,640
$5,023.21
ITEM 66
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
4709 Ban'era, Corpus Christi, Nueces County
Vacant lot
No. V2 of Lot 13, Block 6, Colonia Hidalgo Addition
1690-0006-0135
$6,100
$12,000
$1,830
$9,125.90
ITEM 67
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
946 Linda Vista, Corpus Christi, Nueces County
Vacant lot
Lot 35, Block 1, Washington Addition
9253-0001-0350
$6,478
$6,000
$1,950
$1,122.29
ITEM 68
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
4300 Blk. Barrera Drive, Corpus Christi, Nueces County
Vacant lot
So. 33' o£No. 67' of Lot 12, Block 6, Molina No. 2
5281-0006-0120
$4,026
$7,500
$1,210
ITEM 69
Property location:
Property description
Legal Description:
Nueces County Appraisal District Number:
Appraisal District value:
Judgment amount:
Minimum opening bid:
Amount due paving/demo:
4121 Theresa, Corpus Christi, Nueces County
Vacant lot
Lot 28-A, Block 6, Laguna Acres
4100-0006-0280
$11,600
$12,500
$3,480
$9,749.91
LINEBAKGER GOGGAN BLAIR & SAMPSON, LLP
500 NORTH WATER. STREET, SU1T'fl 1111
CORPUS CHRISTI, TEXAS ?~4V I
361/8S8-6898
FAX 361/$85-4405
March 19, 2003
Ms. Lcc Ann Dumbauld
Director of Fi~umce
City of Corpus Christi
1201 Leopard St.
CotlmS Christ[, Texas 7R401
R~: Proposed Tax Foreclosure Auction of ressle properties- Saturd~/, June 7, 2003
Dea~ Ms. Dumbauld,
As you are aware, we post many prol~'~ties for tax sale each year as pa~t of our overall
¢]~'OIt to collect thc delinquent t~xes duc to the City of Corpus Christ{, and our othe~ clientS in
Nueces County. Unfon'unately, many of these properties are "Struck OIT' to the taxing ~mlltles
when no one offers the amount of the ope.~ing bid at sale. We then solicit written bids for these
"Slruck Off" properties, and bring the resale offers bet'ore thc !,~xing entili~s for their
consideration.
At the present time there are over 350 properties on the Nucccs County Resale List. Many
of these a~e vacant lots in neighborhoods wh~e there is very little new building activity or
demand for vacaut pwpcrty. Although thc real estate market in Corpus Christi and Nueces
Cotmty h~ improved in recent years, our attempts to sell these properties through our te~lar
procedure have been unsuccessful. As long es these prol:~'x~es are offthc tax rolls, they produce
no revenue for the taxin~ entities and must bc maintained at the taxin~ entities' expense.
With this in mind we have clu~fully t~viewed thc inventory of tax resale p~ope~es in
Nueccs County to identify those !x0pertics which have been "Struck Off" the tax mils for mom
than six months, and on which thew are no offers pending. We propose to offer these properties
for ~le at a public auction on thc com~&ouse st~s v,4th a Iow opening bid. W~ ~lieve this i~ thc
best coarse of action to effect the sale of these propotties and return them to the tax rolls es
revenue producing.
Lee Ann Dumbauld
Mmch 19, 2003
Page 2
Enclosed herewith is a llst of/;9 tax resale propeflies, all located within the City of
Corpus Cluisl/. All of the properties mect the criteria of being "Slruck Off' the tax rolls for s/x
months or more with no offer p~ding. Of fl)~e 69 properties, 49 are being offered at r~ale
auction for the first time, and 20 of these properties have been carded o~er from eric or more
previous ~x resale auctions. We are asking the governing body of each ta~ing cntity, including
the City of Corpus Christi, to approve ihe sale o£the~e properties with an opening bid of 30% of
the mo~ i~ccnt tax apprai.~l value for the 49 properties being offered at resale auction for thc
fir~ time, and 5% to 1~% of the tax appre/sal valuc for the 20 cany-over pwpex/ies that d/d not
sell ia previous y~ar~ resaic auctons, based on ~he length of time that each of th~c car~y over
properties has bccn sUuck offthc tax rolls. For properties s~ruck off in 1999 or prior yea~, we
are proposing an opening bid of 5% of tl~ mos~ recent ~x appraisal value, 10% of thc most
recent tax appraisal value fo~ prope~ies struck off in 2000, and 15% of thc most recent tax
appraisal value for properties slruck off ia 2001. Additionally, wc are proposing that any of the
carry ove~ properties ',hat d~ not ~ell at ~ auction, be immediately re-offered for sale by the
auctioneer at half of thc original opening bid, so that we have made every reasonable effor~ to
We plan to start our advertising campaign awund May 1' and conduCt the public auction
on June 7, 2003. Therefore we ~ requcat that you place this item on your governing
body's agenda for the next available mcedng. We will be presom to explain the proposal and
ur~wer any questions.
The taxing entices approved similar public auctions of tax resale properties in 1990~
1996, 1999, 2000, 2001 and 2002, which were successful in ~:urning a large number of
prol~rties to the tax mils. We expect to achieve comparable results with this proposal.
Your courl~sy and cooperation in this matter axe g~atly appreciated. As always, if you
have qu~lions regarding any of the above, please do no~ hesitate to contact me at your
¢otlvel]ieac~.
13
CITY COUNCIL
AGENDA MEMORANDUM
April 15, 2003
AGENDAITEM:
Ordinance appropriating $225,613.26 in interest and miscellaneous earnings in various
bond funds as detailed in the attached Schedule A to close funds and pay outstanding debt
service; amending the FY 2003 Capital Budget adopted by Ordinance No. 025144 by
increasing appropriations by $225,613.26.
ISSUE:
Proceeds from bond sales are placed in project-specific funds which earn interest and are
subsequently used for project completion or debt service. In the case of old bond funds
listed in Schedule A, interest earnings will be used for debt service. Revenue must be
appropriated prior to expenditure. These bond funds will be closed when remaining bond
proceeds and interest are transferred to debt service.
REQUIRED COUNCIL ACTION:
Interest earnings and miscellaneous revenue must be appropriated prior to being used for
debt service.
CONCLUSION AND RECOMMENDATION:
Approval of Ordinance as submitted.
M~r'l~ L. M~dani~
Director of Management and Budget
Attachments: Ordinance
Schedule A
ORDINANCE
APPROPRIATING $225,613.26 IN INTEREST AND
MISCELLANEOUS EARNINGS IN VARIOUS BOND FUNDS AS
DETAILED IN THE ATTACHED SCHEDULE A TO CLOSE
FUNDS AND PAY OUTSTANDING DEBT SERVICE; AMENDING
THE FY2003 CAPITAL BUDGET ADOPTED BY ORDINANCE
NO. 025144 BY INCREASING APPROPRIATIONS BY
$225,613.26; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION I. That $225,613.26 in interest and miscellaneous earnings is
appropriated in various bond funds as detailed in the attached Schedule A to
close funds and pay outstanding debt service.
SECTION 2. That FY 2003 Capital Budget adopted by Ordinance No. 025144 is
amended by increasing appropriations by $225,613.26.
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 CITYOFCORPUSCHRISTI
Armando Chapa,
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: April 10, 2003
Lisa Aguilar
Assistant City Attorney
For City Attorney
INTEREST AND MISC. EARNINGS TO BE APPROPRIATED
SCHEDULE A
Bond FUND Remaining Interest Misc. Amount to be Transfer to Fund
Series No.(s) Balance Earned Earnings appropriated No.
w � �
1990-A 3355 6,600.55 12,885.48 0 12,885.48 2010 (Debt Svice.)
1992 3356 0 5,531.65 0 5,531.65 2010 (Debt Svice.)
subtotal $ 6,600.55 $ 18,417.13 $ - $ 18,417.13
1992 3285 33.02 3,854.75 8,175.90 12,030.65 2010(Debt Svcs.)
1995-B 3287 13,001.86 21,528.31 0 21,528.31 2010 (Debt Svice.)
subtotal $ 13,034.88 $ 25,383.06 $ 8,175.90 $ 33,558.96
1989 3071 0 $ 2,570.59 0 $ 2,570.59 2010 (Debt Svice.)
1994-A 3120 1,451.67 0 0 0 2010 (Debt Svice.)
1996 3072 242,557.69 7,074.27 248.00 7,322.27 2010 (Debt Svice.)
subtotal $ 244,009.36 $ 9,644.86 $ 248.00 $ 9,892.86
General
3530 N/A 89,892.15
63,680.50
153,572.65
2010 (Debt Svice.)
1990-A
3535 0 4,072.53
0
4,072.53
2010 (Debt Svice.)
1992
3536 15.00 5,703.19
0
5,703.19
2010(Debt Svice.)
subtotal
$ 15.00 $ 99,667.87
$ 63,680.50 $
163,348.37
INTEREST AND MISC. EARNINGS TO BE APPROPRIATED
SCHEDULE A
Bond FUND Remaining Interest MISC. Amount to be Transfer to Fund
Series No.(s) Balance Earned Earnings appropriated No.
1990 3486 0 395.94 0 395.94 4410 (Debt Svice.)
subtotal $ $ 395.94 0 $ 395.94
Total $ 263,659.79 $ 153,508.86 $ 72,104.40 $ 225,613.26
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: _April 15, 2003
AGENDA ITEM #1: Ordinance authorizing the Acting City Manager, or his designee,
to execute a one-year lease with Czech Heritage Society, A non-profit corporation, for
the use of the Jalufka-Gavatos House located in Heritage Park, and in consideration of
the Czech Heritage Society of South Texas maintaining the premises and
improvements; providing for severance; and declaring an emergency.
ISSUE: The contract with the Czech Heritage Society has expired. The Czech Heritage
Society was an original tenant of this home in Heritage Park.
REQUIRED COUNCIL ACTION: Approval of lease agreement.
PREVIOUS COUNCIL ACTION: Council approved a ten (10) year lease with the Czech
Heritage Society in May 1992.
CONCLUSION AND RECOMMENDATION: Staff recommends that the contracts be
approved for the stated amount of years on the contract, which is three years or less.
D'~iel L. Whitworth, Direct(~.
Park & Recreation DepartmenU"
Attachments:
LeaseSummaries
Contract Summary
PARTIES:
TERM:
AGREEMENT:
City of Corpus Christi Park & Recreation
Czech Heritage Society of South Texas
One-Year lease agreement
Lessee will establish an administrative office for the
corporation and provide meeting rooms for activities
of the Lessee and other organizations.
PAYMENT TERMS: For each of the twelve months of this
Lease, Lessee must pay City a monthly lease payment of
$270 per month, payable on or before the 5th day of each
month during the entire term of this Lease and any Holdover
Period that may occur.
Payments must be made to the order of the City of Corpus
Christi and mailed to the City Collections Department, P. O.
Box 9257, Corpus Christi, TX 78466 or delivered to City Hall
at 1201 leopard Street, Corpus Christi, TX 78401.
OTHER: Lessee shall be open to the public and operate the
Premises, at a minimum, for a period of at least four (4)
hours per day for three (3) days per calendar week excluding
holidays.
Lessee grants to Parks the right to continue public tours
through the Premises.
Lessee agrees to maintain one furnished room that has been
restored to reflect the time period when the house was
originally constructed. This room will be open to the public
during Lessee's regular hours of operation.
Lessee will pay for own electrical and telephone services.
Lessee will maintain interior and the City will maintain
exterior of building.
Lessee shall provide the Superintendent with keys to the
premises and a current list of names and phone numbers, in
case of an emergency.
Cg,W1NDOWS\TEMP\3-Jalufka House Contract Summary.doc
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE-
CUTE A ONE-YEAR LEASE WITH THE CZECH HERITAGE SOCI-
ETY OF SOUTH TEXAS, A NON-PROFIT CORPORATION, FOR THE
USE OF THE JALUFKA HOUSE LOCATED IN HERITAGE PARK AND
IN CONSIDERATION OF THE CZECH HERITAGE SOCIETY OF SOUTH
TEXAS MAINTAINING THE PREMISES AND IMPROVEMENTS; PROV-
IDING FOR SEVERANCE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a one-year
lease with the Czech Heritage Society of South Texas, a non-profit corporation, for the
use of the Jalufka House located in Heritage Park and in consideration of the Czech
Heritage Society of South Texas maintaining the premises and improvements. A copy
of the lease, including exhibits that aro attached to and incorporated into the lease, is
on file with the City Secretary.
SECTION 2. If, for any roason, any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of the City Council that every section, paragraph, subdivision, phrase,
word and provision hereof shall be given full force and effect for its purpose.
SECTION 3. 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
APPROV,[D:/~pri110, 2003
Bill'Ainswo~th ~
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: _April 15, 2003
AGENDA ITEM #1: Ordinance authorizing the City Manager, or his designee, to
execute a three-year lease with Irish Cultural House, for the use of City Property, to
with: Ward-McCampbell House in Heritage Park, to operate as an office for the Irish
Cultural House.
AGENDA ITEM #2: Ordinance authorizing the City Manager, or his designee, to
execute a three-year lease with NAACP, for the use of City Property, to with: Littles-
Martin House in Heritage Park, to operate as an office for the NAACP.
ISSUE: The contracts with the Irish Cultural House, Inc. and the NAACP have expired. All
of these organizations were the original tenants of the homes in Heritage Park. The
contracts are being renewed for three years.
REQUIRED COUNCIL ACTION: Approval of lease agreements.
PREVIOUS COUNCIL ACTION: Council approved a ten (10) year lease with the NAACP
and the Irish Cultural Society in May 1992.
CONCLUSION AND RECOMMENDATION: Staff recommends that the contracts be
approved for the stated amount of years on the contract, which is three years or less.
I~niel L. Whitworth~ Direc~r,,j~
Park & Recreation Departmer~
Attachments:
LeaseSummaries
Contract Summary
PARTIES:
TERM:
AGREEMENT:
City of Corpus Christi Park & Recreation
The Irish Cultural House, Inc.
Three-Year lease agreement
Lessee will establish an administrative office for the
corporation and provide meeting rooms for activities
of the Lessee and other organizations.
PAYMENT TERMS: For each month of this Lease, Lessee
must pay City a monthly lease payment of $400 per moth,
payable on or before the 5th day of each month during the
entire term of this Lease and any Holdover Period that may
OCCUr.
Payments must be made to the order of the City of Corpus
Christi and mailed to the City Collections Department, P. O.
Box 9257, Corpus Christi, TX 78466 or delivered to City Hall
at 1201 leopard Street, Corpus Christi, TX 78401.
OTHER: Lessee shall be open to the public and
operate the Premises, at a minimum, for a period of at
least four (4) hours per day for three (3) days per
calendar week excluding holidays
Lessee grants to Parks the right to continue public tours
through the Premises.
Lessee agrees to maintain one furnished room that
has been restored to reflect the time period when the
house was originally constructed. This room will be
open to the public during Lessee's regular hours of
operation.
Lessee will pay for own electrical and telephone services.
Lessee will maintain interior and the City will maintain
exterior of building.
Lessee shall provide the Superintendent with keys to the
premises and a current list of names and phone numbers, in
case of an emergency.
C:\WINDOWS\TEMPWiXLibDir\I-Irish House Contract Summary.doc
Contract Summary
PARTIES:
TERM:
AGREEMENT:
City of Corpus Christi Park & Recreation
H. Boyd Hall Branch of the NAACP
Three-year lease agreement
Lessee will establish an administrative office for the
corporation and provide meeting rooms for activities
of the Lessee and other organizations.
PAYMENT TERMS: Lessee agrees to pay City a lease
payment of $185 per month, payable on or before the 5th day
of each month during the entire term of this lease.
Payments must be made to the order of the City of Corpus
Christi and mailed to the City Collections Department, P. O.
Box 9277, Corpus Christi, TX 78489, or delivered to City Hall
at 1201 Leopard Street, Corpus Christi, TX 78401.
OTHER: Lessee shall be open to the public and operate the
Premises, at a minimum, for a period of at least four (4)
hours per day for three (3) days per calendar week excluding
holidays.
Lessee grants to Parks the right to continue public tours
through the Premises.
Lessee agrees to maintain one furnished room that
has been restored to reflect the time period when the
house was originally constructed. This room will be
open to the public during Lessee's regular hours of
operation.
Lessee will pay for own electrical and telephone services.
Lessee will maintain interior and the City will maintain
exterior of building.
C:\WINDOWS\TEMP\2-Litdes-Martin House Contract Smrmaary.doc
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE-
CUTE A THREE-YEAR LEASE WITH THE IRISH CULTURAL HOUSE,
INC., A NON-PROFIT CORPORATION, FOR THE USE OF THE
MCCAMPBELL HOUSE LOCATED IN HERITAGE PARK AND IN
CONSIDERATION OF THE IRISH CULTURAL HOUSE, INC. MAINTAIN-
ING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVER-
ANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a three-year
lease with the Irish Cultural House, Inc., a non-profit corporation, for the use of the
McCampbell House located in Heritage Park and in consideration of the Irish Cultural
House, Inc. maintaining the premises and improvements. A copy of the lease, including
exhibits that are attached to and incorporated into the lease, is on file with the City
Secretary.
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of the City Council that every section, paragraph, subdivision, phrase,
word and provision hereof shall be given full force and effect for its purpose.
SECTION 3. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXE-
CUTE A THREE-YEAR LEASE WITH THE H. BOYD HALL BRANCH
OF THE NAACP, A NON-PROFIT CORPORATION, FOR THE USE
OF THE LITTLES-MARTIN HOUSE LOCATED IN HERITAGE PARK
AND IN CONSIDERATION OF H. BOYD HALL BRANCH OF THE
NAACP MAINTAININGTHE PREMISES AND IMPROVEMENTS;
PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLI-
CATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager, or his designee, is authorized to execute a three-year
lease with the H. Boyd Hall Branch of the NAACP, a non-profit corporation, for the use
of the McCampbell House located in Heritage Park and in consideration of the H. Boyd
Hall Branch of the NAACP maintaining the premises and improvements. A copy of the
lease, including exhibits that are attached to and incorporated into the lease, is on file
with the City Secretary.
SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a coud of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of the City Council that every section, paragraph, subdivision, phrase,
word and provision hereof shall be given full force and effect for its purpose.
SECTION 3. Publication will be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
16
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
April 4, 2003
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 PERMITSlBEACHFRONT 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
EFFECTIVE DATE; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The titles of Appendix V, VIII, and XI to the City of Corpus Christi, Texas,
Dune Protection and Beach Access Regulations, Chapter 10, Beachfront Management
and Construction, Code of Ordinances, is revised to read as follows:
CHAPTER 10
BEACHFRONTMANAGEMENTAND 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 Permits/Beachfront 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~Reser~
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Appendix Xl 31 TAC Chapter 31 1__5 (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.
Departmentmeans the Department of Dl,~nr,;r,,-~ _nd" Development Services of the
City of Corpus Christi, Texas.
Dune comp/ex 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.
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 multiplyin.q 50 years by annual historical erosion rates (based on deter-mined
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, ¢lround- evel
pavin.q, landscaping, open recreational facilities (for example, pools and tennis
courts), or other similar features.
R32810A3.doc
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Master plan means a plan developed by the applicant in consultation with th~,
General Land Office, the Office of the Attorney General, and the local
government, for the development of an area subject to the beach/dune rules, ax
identified in 31 TAC 15.3 (relating 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, drawings, and tables, and other information,
as needed. The master plan must, at a minimum, fully describe the ,qener,ql
qeoloc~v and geography of the site, land and water use intensities, size and
location of all buildings, structures, and improvements, all vehicular and
pedestrian access ways, and parking or storage facilities, location and design of
utility systems, location and design of any erosion response structures, retaining
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 degree 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 containing maps, drawings,
narrative, tables, and other information about the proposed use of specific land
and/or water including descriptions of uses and use intensities, building and/or
site improvement locations and sizes, relationships between buildings and
improvements, vehicular and pedestrian access and circulation systems, parking,
utility systems, storm water management and treatment systems, qeoqraphv.
cleolo(~v, impact assessments, regulatory-approved checklist, and phasing.
Information in the master plan may be conceptual or detailed depending on the
status of its regulatory approval.
Material changes means chanqes 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 chan.qes are those additional or unanticipated chanqes,
which have caused or will cause adverse effects on dunes, dune vegetation, or
beach access and use, or exacerbation of erosion on or adjacent to the
construction site.
Planninq Director means the Assistant Director of Development Services, whn
has also been desiqnated as Planninq Director of the City of Corpus Christi, or
the Planninq Director's designee.
Retaining wall means a structure designed to contain or which primarily contains
material or prevents the sliding of land. Retaininq walls may collapse under the-
forces of normal wave activity.
R32810A3.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 c!mi!=r ct:to cr fcd:r=! ~r:cc other desiqnated 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-a~m,sies, 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.
/k~,_, Master planned development is authorized within the city's incorporated area and
extraterritorial jurisdiction (ET.J).
(1) 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, ~nd 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
subject 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).
R32810A3.doc
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b. Before the General Land Office can certify the ordinances authorizinR a
master planned development, the General Land Office will publish notice
of its proposed certification in the Texas Re,qister, accept public comment,
and publish its final action in the Texas Re.q ster.
(c) (b) Applications for master planned development ordinances shall be submitted to
the department cf '-~'-""; .... ,~ ,~ .... ~ ..... *
(1) Minimum application requirements are the same as those required for a
concurrent dune protection permitJbeachfront construction =.",d certificate
applications (§ 15.3.s.(4) of the General Land Office Rules for Management of
the Beach/Dune System, 31 TAC §§ 15.1--15.10).
~ Within thrcc (3) twenty (20) working days, the ~Plannin,q Director
shall review the application for completeness. Any additional information needed
to complete the application shall be provided by the applicant before the
depactment-Plannin,q Director forwards the application to the General Land Office
and the Attorney General's Office.
(3) Once the ~pa~mt-Plannin.q Director determines that the application is
complete, it-the PlanninR Director shall so advise the applicant and notify the
applicant of the scheduled,.'-~-'-'-;'-'-~ ccm,.m.'cs,,cn.! ' Concurrent Beach/Dune
Committee meeting.
~ Within thrcc (3) ten (10) days of determining that the application is complete
the department-Planning Director shall forward the completed application to the
General Land Office and the Attorney General's Office for review.
(5) Within tem(-10~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 ~Plannin,q Director shall forward
copies of the completed application, the State's comments, and City staff's
recommendation to the .4.....~.... ccmmicc!on Concurrent Beach/Dune
Committee.
(6) The application will be scheduled at the next available regularly scheduled
~. ......... ~ cc~'m:sc',c,". Concurrent Beach/Dune Committee meeting (five (5) to ten
(10) working days).
(7) The ,. ......... ~ ............ on Concurrent Beach/Dune Committee shall submit its
recommendation on the application to the City Council.
(8) 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.
R32810A3doc
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(c) Within five (5) working days of the passage of the ordinance, the ~
Planninq Director shall submit the approved ordinance to the General Land Office and
the Attorney General's Office. The General Land 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
,..~,,,....="~""";"" ccmm!sc!c.~ 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 ,4 .......
..... ,. .......... pcrm=t cr beachfront construction
certificate or concurrent dune protection permit/beachfront construction certificate.~
application, the applicant is encouraged to confer with the Planning Director's
~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, existing drainagew=ys patterns, existing and proposed utilities, etc.
(1) (b) In order to obtain a beachfront construction certificate, the applicant shall make a
beachfront construction certificate application, as outlined in Section 10-19(c) and
Appendices V.A. and V.B, iflf-the proposed construction (includinq a dune walkover)
and the following three conditions are met:
(1) Is seaward of the Beachfront Construction line.
R32810A3doc
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(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 tho
proposed construction, but a dune protection permit is not required. !~ ,".ct
................... . ...... ,- ......................... ,- ......... o~"",., cr
......... ~' .............. , .....~ ....... ~3)' ~h~ ~.~ --~li..*;..
.... ~ .................................................................... d in
(2) (c) Potential applicants proposing construction seaward of the dune protection line
may submit descriptions of proposed construction to the Planning Director v, ~. ......... g
3,-,d dove!cpmcnt 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 Plannin,cl Director cf "~"'-"; .... '~ .~ .... ~ ....
, ~- ......... ~ .......... ,.. ,,..nt shall determine whether
the construction requires a dune protection permit under these regulations or the
· "~ "~""";"" - ......... ~.,. ,~nt may refer the application to the
Planning Director ~, ~. ......... ~ .-...~ .~ .... , ....
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 Plannin,q Director of p!"".",,".!ng -"nd
devek)ffme~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 (!) ""nd (2) (b) and (c) above are not applicable, an full application
for a concurrent dune protection permit/beachfront construction cer[ificate, 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
depactme~ Plannin,q Director. ~^~;*~-;.. *~--~ ~ ..... ~-~...- .~ .... +~-...~.......*......., ..h...,
........ ~.~. ................. ~ .......... .~.,qy ...........
~.,~...~.°~*~"". tc the ~- ~... ..... ,... ~. ~ ..-, ~ ~-~ ,~ Off!cs~.,~ ~-.~ tho . ^- ...~,.,~ ...... ~- ~.,~,.~, ~ ..... ~,o m~;~.. ~.,,~... r~.~.. ~.,~.. tho
............................................................... ~ ...... ~.~. .............. I bu
R32810A3.doc
8
-,.~.,;..,~,; ..... , .... a.~;,;.~..~ ;,~ .... *;,-,. ~ ........ *...~ ~... +~... r,~,~,-~;,~o~ A flow chart
of this application process is illustrated in Appendix V.._~D.
,.,~A' (e) Within three (3) working days of receipt of a beachfront construction certificate
application or concurrent dune protection permit/beachfront construction application, the
l~Plannin.q Director shall review the application for completeness.
~ If an application is incomplete, the Planning Director ef-Plam:~-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.
(5) fi) An application shall be considered complete when information requested by
Planning Director has been provided.
/re, v, (.q) Within &-five (5) days of determining that the application is complete the
I~a~mt-Planning Director shall fo~tard the completed application and associated
information to the General Land Office and the Attorney General's Office for review.
(h),,/'~, W!th!r, !9 ..... ..~.,....~;"" '~._,v ..... ~,~ ,~v,.,,.~;";"" 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) working days after the
beachfront construction certificate application was sent to the General Land Office and
Attorney General's Office for review r, cr
_~.~. .................... , the-r~""~'+"'""*~._,.,, ,v, ,. Planninq Director shall4~
· ' reviewthe completed application, the State's comments 3P, d.
(1) The Planninq Director may issue the beachfront construction certificate, if the
Planninq 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.
R32810A3doc
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 existing structures that encroach on the public beach.
d. Does not include a retaininq wall or impervious surface (if the proposed
construction is within 200 feet landward of the vegetation line).
(2) However, the Planninq Director shall forward the application1 the State's
comments, and the City staffs recommendation to the Concurrent Beach/Dune
Committee, if the Planning Director finds that the proposed construction;
a. May be seaward of the Erosion Area Line, Erosion Area Restriction
Line.
b. May be located on an existing 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. May functionally support or depend on, or otherwise relate to a
proposed or existing structures that encroach on the public beach.
d. Includes a retaining wall or impervious surface and is within 200 feet
landward of the veqetation line.
e. Includes a dune walkover which will not be constructed under the dunP.
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 certificate, if
any, or in any case not sooner than eleven (11) workinq 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
DepactmeRt-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.
(i) ......... 5 .......v,,.,, ,~';"'- '~"J~ ..... v,¢ ...v....,,,~;";"" 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 permit/beachfront
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.
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(8)-(k) Within three (3). working days of the date the Planninq Director or Concurrent
Beach/Dune Committee takes final action on an application, the Depa~mer~Planning
Director shall notify the applicant whether the perm!t cr concurrent dune protection
permitJbeachfront construction certificate or beachfront construction certificate was
approved or denied and what conditions, if any, were required by the Committee.
(!0) I.(D_Notice of public hearings for Dune,D'"*""*;"",.....v.,v,, ,D"'"~;*"v,,,,,.~ .-,,..""'~ concurrent dune
protection permits/beachfront construction certificates or beachfront construction
certificates apphcabons ........... m ..... '~ ....... ;*~' ~'-. ! 0 !9 before the Concurrent
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 Planninq Director.
(b) All of the required information shall be submitted with the application before th~
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), thc.
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 legal descr pt on of the tract and a statement of its size in acres or
square feet;
(3) A description of the proposed construction, including 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 height 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 foltowin,q:
R32810A3.doc
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a. Lega description of the tract, including, where applicable1 the
subdivision, block, and lot designations.
b. Location of the property lines and a notation of the legal description of
adioining tracts.
c. 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, 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 seawails 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 adjoining the tract.
f. Location of the Beachfront Construction Line, Dune Protection Line,
Ve,qetat on Line, Erosion Area Line or Erosion Area Restriction Line, mean
high tide line, and mean Iow tide line.
g. Location of any existinq beach access ways that are located either on
the property or adjacent to the tract.
h. Location of any future beach access ways, based on elements of the
City's Comprehensive Plan, includinq the Transportation Plan or
applicable area development plan, that are located either on the property
or adjacent to the tract.
i. Location of any existinq or proposed dune walkovers on the tract
.................. ), a concurrent dune protection
permitJbeachfront construction certificate1 the applicants shall submit ten (10) copies of
the concurrent dune protection permit/beachfront construction certificate application. All
.~.* ..... .~ *-. *~ .... ..--...* ,.,~+~..., ,+ -~,.,~.... ~.,, ,~.~ r-..,~.,-,.~**..~ 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;
R32810A3.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;
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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 followin.q items and information, the applicant shall, in addition, submit a
copy of a topo.qraph cai survey (two-foot contour intervals) of the site;
~'~,~, (e) For all proposed large-scale construction, the applicants for either a beachfront
construction certificate or a concurrent dune protection permitYbeachfront 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) ft')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:
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(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 p!=.-..-.!.-.~, =.".d dcvc!cpm=.-.t Department) and the activity's potential impact on
coastal erosion; and
(d) (2) A copy of the FEMA "elevation certificate."
,..,"~' (.q) For all proposed construction (large- and small-scale), the de~
,. ......... = .......... ,. ....... Plannm.q 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_~,.,~,n'-'-'-'+"~"*,,, ,.., .. cf P!~nn:ng ~.""'~.~ ...... ,. ....... Plann~nq 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:
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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
adopting the master plan issucnce cf the permit cr ccrtific'-tc
(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 - ten-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.
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(k) 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.
(l)-(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, gas, mechanical, or plumbin.q 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.
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(e) Except for a master planned development project, every permit or certificate, which
requires the platting of property or issuance of a building, electrical, ,qas, mechanical, or
plumbing permit, becomes invalid unless the plat, if required, is filed and any required
building, electrical, ,qas, mechanical, or plumbing permit obtained within six (6) months
of the issuance of the permit or certificate.
(f) Every permit or certificate for a master planned development proiect, which requires
the platting of property becomes invalid unless the plat is filed within six (6) months of
approval of the permit or certificate.
(.q) 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 if
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.
(a) The '~-~'-~'~'~'-'-* --~ "~'~-; .... '~ '~ .... ~ ..... * Planning Director shall 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 dcpc."t, me.qt Planning Director shall keep the administrative record for three (3)
years from the date of a final decision on a permit or certificate. The depa~tme~
Planning 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 def~agame~
Planning 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.
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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 beam 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
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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
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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 pre-existing dunes and dune vegetation so that affected
dunes will be superior or equal to the pre-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 area;
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
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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:
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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 of the 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
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compensation, in the form of an irrevocable letter of credit, performance
bond, or any other instrument acceptable to the city.
h. Permittees shall notify the Department cf plcnnlng end dcvelcpmcnt in
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.
k. The deportment cf p!cnning and dcve!cpm:nt Planninq 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 depa~-ment-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);
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(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. ~
· '. Several beach accessways are on property owned and operated as
parks or nature areas ha':~ be~n ded!c~t~d tc cr ~. ......... by Nueces County or have
been constructed on State or Federal lands, All beach accessways are located within
the City of Corpus Christi ................ onalj.~. ...... ,.....v.....'~'"*'"",, except Beach Access Road
#1, which is within the City of Port Aransas.
(c) In accordance with V.T.C.A., 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.
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.................................... The City has acquired acres of land
adjoining and landward of the seawall for construction of a public parking lot for at least
300 park nR spaces.
SECTION 14. Section 10-55, Code of Ordinances, is revised to read as follows:
Sec. 10-$5. Post-storm assessment.
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.
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 desiqnated 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 durin.q high use periods, such as
during Sprinq Break, holiday weekends, and special events.
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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
"~ "'""";"" ~ ......... ~ ....... of any
the General Land Office and the Department v, ,. ......... ~ '~--~ '~ .... , ..... +
discernible change in the erosion rate caused by the project.
SECTION 18. 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.
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SECTION 21. Article VI of Chapter 10, Code of Ordinances, is amended by adding
Section 10-66 read as follows:
Sec. 10-66.-Reserve~. Vessel operatin.q from Gulf beaches restricted.
(a) No person may operate a vessel, includinq, but not limited to a motorboat, sailboat,
personal watemraft, kayak, windsurf board, or kite-surf board, on the Gulf of Mexico
landward of the outer most line of breaking waves, within 50 feet of any other vessel,
person, stationary platform or other object, except at headway speed;
(b) No person may operate a vessel on the Gulf of Mexico within 1,000 feet of the
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 bein.q
towed may en.qa.qe in water-skiin.q, surfooardinR, or similar activity that endan.qers the
life or property of any person.
(c) No person may operate a personal watercraft from a beach on the Gulf of Mexico in
the followinq manner or under the followin.q circumstances:
(1) Unless each person riding 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 engine
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 aqe
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 watercraft
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 boatinq
safety 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 his the vendor's business~
and no vendor shall may vend, on any beach within the City along the Gulf of Mexico
shoreline or on the seawall except 3s fc!!cwc: under the special re.qulations in this
section.
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(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 ~*~' ..... .~;,~..,.~ ~ ..... ,~ ..........~..r~ ~.,, ^,.;..~.., ..~ r.~.....,...
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 fronting on the
Gulf of Mexico, taking into account the following factors:
a. Primary h~stoncal use ......... 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 cbc!! may be assigned in conjunction with
the issuance of any vendor permit, under this aA~:.le-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.
mmA¥~cf~. No vendor assigned to a designated fixed vendor site ch=I!
may vend in or at any other location on the Gulf beach or seawall, ex~
unless the vendor has a permit for the as~additional fixed vending
site.
s~tes ......may be limited in size and number in
(3) Designated fixed vendor '
accordance with the considerations established in~.~...,_=,o' '~- ........ _,.,,~-/~, ~/.., -'~ *.hk.','
~..,-~,-~.,, subdlws~on (1) of th~s subsection.
~, ................ ~ ......... ~-~, ....... ~ ....................... ~/ ~. thio
see, tie~ 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.
6eP~,~-b~ 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
R32810A3.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 lengths and
temporarily relocate designated fixed vendor sites on Gulf beaches as necessary
during construction work related to the North Padre Island Storm Damage
Reduction and Environmental Enhancement Project and during any beach
nourishment operations.
(7) The Director of Parks and Recreation may temporarily relocate designated
fixed vendor sites on Gulf beaches as necessary during beach festivals, if the
designated fixed vendor sites will interfere with the routing or control of vehicle
traffic.
(8) The followinq types of vendinq activities may be permitted at the designated
fixed vendinq sites:
a. Bait and tackle sales.
b. Food and beverage sales.
c. Sale or rental of beach amenities, such as suntan lotion1 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 desiqnated fixed vending site, the vendor must recognize and not
interfere with the rights of beach users to brin.q to and use their own personal
property and equipment on the public beach, including, but not limited to,
umbrellas and chairs, regardless of whether the personal property or equipment
consists of items sold or rented by the vendor.
(10) Notwithstandinq subdivision (9) of this subsection, a vendor who has ~
permit to lease vessels, including personal watercraft, sailboats, windsud boards,
and kite sail boards, at a designated vessel launchinq and recovery site shall:
a. Clearly mark the boundary of the vessel launching and recovery area
with flags on the shoreline and buoys in the water.
b. Place the last set of buoys beyond the outermost breaking 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 leaving and returning from the beach,
R32810A3.doc
30
d. Instruct any person who rents a vessel from the vendor on th~.
regulations in Section 10-66.
(11) Vendors, who lease vessels, may not in any manner restrict free access tn
the public beach and to the waters of the Gulf of Mexico by other vessel ownem
and operators. While a vendor has the exclusive right 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 leaving or returning to the beach, a vendor, whn
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 using the public
beach. The vendor may direct individuals who are in the water within the vessel
launchinq and recovery site to leave the site when a vessel is leavinq or returning
to the beach.
(13) Vendors may not service or fuel vehicles or vessels on the beach or in thP.
Gulf waters, unless the vendor has a vehicle or vessel servicinq 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 vending unit shall restrict, obstruct, or interfere with
vehicles operating 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 cleaninq
operations.
(20) Vendors must take the following actions to control litter that may be created
from their operations including the following:
a. The vendor shall provide at least one trash receptacle at the
designated fixed vending site, which must be removed from the beach by
the vendor within thirty (30) minutes after the vendor has ceased vending
activities at the end of each business day.
R32810A3doc
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b. 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 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
durinq the business day.
d. It is the duty of the vendor to prevent any litter on the designated fixed
vending site and to keep litter from beinq 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 litter and other waste collected by the vendor or placed in the
vendor's trash receptacles must be properly disposed of.
.q. 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 arranqe 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 sh=!! may restrict, obstruct, or interfere
with other vehicles operating on a Gulf beach.
R32810A3.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.
(6) (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 fu,~he~equipped with caution signs on the front and back
ale[ting 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 vendinq units may not vend within an area designated as a fixed
vending 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:
R32810A3doc
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. Such 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:
R32810A3.doc
34
Sec. 10-88. Indirect Costs and Accounting.
(a) No more than 10% of beach user fee revenues shall be expended on reasonable
ind~re~-administrative costs related to beach-related services, including costs
authorized in Section 10-87.C.1 and 2.
/"~x--/._..vv~..: .... * ..- ....... ~.,...,.v_;'~'~ .,.;" In 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 ...... , ,~, 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. 10-114. 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:
R32810A3doc
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) Ade~The applicant must provide procedures and safeguards to keep
people attending the beach festival from damaging the dunes and dune
vegetation.
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
buildinqs, 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 shcw that 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 agree to reimburse the City for any costs incurred by
the City, including, 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 Manager, or the City Manager's
designee.
R32810A3.doc
36
SECTION 29. Section 10-116, Code of Ordinances, is amended by adding a new
subsection (c) to read as follows:
Sec. 10-116. Review and processing of applications.
(c) Within 3 days of determininq 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 the
State's comments, if any, if received at or before the public hearing 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. 10-118. 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 dune
vegetation;
(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 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
R32810A3.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.
R32810A3doc
That the foregoing ord,~,,a..p.~c,e was rea~fo_.r t,he. fi~'st,time and passed to its second
reading on this the~ "Uay of (/{.,r,.,V'M.-JLM ,2003, by the following vote:
Samuel L. Neal, Jr. ~ ~ Bill Kelly
Brant Chesney ~,~ ) Rex A. Kinnison ~~_..~..,~
Javier D. Colmenero ~ ~ Jesse Noyola ~,~
Melody Cooper ~ ~ Mark Scott
Henry Garrett ~ ~
That the foregoing ordinance was r-ead 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
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2003.
Armando Chapa
Ci~ Secretary
APPROVED: 3rd day of April, 2003:
Samuel L. Neal, Jr.
Mayor
By:
R32810A3.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 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 OF
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
c, .... ~"h=.'t ~"- ^""~;""°;"-' o ...... ~... m .... P.'ctcct!c.".
Per..-n.!t er -9.c=chf.-c.-.t Cc.".=tr'-'ct!c.-. Cc.'t!fic=tc Flow Charts
and Application Forms for Beachfront Construction
Certificates and Concurrent Dune Protection
Permits/Beachfront 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-(Rese~
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
That the foregoing ord~..c~, was re~l for the~rst time and passed to its second
reading on this the _~-z~day of ( ~ ,2003, by the following vote:
Samuel L. Neal, Jr. ~),~(~l Bill Kelly ~
Brent Chesney ~ 0.~ Rex A. Kinnison ~
Javier D. Colmenero ~ Jesse Noyola ~
Melody Cooper ~ Mark Scott ~
Henry Garrett ~ ~
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
PASSED AND APPROVED, this the
ATTEST:
,2003 by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
__ day of
,2003.
Armando Chapa
City Secretary
APPROVED: 3rd day of April, 2003:
R ~ einin"g
Acting C~ty Attorney
Samuel L. Neal, Jr.
Mayor
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 years to build out, If
approved. Master Plans eliminate the need to separate dune protection permits and beachfront
construction certificates for lots covered by the Master Plan. Master Plans are valid for 10 yearn
from the effective date of the ordinance that adopts the Master Plan.
Pre-submission ·
Conference
Full application submitted to the Director.
The Director detemlines if application
complete.
20 workino dav$
Application Incomplete
The Director:
1. Makes Preliminary Determination;
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
The Director receives
GLO/OAG comments, if any.
10 - 15 working days
The Director forwards to Beach / Dune
Committee
1. Complete Application;
City Staff Recommendation; and
3. State agency comments if any.
Beach/Dune Committee makes a recommendation.
1 - 21 working days
City Council takes action on ordinance. Ordinance
submitted to GLO/OAG for approval.
R32810B1ApplV.doc
20-25 working days
GLO/OAG publishes the ordinance first,
then certification in the Texas Register.
90 - 120 working days
Approval Pro~ess 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 I
BEACHFRONT CON$¥~LICTION CERTIFICATER
R32810B1AppV.doc 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
Pre-submission
Conference
Full application submitted to the Director. The
Director determines if application is complete.
3 workino 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 existing or future beach access?
3. Does not functionally support or depend on proposed or existing
structures that encroach on the public beach?
Does not include a retaining wall or impervious sur~aca within 200
feet of the vegetation line?
5 wo~kin(~ days to answer Questions 1 thru 4
IIf 1 thru 4are NO
Submit application and preliminary
determination to GLO/OAG
10 workino days
Notice to surrounding
property owners
11 to 24 workino days
IIf I thru4 are YES
Submh~ application and
preliminary determination to
GLO/OAG
10 workino days
Director Issues
Certificate
Committee issues /
denies certificate.
15-29 workinq days
Approval to Working Days ! Copy to
Process
23
71
J
GLO/OAG
R32810B1AppV.doc V- 2
Applicant's name:
APPENDIX V.B.
BEACHFRONT CONSTRUCTION CERTIFICATE
APPLICATION FORM
BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION
(BCCA)
Applicant's address:
City:
Applicant's phone number:
Property Owner's name:
State: ZIP:
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.doc 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:
R32810B1AppV.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 n 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 I
Conference
I Applicent submits descripti°e °f I
proposed construction
·
Director determines if proposed constr~ction:
I Is landwerd of the Dune Prote~ion Line
,~ No
2. is an exempted use?
3. Is a prohibited use?
Permit not required.
Letter of findings to
GLO / OAG.
No
Adversely affects critical dunes or dune vegetation?
5 workin(~ days to answer Questions 1 - 4
Yes
Applicant required to submit
Application for concurrent dune
protection permit and
beachfront construction
certificate Appendix V.D.
. P
ermit not
required.
Yes ~ Permit not
required,
Yes ~
~-~---il~ Use not permitted.I
Letter of findings to
GLO/OAG.
Questionable
Beach / Dune Committee determines if it
I
adversely affects critical dunes or dune
vegetation
6 - lldavs
~i If no, permit not
required.
if yes, permit
required.
Approval Process 5 to 20 Workin(~ Days I
R32810B1AppV,doc V- 6
APPENDIX V.D.
CONCURRENT DUNE PROTECTION PERMIT !
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.
I§ g°c;'°Tnt app''cat'°n'ubm'tted t° t
Director detem~ines application complete.
3 workino days
Director forwards to General Land Office
and Office of Attorney General:
1. Completed application; and
2. Preliminary deten'nination.
5 workino days
Director receives GLO/OAG
comments, if any.
10 workino days
Director fon~ards to Beach / Dune
Committee
1. Complete Application;
2. City Staff Recommendation; and
3. State agency comments, if any.
15 - 24 workina days
Beach / Dune Committee holds
public hearing / takes action.
6 - 30 workinq days
Copy to
GLO/OAG
Approval Process 40to 80 Working Days
Application Incomplete
Notice to Property
Owners within 200
Feet
R32810B1AppV.doc V- 7
APPENDIX V.E.
CONCURRENT DUNE PROTECTION PERMIT/BEACHFRONT CONSTRUCTION CERTIFICATF
Applicant's name:
APPLICATION FORM
CONCURRENT DUNE PROTECTION PERMIT/
BEACHFRONT CONSTRUCTION CERTIFICATE APPLICATION
(CDPPBCCA)
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:
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,doc 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 ether 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.
R32810B1AppV.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 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 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- 12
APPENDIX VII!
INTERLOCAL AGREEMENT WITH IN THE CITY OF PORT ARANSAS AND NUECES COUNTY
RELATING TO THE MUSTANG AND NORTH PADRE ISLANDS BEACH PARKING PERMIT SYSTEM
AND
COUN~ OF NUECES
cofl~ore~k~, ~nd the County o~ Nue~s CC~u~'). ~cn ~ whi~ ~ a p~
WHEREAS, ~ b the d~ a~ r~pons~liN of ~e ~tm~io~m ~u~ of any*~un~
~S, ~ch o~ ~ pa~ ~ th~ ~e~l ~tion ag~ ~ in pla~
Page 1 of 8
R32810B1AppVIILdoc
ATTACHMENT C
WHERF_AS, *,he ~ener~J Land O~fice has adopted regul~tiorts in Se~ 15.8 of T~le
31, Tex~ ~nblm~ C~, t~ ~ ~e imp~it~ of beach u~ ~ea by I~al
W~8, ~ction15.8(b) ~ ~lle 31, Texas Ad~lstrat~e C~e. r~uim~ I~1
govemm~s ~ ~bl~h a state~prov~ sy~m ~r r~l~o~ty ~ ~es and f~
~I~ns ama~ the distant I~1 g~mment~ a~tho~ I~ che~e ~a~ user
WHEREAS, ~e es~llshment of a s~tem 3f ~ u~r ~ r~ipro~i~ is a condll~o~ of
sta~ ~proval of Io~1 d~e pmte~ and D~ e~ass p~ns;
Now, there~ the Pa~i~ hereto m~l~ agree as foll~:
I MUSTANG AND ~ PA~E I~S B~CH P~KI~ ~IT
SYS~. T~ M~a~ and ~ P~ lala~s ~a~ P~ng Pe~
("Bea~ Pa~l~ Pe~it System') p r~as a un,fi~ sys~ f~ the ~suan~.
s~. enfant, and ~ ~i~m~l r~n~ ~ bea~ ~[~
stickers ~h~ t~ ju~cti~ ~ Co.us Christi. P~ A~n~, a~ ~n~
Reven~ from ~ ~ ~lng ~ s~ers will ~ u~ tu Im~ ~y
~ the ~st of ~ov~b~ b~-relat~ s~ i~rr~ by t~ ~ee J~lcGons,
l i. PArTICIPAnT ~NDING. The ~'ci,~ ~e~ E~ B~ch Paf~.~ Permit Syslum
~lt ~ ex~vely from t~ baac~ ~a~ing Fe~it sale ~enuea. ~e
revenues r~N~ w~l be dbtr~ed to ~ pa~ bas~ ~ the li~ar b~ch
fr~e of ~ ~ch pa~ ~ r~nsib~ for ~iR~im~ un~r State ~. Any
bea~o6 ~[n F~ral or S~ pa~ ~11 be excl~. A~nt A ql~ t~
d~ ~ pa~ ~ feasible f~ os ~ ~ ~e of t~ agree~nt. ~ will be
u~ at ~ ~e of any ~u~ cl~nges. A~chm~! B is a colleen of
m~s showi~ the ~e and flee ~i~ e~s ~thin ~a~ juri~imion.
Ill AUTHORIZATION FOR FUNDING.
Corpus Christi. Port Amnsas, and County each separately certif~ that the
TAC 15.B
beach-related service~.
IEle~ch-related serwces are defined as reasonable and necessary
services and facilities d,r~eU¥ rel~ed to the public beach which ere
I~ovided to the public to ensure safe use of and access to end from
the publ,c beach, such as vehicular controls, management, and
pa~icng [including acquisition and maintenanoe ol' off-beach parking
and access ways); san tat~n and INter c. on~rol; life guarding and
lifesaving; busch maintenance; ~aw enforcement; beach
nourishment proiects; beechfdu~e system education; beaclt/dur~e
Page 2 of 8
R32810B1AppVIII.doc VIII-2
protec~n and restoration P'ojects; providing public factiities sUCh
aa restroerns, showers, Iockem, equipment ~entaPe, and picnic
For each fiscal year, a loc, al government shall not spend more than
COSts CIIrectly related Ia r~..ach-releted servtee~, Each locat
goveTnme~t shag ~ quarterly report~ to the General Cartel Office
stattn§ the amount of beach user fee revenues collested and
iternb, illg how beach user fee reven,~es are expenc(ed. The General
Land Cffice may prescribe reporling for'~s or metho(fs. I he
General Lend Off'~ce shall suspend the local government's privilege
have been spent on serv~c-,es which am not beach-re~ated Reports
State fiscal year,
B Corpus Chr'~st~, Port Aransas. and County each separately certify that
paymerxts made antler this Agreement will be made from current
ID, The parties I'urtt~e~ mutua!ly agree that t'ce Iouc~get far thR Reach P~kino~
Permi[ System shall be set by tPm re~'esentafives of all parties to this
agreement designa~c[ in Section V of this agreement.
STAN~)ARO O~ERATING PROCEDURE~. The pari;~es agree that the Be.'~ch
Pa,'king Permit System shall be operated undo. Ihs b'~tandard Operat[rlg
~. The SOP may be amer~de~P by ftfle representatives of adl parties i:o
agreement desicjnated ~n ~ectio~ V Of ~L~ agreement with the cDrlsent
their governiqg' bodies.
The cles~gnated representatives o1 the parties shall per[ocilr,.~lly review the
methods used for the sale. ef be. ach parking pe~its end make
reoommel14:letJons on whether beach parian9 peanut fees r~eed lo be
provide the rec~ired beach related ssrvlces by the parties.
Page 3 of 8
R32810B1AppVlll.doc VII 1~3
Vt.
DESIGNATED REPRESI=N~'ATIVES. The f~lr.~.,~;~U ufficiais, a~d 1heir
SUCCaSSOre in olflce, are Ule designsl~d ;epra~'~tatlves of the ps,lies authorize(J
to approve amendments to the SOP'
David R. Garcla, City Marager
Tom BreWs, City Manager
Ricf~,ard M. Borchard. County Judge
A. City of Corpus Christ
B CHy of Port Aransas
C. N uae'u= County
RF__-~PONSIBILITIE$.
Each party t~ this agreement shall make any necessary changes t~ beach
fee previsions of their dune protection and beach access plans that are
~ecessaty to irrtl~ement th;a agreement, and submit the amendments for
review approval to tva Taxes I and Comm~ioner and Attorney General
es requ~nad by section 6'1.011 ~ 61,015 o~the Texas Nato~al Resource
Code srKI 3t TAC 15.8(e),
El Except as provided in paragraphs 1 and 3 of this subseclion, each par'(y
shall ~ly recognize Beach Parking Permit System stickers, as described
in ,Section I of this Agmernent. within their respective jurisdiefinn
1 Each path/shall recognize file r~ht of any party itc sell beach
parking p=rrelt sticker's ~.'~at were acquired by Ihe party prior rc~
Febr~ary 22
2, Each party with an existing stock of ~arking st ckem will provide the
other ps,ties with information on the numbe, cf' parking permit
stickers in 'their inventn~/on Fobreary 22, 2002.
3. Pe'~d~g General Land Office appn:>val si' any required
amendments to a perys~ dune protection end
beach access plans relating to beac. h park ng permit f~es, and
before the untrod system goes into effect, each p~lly shall
recognize any existing coach parking permit st[~.k.~r L~,sued by one
of the par~es until the beach parking permit expires,
C. Except as preva:le~ fo~ in this agreement ar the SOP. each pa~ will be
re. sponslbla for enfercemRnt of the beach parking p~Tnits within their
jurisdictior~.
D, The partms shell mel~e reaaO~abl¢ effo,t tu maintain re table Operations of
the Beach Parking Fan. it System. But the parties assume ~
responsibility for unavoidable system failures, equipr~en~ failure's, or late
nctificati~r~ by a oaHyto Ibis agreement. A pal~'s liability itl any ev~.nt
shall be solely limited to direct I~'s o! a,~y Fe= revenues arising from the
par,ye negligence, a~d shall not be !table far any' consequ.nhal losses,
Page 4 of 8
R32810Bt AppVIII.doc VIII-4
E. Except as provided fo~ in this agreement cz the SOP. each party is
respor~ible for the o~-site beach parking permit sale~ within their
juris(Ik~On, Each parys llabi',ity ~n any ex.II shatl be solely limited to
cl~rect Ir~ss of ar~y fe~ revem~es [=u'ismg from the party's negligence, and
shal~ not 'ce liable for any co~sequential tosses,
VII_ MOD~FI(~ATIO~IIAMI=NDM~NT. Th~, Agreement ~ i~e mod~:i or amended
provided that SUch modification or amendment i~ ir~ wrihng al~d s~gned by an
auth. orized reprasenlative of e~ch pa,ry, and approved by the governin§ body cl'
each pe~ty. The modifications tothe standard operatinG procedures ~ppraved by
the authorized mp~-ececte~ives do not require lfle epp;oval of the governing
b~dies, un,ss a governing body reserves the authority 1o approve amer~dments
to the standard operating procedures or an auth~ized representative refers the
mat/er to the party's governing body.
APPROVAl. BY OOVP-R~ING BODIES. Each par~y ~eprase~tts th~ this
AOr~'nen! has been duly pa~sed and approved by the govern'nobocly of the
party aa requir~ the Texas I~tarl~cat Co~peratio~ ACt, Ct~apter 791, Texas
Government Code.
TERM AND
A. Th ~ Agneeq~ snail be for an Jni~fal term of one
B. This Agreement aha 1 be autcma(tCally re~ewe~ without turlher action
~nless terminated by any pa~y.
C. T~is agraemeht may be terminated at e.-n/Ume by any patty with or
without cause upon (gO) days' advance wdfien notice.
AnV notice of termination she',l b~ sent te tf~e othcr pauliea to trois inteHoca~
cooperation aGmernent at the address listed ia .~ecfion Xl of
agieernent, and to lhe General Land Offi~ an~ A.fforney General.
S~JV'ERA~ILIT¥. tf any portion of this agreement, or its ePplicalion to
person ~' circt=mslanr~e, i.~ held la be invaUd or unc~n.~t~tut[ona~ by any cnu~t of
competeet Jurisdiction. the rem~inc[o.r ~ this ~lmeme. nt shall '~ot be effected and
shall contrnue to be enferceable under the terms of this agreement,
XI, NOTICES~ Not/cos unde! this Agreement shal! be ecJdrer~.~ecl to the parties as
indlcaled below, u~le~s cl'mnged by wr,tt~n notice to such effe~, a~d shall be
effected when del~ered or when depesited in the U.S, mall, Forage prepaid,
certified~ re~urn receipt requested
Pa~o 5 of El
R32810B1AppViii.doc VIII-5
A City ot Corpus Christ~
Atl~: C~ ~r~ger
P 0 ~x
C~pu~ Chd~i, T~ 78~9-9277
Te~hone~ (361)
Fa~l~: (3~1) 66D-~39
B. C'~ of Po~ Aren~
A~: C~y ~r
710 ~t A~nue A
Pud A~n~s, Texas 7~
Telephone: (3G1~ 749~11~
ra~: [~1) 749~723
C. N~CBB C~n~
A~: C~ J~ge
Cn~s ChdsU. Tex~ 7~01
F~im~: (361) 888-0445
~RFOR~NC~ This ag;cement sh~ ~ ~dormed in Nu~s and
Coup, Texas, a~ sh~lt ~ 9~rn~ by the taws of t~ Sla~ of Texas.
~ BENEFIT TO TN~O PARTIES. This ~r~nt is so~ly f~r the
t~ po~es ~ this armament, and ~t for ~ ~fi[ of ~y ~ird p~.
XrV. A~IGNMENT. This ~ent Is b'~ing ~on ~d inu~ lo ~e ~r~ of
paH~5 (o tll~s ~t a~ the~ m~De~ive su~m a~ ~ed
~is ~me~ m~ not ~ ~s~ by any ~ ~ ~e wd~ cons~t
all of {he ether
XV, EHTIRE AGREEMENT. ~ Agent ~pre~n~ ~ e~ire agreement
~eh the pa~ie~ ~ may n~t ~ ~ by e~y ora~ agreements or
~standl~s Any amend~nts ~M ~ ma~ in ~iti~ a~ sign~ by
p~, as provid~ ]~ S~n VII of~is agree~.
X~, ~FECTIVE DATE. ~s agr~e'~[ is ~emive on ~e date whe~ 1he rest
Ps~e 6of8
R32810B1AppVIII.doc
VIII-6
ATTEST:
A'mando Chapa
City Secretary
APPROVED ASTOFORM:
.James R. Bray. Jr.
City Attorney
CJI ¥ OF CORPUS CHRISTt
~--Oa~id Regalia
City Manage~
EXECUTED by the City of Port AransaS, on the
ATTEST:
day of .... 2002_
CITY OF PORT ARAN.S~S
City Secre!ary
APPI~OVF_D'~;'TO FORM:,..~
/"7/?
Mi~ Morris
CI['~a[ttorn ay
Torty r~. 3reeks
C,;ty Mar, ager
Page 7 of R
R32810B1AppVIII.doc VIII-7
EXECUTED by the C~.mly of Nueces, on tho ~. _ day of. __
Pa~e 8 of 8
R32810B1AppVIII.doc VIII-8
M
w
N
O
m
D
a
a
R FEE AND FREE BEACHES BY GOVERNMEKTAL ENTITY
CORPUS CHUM SHP CHANNEL TO PAVM ISLAND NUIONAL SEASHORE
OoveramenlEMOy FsolFns
%dTotal hetFr+sM lacsl6ovmmd
het NRw coachn 8y GovemnmW Gorch Pad1Yp Fee
Entity Ertb obbbo n%
Nu
Fm
9.660
1.
B.
ar.OR
Nw
Frog
4.660
092
32%F—
33.0%
SLtbtw
14,M
279
0.7%1
16.0%
City of P0ltA M
City ofPad Aroroae
F
Free
_ 3i B60
3530
6.04
0.8)
21.0%
2.3%
10.0%
�—
35,410
6.71
23,3%1
10D.0%
CAY of oven
'=et
39929
7.51
25.1%
91.3%
City of CoW x•110
_
FW
2.300
0.44
1.5%
6.51k
_
Supyyi
_—_
_._.... 41,929
791
276%
1900%
_.. 455%;
6yleod
92,069
17.44
80.89%
100. MA
1(100%=
Sms of 7e
Smte Of Toe
SubbW
.__
4e„
F+ _
11 &it
--47931
59666
2.28
9.091
111,11
7.
31.6%
394%
19.99E
_Bot%
iCFO%
brand Total wo 86oft
_
..._
.._� 151.W
Corpus
B~y
ATTACHMENT
R32810B1AppVIII.doc VIII-10
Attachment C
Mustang and North Padre Islands Beactt Parkfltg I=e~mlt System
Sta~x~rd Operating Preca~uma
This attac~lTte~t to the interioca! cooDerabon agseement among the C,ty of Corpus
Christi. City of Porl Aransas. and Nueces Co'~nty relating ~a the sale and enforcement of
beach parkitlg pennlls ealeblrshes the i~itial star~a~l operating procedure.,, for ttte
Mustang. and No/th Padre Islands beach pa~l(ii~ system
An alnnua~ beach parking fee is institute~ of $~ b~sed on a Calendar year.
(Ourtng this illitlel periud, the $6 ~ee 'will run from l~rch 1 until IDac. 31 or
such Laler starting tk~e a.~ i~ ~ece~ltsted by approvat of ~he GLO.)
2. The thr~e efltit~es will use their bes~ efforts and coordinate wl~ each other
tc encourage and roster the sols of beach parking permit..
a A staflda~:l cliscot~nt role of $5.50 ia established for "~ff-beech
vendors such as COnvetlience stores, gas stations, ettc.
b An on-beach di-.~c-cun( fee of $5 ts established for e~fier on-beach
contraclt:al sellers o~ the governmental entities :hemselves.
.3. The CiLy of Port Araflsas will be he~ harndess durir~g the initial I;)eriod
Revenues w[U be held by each enl;~y in a segregated acceunt and wi~ be
¢lea~ed by each efltity.
5. At eac~ cluartetly seview, th~ representatives of the entities will consider
during the ~itial period
R32810B1AppVlit.doc VIII- 1 1
17
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
BACKGROUNDINFORMATION
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 of the
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 17,
FINANCE AND TAXATION, BY A.DDING 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
internet 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.
18
RESOLUTION
EXPRESSING SUPPORT FOR THE PRESIDENT AND ARMED
FORCES OF THE UNITED STATES, INCLUDING ALL THE PARENTS,
SONS, DAUGHTERS, SPOUSES, AND OTHER AMERICANS SERVING
OUR NATION AT THIS TIME OF CONFLICT
WHEREAS, the United States, by ending of the regime of Saddam Hussein, is liberating
the people of Iraq and affording them the opportunity to be governed by a
democratically elected government; and
.WHEREAS, residents of the City of Corpus Christi and the Coastal Bend proudly serve
In the Armed Fomes of this Nation in order to preserve the liberties that are guaranteed
to our citizens by the Constitution; and
WHEREAS, the City of Corpus Christi has throughout its history provided support to our
Armed Forces in the conflicts this great Nation has been engaged in; and
WHEREAS, the Coastal Bend is the home of many military installations and units with
missions vital to the defense of the Nation; and
WHEREAS, the City of Corpus Christi is the home of units of all five Armed Fomes
serving our nation in the Middle East, including the United States Army, United States
Marines, United States Navy, United States Air Fome, and United States Coast Guard.
WHEREAS, the Port of Corpus Christi, as one of the Nation's Strategic Deployment
Ports, is currently serving as a major port for shipment of military equipment and
supplies to our Armed Forces in the Middle East, and is expected to receive the return
of those critical resources at the end of hostilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City of Corpus Christi supports and expresses pride in our President
and the Armed Forces of the United States, including all the parents, sons, daughtem,
spouses, and other Americans serving our Nation at this time of conflict with the regime
of Saddam Hussein and their efforts to bring democracy to the people of Iraq.
SECTION 2. The City of Corpus Christi will continue its longstanding support for the
military units located within the Coastal Bend and the families of members of the Armed
Forces living in our area.
SECTION 3. The City of Corpus Christi will facilitate the shipment of necessary
equipment and supplies through the Port of Corpus Christi..
R30520A2,DOC
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 10th day of April, 2003.
Samuel L. Neal, Jr.
Mayor
R30520A2,DOC
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 15, 2003
AGENDA ITEM: Resolution supporting the establishment and funding of The Texas
National Estuarine Research Reserve in the Texas Coastal Bend Region by the National
Oceanic and Atmospheric Administration.
ISSUE: The National Estuarine Research Reserve System (NERRS) is a network of
coastal sites that operate as a partnership between the Federal government and coastal
states. The System's main goal is to perform long-term research in relatively natural
settings to provide basic information for coastal management.. There are currently 25
research reserves, but none in the Western Gulf of Mexico Biogeographic Region (from
the South of Galveston to the Rio Grande). The National Oceanic and Atmospheric
Administration (NOAA) will fund the program. The program is non-regulatory and no new
rules or regulations will be promulgated. The State of Texas already has sufficient
protection with the Coastal Management Program.
The NERRS site will benefit the area selected by fostering new opportunities for education
and reseamh, creating new jobs, increasing visitors and providing baseline data on natural
conditions in Texas for use in coastal resource management. The program will benefit the
State by bringing in new funds and fostering partnerships among universities and state
resource agencies. The TxNERR program will have three missions: long-term monitoring
and basic research, education and public outreach, and stewardship.
REQUIRED COUNCIL ACTION: Approval of the resolution.
FUNDING: None.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the attached
resolution.
(Department H~
Attachments
BACKGROUNDINFORMATION
The NERRS program is administered by the U.S. Department of Commerce, National
Oceanic and Atmospheric Administration (NOAA), as authorized under Section 315 of the
Coastal Zone Management Act of 1972. The goal of this program is to establish a national
network of reserves that represent distinct estuarine ecosystems and to manage these
reserves for long-term environmental research and education. Although national in scope,
individual sites are state owned and managed with oversight and coordination provided by
NE)AA.
The selection of a candidate Texas NERR site was initiated by the University of Texas
Marine Science Institute (UTMSI). The University of Texas at Austin sought the assistance
of the Texas General Land Office (TxGW) to coordinate the site selection process and
prepare the site nomination package. The site selection process was accomplished
through the work of two standing committees, tasked with identifying, evaluating, and
selecting a candidate site, as well as developing appropriate local, state, federal, and
private partnerships that will ultimately define the NERR. The Site Selection Committee
(SSC) provided overall guidance to the process and provided technical guidance in
evaluating sites. Membership in both committees included individuals from state and
federal agencies, state, federal and local public officials (state officers and legislators),
academic institutions, private groups (e.g., private industry and environmental groups), and
the general public. The process also included a public hearing to solicit comment and input
from local residents and landowners in Rockport, Texas.
The proposed Texas NERR site was selected from a group of 65 sites, within the Western
Gulf of Mexico biogeographical region, that represent key estuarine areas within the state's
coastal zone. The proposed site (249,707 acres) consists of a combination of
approximately 1,072 acres of state-owned coastal habitat, including estuarine intertidal
marsh and shallow open-water bottoms and approximately 66,718 acres of estuarine
marsh and non-tidal coastal plain habitat that is part of the Aransas and Matagorda Island
National Wildlife Refuge. The site also encompasses the Buccaneer Ranch Cove Preserve
(279 acres). The site includes a diverse suite of estuarine and non-estuarine habitats
(many of high quality) that form an intact coastal watershed. The site also includes a
number of archaeological sites (i.e., indian middens) and supports significant faunal and
floral components. The site is relatively rural with limited industrial and community impacts.
Upon acceptance of the Texas NERR nomination by NOAA, UTMSI will proceed with
development of drafts of an Environmental Impact Statement and Management Plan for
the site. It is anticipated that appropriate management agreements will be developed
during this phase of site development, addressing the educational, research and
management objectives of the NERR. Landholding partnerships in the Texas NERR are
anticipated to include: NOAA, USFWS (federal), TxGLO, TDOT, TPWD, TWDB, Coastal
Bend Land Trust, The Nature Conservancy, and the Fennessey Ranch. Local
administrative partnerships in the Texas NERR are anticipated to include Aransas County
and the City of Corpus Christi.
Refugio
Pop. 2941
Proposed Texas NERR Site
Woodsbo~
Pop. 1685
REFUGIO
Bay$ide
Pop, 360
BAY
Rockport
ARANSAS
CALHOUN
SAN PATRICIO
Gregory
Pop. 2318
~RANSAS BAY
Portland
Pop 14827
NUECES
Ingleside
Pop. 9388
3370
CORPUS CHRISTI BAY
SAN PATRICIO
NUECES
GULF OF MEXICO
Legend
~"~ NERR Boundary
-~ County Boundary
~,~, Urbanized Areas
Odem
Pop~2499
Proposed Texas National Estuarine Research Reserve
· The National Estuarine Research Reserve System (NERRS) is a network of coastal reserves that
operates as a collective partnership between the federal government and coastal states:
o The program was created in 1972 through the Coastal Zone Management Act.
o The non-regulatory program is administered through the National Oceanic and Atmospheric
Administration (NOAA). The Coastal Management Program makes Texas eligible for a site.
o The main goal is to identify and track short-term variability and long-term changes in the integrity
of the Reserve's ecosystems to contribute to effective management of the coastal zone.
o As of March 2003, 25 reserves, but none in the Western Gulf of Mexico Biogeographic Region.
· The University of Texas at Austin, Marine Suience Institute will develop and administer the program:
o Major partner will be the Texas General Land Office, Coastal Management Program.
o Partnerships with other State agencies, universities, and non-governmental organizations.
· Designation process:
o Select a physical location. Through a broad stakeholder process the proposed site is 245,000 acres
of State submerged land in the Mission-Aransas Estuary, the Aransas and Matagorda National
Wildlife Refuges, several small conservation areas, and the UTMSI campus.
Public hearing mid or late May 2003
Governor submits site nomination document to NOAA June 2003.
o Develop draft environmental impact statement and draft management plan (DEIS/DMP) fall 2003.
o Public hearing winter 2004.
o Final environmental impact statement and final draft management plan (FEIS/FMP) Spring 2004.
o Submission to EPA and NOAA, designation Fall 2004.
· The three goals of a Texas NERR program will be synergistic with UTMSI missions:
o Long-term monitoring/basic research.
o Education/outreach.
o Stewardship/technical assistance for resource management.
· The Texas site will also participate in NERRS system-wide programs.
· The Texas program will be a center of excellence in estuarine ecology focusing on:
o Fisheries habitat restoration and enhancement.
c) Vegetated habitats (seagrass, marsh, mangrove).
o Climate change effects.
o Freshwater inflow requirements.
o Biodiversity.
· The program will be large when fully operational, about $600,000/year in federal funds:
(~ Currently requires 70:30 matching of Federal to State funds.
o Will bring many scientists and students from all over the US to study at the site.
o Will provide additional funds for facilities and acquisitions (50:50 match).
c~ Will provide opportunity to apply for funds that are currently restricted to NERRS sites.
o Will provide two national fellowships, local fellowships, travel assistance to Texas scientists.
· Mangement stmcture and governance:
(~ Project Manager, and three Coordinators (education, research, stewardship).
o Advisory Board of land owners and Aransas County representative.
c) Advisory Board supported by NERR program staff; reviews programs, budgets, awards.
· information about NERRS: http://www.ocrm.nos.noaa.gov/nerr/welcome.html
· Information about Texas NERR: http://www.utmsi.utexas.edu/peopledstaff/montagna/txnerr.htm
n Dr. Paul Montagna, Professor, will coordinate Texas NERR program establishment. Contact
by telephone (361-749-6779), Fax (361-749-6777) or e-mail (paul~utmsi.utexas.edu).
April 4, 2003
MARINE SCIENCE INSTITUTE
THE UNIVERSITY OF TEXAS AT AUSTIN
750 Channel View Drive · Port Aransas, Texas 78373-5015 · Phone (361) 749-6711 · Fax (361) 749-6777
March 14, 2003
Mr. Ron Massey
City of Corpus Christi
Asst. City Manager Public Works
P.O. Box 9277
Corpus Christi, TX 78469-9277
Dear Mr. Massey,
I am writing you to solicit a letter of support for the Proposed Texas National Estuarine
Research Reserve (TxNERR) The National Estuarine Research Reserve System (NERRS) is a
network of coastal sites that operate as a partnership between the federal government and coastal
states. The System's main goal is to perform long-term research in relatively natural settings to
provide basic information for coastal management There are currently 25 research reserves, but
none in the Western Gulf of Mexico Biogeographic Region (from the South of Galveston to the
Rio Grande). The National Oceanic and Atmospheric Administration (NOAA) will fund the
program. The program is non-regulatory and no new roles or regulations will be promulgated.
The State of Texas already has sufficient protection with the Coastal Management Program.
The NERRS site will benefit the area selected by fostering new opportunities for
education and research, creating new jobs, increasing visitors, and providing baseline data on
natural conditions in Texas for use in coastal resource management. The program will benefit
the State by bringing in new funds and fostering partnerships among universities and state
resource agencies. The TxNERR program will have three ~nissions: long-term monitoring and
basic research, education and public outreach, and stewardship
The site selection process started with broad participation by stakeholder groups. The
Site Selection Committee was formed from lists of community leaders identified by civic,
environmental, and industrial organizations. Ultimately, the Mission-Aransas Estuary was
selected as the best site for the program. The site includes open water (State submerged lands of
the Copano, Mission, Port, St. Charles, Aransas, and northern Redfish Bays, the mouth of
Aransas River and the tidal segment of the Mission River) and land (Aransas National Wildlife
Refuge, Matagorda National Wildlife Refuge, Goose Island State Park, Fennessey Ranch, and
parcels owned by The Coastal Bend Land Trust and The Nature Conservancy). In addition, a
satellite site is proposed at the mouth of the Nueces River and State lands in the Nueces Delta,
The entire site fits selection criteria best because it has all representative habitats, low population
density, is relatively pristine; has large areas of land already under protection, and is close to
facilities that will support the program I have enclosed the first draft of'the Site Nomination
document (without appendices) to provide you a very detailed description of the proposed site
When finished, this document will be forwarded to Governor Peri')' lbr his approval and
submission to NOAA
Page 2, March 14, 2003
I hope you are as excited about this new program as I am and are willing to provide a
letter of support. I would like to obtain the letters of support within one month. So, please
provide these to me by April 18, 2003. If desired, I am willing to meet with you or your
organization at any time to discuss this program further. Please do not hesitate to contact me by
telephone (361-749-6779) or e-mail (paul~utmsi.utexas.edu). A meeting to receive public input
regarding the proposed TxNERR will be in May 2003. I will inform you when the date and
place are set. Additional information about NERRS can be found online at the NOAA website:
http://www.ocrm.nos.noaa.gov/nerr/welcome.html, and for the Texas NERR at the UTMSi
website: http://www.utmsi.utexas.edu/people/staff/montagnaJtxnerr.htm.
Sincerely,
Dr. Paul Montagna
Professor and Senior Research Scientist
RESOLUTION
SUPPORTING THE ESTABLISHMENT AND FUNDING OF THE TEXAS
NATIONAL ESTUARINE RESEARCH RESERVE IN THE TEXAS
COASTAL BEND REGION BY THE NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
WHEREAS, the National Oceanic and Atmospheric Administration currently funds 25
research reserves in the United States; but
WHEREAS, there are no research reserves in the Western Gulf of Mexico Biographic
Region; and
WHEREAS, the University of Texas at Austin Marine Science Institute is seeking the
establishment of the Texas National Estuarine Research Reserve in the Texas Coastal
Bend Region; and
WHEREAS, the establishment of the Texas National Estuarine Research Reserve in
the Texas Coastal Bend Region will provide opportunities for education and research,
create new jobs, increase visitors, and provide baseline data on natural conditions in
Texas for use in coastal resource management; and
WHEREAS, the Texas National Estuarine Research Reserve will have three missions:
long-term monitoring, education and public outreach, and stewardship; and
WHEREAS, the Texas National Estuarine Research Reserve program be non-
regulatory and not require the adoption of any additional rules by the State of Texas;
and
WHEREAS, the proposed sites of the Texas National Estuarine Research Reserve has
representative habitats, Iow population densities, is relatively pristine, has large areas of
land under protection by resource agencies, and is close to facilities that can support
the program; and
WHEREAS, the Texas National Estuarine Research Reserve will include a site at the
mouth of the Nueces River, which the City has been working to preserve in a natural
state; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. THE City of Corpus Christi supports the establishment of the Texas
National Estuarine Research Reserve in the Texas Coastal Bend Region, and urges the
by the National Oceanic and Atmospheric Administration to provide the necessary
funding for the program.
R34303A2.doc
20
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 4-15-03
AGENDAITEM:
Appropriating $7,911,792 from increased revenues in the Gas Fund #4130 due to
increased cost of Natural Gas Purchases; amending ordinance No. 024130, which adopted
the FY 02-03 Budget providing $14,372,347, by increasing both revenues and
expenditures to the Gas Fund #4130 by $7,911,792, for the increased costs of Natural Gas
Purchases; and declaring an emergency.
ISSUE: Natural gas prices have exceeded estimates necessitating a budget amendment
to provide sufficient funds for purchasing the remainder of the year.
REQUIRED COUNCIL ACTION: Budget Amendments require Council approval.
PREVIOUS COUNCIL ACTION: Approval of FY 02-03 Annual Budget by passage of
Ordinance No. 024130.
FUNDING: Funding from increased revenues in the Gas Fund #4130 into Natural Gas
Purchases, 520200-4130-34100.
CONCLUSION AND RECOMMENDATION: Staff recommends that the FY 02-03 Budget
be amended and funds be appropriated to cover natural gas purchases for the remainder
of the fiscal year.
Attachment
BACKGROUNDINFORMATION
Natural gas purchases (Expenditures) and sales (Revenues) are budgeted as being equal. The cost of
purchasing natural gas is passed through to the utility customer. In April, 2002, during the process of
preparing the FY 02-03 Budget for the Gas Department, natural gas purchases were estimated using prior
consumption patterns and anticipated pricing as shown below. Based on this estimate, $14,372,347 was
budgeted as both revenue and expenditures. Natural gas prices have been significantly higher than
anticipated, also shown on the attached. Based on these factors and projecting both pumhases and pricing for
the remainder of the year, we estimate revenues from sales and expenditures from purchases to be
$7,911,792 greater than budgeted.
In order to properly reflect these anticipated revenues and expenditures, it is necessary to amend the 02-03
Budget by adding $7,911,792 to the revenues of the Gas Fund #4130 and a like amount to the operating
budget of the Gas Department as an expenditure (520200-4130-34100, Natural Gas Purchases). The
following table reflects the FY 02-03 Forecasted Natural Gas Costs versus the 7 months Actual/4 months
Projected Costs. The gradual increase in natural gas prices and the spike in March, 2003 resulted in
insufficient funds for the remainder of the year.
Month Forecasted Actual
Aug. 2002 $ 3.38 $3.17
Sept. 3.39 3.51
Oct. 3.43 3.84
Nov. 3.74 4.28
Dec. 2002 4.04 4.25
Jan. 2003 $4.16 $4.96
Feb. 4.10 5.64
Mar. 3.98 8.99
Apr. 3,84 8,42
May 3.85 6.80
June 4.44 6.48
July 2003 $3.95 $6.39
Projected
Projected
Projected
Projected
ORDINANCE
APPROPRIATING $7,911,792 FROM INCREASED REVENUES
IN THE GAS FUND NO. 4130 DUE TO INCREASED COST OF
NATURAL GAS PURCHASES; AMENDING THE FY 2002-2003
BUDGET ADOPTED BY ORDINANCE NO. 024130 BY
INCREASING BOTH REVENUES AND EXPENDITURES TO THE
GAS FUND NO. 4130 BY $7,911,792 FOR THE INCREASED
COST OF NATURAL GAS PURCHASES; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $7,911,792 is appropriated from increased revenues in the
Gas Fund No. 4130 due to increased cost of natural gas pumhases.
SECTION 2. That FY 2002-2003 Budget adopted by Ordinance No. 024130 is
amended by increasing both revenues and expenditures to the Gas Fund No.
4130 by $7,911,792.
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
Samuel L. Neal, Jr.
Mayor
APPROVED: April 10, 2003
Lisa Aguilar
Assistant City Attorney
For City Attorney
21
AGENDA MEMORANDUM
DATE: April 10, 2003
ITEM
Resolution amending the City Investment Policy to allow guaranteed investment contracts for bond
proceeds, to establish investment objective priorities, to expand permissible investments in local
government investment pools; to define money market mutual fund, and to make clarifications to
investment policy; and adopting the Investment Policy as amended.
ISSUE
City Council is required to adopt all revisions to the Investment Policy to comply with the Public
Funds Investment Act. Financial Services has had the existing Investment Policy reviewed by both
the City Attorney and bond counsel for compliance and clarification purposes. The recommended
changes specifically identify guaranteed investment contracts. The existing policy allows these
investments but bond counsel recommends that they be specifically identified.
REQUIRED COUNCIL ACTION
The Public Funds Investment Act requires the City Council to formally adopt any amendments to the
City's Investment Policy as well as review the policy on or before December 31 of each year.
BACKGROUND
The City's Investment comrmttee met on March 31, 2003, to review the proposed amendments
recommended by bond counsel. The City's Investment Committee voted to submit the proposed
amendments for adoption by City Council.
RECOMMENDATION
The City's Investment Committee and City Staff recommend approval of the resolution amending
the City's Investment Policy to allow guaranteed investment contracts for bond proceeds, to establish
investment objective priorities, to expand permissible investments in local government investment
pools; to define money market mutual fund, and to make clarifications to investment policy; and
adopting the Investment Policy as amended.
Lee Ann Dumbauld
Director of Financial Services
Attachments: Resolution
Investment Policy
RESOLUTION
AMENDING THE CITY INVESTMENT POLICY TO ALLOW
GUARANTEED INVESTMENT CONTRACTS FOR BOND PROCEEDS,
TO ESTABLISH INVESTMENT OBJECTIVE PRIORITIES, TO EXPAND
PERMISSIBLE INVESTMENTS IN LOCAL GOVERNMENT
INVESTMENT POOLS; TO DEFINE MONEY MARKET MUTUAL FUND,
AND TO MAKE CLARIFICATIONS TO INVESTMENT POLICY; AND
ADOPTING THE INVESTMENT POLICY AS AMENDED
WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No.
022390 on October 24, 1995; amended in Resolution No. 022980 on July 8, 1997;
amended in Resolution No. 023472 on October 27, 1998; amended in Resolution No.
023864 on December 14, 1999; amended in Resolution No. 024208 on September 12,
2000; amended in Resolution No. 024679 on December 11,2001; and amended in
Resolution No. 025151 on December 17, 2002;
WHEREAS, the City's Bond Counsel and the City of Corpus Christi Investment
Committee reviewed these proposed amendments to the Investment Policy and
recommend that the City Council amend the City Investment Policy; and
WHEREAS, as provided in Section I1. C of the Investment Policy, the City Council must
review the Investment Policy on or before December 31 of each year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The following is added to Section i, Introduction:
Investments shall be made with judgment and care, under prevailing circumstances,
that a person of prudence, discretion and intelligence would exercise in the
management of that person's own affairs, not for speculation, but for investment,
considering the probable safety of capital and the probable income to be derived.
SECTION 2. The definition for "Investment" in Section III, Definitions, is amended to
read as follows:
Investment - All authorized Securities listed in Item V. Authorized investments and
maximum term investments approved by the Investment Committee include U.S.
Treasuries, U.S. Agencies, Repurchase Agreements, Local Government Investment
Pool, Guaranteed Investment Contracts (with respect to bond proceeds), and
Collateralized Certificates of Deposit.
SECTION 3. The definition for "Special Purpose Fund" in Section III, Definitions, is
amended to read as follows:
Page 2 of 7
Special Purpose Funds - Monies of non-profit corporations that Investment Officers
are permitted to invest; includes such entities as the Corpus Christi Health Facilities
Development Corporation, Coastal Bend Health Facilities Development Corporation,
Corpus Christi Housing Finance Corporation, Corpus Christi Community
Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi
Industrial Development Corporation, Corpus Christi Business and Job Development
Corporation, North Padre Island Development Corporation, and Corpus Christi
Crime Control and Prevention District.
SECTION 4. Section IV, Investment Objectives, is amended to read as follows:
The following states the investment objectives of the City, in order of priority:
A. Preservation and Safety of Principal
Investments of the City shall be undertaken in a manner that seeks to
ensure the preservation of capital in the overall Investment Portfolio.
B. Liquidity
The City's Investment Portfolio must be structured in a manner; which
maintains the liquidity necessary to pay obligations as they become due.
Sufficient cash flows must be maintained by rapidly depositing monies and
timing disbursements. Generally, Investments are matched to specific
cash flow requirements such as payrolls, construction drawdown
schedules., debt service payments, and other payables. Liquidity is also
achieved by investing in Investments with active secondary markets or in
Local Government Pools with stable net asset values, it is imperative that
the Investment Portfolio and Excess Cash Balances be protected with
sufficient Collateral at a minimum of 102% of current market values so that
monies are available as needed.
C. Return on Investments
The City's Investment Portfolio shall be designed with the objective of
regularly exceeding the average yield of the following benchmarks in a
manner consistent with the principles of this policy described in IV.A and B.
Operating Funds - Six-Month Constant Maturity Index
Capital Improvement Funds - Three-Month Constant Maturity Index
Core Funds - One-Year Constant Maturity Index
Special Funds - Three-Month U.S. Treasury Bill Yield
However, it must be recognized that during a declining market, satisfying this
objective may not be practical until Investments mature and can be re-
invested, especially since preservation of capital is the first priority in the
investment of monies pursuant to this Policy. For bond issues to which
arbitrage restrictions apply, the primary objectives shall be to obtain
satisfactory market yields and to minimize the costs associated with investing
such monies.
H:\LEG DIR\Lisa\RES~Apr 15 Investment Policy doc
Page 3 of 7
D. Diversification
Diversification is required because of differing liquidity needs of the City and
is employed as a way to control risk. Diversification minimizes the risk to the
overall Investment Portfolio of potential losses on individual Securities and
enhances the safety of the Investment Portfolio. Through the solicitation of
competitive proposals, the City shall allocate and diversify its Investments
through various Institutions. The following types of Investments will be
solicited from approved Institutions:
1. U.S. Treasuries
2. U.S. Government Agencies
3. Repurchase Agreements - through a Third Party Safekeeping
Institution Agreement, which includes an approved primary dealer doing
business in Texas as required by the PFIA.
4. Public Funds Investments Pools - through participation agreements;
and
5. Certificates of Deposit - through approved local banks.
6. Money Market Mutual Funds
7. Guaranteed Investment Contracts (for Bond Proceeds only)
The City recognizes that investment risks can result from default risk, credit
volatility risk, and market price risks due to various technical and fundamental
economic factors, and other complications, leading to temporary illiquidity. To
control market price risks, volatile Investments shall be avoided. To control
default risk, the only acceptable method of payment will be on a delivery versus
payment-basis for all transactions, except investment pool funds and repurchase
agreements.
Delivery versus Payment provides for payment to Institutions at the time the
Investments are recorded in book entry form at the City's Third Party
Safekeeping Institution, currently maintained at the Federal Reserve. For
certificates of deposit, sufficient Collateral at 102% of current market values must
be pledged to protect all City monies or monies under its control that exceed
Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be
safekept at a Third Party Safekeeping Institution not affiliated with the bank or
bank holding company providing the certificate of deposit.
SECTION 5. Section V, Authorized Investments and Maximum Term, Subsection A.4,
is amended to read as follows:
4. Local Government Investment Pool ................................................................ daily
Investments made on behalf of the City by a public funds investment pool duly
created to function as a money market mutual fund that marks its portfolio to
market daily and, to the extent reasonably possible, which stabilizes its portfolio
to market daily and, to the extent reasonably possible, which stabilizes its
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portfolio at a $1 net asset value. If the ratio of the market value of the Pool's
portfolio divided by the book value of the portfolio is less than 99.50% or greater
than 100.50%, the Pool's portfolio holdings shall be sold as necessary to
maintain the ratio between 99.50% and 100.50%.
No more than $65,000,000 may be invested in each local government investment
pool at any time. The Director of Financial Services or designee may allow for up
to a two-day increase in maximum amounts upon notification to Investment
Committee.
The public funds investment pool must be continuously rated no lower than AAA
or AAA-m or at an equivalent rating by at least one nationally recognized rating
service with a weighted average maturity no greater than 90 days. Local
Government Investment Pools may contain investment securities that are not
directly authorized by this Policy, so long as (i) the rating standard hereinabovo
stated is satisfied, and (ii) the investment is permitted by Subchapter A of tho
Texas Public Funds Investment Act, Chapter 2256 of the Texas Government
Code. Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of
the Texas Government Code, currently permits followin.q investments:
Obli.qations of, or Guaranteed by Governmental Entities
Certificates of Deposit and Share Certificates
Repurchase Agreements
Banker's Acceptances
Commercial Paper
Mutual Funds; and
Guaranteed Investment Contracts
SECTION 6. Section V, Authorized Investments and Maximum Term, Subsection A, is
amended to add the following:
6. Money Market Mutual Fund.
A no-load money market mutual fund is an authorized investment if:
a. the money market mutual fund is re.qistered with and regulated by the Securities
and Exchanqe Commission;
b. the money market mutual fund provides the City with a prospectus and other
information required by the Securities Exchanqe Act of 1934 (15 U.S.C. Section 78;3
et seq,) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.);
c. the money market mutual fund has a dollar wei.qhted avera.qe stated maturity of
90 days or fewer; and '
d. the money market mutual fund includes in its investment objectives thn
maintenance of a stable net asset value of $1 for each share.
e. the assets of the money market mutual fund are invested in those investments
authorized under this Investment Policy.
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7. Guaranteed Investment Contracts ...................................... up to 3 years
Guaranteed investment contracts offer to pay a specific interest rate over a
period of time, and can be structured to reflect an anticipated draw down
schedule for capital improvements funded with bond proceeds. The collateral
and monitorin,q requirements applicable to repurchase aRreements shall apply
to guaranteed investment contracts. A guaranteed investment contract may
be utilized only in connection with the investment of bond proceeds. The
maximum term of a guaranteed investment contract shall not exceed the
anticipated construction period for the capital improvement, the construction
of which is to be funded with Bond Proceeds.
SECTION 7. Section V, Authorized Investments and Maximum Term, Subsection B.2,
is amended to read as follows:
Capital Improvement Funds (Bond Proceeds, Bond Reserves, and Debt Service)
The Investment maturity of that portion of the City Portfolio that represents
Capital Improvement Funds (bond proceeds, reserve funds, and debt service)
shall be determined considering:
The anticipated cash flow requirements of the Capital Improvement
Funds; and
The "temporary period" as defined by Federal income tax law during
which time bond proceeds may be invested at an unrestricted yield.
After the expiration of the temporary period, bond proceeds subject
to yield restriction shall be invested considering the anticipated cash
flow requirements of the Capital Improvement Funds.
Before an Investment can be made of bond proceeds from all bond
issues affected by the tax-exempt bond provisions of the Internal
Revenue Code of 1986, as amended (the "IRC"),~
A~, a careful yield analysis must be performed to comply
with the ~IRC. Also, an annual rebate calculation
must be performed to determine if the City is required to rebate
interest at the end of each respective bond issue's five-year term.
Beginning on the anniversary of the third year for the respective
bond issues, all bond proceeds will be yield restricted as required
by the Tax-Referm4~ IRC.
SECTION 8. The last sentence in Section VI, Investment Mix and Strategies,
Subsection C.3.b., is amended to read:
All gains and losses will be reported to the City Council and Investment
Committee no less frequently than on a quarterly basis.
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SECTION 9. Section X, Pledged Collateral, is amended to read as follows:
The market value of pledged Collateral must be at least 102% of the principal plus
accrued interest for Excess Cash Balances, certificates of deposit, .quaranteed
investment contracts, and repurchase agreements. Evidence of proper
collateralization in the form of original safekeeping receipts held at a Third Party
Safekeeping Institution not affiliated with the Institution pledging the Collateral will be
approved by the City Treasurer and will be maintained in the City's Treasurer Office.
An authorized City Representative (See Appendix B) will approve and release all
pledged collateral.
SECTION 10. Section VII, Responsibility and Controls, Subsection E, Training and
Education, is amended to read:
E. Training and Education
Recognizing that the training and education of Investment Officers
contributes to efficient and effective investment management, the City
requires its Investment Officers to obtain appropriate professional training.
Such training is currently required by, and shall be obtained in accordance
with Section 2256.008 of the Government Code Public Funds Investment
Act. The Investment Committee approves investment-training seminars
presented by the following organizations:
Government Finance Officers Association
Government Finance Officers Association of Texas
Government Treasurers Organization of Texas
Municipal Treasurers Association
Texas Municipal League
University of North Texas Center for Public Management
If the Investment Officer desires to attend an investment-training seminar
presented by another organization for training credit, such seminar must
be approved by the City Manager or his designee.
SECTION 11. Section XI, Safekeeping, is amended to read as follows:
A. Third Party Safekeeping Agreement
The City shall contract with a Bank or Banks for the safekeeping of
Securities either owned by the City as a part of its Investment Portfolio or
held by the City or a Third Party Safekeeping Institution as Collateral to
secure certificates of deposit, repurchase agreements, guaranteed
investment contracts or Excess Cash Balances.
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Safekeeping of Certificate of Deposit Collateral
All Collateral securing bank and savings and loan deposits must be held
by a Third Party Safekeeping Institution approved by the City, or Collateral
may be held at the Federal Reserve Bank.
Safekeeping of Repurchase Agreement Collateral
Repurchase Agreement Collateral is restricted to U.S. Treasuries and
must be delivered to a Third-Party Safekeeping Institution with which the
City has (subiect to the limitation described in Section X.C. above)
established a third-party safekeeping agreement.
Guaranteed Investment Agreement Collateral
Guaranteed investment contract collateral is restricted to U.S. Treasuries
and Agencies (subject to the limitation described in Section X.C. above)
and must be delivered to a Third-Party Safekeeping Institution with which
a third-party safekeeping agreement has been established pursuant to the
terms of the guaranteed investment contract.
SECTION 12. A copy of the amended City Investment Policy is attached and
incorporated as an Exhibit. The investment Policy is adopted as amended. The
adoption of this Resolution is in furtherance of the City's statutory duty under Chapter
2256, Texas Government Code, to review its investment policy and investment strategy
not less often than ~annually, and adopt a written resolution evidencing the review of and
approval of changes to its Investment Policy.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: April 10, 2003
Lisa Aguilar
Assistant City A'~torney
for City Attorney
Samuel L. Neal, Jr.
Mayor
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INVESTMENT POLICY
Investment Policy- Resolution No.
Approved on
TABLE OF CONTENTS
Page
I. INTRODUCTION ............................................................................................................ 3
II. PURPOSE ...................................................................................................................... 3
III. DEFINITIONS ................................................................................................................. 4
IV. INVESTMENT OBJECTIVES ......................................................................................... 5
V. AUTHORIZED INVESTMENTS AND MAXIMUM TERM ................................................ 7
VI. INVESTMENT MIX AND STRATEGIES ....................................................................... 10
VII. RESPONSIBILITY AND CONTROLS ........................................................................... 12
VIII. COMPETITIVE SOLICITATION ................................................................................... 14
IX. AUTHORIZED INSTITUTIONS .................................................................................... 14
X. PLEDGED COLLATERAL ............................................................................................ 15
XI. SAFEKEEPING ............................................................................................................ 15
XII. WIRE AND ELECTRONIC SERVICES ......................................................................... 16
XIII. INFORMATION REPORTING/EVALUATION ............................................................... 16
XIV. BANKING SERVICES .................................................................................................. 17
XV. GENERAL PROVISIONS ............................................................................................. 18
APPENDICES
B.
C.
D.
E.
F.
G.
PUBLIC FUNDS INVESTMENT ACT ........................................................................... 19
LIST OF AUTHORIZED CITY REPRESENTATIVES .................................................... 29
CITY'S CODE OF ETHICS ORDINANCE ..................................................................... 30
CITY'S INDEMNIFICATION ORDINANCE ................................................................... 43
WIRE AND ELECTRONIC SERVICES ......................................................................... 45
INVESTMENT POLICY RESOLUTIONS ...................................................................... 46
RESOLUTION .............................................................................................................. 49
2
I. INTRODUCTION
The City of Corpus Christi shall invest all available monies in compliance with this Investment
Policy as authorized by the Public Funds Investment Act.
Effective cash management is recognized as essential to good fiscal management. An
aggressive cash management program will be pursued to maximize interest earnings as a
viable and material revenue source. The City's portfolio shall be designated and managed in a
manner responsive to the public trust and consistent with local, state, and federal law.
Investments shall be made with the primary objective of:
· Preservation of capital and protection of principal;
· Maintenance of sufficient liquidity to meet operating needs;
· Security of city funds and investments;
· Diversification of investments to minimize risk while maximizing interest earnings; and
· Maximization of return on the po~olio.
Earnings from investments will be used in a manner that will best serve the interests of the City
of Corpus Christi.
Investments shall be made with judgment and care, under prevailin,q circumstances, that R
person of prudence, discretion and intelli.qence would exercise in the mana.qement of that
person's own affairs, not for speculation, but for investment, considering the probable safety of
capital and the probable income to be derived.
II. PURPOSE
A. Authorization
This Investment Policy is authorized by the City Council (see Appendix F) in
accordance with Chapter 2256, Subchapter A of the Government Code - The
Public Funds Investment Act (see the attached and incorporated Appendix A).
B. Scope
This Investment Policy applies to activities of the City, excluding pension funds,
with regard to investing the financial assets of Funds, including, but not limited to:
General Funds
Special Revenue Funds
Enterprise Funds
Internal Service Funds
Special Purpose Funds (within the control of Investment Officers)
Capital Improvement Funds (Bond Proceeds, Bond Reserves and Debt Service,
Interfund Transfer and Commercial Paper)
In addition to this policy, the investment of Bond Funds, Debt Service, and
Reserve Funds shall be managed by their governing ordinances and Federal
Law, including the Tax Reform Act of 1986 and subsequent legislation.
C. Review and Amendment
This Policy shall be reviewed annually by the City Council on or before
December 31 of each calendar year subsequent to its adoption. Amendments
must be authorized by the City Council. The City Council shall adopt a written
instrument by ordinance or resolution stating that it has reviewed the Investment
Policy. The written instrument so adopted shall record any changes made to the
investment Policy.
II1. DEFINITIONS
Authorized City Representative - Officers authorized to transact as set out in the attached and
incorporated Appendix B on behalf of the City (City Treasurer, Controller, Chief Accountant, and
Director of Financial Services).
Authorized Selling Group - Primary dealer and regional firms that have been selected by the
underwriter to sell their securities. Each authorized member of a selling group will offer the
issue at the price authorized by the governmental agency.
Collateral - Securities pledged by an Institution to safeguard City assets; the City requires either
U.S. Treasuries or U.S. Agencies Securities so that the market values can be readily
determined at any point in time.
Director of Financial Services - The Director of Financial Services is the Municipal Finance
Officer responsible for City investments.
Director of Financial Services Designee - Controller or Chief Accountant.
Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings.
Failed Transaction - An Investment, which an Institution fails to deliver the City's Third Party
Safekeeping Institution.
Institution - Any firm, bank, bank holding company, broker or dealer who provides quotes for
either the purchase or sale of investments.
Investment - All authorized Securities listed in Item V. Authorized investments and maximum
term investments approved by the Investment Committee include U.S. Treasuries, U.S.
Agencies, Repurchase Agreements, Local Government Investment Pool, Guaranteed
Investment Contracts (with respect to bond proceeds), and Collateralized Certificates of
Deposit.
Investment Officers - City Treasurer and Investment Analyst.
investment Portfolio - All City monies being invested under authority of the Investment Officers.
Qualified Representative - A person, who holds a position with a business organization, who is
authorized to act on behalf of the business organization, and who is one of the following:
(A) For a business organization doing business that is regulated by or registered with
a securities commission, a person who is registered under the rules of the
National Association of Securities Dealers;
(B)
For a state or federal bank, a savings bank, or a state or federal credit union, a
member of the loan committee for the bank or branch of the bank or a person
authorized by corporate resolution to act on behalf of and bind the banking
institution; or
(c)
For an investment pool, the person authorized by the elected official or
board with authority to administer the activities of the investment pool to
sign the written instrument on behalf of the investment pool.
(D)
For an investment management firm registered under the Investment
Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to
registration under that Act, registered with the State Securities Board, a
person who is an officer or principal of the investment management firm.
Reserve Funds - Funds designated by Council for specific purposes, which have not been
appropriated for spending.
Securities - Approved Investments designated by the Investment Committee to be held in the
Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City.
Special Purpose Funds - Monies of non-profit corporations that Investment Officers are
permitted to invest; includes such entities as the Corpus Christi Health Facilities Development
Corporation, Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing
Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First
Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business
and Job Development Corporation, Nodh Padre Island Development Corporation, and Corpus
Christi Crime Control and Prevention District.
Third Party Safekeeping Institution - Any Institution not affiliated with Institution
delivering the Investment.
IV. INVESTMENT OBJECTIVES
The followinq states the investment objectives of the City, in order of priority:
A, Preservation and Safety of Principal
Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall Investment Portfolio.
B, Liquidity
The City's Investment Portfolio must be structured in a mannerT which maintains
the liquidity necessary to pay obligations as they become due. Sufficient cash
flows must be maintained by rapidly depositing monies and timing
disbursements. Generally, Investments are matched to specific cash flow
requirements such as payrolls, construction drawdown schedules, debt service
payments, and other payables. Liquidity is also achieved by investing in
Investments with active secondary markets or in Local Government Pools with
stable net asset values.
It is imperative that the Investment Portfolio and Excess Cash Balances be
protected with sufficient Collateral at a minimum of 102% of current market
values so that monies are available as needed.
Return on Investments
The City's Investment Portfolio shall be designed with the objective of regularly
exceeding the average yield of the following benchmarks in a manner consistent
with the principles of this policy described in IV.A and B.
Operating Funds - Six-Month Constant Maturity Index
Capital Improvement Funds -Three-Month Constant Maturity Index
Core Funds- One-Year Constant Maturity Index
Special Funds -Three-Month U.S. Treasury Bill Yield
However, it must be recognized that during a declining market, satisfying this
objective may not be practical until Investments mature and can be re-invested,
especially since preservation of capital is the first priority in the investment of
monies pursuant to this Policy.
For bond issues to which arbitrage restrictions apply, the primary objectives shall
be to obtain satisfactory market yields and to minimize the costs associated with
investing such monies.
Diversification
Diversification is required because of differing liquidity needs of the City and is
employed as a way to control risk. Diversification minimizes the risk to the
overall Investment Portfolio of potential losses on individual Securities and
enhances the safety of the Investment Portfolio.
Through the solicitation of competitive proposals, the City shall allocate and
diversify its Investments through various Institutions. The following types of
Investments will be solicited from approved Institutions:
5.
6.
7.
U.S. Treasuries
U.S. Government Agencies
Repurchase Agreements - through a Third Party Safekeeping Institution
Agreement, which includes an approved primary dealer doing business in
Texas as required by the PFIA.
Public Funds Investments Pools - through participation agreements; and
Certificates of Deposit - through approved local banks.
Money Market Mutual Funds
Guaranteed Investment Contracts (for Bond Proceeds only)
The City recognizes that investment risks can result from default risk, credit
volatility risk, and market price risks due to various technical and fundamental
economic factors, and other complications, leading to temporary illiquidity.
6
To control market price risks, volatile Investments shall be avoided. To control
default risk, the only acceptable method of payment will be on a delivery versus
payment-basis for all transactions, except investment pool funds and repurchase
agreements.
Delivery versus Payment provides for payment to Institutions at the time the
Investments are recorded in book entry form at the City's Third Party
Safekeeping Institution, currently maintained at the Federal Reserve. For
certificates of deposit, sufficient Collateral at 102% of current market values must
be pledged to protect all City monies or monies under its control that exceed
Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be
safekept at a Third Party Safekeeping Institution not affiliated with the bank or
bank holding company providing the certificate of deposit.
AUTHORIZED INVESTMENTS AND MAXIMUM TERM
The City of Corpus Christi is authorized to invest in:
A. Authorized Investments
Obligations of the United States or its agencies and instrumentalities, which
currently include:
1. Short-term U.S. Treasuries: Maximum Term
a. U.S. Treasury Bills .................................................. up to 365 days
b. U.S. Treasury Coupon Notes .................................... upto 3 years
c, U.S. Treasury Notes and Strips ............................... up to 3 years*
*see Section V.B.3.
U.S. Agencies:
a.
b.
C.
d.
e,
Maximum Term
Federal Home Loan Bank ......................................... up to 2 years
Federal National Mortgage Association ..................... up to 2 years
Federal Farm Credit .................................................. up to 2 years
Federal Home Loan Mortgage Corporation ............... up to 2 years
Student Loan Marketing Association ......................... up to 2 years
3. Repurchase Agreements ........................................... up to 365 days
Repurchase agreements fully collateralized at 102% with a defined
maturity date placed with a primary government dealer and safekept at a
Third Party Safekeeping Institution, as provided under the provisions of
the PSA (Public Securities Association) master repurchase agreement.
An executed agreement between the City, primary government dealer
and Third Party Safekeeping Institution will be on file before the City will
enter into a tri-party repurchase agreement.
Weekly monitoring by the City's Investment Officers of all Collateral
underlying repurchase agreements is required. More frequent monitoring
may be necessary during periods of market volatility. Reverse
repurchase agreements are not a permitted Investment.
4. Local Government Investment Pool ......................................... daily
Investments made on behalf of the City by a public funds investment pool
duly created to function as a money market mutual fund that marks its
portfolio to market daily and, to the extent reasonably possible, which
stabilizes its portfolio to market daily and, to the extent reasonably
possible1 which stabilizes its portfolio at a $1 net asset value. If the ratio
of the market value of the Pool's portfolio divided by the book value of the
portfolio is less than 99.50% or greater than 100.50%, the Pool's portfolio
holdings shall be sold as necessary to maintain the ratio between 99.50%
and 100.50%.
No more than $65,000,000 may be invested in each local government
investment pool at any time. The Director of Financial Services or
designee may allow for up to a two-day increase in maximum amounts
upon notification to Investment Committee.
The public funds investment pool must be continuously rated no lower
than AAA or AAA-m or at an equivalent rating by at least one nationally
recognized rating service with a weighted average maturity no greater
than 90 days. Local Government Investment Pools may contain
investment securities that are not directly authorized by this Policy, so
Ion.q as (i) the rating standard hereinabove stated is satisfied, and (ii) the
investment is permitted by Subchapter A of the Texas Public Funds
Investment Act, Chapter 2256 of the Texas Government Code.
$. Collateralized Certificates of Deposit ............................. up to 1 year
Certificates of deposit or other instruments issued by state and national
banks domiciled in Texas that are:
Guaranteed or insured by the Federal Deposit Insurance
Corporation or its successor; or
Secured by obligations that are described by Section V,
Subdivision A.1 (a) through A.2 (e).
Certificates of deposit must be futly collateralized at 102% of their
market value. The City requires the bank to pledge U.S.
Treasuries or U.S. Agencies as collateral. (Collateral Mortgage
Obligations will not be eligible as Collateral-see X.C.). The
Investment Officers will monitor adequacy of collateralization on a
weekly basis.
6. Money Market Mutual Fund
A no-load money market mutual fund is an authorized investment if:
the money market mutual fund is reqistered with and regulated
by the Securities and Exchanqe Commission
the money market mutual fund provides the City with a
prospectus and other information required by the Securities
Exchange Act of 1934 (15 USC. Section 78a et seq.} or the
8
Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et
seq.);
c. the money market mutual fund has a dollar weighted average
stated maturity of 90 days or fewer; and
d. the money market mutual fund includes in its investment
objectives the maintenance of a stable net asset value of $1
for each share.
e. the assets of the money market mutual fund are invested in
those investments authorized under this Investment Policy.
7. Guaranteed Investment Contracts ............................... up to 3 years
Guaranteed investment contracts offer to pay a specific interest rate over
a period of time1 and can be structured to reflect an anticipated draw
down schedule for capital improvements funded with bond proceeds. The
collateral and monitorin,q requirements applicable to repumhase
aRreements shall apply to ,quaranteed investment contracts. A
,quaranteed investment contract may be utilized only in connection with
the investment of bond proceeds. The maximum term of a ,quaranteed
investment contract shall not exceed the anticipated construction period
for the capital improvement, the construction of which is to be funded with
Bond Proceeds.
Weighted Average Maturity
In order to minimize risk of loss to the Investment Portfolio due to interest rate
fluctuations, Investment maturities will not exceed the anticipated cash flow
requirements of the Funds. Maturity guidelines by Fund are as follows:
The maximum term for any Investment other than Reserve Funds is three years.
The weighted averaged days to maturity shall be less than 365 days for
Investments, other than Reserve Funds.
1. Operating Funds
The weighted average days to maturity of Investments, other than
Reserve Funds, shall be 365 days or less. The Investment Officers will
monitor the maturity level and make changes as appropriate.
Capital Improvement Funds (Bond Proceeds, Bond Reserves, and Debt
Service)
The Investment maturity of that portion of the City Portfolio that
represents Capital Improvement Funds (bond proceeds, reserve funds,
and debt service) shall be determined considering:
The anticipated cash flow requirements of the Capital
Improvement Funds; and
The "temporary period" as defined by Federal income tax law
during which time bond proceeds may be invested at an
unrestricted yield. After the expiration of the temporary period,
VI.
bond proceeds subject to yield restriction shall be invested
considering the anticipated cash flow requirements of the Capital
Improvement Funds.
Before an Investment can be made of bond proceeds from all bond
issues affected by the tax-exempt bond provisions of the Internal
Revenue Code of 1986, as amended (the "lRC"),~-a,x~w~s~
~ a careful yield analysis must be performed to comply with the
ReferrmA~-IRC. Also, an annual rebate calculation must be performed to
determine if the City is required to rebate interest at the end of each
respective bond issue's five-year term.
Beginning on the anniversary of the third year for the respective bond
issues, all bond proceeds will be yield restricted as required by the T3x
Refer~m~ IRC.
Reserve Funds: Established by Operative Bond Funds or by the City
Council.
The following Reserve Funds may be invested up to seven years in U.S.
Treasuries: Maximum
Choke Canyon Fund 4050 ............................................ $2,000,000
Debt Service Fund 2010 ............................................... $4,000,000
Utility Refunding Fund 4100 .......................................... $5,975,000
City monies governed by this Policy may not be invested in other
investments permitted by law unless (~-(i) such investments are
specifically authorized for the investment of these monies by an
ordinance adopted by the City Council issuing bonds or other debt
obligations or (ii) this Policy is amended to permit such investment.
C. Methods to Monitor Investment Market Price
The City monitors the market price of investments by obtaining this information
from the Bloomberg system or the Tele-Rate system which is made available
through the City's authorized institutional brokers. The City may also obtain
market price information from other nationally recognized sources of financial
information such as the Wall Street Journal.
INVESTMENT MIX AND STRATEGIES
A. Investment Mix
A minimum of 15% of the total Investment Portfolio shall be held in Investments
with maturity dates of 90 days or less for liquidity. U.S. Treasuries/Agencies may
be purchased for longer-term maturities (greater than one year) but shall not
exceed 40% of the total Investment Portfolio to preserve liquidity.
Daily Investment reports shall specifically address whether stated Investment mix
requirements are being met. Unless approved by the Investment Advisory
Committee, the target percentages specified shall not be exceeded for temporary
]0
periods greater than thirty (30) days without the Investment Officers taking
corrective action.
Strategies
Investment strategies for Operating Funds and Capital Improvement Funds have
as their primary objective the assurance that anticipated cash flows are matched
with adequate investment liquidity. The secondary objective is to create an
Investment Portfolio structure, which will experience minimal volatility during
economic cycles. To accomplish this strategy, the City will purchase high quality,
short-to-medium-term investments which will compliment each other.
To pay for anticipated disbursements, investments will be laddered to correspond
with the projected cash needs of the City. Some Investments are acquired on
the short end of the yield curve (90 days or less) to meet immediate cash needs,
A few Investments are purchased on the intermediate part of the yield curve (1-3
years) to lock in higher interest rates when rates are projected to decline due to
the economic cycle ofthe economy. The dollar weighted average investment
maturity of 365 days or less will be calculated using the stated final maturity
dates of each investment.
Investment strategies for debt service funds shall have as the primary objective
the assurance of investment liquidity adequate to cover the debt service
obligations on the required payment date. Investments purchased shall not have
a stated final maturity date that exceeds the debt service payment date.
Investment strategies for debt service reserve funds shall have as the primary
objective the ability to generate a dependable revenue stream to the appropriate
debt service fund from investments with a Iow degree of volatility. In accordance
with the bond ordinance specific to an individual bond issue, which sets out the
maximum investment term, Investments should be of high quality, with short-to-
intermediate-term maturities.
Investment strategies for Special Purpose Funds will have as their primary
objective the assurance that anticipated cash flows are matched with adequate
Investment liquidity.
These investment portfolios shall include highly liquid investments to allow for
flexibility and unanticipated project outlays. The stated final maturity dates of
Investments held shall not exceed the estimated project completion date.
Achieving Investment Return Objectives
Investment selection shall be based on legality, appropriateness, liquidity, and
risk/return considerations. Monies designated for immediate expenditure should
be passively invested.
Passive investment provides for:
Liquidity to pay upcoming disbursements (payroll, debt service,
payments, payables, etc.)
Maximizing investment terms under the current budget; and
VII.
3. Structuring the Investment Portfolio on a "laddered" basis,
The remaining portion of the Investment Portfolio may be invested actively and
the reasons for doing so are:
Active investment provides for:
The ability to improve yields in the Investment Portfolio by riding the yield
curve during business cycle recovery and expansion periods. Interest
rates on longer maturities typically exceed those on shorter maturities.
Therefore, longer maturities (that can be held to maturity, if necessary)
are purchased in anticipation of selling later at the same or lower interest
rate, improving the total return during the holding period,
The ability to improve market sector diversification by swapping out of
one investment into another for a better total return, to realign for
disbursement projections, or to extend or shorten maturity depending on
economic forecasts. The City Manager, or his designee, is required to
approve any investment that must be sold at a loss. All gains and losses
will be reported to the City Council and Investment Committee no less
frequently than on a quarterly basis.
RESPONSIBILITY AND CONTROLS
A. Authority to Invest
The authority to invest City funds and the execution of any documentation
necessary to evidence the investment of City funds is granted to the Director of
Financial Services. The City Treasurer and the Investment Analyst are the
designated Investment Officers responsible for the daily operation of the
investment program. All investments will be approved in writing by the Director
of Financial Services or Designee (excluding Investment Officers).
The City Council may contract with an investment management firm registered
under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or
with the State Securities Board to provide for the investment and management of
public funds or other funds under its control. A contract made under authority of
this subsection may not be for a term longer than two years. A renewal or
extension of the contract must be made by the City Council by ordinance or
resolution.
B. Establishment of Internal Controls
The City Treasurer will establish a system of internal controls over the
Investment activities of the City and document such controls in the Investment
Procedures Manual. These internal controls shall be approved by the Director of
Financial Services.
C, Prudent Investment Management
Investments shall be made with the same judgment and care, under prevailing
circumstances, that a person of prudence, discretion, and intelligence would
Eo
exercise in the management of the person's own affairs, not for speculation, but
for investment, considering the probable safety of capital and the probable
income to be derived. Prudent investment is to be judged by the Investment
Portfolio as a whole, not on individual Investments.
If liquidation is necessary due to a pool losing its AAA rating or for other reasons,
liquidation will be done in a prudent manner consistent with the investment
objectives of this policy and as provided in 2256.021 of the Government Code.
Investment of monies shall be governed by the following investment objectives in
order of priority:
preservation and safety of principal;
liquidity; and
yield.
The designated Investment Officers shall perform their duties in accordance with
the adopted Investment Policy and Procedures set forth in the Investment
Procedures Manual. Investment Officers acting in good faith and in accordance
with these policies and procedures shall be relieved of personal liability. The
Investment Committee and Officers are indemnified as provided by City
Ordinance attached and incorporated as Appendix D.
Standards of Ethics
The Investment Committee and City Treasurer will comply with the City's Code of
Ethics Ordinance attached and incorporated as Appendix C which requires
disclosure of financial interests by April of each year.
The designated Investment Officers and all members of the Investment
Committee shall adhere to the City's Ethics Ordinance. To the extent required by
section 2256005(I) of the Government Code, the Investment Committee and City
Treasurer shall make such filings as required by law.
Training and Education
Recognizing that the training and education of Investment Officers contributes to
efficient and effective investment management, the City requires its Investment
Officers to obtain appropriate professional training. Such training is currently
required by, and shall be obtained in accordance with Section 2256.008 of the
Government Code Public Funds Investment Act. The Investment Committee
approves investment-training seminars presented by the following organizations:
Government Finance Officers Association
Government Finance Officers Association of Texas
Government Treasurers Organization of Texas
Municipal Treasurers Association
Texas Municipal League
UNT Center for Public Management
If the Investment Officer desires to attend an investment-training seminar
presented by another organization for training credit, such seminar must be
approved by the City Manager or his designee.
VIII. COMPETITIVE SOLICITATION
IX,
Except for repurchase agreements, guaranteed investment contracts, and public
funds investment pools, any new issue investment will be purchased through an
Authorized Selling Group or directly through the issuer.
For any Investment pumhased or sold through the secondary market, the City will
obtain at least three proposals from Authorized Institutions.
Any Institution authorized to participate in the City's investment program must
meet Collateral pledge requirements outlined in Section IV.D. of these guidelines
and must submit annual financial reports.
AUTHORIZED INSTITUTIONS
All institutions who seek to sell an authorized Investment to the City are required
to complete the questionnaire approved by the Investment Committee and
furnish supporting documentation required by the Investment Committee.
Securities shall only be purchased through those Institutions approved by the
Investment Committee.
Investments shall only be made with those Institutions who have executed a
written instrument in a form acceptable to the City, executed by a Qualified
Representative of the Institution, and substantially to the effect that the Institution
has:
Received, thoroughly reviewed and acknowledged, in writing,
receipt and understanding of the City's Investment Policy, and;
Acknowledged that the Institution has implemented reasonable
procedures and controls in an effort to preclude investment
transactions conducted between the Institution and the City that
are not authorized by the City's Investment Policy.
Investments shall only be made with those Institutions who have met the
qualifications and standards established by the City's Investment Committee and
set forth in the Investment Procedures Manual.
The Investment Committee shall, at least annually, review, revise, and adopt a
list of qualified brokers that are authorized to engage in investment transactions
with the City.
The City Treasurer will request the Investment Committee to authorize deletion of
Institutions for:
Slow response time;
Less than competitive pricing;
Little or no information on technical or fundamental expectations based
on economic indicators;
Failed transactions or continuing operational difficulties; or
Unwillingness to continue to abide the provisions listed in IX.A.; or
Other reasons as approved by the Investment Committee.
X. PLEDGED COLLATERAL
The market value of pledged Collateral must be at least 102% of the principal plus accrued
interest for Excess Cash Balances, certificates of deposit, guaranteed investment contracts, and
repurchase agreements. Evidence of proper collateralization in the form of original safekeeping
receipts held at a Third Party Safekeeping Institution not affiliated with the Institution pledging
the Collateral will be approved by the City Treasurer and will be maintained in the City's
Treasurer Office. An authorized City Representative (See Appendix B) will approve and release
all pledged collateral.
A. Collateral Substitution
Collateralized Investments and certificates of deposit often require substitution of
Collateral. Any Institution must contact the Investment Officers for approval and
settlement. The substituted collateral's value will be calculated and substitution
approved if its value is equal to or greater than the required collateral value.
Substitution is allowable for all transactions, but should be limited, to minimize
the City's potential administrative problems.
B. Collateral Reductions
Should the collateral's market value exceed the required amount, any Institution
may request approval from the Investment Officer to reduce collateral. Collateral
reductions may be permitted only if the City's records indicate that the collateral's
market value exceeds the required amount.
C. Prohibited Securities
Investment securities described in Section 2256.009(b), Government Code, shall
not be eligible for use as collateral of City monies governed by this Policy.
Xl. SAFEKEEPING
A Third Party Safekeeping Agreement
The City shall contract with a Bank or Banks for the safekeeping of Securities
either owned by the City as a part of its Investment Portfolio or held by the City or
a Third Party Safekeeping Institution as Collateral to secure certificates of
deposit, repurchase agreements, guaranteed investment contracts or Excess
Cash Balances.
B. Safekeeping of Certificate of Deposit Collateral
All Collateral securing bank and savings and loan deposits must be held by a
Third Party Safekeeping Institution approved by the City, or Collateral may be
held at the Federal Reserve Bank.
C. Safekeeping of Repurchase Agreement Collateral
Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be
delivered to a Third-Par[y Safekeeping Institution with which the City has (subject
to the limitation described in Section X.C. above) established a third-party
safekeeping agreement,
Guaranteed Investment ARreement Collateral
Guaranteed investment contract collateral is restricted to U.S. Treasuries and
A.qencies (subject to the limitation described in Section X.C. above) and must be
delivered to a Third-Party Safekeepin.q Institution with which a third-party
safekeepin.q agreement has been established pursuant to the terms of the
,quaranteed investment contract.
XlI. WIRE AND ELECTRONIC SERVICES
Wire and electronic services are to be provided as referenced in the City's
Depository Services agreement, portions of which are attached and incorporated
as Appendix E. The City requests applications for depository services every
three to five years.
Xlll. INFORMATION REPORTING/EVALUATION
The City Treasurer and Investment Analyst are hereby designated as the
Investment Officers and are responsible for the daily operation of the Investment
program and will repod to the Investment Committee on a quarterly basis.
A. Investment Committee consists of:
City Manager
Deputy City Manager
Assistant City Managers
Director of Financial Services
City Attorney
Director of Management and Budget
The Investment Committee will be responsible for monitoring, reviewing, and
making recommendations regarding the City's Investment program to the City
Council. Reports will be provided to the City Council by the Investment Officers
no less than quarterly, as required by the Public Funds Investment Act.
B. Internal Reporting/Evaluation
The following reports are to be submitted on a:
Daily basis to the Director of Financial Services or Designee (Excluding
Investment Officers):
Cash Position by Bank Account
Collateral Position
Investment Portfolio (Including Purchases/Maturities)
2. Quarterly Reporting to Investment Committee and City Council.
Executive Summary
Schedules
m.
n.
o.
U.
V.
W.
Combined Investment Report of Market Versus Book Values
Combined Portfolio Composition
Individual Portfolio Composition
Cash and Equivalents
U.S. Treasuries
Investments Greater than One Year
Combined Summary of Investment Transactions
Combined Summary of Portfolio Activity
Combined Investment Portfolio - Weighted Average Maturity
Income Received from Investments
Combined Analysis of Gains on Sale of Securities
Aggregate Activity per Broker
Analysis of Excess Coverage
Comparison of Investment Returns to Benchmarks
Combined Summary of Investment Transactions - Lake Texana
Project
Summary of Portfolio Activity - Lake Texana Project
Weighted Average Maturity - Lake Texana Project
Trade Journal
Trade Journal
Approved Institutional Brokers
Glossary
Compliance Statement
Quarterly Investment Committee Meeting Agenda and Minutes
C. External Reporting/Evaluations
On a quarterly basis, the City's main depository and all applicable Institutions
providing certificates of deposit in excess of FDIC coverage will provide to the
Investment Officer for review a copy of the balance sheet and income statement
for the Call Report. All Institutions will provide annual audited financial
statements. Any local government investment pools must provide reports and
disclosure statements as required by the Public Funds Investment Act.
D. Record Retention
The City follows the guidelines of retaining records for seven years from City's
current fiscal year, as recommended in the Texas State Library Municipal
Records Manual or may be authorized by the City's local records management
guidelines.
XlV. BANKING SERVICES
All depository services are provided in the City's main depository agreement.
Other services such as credit cards, direct deposit of payroll or other services
may be administered through separate agreements. To aggressively invest
Excess Cash Balances, controlled disbursements accounts, zero balance
accounts and other cash management tools may be employed.
I?
XV. GENERAL PROVISIONS
Audits and Inspections. During regular business hours and as often as the
Investment Officers deem necessary, the Institution providing certificates of
deposit will make available for examination by the City Manager, his duly
authorized agent, accountant, or legal representative, such records and data to
assure the pledge of Collateral, availability of Collateral, and financial stability of
the Institution.
Compliance with Laws. Each Institution agrees to comply with all federal, state,
and local laws, rules, regulations, and ordinances. The personnel or officers of
such Institution shall be fully qualified and authorized under federal, state, and
local law to perform the services set out under this Policy. Each Institution shall
permit the Investment Officers to audit, examine, and make excerpts or
transcripts from such records and to make audits of all contract, invoices,
materials, and other data relating to applicable Investments~
Performance Audits. The City's Annual External Financial Audit shall include a
compliance audit of management controls on Investments and adherence to this
Policy. If the City invests in other than money market mutual funds, investment
pools or accounts offered by its depository in the form of certificates of deposit or
money market accounts, the quarterly reports prepared by Investment Officers
for the City Council must be formally reviewed at least annually by an
independent auditor. The results of the review must be reported to the City
Council by that auditor.
Investment Policy Resolution. The resolution authorizing this Investment
Policy is attached and incorporated as Appendix F "Investment Policy
Resolutions."
APPENDIX A.
TEXAS GOVERNMENT CODE
CHAPTER 2256. PUBLIC FUNDS INVESTMENT
SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES
§ 2256.001. Short Title
This chapter may be cited as the Public Funds Investment Act.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.002. Definitions
In this chapter:
(1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other
obligations issued by an entity, and reserves and funds maintained by an entity for debt
service purposes.
(2) "Book value" means the original acquisition cost of an investment plus or minus the
accrued amortization or accretion.
(3) "Funds" means public funds in the custody of a state agency or local government
that:
(A) are not required by law to be deposited in the state treasury; and
(B) the investing entity has authority to invest.
(4) "Institution of higher education" has the meaning assigned by Section 61.003,
Education Code.
(5) "Investing entity" and "entity" mean an entity subject to this chapter and described by
Section 2256.003.
(6) "Investment pool" means an entity created under this code to invest public funds
jointly on behalf of the entities that participate in the pool and whose investment
objectives in order of priority are:
(A) preservation and safety of principal;
(B) liquidity; and
(C) yield.
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(7) "Local government" means a municipality, a county, a school district, a district or
authority created under Section 52(b)(1) or (2), Article III, or Section 59, Article XVI,
Texas Constitution, a fresh water supply district, a hospital district, and any political
subdivision, authority, public corporation, body politic, or instrumentality of the State of
Texas, and any nonprofit corporation acting on behalf of any of those entities.
(8) "Market value" means the current face or par value of an investment multiplied by
the net selling price of the security as quoted by a recognized market pricing source
quoted on the valuation date.
(9) "Pooled fund group" means an internally created fund of an investing entity in which
one or more institutional accounts of the investing entity are invested.
(10) "Qualified representative" means a person who holds a position with a business
organization, who is authorized to act on behalf of the business organization, and who is
one of the following:
(A) for a business organization doing business that is regulated by or registered with a
securities commission, a person who is registered under the rules of the National
Association of Securities Dealers;
(B) for a state or federal bank, a savings bank, or a state or federal credit union, a
member of the loan committee for the bank or branch of the bank or a person
authorized by corporate resolution to act on behalf of and bind the banking institution;
(C) for an investment pool, the person authorized by the elected official or board with
authority to administer the activities of the investment pool to sign the written instrument
on behalf of the investment pool; or
(D) for an investment management firm registered under the Investment Advisers Act of
1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act,
registered with the State Securities Board, a person who is an officer or principal of the
investment management firm.
(11) "School district" means a public school district.
(12) "Separately invested asset" means an account or fund of a state agency or local
government that is not invested in a pooled fund group.
(13) "State agency" means an office, department, commission, board, or other agency
that is part of any branch of state government, an institution of higher education, and
any nonprofit corporation acting on behalf of any of those entities.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1421, § 1, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 1, eft. Sept. 1,
1999.
20
§ 2256.003. Authority to Invest Funds; Entities Subject to This Chapter
(a) Each governing body of the following entities may purchase, sell, and invest its
funds and funds under its control in investments authorized under this subchapter in
compliance with investment policies approved by the governing body and according to
the standard of care prescribed by Section 2256.006:
(1) a local government;
(2) a state agency;
(3) a nonprofit corporation acting on behalf of a local government or a state agency; or
(4) an investment poop acting on behalf of two or more local governments, state
agencies, or a combination of those entities.
(b) In the exercise of its powers under Subsection (a), the governing body of an
investing entity may contract with an investment management firm registered under the
Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State
Securities Board to provide for the investment and management of its public funds or
other funds under its control. A contract made under authority of this subsection may
not be for a term longer than two years. A renewal or extension of the contract must be
made by the governing body of the investing entity by order, ordinance, or resolution.
(c) This chapter does not prohibit an investing entity or investment officer from using the
entity's employees or the services of a contractor of the entity to aid the investment
officer in the execution of the officer's duties under this chapter.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1999, 76th
Leg., ch. 1454, § 2, eft. Sept. 1, 1999.
§ 2256.004. Applicability
(a) This subchapter does not apply to:
(1) a public retirement system as defined by Section 802.001;
(2) state funds invested as authorized by Section 404.024;
(3) an institution of higher education having total endowments of at least $95 million in
book value on May 1, 1995;
(4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or
164, Natural Resources Code;
(5) registry funds deposited with the county or district clerk under Chapter 117, Local
Government Code; or
2!
(6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the
Internal Revenue Code of 1986 (26 USC. Section 1 et seq.), as amended.
(b) This subchapter does not apply to an investment donated to an investing entity for a
particular purpose or under terms of use specified by the donor.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 505, § 24, eft. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, § 2, eft. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 62, § 8.21, eft. Sept. 1, 1999; Acts 1999, 76th Leg., ch.
1454, § 3, eft. Sept. 1, 1999.
§ 2256.005. Investment Policies; Investment Strategies; Investment Officer
(a) The governing body of an investing entity shall adopt by rule, order, ordinance, or
resolution, as appropriate, a written investment policy regarding the investment of its
funds and funds under its control.
(b) The investment policies must:
(1) be written;
(2) primarily emphasize safety of principal and liquidity;
(3) address investment diversification, yield, and maturity and the quality and capability
of investment management; and
(4) include:
(A) a list of the types of authorized investments in which the investing entity's funds may
be invested
(B) the maximum allowable stated maturity of any individual investment owned by the
entity;
(C) for pooled fund groups, the maximum dollar-weighted average maturity allowed
based on the stated maturity date for the portfolio;
(D) methods to monitor the market price of investments acquired with public funds; and
(E) a requirement for settlement of all transactions, except investment pool funds and
mutual funds, on a delivery versus payment basis.
(c) The investment policies may provide that bids for certificates of deposit be solicited:
(1) orally;
(2) in writing;
(3) electronically; or
(4) in any combination of those methods.
(d) As an integral part of an investment policy, the governing body shall adopt a
separate written investment strategy for each of the funds or group of funds under its
control. Each investment strategy must describe the investment objectives for the
particular fund using the following priorities in order of importance:
(1) understanding of the suitability of the investment to the financial requirements of the
entity;
(2) preservation and safety of principal;
(3) liquidity;
(4) marketability of the investment if the need arises to liquidate the investment before
maturity;
(5) diversification of the investment portfolio; and
(6) yield.
(e) The governing body of an investing entity shall review its investment policy and
investment strategies not less than annually. The governing body shall adopt a written
instrument by rule, order, ordinance, or resolution stating that it has reviewed the
investment policy and investment strategies and that the written instrument so adopted
shall record any changes made to either the investment policy or investment strategies.
(f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as
appropriate, one or more officers or employees of the state agency, local government,
or investment pool as investment officer to be responsible for the investment of its funds
consistent with the investment policy adopted by the entity. If the governing body of an
investing entity has contracted with another investing entity to invest its funds, the
investment officer of the other investing entity is considered to be the investment officer
of the first investing entity for purposes of this chapter. Authority granted to a person to
invest an entity's funds is effective until rescinded by the investing entity, until the
expiration of the officer's term or the termination of the person's employment by the
investing entity, or if an investment management firm, until the expiration of the contract
with the investing entity. In the administration of the duties of an investment officer, the
person designated as investment officer shall exercise the judgment and care, under
prevailing circumstances, that a prudent person would exercise in the management of
the person's own affairs, but the governing body of the investing entity retains ultimate
responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a
person may not deposit, withdraw, transfer, or manage in any other manner the funds of
the investing entity.
23
(g) Subsection (f) does not apply to a state agency, local government, or investment
pool for which an officer of the entity is assigned by law the function of investing its
funds.
Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 685, § I
(h) An officer or employee of a commission created under Chapter 391, Local
Government Code, is ineligible to be an investment officer for the commission under
Subsection (f) if the officer or employee is an investment officer designated under
Subsection (f) for another local government.
Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 1421, § 3
(h) An officer or employee of a commission created under Chapter 391, Local
Government Code, is ineligible to be designated as an investment officer under
Subsection (f) for any investing entity other than for that commission.
(i) An investment officer of an entity who has a personal business relationship with a
business organization offering to engage in an investment transaction with the entity
shall file a statement disclosing that personal business interest. An investment officer
who is related within the second degree by affinity or consanguinity, as determined
under Chapter 573, to an individual seeking to sell an investment to the investment
officer's entity shall file a statement disclosing that relationship. A statement required
under this subsection must be filed with the Texas Ethics Commission and the
governing body of the entity. For purposes of this subsection, an investment officer has
a personal business relationship with a business organization if:
(1) the investment officer owns 10 percent or more of the voting stock or shares of the
business organization or owns $5,000 or more of the fair market value of the business
organization;
(2) funds received by the investment officer from the business organization exceed 10
percent of the investment officer's gross income for the previous year; or
(3) the investment officer has acquired from the business organization during the
previous year investments with a book value of $2,500 or more for the personal account
of the investment officer.
(j) The governing body of an investing entity may specify in its investment policy that
any investment authorized by this chapter is not suitable.
(k) A written copy of the investment policy shall be presented to any person offering to
engage in an investment transaction with an investing entity or to an investment
management firm under contract with an investing entity to invest or manage the entity's
investment portfolio. For purposes of this subsection, a business organization includes
investment pools and an investment management firm under contract with an investing
entity to invest or manage the entity's investment portfolio. Nothing in this subsection
24
relieves the investing entity of the responsibility for monitoring the investments made by
the investing entity to determine that they are in compliance with the investment policy.
The qualified representative of the business organization offering to engage in an
investment transaction with an investing entity shall execute a written instrument in a
form acceptable to the investing entity and the business organization substantially to the
effect that the business organization has:
(1) received and reviewed the investment policy of the entity; and
(2) acknowledged that the business organization has implemented reasonable
procedures and controls in an effort to preclude investment transactions conducted
between the entity and the organization that are not authorized by the entity's
investment policy, except to the extent that this authorization is dependent on an
analysis of the makeup of the entity's entire portfolio or requires an interpretation of
subjective investment standards.
(I) The investment officer of an entity may not acquire or otherwise obtain any
authorized investment described in the investment policy of the investing entity from a
person who has not delivered to the entity the instrument required by Subsection (k).
(m) An investing entity other than a state agency, in conjunction with its annual financial
audit, shall perform a compliance audit of management controls on investments and
adherence to the entity's established investment policies.
(n) Except as provided by Subsection (o), at least once every two years a state agency
shall arrange for a compliance audit of management controls on investments and
adherence to the agency's established investment policies. The compliance audit shall
be performed by the agency's internal auditor or by a private auditor employed in the
manner provided by Section 321.020. Not later than January 1 of each even-numbered
year, a state agency shall report the results of the most recent audit performed under
this subsection to the state auditor. A state agency also shall report to the state auditor
other information the state auditor determines necessary to assess compliance with
laws and policies applicable to state agency investments. A report under this subsection
shall be prepared in a manner the state auditor prescribes.
(o) The audit requirements of Subsection (n) do not apply to assets of a state agency
that are invested by the comptroller under Section 404.024.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 685, § 1, eft. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, § 3, eft. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1454, § 4, eft. Sept. 1, 1999.
§ 2256.006. Standard of Care
(a) Investments shall be made with judgment and care, under prevailing circumstances,
that a person of prudence, discretion, and intelligence would exercise in the
management of the person's own affairs, not for speculation, but for investment,
considering the probable safety of capital and the probable income to be derived.
25
Investment of funds shall be governed by the following investment objectives, in order of
priority:
(1) preservation and safety of principal;
(2) liquidity; and
(3) yield.
(b) In determining whether an investment officer has exercised prudence with respect to
an investment decision, the determination shall be made taking into consideration:
(1) the investment of all funds, or funds under the entity's control, over which the officer
had responsibility rather than a consideration as to the prudence of a single investment;
and
(2) whether the investment decision was consistent with the written investment policy of
the entity.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.007. Investment Training; State Agency Board Members and Officers
(a) Each member of the governing board of a state agency and its investment officer
shall attend at least one training session relating to the person's responsibilities under
this chapter within six months after taking office or assuming duties.
(b) The Texas Higher Education Coordinating Board shall provide the training under this
section.
(c) Training under this section must include education in investment controls, security
risks, strategy risks, market risks, diversification of investment portfolio, and compliance
with this chapter.
(d) An investment officer shall attend a training session not less than once in a two-year
period and may receive training from any independent source approved by the
governing body of the state agency. The investment officer shall prepare a report on this
subchapter and deliver the report to the governing body of the state agency not later
than the 180th day after the last day of each regular session of the legislature.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 73, § 1, eff. May 9, 1997; Acts 1997, 75th Leg., ch. 1421, § 4, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1454, § 5, eff. Sept. 1, 1999.
26
§ 2256.008. Investment Training; Local Governments
(a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial
officer if the treasurer is not the chief financial officer, and the investment officer of a
local government shall:
(1) attend at least one training session from an independent source approved by the
governing body of the local government or a designated investment committee advising
the investment officer as provided for in the investment policy of the local government
and containing at least 10 hours of instruction relating to the treasurer's or officer's
responsibilities under this subchapter within 12 months after taking office or assuming
duties; and
(2) except as provided by Subsections (b) and (e), attend an investment training session
not less than once in a two-year period and receive not less than 10 hours of instruction
relating to investment responsibilities under this subchapter from an independent source
approved by the governing body of the local government or a designated investment
committee advising the investment officer as provided for in the investment policy of the
local government.
(b) An investing entity created under authority of Section 52(b), Article III, or Section 59,
Article ×VI, Texas Constitution, that has contracted with an investment management
firm under Section 2256.003(b) and has fewer than five full-time employees or an
investing entity that has contracted with another investing entity to invest the entity's
funds may satisfy the training requirement provided by Subsection (a)(2) by having an
officer of the governing body attend four hours of appropriate instruction in a two-year
period. The treasurer or chief financial officer of an investing entity created under
authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, and
that has fewer than five full-time employees is not required to attend training required by
this section unless the person is also the investment officer of the entity.
(c) Training under this section must include education in investment controls, security
risks, strategy risks, market risks, diversification of investment portfolio, and compliance
with this chapter.
(d) Not later than December 31 each year, each individual, association, business,
organization, governmental entity, or other person that provides training under this
section shall report to the comptroller a list of the governmental entities for which the
person provided required training under this section during that calendar year. An
individual's reporting requirements under this subsection are satisfied by a report of the
individual's employer or the sponsoring or organizing entity of a training program or
seminar.
(e) This section does not apply to a district governed by Chapter 36 or 49, Water Code.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1421, § 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 6, eft. Sept. 1,
1999.
2?
Amended by Acts 2001, 77th Leg., ch. 69, § 4, eft. May 14, 2001.
§ 2256.009. Authorized Investments: Obligations of, or Guaranteed by
Governmental Entities
(a) Except as provided by Subsection (b), the following are authorized investments
under this subchapter:
(1) obligations, including letters of credit, of the United States or its agencies and
instrumentalities;
(2) direct obligations of this state or its agencies and instrumentalities;
(3) collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States, the underlying security for which is guaranteed by
an agency or instrumentality of the United States;
(4) other obligations, the principal and interest of which are unconditionally guaranteed
or insured by, or backed by the full faith and credit of, this state or the United States or
their respective agencies and instrumentalities;
(5) obligations of states, agencies, counties, cities, and other political subdivisions of
any state rated as to investment quality by a nationally recognized investment rating
firm not less than A or its equivalent; and
(6) bonds issued, assumed, or guaranteed by the State of Israel.
(b) The following are not authorized investments under this section:
(1) obligations whose payment represents the coupon payments on the outstanding
principal balance of the underlying mortgage-backed security collateral and pays no
principal;
(2) obligations whose payment represents the principal stream of cash flow from the
underlying mortgage-backed security collateral and bears no interest;
(3) collateralized mortgage obligations that have a stated final maturity date of greater
than 10 years; and
(4) collateralized mortgage obligations the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1999, 76th
Leg., ch. 1454, § 7, eft. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 558, § 1, eft. Sept. 1, 2001.
§ 2256.010. Authorized Investments: Certificates of Deposit and Share Certificates
A certificate of deposit is an authorized investment under this subchapter if the
certificate is issued by a state or national bank domiciled in this state, a savings bank
domiciled in this state, or a state or federal credit union domiciled in this state and is:
(1) guaranteed or insured by the Federal Deposit Insurance Corporation or its
successor or the National Credit Union Share Insurance Fund or its successor;
(2) secured by obligations that are described by Section 2256.009(a), including
mortgage backed securities directly issued by a federal agency or instrumentality that
have a market value of not less than the principal amount of the certificates, but
excluding those mortgage backed securities of the nature described by Section
2256.009(b); or
(3) secured in any other manner and amount provided by law for deposits of the
investing entity.
Amended by Acts 1995, 74th Leg., ch. 32, § 1, eft. April 28, 1995; Acts 1995, 74th Leg.,
ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, § 6, eft. Sept. 1, 1997.
§ 2256.011. Authorized Investments: Repurchase Agreements
(a) A fully collateralized repurchase agreement is an authorized investment under this
subchapter if the repurchase agreement:
(1) has a defined termination date;
(2) is secured by obligations described by Section 2256.009(a)(1); and
(3) requires the securities being purchased by the entity to be pledged to the entity, held
in the entity's name, and deposited at the time the investment is made with the entity or
with a third party selected and approved by the entity; and
(4) is placed through a primary government securities dealer, as defined by the Federal
Reserve, or a financial institution doing business in this state.
(b) In this section, "repurchase agreement" means a simultaneous agreement to buy,
hold for a specified time, and sell back at a future date obligations described by Section
2256.009(a)(1), at a market value at the time the funds are disbursed of not less than
the principal amount of the funds disbursed. The term includes a direct security
repurchase agreement and a reverse security repurchase agreement.
(c) Notwithstanding any other law, the term of any reverse security repurchase
agreement may not exceed 90 days after the date the reverse security repurchase
agreement is delivered.
(d) Money received by an entity under the terms of a reverse security repurchase
agreement shall be used to acquire additional authorized investments, but the term of
the authorized investments acquired must mature not later than the expiration date
stated in the reverse security repurchase agreement.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.012. Authorized Investments: Banker's Acceptances
A bankers' acceptance is an authorized investment under this subchapter if the bankers'
acceptance:
(1) has a stated maturity of 270 days or fewer from the date of its issuance;
(2) will be, in accordance with its terms, liquidated in full at maturity;
(3) is eligible for collateral for borrowing from a Federal Reserve Bank; and
(4) is accepted by a bank organized and existing under the laws of the United States or
any state, if the short-term obligations of the bank, or of a bank holding company of
which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an
equivalent rating by at least one nationally recognized credit rating agency.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.013. Authorized Investments: Commercial Paper
Commercial paper is an authorized investment under this subchapter if the commercial
paper:
(1) has a stated maturity of 270 days or fewer from the date of its issuance; and
(2) is rated not less than A-1 or P-1 or an equivalent rating by at least:
(A) two nationally recognized credit rating agencies; or
(B) one nationally recognized credit rating agency and is fully secured by an irrevocable
letter of credit issued by a bank organized and existing under the laws of the United
States or any state.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.014. Authorized Investments: Mutual Funds
(a) A no-load money market mutual fund is an authorized investment under this
subchapter if the mutual fund:
3O
(1) is registered with and regulated by the Securities and Exchange Commission;
(2) provides the investing entity with a prospectus and other information required by the
Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq,) or the Investment
Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.);
(3) has a dollar-weighted average stated maturity of 90 days or fewer; and
(4) includes in its investment objectives the maintenance of a stable net asset value of
$1 for each share.
(b) In addition to a no-load money market mutual fund permitted as an authorized
investment in Subsection (a), a no-load mutual fund is an authorized investment under
this subchapter if the mutual fund:
(1) is registered with the Securities and Exchange Commission;
(2) has an average weighted maturity of less than two years;
(3) is invested exclusively in obligations approved by this subchapter;
(4) is continuously rated as to investment quality by at least one nationally recognized
investment rating firm of not less than AAA or its equivalent; and
(5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the
eligibility of investment pools to receive and invest funds of investing entities.
(c) An entity is not authorized by this section to:
(1) invest in the aggregate more than 15 percent of its monthly average fund balance,
excluding bond proceeds and reserves and other funds held for debt service, in mutual
funds described in Subsection (b);
(2) invest any poriion of bond proceeds, reserves and funds held for debt service, in
mutual funds described in Subsection (b); or
(3) invest its funds or funds under its control, including bond proceeds and reserves and
other funds held for debt service, in any one mutual fund described in Subsection (a) or
(b) in an amount that exceeds 10 percent of the total assets of the mutual fund.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1421, § 7, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, § 8, eft. Sept. 1,
1999.
§ 2256.015. Authorized Investments: Guaranteed Investment Contracts
(a) A guaranteed investment contract is an authorized investment for bond proceeds
under this subchapter if the guaranteed investment contract:
(1) has a defined termination date;
(2) is secured by obligations described by Section 2256.009(a)(1), excluding those
obligations described by Section 2256.009(b), in an amount at least equal to the amount
of bond proceeds invested under the contract; and
(3) is pledged to the entity and deposited with the entity or with a third party selected
and approved by the entity.
(b) Bond proceeds, other than bond proceeds representing reserves and funds
maintained for debt service purposes, may not be invested under this subchapter in a
guaranteed investment contract with a term of longer than five years from the date of
issuance of the bonds.
(c) To be eligible as an authorized investment:
(1) the governing body of the entity must specifically authorize guaranteed investment
contracts as an eligible investment in the order, ordinance, or resolution authorizing the
issuance of bonds;
(2) the entity must receive bids from at least three separate providers with no material
financial interest in the bonds from which proceeds were received;
(3) the entity must purchase the highest yielding guaranteed investment contract for
which a qualifying bid is received;
(4) the price of the guaranteed investment contract must take into account the
reasonably expected drawdown schedule for the bond proceeds to be invested; and
(5) the provider must certify the administrative costs reasonably expected to be paid to
third parties in connection with the guaranteed investment contract.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1421, § 8, eft. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, §§ 9, 10, eft.
Sept. 1, 1999.
§ 2256.016. Authorized Investments: Investment Pools
(a) An entity may invest its funds and funds under its control through an eligible
investment pool if the governing body of the entity by rule, order, ordinance, or
resolution, as appropriate, authorizes investment in the particular pool. An investment
32
pool shall invest the funds it receives from entities in authorized investments permitted
by this subchapter.
(b) To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, an investment pool must furnish to the investment officer or other authorized
representative of the entity an offering circular or other similar disclosure instrument that
contains, at a minimum, the following information:
(1) the types of investments in which money is allowed to be invested;
(2) the maximum average dollar-weighted maturity allowed, based on the stated
maturity date, of the pool;
(3) the maximum stated maturity date any investment security within the portfolio has;
(4) the objectives of the pool;
(5) the size of the pool;
(6) the names of the members of the advisory board of the pool and the dates their
terms expire;
(7) the custodian bank that will safekeep the pool's assets;
(8) whether the intent of the pool is to maintain a net asset value of one dollar and the
risk of market price fluctuation;
(9) whether the only source of payment is the assets of the pool at market value or
whether there is a secondary source of payment, such as insurance or guarantees, and
a description of the secondary source of payment;
(1 O) the name and address of the independent auditor of the pool;
(11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds
from the pool and any deadlines or other operating policies required for the entity to
invest funds in and withdraw funds from the pool; and
(12) the performance history of the pool, including yield, average dollar-weighted
maturities, and expense ratios.
(c) To maintain eligibility to receive funds from and invest funds on behalf of an entity
under this chapter, an investment pool must furnish to the investment officer or other
authorized representative of the entity:
(1) investment transaction confirmations; and
(2) a monthly report that contains, at a minimum, the following information:
(A) the types and percentage breakdown of securities in which the pool is invested;
(B) the current average dollar-weighted maturity, based on the stated maturity date, of
the pool;
(C) the current percentage of the pool's portfolio in investments that have stated
maturities of more than one year;
(D) the book value versus the market value of the pool's portfolio, using amortized cost
valuation;
(E) the size of the pool;
(F) the number of participants in the pool;
(G) the custodian bank that is safekeeping the assets of the pool;
(H) a listing of daily transaction activity of the entity participating in the pool;
(I) the yield and expense ratio of the pool;
(J) the portfolio managers of the pool; and
(K) any changes or addenda to the offering circular.
(d) An entity by contract may delegate to an investment pool the authority to hold legal
title as custodian of investments purchased with its local funds.
(e) In this section, "yield" shall be calculated in accordance with regulations governing
the registration of open-end management investment companies under the Investment
Company Act of 1940, as promulgated from time to time by the federal Securities and
Exchange Commission.
(f) To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, a public funds investment pool created to function as a money market mutual
fund must mark its portfolio to market daily, and, to the extent reasonably possible,
stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided
by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio
holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005.
(g) To be eligible to receive funds from and invest funds on behalf of an entity under this
chapter, a public funds investment pool must have an advisory board composed:
(1) equally of participants in the pool and other persons who do not have a business
relationship with the pool and are qualified to advise the pool, for a public funds
investment pool created under Chapter 791 and managed by a state agency; or
(2) of participants in the pool and other persons who do not have a business
relationship with the pool and are qualified to advise the pool, for other investment
pools.
(h) To maintain eligibility to receive funds from and invest funds on behalf of an entity
under this chapter, an investment pool must be continuously rated no lower than AAA or
AAA-m or at an equivalent rating by at least one nationally recognized rating service.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1421, § 9, eft. Sept. 1, 1997.
§ 2256.017. Existing Investments
An entity is not required to liquidate investments that were authorized investments at the
time of purchase.
Added by Acts 1995, 74th Leg., ch. 76, § 5.46(a), eft. Sept. 1, 1995; Acts 1995, 74th
Leg., ch. 402, § 1, eft. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, § 10,
eft. Sept. 1, 1997.
§ 2256.019. Rating of Certain Investment Pools
A public funds investment pool must be continuously rated no lower than AAA or AAA-m
or at an equivalent rating by at least one nationally recognized rating service or no lower
than investment grade by at least one nationally recognized rating service with a
weighted average maturity no greater than 90 days.
Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. Amended by Acts 1997,
75th Leg., ch. 1421, § 11, eft. Sept. 1, 1997.
§ 2256.020. Authorized Investments: Institutions of Higher Education
In addition to the authorized investments permitted by this subchapter, an institution of
higher education may purchase, sell, and invest its funds and funds under its control in
the following:
(1) cash management and fixed income funds sponsored by organizations exempt from
federal income taxation under Section 501(0, Internal Revenue Code of 1986 (26
USC. Section 501(f));
(2) negotiable certificates of deposit issued by a bank that has a certificate of deposit
rating of at least 1 or the equivalent by a nationally recognized credit rating agency or
that is associated with a holding company having a commercial paper rating of at least
A-l, P-l, or the equivalent by a nationally recognized credit rating agency; and
(3) corporate bonds, debentures, or similar debt obligations rated by a nationally
recognized investment rating firm in one of the two highest long-term rating categories,
without regard to gradations within those categories.
Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.0201. Authorized Investments; Municipal Utility
(a) A municipality that owns a municipal electric utility that is engaged in the distribution
and sale of electric energy or natural gas to the public may enter into a hedging contract
and related security and insurance agreements in relation to fuel oil, natural gas, and
electric energy to protect against loss due to price fluctuations. A hedging transaction
must comply with the regulations of the Commodity Futures Trading Commission and
the Securities and Exchange Commission. If there is a conflict between the municipal
charter of the municipality and this chapter, this chapter prevails.
(b) A payment by a municipally owned electric or gas utility under a hedging contract or
related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the
utility may credit any amounts it receives under the contract or agreement against fuel
expenses.
(c) The governing body of a municipally owned electric or gas utility or the body vested
with power to manage and operate the municipally owned electric or gas utility may set
policy regarding hedging transactions.
(d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, and
electric energy futures or options or similar contracts on those commodity futures as a
protection against loss due to price fluctuation.
Added by Acts 1999, 76th Leg., ch. 405, § 48, eft. Sept. 1, 1999.
§ 2256.021. Effect of Loss of Required Rating
An investment that requires a minimum rating under this subchapter does not qualify as
an authorized investment during the period the investment does not have the minimum
rating. An entity shall take all prudent measures that are consistent with its investment
policy to liquidate an investment that does not have the minimum rating.
Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.022. Expansion of Investment Authority
Expansion of investment authority granted by this chapter shall require a risk
assessment by the state auditor or performed at the direction of the state auditor.
Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.023. Internal Management Reports
(a) Not less than quarterly, the investment officer shall prepare and submit to the
governing body of the entity a written report of investment transactions for all funds
covered by this chapter for the preceding reporting period.
(b) The report must:
(1) describe in detail the investment position of the entity on the date of the report;
(2) be prepared jointly by all investment officers of the entity;
(3) be signed by each investment officer of the entity;
(4) contain a summary statement, prepared in compliance with generally accepted
accounting principles, of each pooled fund group that states the:
(A) beginning market value for the reporting period;
(B) additions and changes to the market value during the period;
(C) ending market value for the period; and
(D) fully accrued interest for the reporting period;
(5) state the book value and market value of each separately invested asset at the
beginning and end of the reporting period by the type of asset and fund type invested;
(6) state the maturity date of each separately invested asset that has a maturity date;
(7) state the account or fund or pooled group fund in the state agency or local
government for which each individual investment was acquired; and
(8) state the compliance of the investment portfolio of the state agency or local
government as it relates to:
(A) the investment strategy expressed in the agency's or local government's investment
policy; and
(B) relevant provisions of this chapter.
(c) The report shall be presented not less than quarterly to the governing body and the
chief executive officer of the entity within a reasonable time after the end of the period.
(d) If an entity invests in other than money market mutual funds, investment pools or
accounts offered by its depository bank in the form of certificates of deposit, or money
market accounts or similar accounts, the reports prepared by the investment officers
under this section shall be formally reviewed at least annually by an independent
auditor, and the result of the review shall be reported to the governing body by that
auditor.
Added by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995. Amended by Acts 1997,
75th Leg., ch. 1421, § 12, eft. Sept. 1, 1997.
§ 2256.024, Subchapter Cumulative
(a) The authority granted by this subchapter is in addition to that granted by other law.
Except as provided by Subsection (b), this subchapter does not:
(1) prohibit an investment specifically authorized by other law; or
(2) authorize an investment specifically prohibited by other law.
(b) Except with respect to those investing entities described in Subsection (c), a security
described in Section 2256.009(b) is not an authorized investment for a state agency, a
local government, or another investing entity, notwithstanding any other provision of this
chapter or other law to the contrary.
(c) Mortgage pass-through certificates and individual mortgage loans that may
constitute an investment described in Section 2256.009(b) are authorized investments
with respect to the housing bond programs operated by:
Added by Acts 1997, 75th Leg., ch. 1421, § 13, eft. Sept. 1, 1997.
SUBCHAPTER B. MISCELLANEOUS PROVISIONS
§ 2256.051. Electronic Funds Transfer
Any local government may use electronic means to transfer or invest all funds collected
or controlled by the local government.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.052. Private Auditor
Notwithstanding any other law, a state agency shall employ a private auditor if
authorized by the legislative audit committee either on the committee's initiative or on
request of the governing body of the agency.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995.
§ 2256.053. Payment for Securities Purchased by State
The comptroller or the disbursing officer of an agency that has the power to invest
assets directly may pay for authorized securities purchased from or through a member
in good standing of the National Association of Securities Dealers or from or through a
national or state bank on receiving an invoice from the seller of the securities showing
that the securities have been purchased by the board or agency and that the amount to
be paid for the securities is just, due, and unpaid. A purchase of securities may not be
made at a price that exceeds the existing market value of the securities.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1423, § 8.67, eft. Sept. 1, 1997.
§ 2256.054. Delivery of Securities Purchased by State
A security purchased under this chapter may be delivered to the comptroller, a bank, or
the board or agency investing its funds, The delivery shall be made under normal and
recognized practices in the securities and banking industries, including the book entry
procedure of the Federal Reserve Bank.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1423, § 8.68, eft. Sept. 1, 1997.
§ 2256.055. Deposit of Securities Purchased by State
At the direction of the comptroller or the agency, a security purchased under this
chapter may be deposited in trust with a bank or federal reserve bank or branch
designated by the comptroller, whether in or outside the state. The deposit shall be held
in the entity's name as evidenced by a trust receipt of the bank with which the securities
are deposited.
Amended by Acts 1995, 74th Leg., ch. 402, § 1, eft. Sept. 1, 1995; Acts 1997, 75th
Leg., ch. 1423, § 8.69, eft. Sept. 1, 1997.
SUBCHAPTER C. PAYMENT FOR AND DELIVERY AND DEPOSIT OF SECURITIES
PURCHASED BY STATE [DELETED]
Corpus Christi, Texas
Day of ,20
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
22
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: April 15, 2003)
Case No.: 0203-03~ Wesley United Methodist Chureh~ A change of zoinng from a "R-lB" One-
family Dwelling District to a "B-I" Neighborhood Business Distrct on Aldergate Met hodist Church Tract,
being 0.597 acre out of Lot 9, Section B, located 175 feet south of Gollihar Road and 450 feet west of Weber
Road.
Planning Commission and Staff's Recommendation (02/26/03): Denial of the "B-I" District,
and in lieu thereof, approval of a Special Permit for a church-related thrift shop subject to six (6) conditions.
Requested Council Action: Denial of the "B-I" District, and in lieu thereof, approval of a Special Pem~t
for a church-related thrift shop subject to six (6) conditions and adoption of the attached ordinance.
Purpose of Request: For a church-related thrift shop.
Summary: The applicant has requested a change of zoning from a "R4B" One-family Dwelling Distrct to a "B-I"
Neighborhood Business District, in order to develop a church related thrift shop within an existing accessory
building. The church accessory building is a one-story structure, consisting of approximately 1,500 square feet. It is
located along thc rear property line of the church property and 150 feet south of Gollthar Road, an arterial roadway.
Access to the subject property is provided from Gollihar Road through the church property. Weir Drive, located
west of the subject property, is not developed or open from Gollihar Road to the rear property line of the church
property. Traffic generated from the proposed use will not traverse the residential areas to the north or south. The
thrift shop will be operated by five (5) volunteers of the Wesley United Methodist Church, Tuesday through
Saturday, from 9am to 2:00pm. North and east of the subject property is existing church property zoned with a
"R-lB" District. Further to the north and across Gollihar Road is residential housing within a "R-lB" District. To
the south is a "R-lB" District developed with single-family residences. West of thc subject property is "R-lB"
District property developed as Price Park athletic field, a public use. Thus, the subject property is bounded on the
north, east and west by public/semi-public uses. Since the thrift shop is proposed as a component of the existing
church, a public/semi-public use, such shop could be permitted through a Special Pen,_it. The Southeast Area
Development Plan's future land use map recommends the subject property develop as a public/semi-pubfic use.
The Planning Commission recommended denial of the "B-I" District, and in lieu thereof, approval of a Special
Permit for a church-related thrift shop subject to the following six (6) conditions:
USES: The only use permitted by this Special Permit other than those uses permitted by right in the
"R-lB" One-family Dwelling District is a church-related thrift shop.
BUILDING: The existing one-story church accessory building shall be used for the church-related thrift
shop.
HOURS OF OPERATION: Hours of operation shall be Monday through Saturday from 9:00 a.m. to
2:00 p.ra_
4. EMPLOYEES: Employees shall be limited to a maximum of five (5) volunteers.
5. ACCESS: Vehicular access to the church-related thrift shop is limited to Gollihar Road.
Agenda Memorandum
April 15, 2003
Case No. 0203-03 (Wesley United Methodist Church)
Page 2
TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this
ordinance unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Applicant's Position: The applicant concurs with Planning ConUmssion and Staff's recommendation.
Notification: Prior to the date of this memorandum, fourteen (14) notices were mailed to the property owners
within a 200-foot radius, of which one (1) was returned in favor and none in opposition. The 20% rule is not in
effect at the City Council hearing.
ic e . Gunning, AICP
Assistant Director of Development Services
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Ordinances
H :~PLN-DIR\ERMA\WORD~AGENDM EM \0203 -03 AG ENDAMEMO DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0203-03
Febmary 26, 2003
I15D
Wesley United Methodist Church
0.597 acre (26,000 square ft.)
Same as above.
"R- 1B" One-family Dwelling District
"B-1" Neighborhood Business District
Church accessory building.
Church thrift shop.
Not applicable.
- (across Weir Drive - not open) City park and athletic field.
Area of Request:
Lot{s} Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zonine:
All directions - "R- 1 B" One-family Dwelling District
Adiacent Land Use:
North, East - Church.
South - Single-family residences.
West
Aldergate Methodist Church Tract, being 0.597 acre out of Lot 9, Section B, located 175 feet south
of Gollihar Road and 450 feet west of Weber Road.
Zoning Report
Case No. 0203-03 (Wesley United Methodist Church)
Page 2
Number of Residential Units Allowed:
"R-lB"- 4 units (7.26 dwelling units per acre)
"B-I" - 21units (36.30 dwelling units per acre)
Estimated Traffic Generation:
Single-family residence (detached) - 10 average weekday vehicle trip ends per dwelling unit x 4
dwelling units -- 40 average weekday vehicle trip ends.
Specialty retail - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area
x 1,500 square feet of gross floor area -- 17.25 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Gollihar Road - arterial
Right-of-Way Design
Current:
a) 80- foot right-of-way with a 60-foot back-to-back paved section.
Plarmed:
a) Same as current.
2002 Traffic Count (24-hour~ weekda¥~ non-directional):
a) 32,445 vehicles per day.
Zoning History of Property:
There has been no rezoning activity within the past five- (5) years.
Recent Surrounding Zoning Cases:
There has been no rezoning activity within the past five- (5) years.
Zoning Report
Case No. 0203-03 (Wesley United Methodist Church)
Page 3
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "R-1B" One-family Dwelling District to a "B-I" Neighborhood Business District, in
order to develop a church related thrift shop within an existing accessory building. The
church accessory building is a one-story structure, consisting of approximately 1,500 square
feet. It is located along the rear property line of the church property and 150 feet south of
Gollihar Road, an arterial roadway. Access to the subject property is provided from Gollihar
Road through the church property. Weir Drive, located west of the subject property, is not
developed or open from Gollihar Road to the rear property line of the church property.
Traffic generated from the proposed use will not traverse the residential areas to the north
or south. The thrift shop will be operated by five (5) volunteers of the Wesley United
Methodist Church, Tuesday through Saturday, from 9am to 2:00pm. North and east of the
subject property is existing church property zoned with a R-lB" District. Further to the north
and across Gollihar Road is residential housing within a "R-lB" District. To the south is a
"R-lB" District developed with single-family residences. West of the subject property is
"R-lB" District property developed as Price Park athletic field, a public use. Thus, the
subject property is bounded on the north, east and west by public/semi-public uses. Since the
thrift shop is proposed as a component of the existing church, a public/semi-public use, such
shop could be permitted through a Special Permit. The Southeast Area Development Plan's
future land use map recommends the subject property develop as a public/semi-public use.
Potential Housing Density: The "R-lB" District permits a density of 7.26 dwelling units per
acre or 4 units on the subject property. An "B-I" District permits 36.30 dwelling units per
acre or 21units on the subject property.
Height/Bulk/Setbacks/Etc.: The "R- 1B" District requires a front yard setback of 25 feet with
a side and rear yard setback of five (5) feet each. A "B-I" District requires a front yard
setback of twenty (20) feet with a zero (0) side and rear yard setback unless adjacent to
residentially zoned property, whereby a ten (10) feet setback is required. The subject
property has residential adjacency to the south. Building heights are limited to 35 feet not
to exceed three (3) stories in the "R-lB" District and 35 feet not to exceed three (3) stories
in the "B-I" District.
Signage: Signs in the "R-lB" District are limited to one wall sign with an area not to exceed
one square foot. The "B-I" District permits unlimited wall signs and one freestanding sign
with an area not to exceed forty (40) square feet and a height of twenty (20) feet.
Traffic: The proposed thrift shop could generate approximately seventeen (17) daily trip ends
that can be handled by the adjacent arterial street, Gollihar Road.
Zoning Report
Case No. 0203-03 (Wesley United Methodist Church)
Page 4
Pros: (Ideas in support of the request.)
a) The subject property is located off Gollihar Road, an arterial, and is within 300 feet of a
"B-I" Neighborhood Business District to the east.
Cons: (Ideas in support of maintaining the current zoning.)
a) The Southeast Area Development Plan's future land use map recommends the area develop
as a public/semi-public use.
Staff Recommendation:
Denial of the "B-I" Neighborhood Business District, and in lieu thereof, approval of a Special
Permit for a church-related thrift shop with the following six (6) conditions:
1. USES: The only use permitted by this Special Permit other than those uses permitted by
fight in the "R-lB" One-family Dwelling District is a church-related thrift shop.
2. BUILDING: The existing one-story church accessory building shall be used for the church-
related thrift shop.
3. HOURS OF OPERATION: Hours of operation shall be Monday through Saturday from
9:00am to 2:00 pm.
4. EMPLOYEES: Employees shall be limited to a maximum of five (5) volunteers.
5. ACCESS: Vehicular access to the church related thrift shop is limited to Gollihar Road.
6. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year
of the date of this ordinance unless the property is being used as outlined in Condition #1 and
in compliance with all other conditions.
Attachments: Zoning Map
H :\PLN-D1R\ERMA\WORD\ZONRPTSX2003\0203 -03 .DOC
8
9
R-lB
SUBJECT PAF
EVELYN PRIC~ PARK
IS'
T
1--B
EVELYN PRICE PAR
R-lB
R-IB/SP
Feb 12, 2003- RP
0 ~oo
~---- CASE Z0203-03
Subject property
Owners within 200 feet listed on ottoched ownership list
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0203-03
Wesley United Methodist Church
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
7)
Riley R. Gray, 313 Oak Ridge Road, Georgetown, Texas 78628
No written comment.
Opposition: None.
II.
III.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~PLN-DIR\ERMA\WOKD\COMM DATA\0203-03COMM ENTS.DOC
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
WESLEY UNITED METHODIST CHURCH BY CHANGING THE ZONING
MAP IN REFERENCE TO 0.597 ACRE OUT OF LOT 9, SECTION B,
ALDERGATE METHODIST CHURCH TRACT, FROM "R-lB" ONE-
FAMILY DWELLING DISTRICT TO"B-I"NEIGHBORHOOD BUSINESS
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Wesley United Methodist Chumh for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 26, 2003, during a meeting of the Planning Commission, and on Tuesday,
Apd115, 2003, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 0.597 acre out of Lot 9, Section B, Aldergate
Methodist Church Tract, located 175 feet south of Gollihar Road and 450 feet west of
Weber Road from "R-1 B" One-family Dwelling District to "B-I" Neighborhood Business
District, as described by metes and bounds on the attached Exhibit A.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:\LEG-DIR\JOSEPH~ONING\0203-03REGULAR,DOC
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15th day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ONING\0203-03REGULAR DOC
Page 3 of 3
Corpus Christi, Texas
__ day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR\JOSEPH~ONING\0203-03REGULAR,DOC
Case: 0~03-03
3915 Gollihar Road
Corpus Christi
Texas 7841~
TelephOne (361) 8fl4-~67
Fax (361) 8f14-1Sgd
Pastor: Melissa Nehon
Description ora 26,000 SF (0.596 acre) parcel of land from the southwest comer of the
plat of the Aldersgate Methodist Church as further described by metes and bounds as
follows:
Beginning at the southwest comer of the Aidersgate Methodist Church Plat;
Thence N 28" 20' E 200' to a point for a northwest comer of the tract;
Thence S 61* 40' E 130' to a point for a northeast comer of this tract;
Thence S 28" 20' W 200' to a point for a southeast corner of this tract;
Thence N 61° 40' W 130' to the point of beginning, a sketch of said 26,000 SF (0.596
acre) parcel of land being attached as Exhibit "~;'.
AN ORDINANCE
Page 1 of 4
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
WESLEY UNITED METHODIST CHURCH, BY CHANGING THE
ZONING MAP IN REFERENCE TO 0.507 ACRE OUT OF LOT 9,
SECTION B, LOCATED 175 FEET SOUTH OF GOLLIHAR ROAD AND
450 FEET WEST OF WEBER ROAD, (CURRENTLY ZONED "R-lB"
ONE-FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL
PERMIT FOR A CHURCH THRIFT SHOP SUBJECT TO SIX (6)
CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Wesley United Methodist Church for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 26, 2003, during a meeting of the Planning Commission, and on Tuesday,
April 15, 2003, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for a chumh thrift shop on 0.597 acre out of Lot
9, Section B, Aldergate Methodist Church Tract, (currently zoned "R-1B" One-family
Dwelling District), located 175 feet south of Gollihar Road and 450 feet west of Weber
Road, as described by metes and bounds on the attached Exhibit A.
SECTION 2. That the Special Permit granted in Section I of this Ordinance is subject
to the following six (6) conditions:
USES: The only use permitted by this Special Permit other than those uses
permitted by right in the "R-lB" One-family Dwelling District is a church related thrift
shop.
2. BUILDING: The existing one-story church accessory building shall be used for the
church related thrift shop.
H:\LEG-DIR\JOSEPH~ZONING\0203-03ZONINGSP DOC
Page 2 of 4
3. HOURS OF OPERATION: Hours of operation shall be Monday through Saturday
from 9:00am to 2:00pm.
4, EMPLOYEES: Employees shall be limited to a maximum of five (5) volunteers.
5. ACCESS: Vehicular access to the church related thrift shop is limited to Gollihar
Road.
6. TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1)
year of the date of this ordinance unless the property is being used as outlined in
Condition #1 and in compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15th day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG-DIR\JOSEPH~.ONING\0203~03ZONINGSP DOC
Page 3 of 4
APPROVED ,2003
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ZONING\0203-03ZONINGSP DOC
Page 4 of 4
Corpus Christi, Texas
day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel b Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIRgJOSEPH~_ONING\0203-03ZONINGSP DOC
Case: 0203-03
3915 Gollihar Road
Corpus Christi
Texas 78415
TelephOne (361) 8S4-4367
Fax (361) 8S4-1S94
Pastor: Melissa Nelson
Description of a 26,000 SF (0.596 acre) parcel of land from the southwest comer of the
plat of the Aldersgate Methodist Church as further described by metes and bounds as
follows:
Beginning at the southwest comer of the Aldersgate Methodist Church Plat;
Thence N 28" 20' E 200' to a point for a northwest comer of the tract;
Thence S 61° 40' E 130' to a point for a northeast comer of this tract;
Thence S 28° 20' W 200' to a point for a southeast comer of this tract;
Thence N 61° 40' W 130' to the point of beginning, a sketch of said 26,000 SF (0.596
acre) parcel of land being attached as Exhibit "~".
23
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: April 15, 2003)
Case No.: 0203-01~ Seung Lee: A change of zoning from a "R-lB" One-family dwelling District to a
"AB" Professional Office District on Gardendale Unit 2, Block 4, Lots 22 and 23, located on the north side of
Curtis Clark Drive and approximately 225 feet west of South Staples Street.
Planning Commission and Staff's Recommendation (02/26/03): Deinal of the "AB" District,
and in lieu thereof, approval ora Special Permit for two (2) office buildings and parking lot subject to eight (8)
conditions.
Requested Council Action: Denial of the "AB" District, and in lieu thereof, approval of a Special Permit
for two (2) office buildings and parking lot subject to eight (8) conditions and adoption of the attached ordinance.
Purpose of Request: To construct two (2) nomnedical office buildings on two (2) vacant lots for prospective
clients.
Summary: The applicant has requested a change of zoning to an "AB" Professional Office District, in order to
construct two (2) nonmedical office buildings for prospective tenants. Such buildings are proposed at 7,500 square
feet each. The subject property consists of two (2) vacant lots measuring 66' x 300' feet each, totaling 39,600 square
feet. Each lot has frontage and access along Curtis Clark Drive, a local roadway that connects directly to South
Staples Street, an arterial street. Approximately 172 vehicles per day would be generated by the proposed office
uses that would traverse the Gardendale residential subdivision. North of the subject property is a "B-lA" District
with a Special Permit and a "B-lA" District. The "B-IA"/SP District property was granted a Special Permit in 2000
for an enclosed storage use, associated with a tire business fronting South Staples Street. Access to the "B-1A"/SP
storage use is provided along South Staples Street, an arterial and Williams Drive, a collector. The "B-lA" District
along Williams Drive, north of the subject property, is developed with single-family residences and contains
numerous vacant lots. South of the subject property, across Curtis Clark Drive, are single-family residences and two
(2) vacant lots zoned with a "R-lB" District. To the east is a business use zoned with a "B-I" Dislxict. Single-
family residences are developed west of the subject property.
The Gardendale Plan adopted in February 2000 states: "Preserve and protect the residential nature of the
Gardendalc neighborhood from Curtis Clark (fronting lots) south to Cain Drive (fronting lots) and from Everhart
east to Staples.
· Prevent the development of non-residential uses into the interior of the neighborhood; and
Limit intrusion of new commercial or expansion of existing commercial development along the western
and eastern edges of the neighborhood parallel to Everhart and South Staples Street; and
· Commercial retail driveway access shall be restricted to Staples Street or Everhart Road."
The Southside Area Development Plan's future land use map recommends the subject property to retain its
low-density, single-family character.
Agenda Memorandum
April 15, 2003
Case No. 0203-01 (Seung Lee)
Page 2
The Planning Commission recommended denial of the "AB" District, and in lieu thereof, approved a Special Permit
for two (2) office buildings and parking lot subject to the following eight (8) conditions:
USES: The only uses permitted by this Special Permit other than those uses permitted by right in the
-lB One-farmly Dwelhng D~stnct are two (2) office bulldmgs and an anctllary parking lot.
LOCATION: Allowed to construct a maximum of two (2) office buildings up to 7,500 square feet each on
Lot 23, Block 4, Gardendale Unit 2. The front or main entry of the building(s) shall face east.
ACCESS: Vehicular access to Lot 23, Block 4, Gardendale Unit 2 is prohibited. Vehicular access is
permitted on Lot 22, Block 4, Gardendale Unit 2.
PARKING: The parking lot for the office building(s) shall be located on Lot 22, Block 4, Gardendale Unit
2.
FENCING: A six (6) foot screening fence shall be located along the west property line of Lot 23, Block 4,
Gardendale Unit 2.
LANDSCAPING: Oleanders every five (5) foot on center shall be required along the exterior side of the
fence on the west property line of Lot 23. Landscaping of Lots 22 and 23 shall be provided in accordance
with the requirements contained in Article 27B, Landscape Requirements, as in the "AB" Professional
Office District. All plant material must be maintained in a healthy growing condition at all times. All
landscaping must be installed as part of any building and parking lot construction.
LIGHTING: All security lighting must be directional and shielded. Lighting must be directed away from
the surrounding residences and public righis-of-way.
TIME LIMIT: Such Special Permit shall be deemed to have expired within one (1) year of the date of this
ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other
conditions.
Applicant's Position: The applicant concurs with Planning Commission and Staff's recommendation.
Notification: Prior to the date of this memorandum, eighteen (18) notices were mailed to the property owners
within a 200-foot radius, of which one (1) was returned in favor and one (1) was returned in opposition. The 20%
rule is not in effect at the City Council hearing.
/~ A~sistant ~irecto~ of Development Services
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Ordinances
H:~PLN-DIR\ERMA\WORD~AGENDMEM~0203-01AGENDAM EMO DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0203-01
Fcbruary l2,2003
H16A&H16C
Seung Lee
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request
Zoning Change Requested Due
to Notice of Violation:
Ad|acent Zoning:
0.90 acre (39,600 square feet)
Same as above.
"R- 1B" One-family Dwelling District
"AB" Professional Office District
Vacant lots.
To construct two (2) nonmedical office
buildings on two (2) vacant lots for
prospective clients.
None.
North - "B- 1A" Neighborhood Business District and "B- 1A" Neighborhood Business District with
a "SP" Special Permit
South, West - (across Curtis Clark Drive) "R-lB" One-family Dwelling District
East -"B-l"Neighborhood Business District
Gardendale Unit 2, Block 4, Lots 22 and 23, located on the north side of Curtis Clark Drive and
approximately 225 feet west of South Staples Street.
Zoning Report
Case No. 0203-01 (Seung Lee)
Page 2
Adiacent Land Use:
North - Tire business with frontage along South Staples Street.
South - (across Curtis Clark Drive) - Single-family residences and vacant lots.
East - (across South Staples Street) - Restaurant and vacant lot.
West - Single-family residences.
Number of Residential Units Allowed:
"R-lB"- 6 units (7.26 dwelling units per acre)
"AB" - 32 units (36.30 dwelling units per acre)
Estimated Traffic Generation:
General Office - 11.50 average weekday vehicle trip ends per 1,000 square feet of gross floor area
x 15,000 square feet of gross floor area = 172 average weekday vehicle trip ends.
Adiacent Streets/Classification:
a) Curtis Clark Drive - local
b) South Staples Street - arterial
Right-of-Way Design
Current:
a) 60-foot right-of-way with a 40-foot back-to-back paved section.
b) 120-foot right-of-way with a 76-foot back-to-back paved section.
Planned:
a, b) Same as current.
2001 Traffic Count (24-hour, weekda¥~ non-directional):
a) 1,612 vehicles per day
b) 38,481 vehicles per day
Zoning History of Property:
There has been no rezoning activity within the past five (5) years.
Zoning Report
Case No. 0203-01 (Seung Lee)
Page 3
Recent Surrounding Zoning Cases:
In September 2002, a 0.07 acre out of Gardendale No. 1, Block 6, Lot 7-A was denied a change of
zoning to "B-I" Neighborhood Business District, and in lieu thereof, was granted a "R-lB" One-
family Dwelling District with a Special Permit for a parking lot as part of the Enclave office
complex.
In May 2002, Gardendale Unit 2, Block 4, Lot 19B, located on the west side of South Staples Street,
was rezoned from a "B-I" District to a "B-4" District for a retail paint store.
In July 2000, as part of a comprehensive rezoning, properties along Williams Drive were rezoned
from "R-lB", "R-2", and "AB" Districts to a "B-lA" District.
In December 1998, Lots 14 and 15, located on the south side of Williams Drive, west of South
Staples Street, were granted a change of zoning fi-om a "R-lB" District to a "R-2" District. The rear
200 feet of Lot 15 received a Special Permit for an office and storage associated with the tire store
adjacent to the east. In July 2000, as part of the comprehensive rezoning of Williams Drive, these
lots were rezoned to a "B-lA" District and the Special Permit modified for storage uses associated
with the tire store to the east.
In March 1996 Lots 16A, 16B, and 17, located on the southwest comer of Curtis Clark Drive and
South Staples Street, were granted a change of zoning fi-om a "B-1" District to a "B-4" District.
In August 1995, Lots 18 through 20, located on the northwest comer of Williams Drive and South
Staples Street were granted a change of zoning fi-om a "B-I" District to a "B-4" District. Lot 17 was
granted a change of zoning fi-om a "R-1B" District to a B-1" District.
In September 1994, Lot lB, Block 1, Glen Arbor Unit 3, located on the east side of South Staples
Street, south of Curtis Clark Drive, was granted a change of zoning from a "R-lB" District to a
"B- 1" District.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning to
an "AB" Professional Office District, in order to construct two (2) nonmedical office
buildings for prospective tenants. Such buildings are proposed at 7,500 square feet each. The
subject property consists of two (2) vacant lots measuring 66' x 300' feet each, totaling
39,600 square feet. Each lot has frontage and access along Curtis Clark Drive, a local
roadway that connects directly to South Staples Street, an arterial street. Approximately 172
vehicles per day would be generated by the proposed office uses that would traverse the
Gardendale residential subdivision. North of the subject property is a "B-lA" District with
a Special Permit and a "B-lA" District. The "B-1A"/SP District property was granted a
Special Permit in 2000 for an enclosed storage use, associated with a tire business fronting
Zoning Report
Case No. 0203-01 (Seung Lee)
Page 4
South Staples Street. Access to the "B-1A"/SP storage use is provided along South Staples
Street, an arterial and Williams Drive, a collector. The "B-IA" District along Williams
Drive, north of the subject property, is developed with single-family residences and contains
numerous vacant lots. South of the subject property, across Curtis Clark Drive, are single-
family residences and two (2) vacant lots zoned with a "R-lB" District. To the east is a
business use zoned with a "B-1" District. Single-family residences are developed west of the
subject property.
The Gardendale Plan adopted in February 2000 states: "Preserve and protect the residential
nature of the Gardendale neighborhood from Curtis Clark (fronting lots) south to Cain Drive
(fronting lots) and from Everhart east to Staples.
Prevent the development of non-residential uses into the interior of the neighborhood;
and
Limit intrusion of new commercial or expansion of existing commemial development
along the western and eastern edges of the neighborhood parallel to Everhart and
South Staples Street; and
... Commemial retail driveway access shall be restricted to Staples Street or Everhart
Road."
The Southside Area Development Plan's future land use map recommends the subject
property to retain its low-density, single-family character.
Potential Housing Densi _ty: Residential development in the "R-lB" District is limited to 7.26
dwelling units per acre or six (6) units on the subject property. An "AB" District permits a
density of 36.30 dwelling units or thirty-two (32) units on the subject property.
Height/Bulk/Setbacks/Etc.: The "R-lB" District requires a front yard setback of 25 feet and
side and rear yard setbacks of five (5) feet each. An "AB" District requires a front yard
setback of twenty (20) feet and a ten (10)-foot side and/or rear yard setback. The "R-lB"
District limits building heights to 35 feet, not to exceed three (3) stories. Building height in
the "AB"District is limited to 45 feet, not to exceed three (3) stories.
Signage: The "R-lB" District permits one wall sign not to exceed one square foot. An "AB"
District permits wall signage at four (4) square feet per tenant not to exceed twenty (20)
square feet and a freestanding sign with a sign area of 20 square feet with a height of six (6)
feet.
Traffic: The proposed office complex is estimated to generate approximately 172 daily trip
ends on Curtis Clark Drive. Traffic generated from this development would traverse the
residential area and could adversely impact the neighborhood.
Zoning Report
Case No. 0203-01 (Seung Lee)
Page 5
Parking/Screening: A nonmedical office use is required to provide one parking space for
each 250 square feet of gross floor area or sixty (60) parking spaces for the proposed
buildings. Proof of compliance with the parking regulations will be required before a
certificate of occupancy will be issued. A standard screening fence with a height of six (6)
feet must be provided when a business or industrial use locates adjacent to a residential
district. A screening fence would be required along the west property line of the subject
property with a change of zoning to an "AB" District.
Pros: (Ideas in support of the request.)
a)
A special permit could be considered along vacant lots that border existing business districts
fronting South Staples Street.
Cons: (Ideas in support of maintaining the current zoning.)
a)
The requested "AB" District is not consistent with the Southside Area Development Plan's
recommended land use.
b) The subject property is bordered by single-family residences to the south and west.
c) Traffic from the proposed use would traverse the residential neighborhood.
Staff Recommendation:
Staffrecommends denial of the requested "AB" Professional Office District. However, the applicant
has indicated to Staff that a Special Permit for the two (2) office buildings and parking lot is
acceptable. Staff has drafted a Special Permit with conditions for Planning Commission and City
Council to consider as an option. The Special Permit for the two (2) office buildings and a parking
lot are subject to the following eight (8) conditions:
Uses: The only uses permitted by this Special Permit other than those uses permitted by right
in the "R-lB" One-family Dwelling District are two (2) office buildings and an ancillary
parking lot.
Location: Allowed to construct a maximum of two (2) office buildings up to 7,500 square
feet each on Lot 23, Block 4, Gardendale Unit 2. The front or main entry of the building(s)
shall face east.
Access Vehicular access to Lot 23, Block 4, Gardendale Unit 2 is prohibited. Vehicular
access is permitted on Lot 22, Block 4, Gardendale Unit 2.
Parking: The parking lot for the office building(s) shall be located on Lot 22, Block 4,
Gardendale Unit 2.
Zoning Report
Case No. 0203-01 (Seung Lee)
Page 6
Fencing: A six (6) foot screening fence shall be located along the west property line of Lot
23, Block 4, Gardendale Unit 2.
Landscal}ine: Oleanders every five- (5) foot on center shall be required along the exterior
side of the fence on the west property line of Lot 23. Landscaping of Lots 22 and 23 shall
be provided in accordance with the requirements contained in Article 27B, Landscape
Requirements, as in the "AB" Professional Office District. All plant material must be
maintained in a healthy growing condition at all times. All landscaping must be installed as
part of any building and parking lot construction.
Li~htine: All security lighting must be directional and shielded. Lighting must be directed
away from the surrounding residences and public rights-of-way.
Time Limit: Such Special Permit shall be deemed to have expired within one (1) year of the
date of this ordinance, unless the property is being used as outlined in Condition #1 and in
compliance with all other conditions.
Attachments:
Zoning Map
H :\PLN-DIR\ERMA\WOR D~ZONRPTS~2003 \0203 -01 CCREPORT.DOC
MOORE PLAZA
B-4 ?'
B-I/SP
Jon 29, 2003 -- RP
CASE Z0203-01
Subject property
Owners within 200 feet lieted
on ottached ownership list
COMMENTS RECEWED
FROM NOTICES MAILED
Case No. 0203-01
Seung Lee
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor:
11)
Collectibles Etc., Inc., 5509 Curtis Clark
"First block off Staples should be rezoned to "B-lA" or "AB". Seems like right
thing to do with this property behind a topless joint."
Opposition:
10) Mr. and Mrs. Natividad Perez, 5501 Curtis Clark
"We have too much traffic already. We want to keep our neighborhood for
families, not business."
II.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
III.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:\PLN-DIR\ERMA\WORD\COMM DATA\0203-01 COMMENTS,DOC
AN ORDINANCE
Page 1 of 3
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
SEUNG LEE BY CHANGING THE ZONING MAP IN REFERENCE TO
LOTS 22 AND 23, BLOCK 4, GARDENDALE UNIT 2, FROM "R-lB"
ONE-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL
OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Seung Lee for amendment to the City of
Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 12, 2003 and February 26, 2003, during a meeting of the Planning
Commission, and on Tuesday, April 15, 2003, during a meeting of the City Council, in
the Council Chambers, at City Hall, in the City of Corpus Christi, during which all
interested persons were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Lots 22 and 23, Block 4, Gardendale Unit 2
located on the north side of Curtis Clark Drive and approximately 225 feet west of South
Staples Street. from "R-1B" One-family Dwelling District to "AB" Professional Office
District.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:\LEG-DIR\JOSEPH~ZONING\0203-01REGULARDOC
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) f'mds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15th day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED r, 2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ZONING\0203-01REGULAR.DOC
Page 3 of 3
Corpus Christi, Texas
__ day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR\JOSEPH~ZONING\0203-01REGULAR.DOC
AN ORDINANCE
Page I of 4
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
SEUNG LEE, BY CHANGING THE ZONING MAP IN REFERENCE TO
LOTS 22 AND 23, BLOCK 4, GARDENDALE UNIT 2, (CURRENTLY
ZONED "R-'lB" ONE-FAMILY DWELLING DISTRICT) BY GRANTING A
SPECIAL PERMIT FOR TWO (2) OFFICE BUILDINGS AND A PARKING
LOT SUBdECT TO EIGHT (8) CONOITIONS; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Seung Lee for amendment to the City of
Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 12, 2003 and February 26, 2003, during a meeting of the Planning
Commission, and on Tuesday, April 15, 2003, during a meeting of the City Council, in
the Council Chambers, at City Hall, in the City of Corpus Christi, during which all
interested persons were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for two (2) office buildings on Lot 23 and a
parking lot on Lot 22, Block 4, Gardendale Unit 2, (currently zoned "R-lB" One-family
Dwelling District), located on the north side of Curtis Clark Drive and approximately 225
feet west of South Staples Street.
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to the following eight (8) conditions:
Uses: The only uses permitted by this Special Permit other than those uses
permitted by right in the "R*IB" One-family Dwelling District are two (2) office
buildings and an ancillary parking lot.
Location: Allowed to construct a maximum of two (2) office buildings up to 7,500
square feet each on Lot 23, Block 4, Gardendale Unit 2. The front or main entry
of the building(s) shall face east.
H:\LEG-DIR~JOSEPH~ZONiNG\0203-01 SP.DOC
Page 2 of 4
3. Access Vehicular access to Lot 23, Block 4, Gardendale Unit 2 is prohibited.
Vehicular access is permitted on Lot 22, Block 4, Gardendale Unit 2
4. Parking: The parking lot for the office building(s) shall be located on Lot 22, Block
4,Gardendale Unit 2
5. Fencing: A six (6) foot screening fence shall be located along the west property line
of Lot 23, Block 4, Gardendale Unit 2.
6. Landscaoin¢l: Oleanders every five- (5) foot on center shall be required along the
exterior side of the fence on the west property line of Lot 23. Landscaping of Lots 22
and 23 shall be provided in accordance with the requirements contained in Article
27B, Landscape Requirements, as in the "AB" Professional Office District. All plant
material must be maintained in a healthy growing condition at all times. All
landscaping must be installed as part of any building and parking lot construction.
7. Lighting: All security lighting must be directional and shielded. Lighting must be
directed away form the surrounding residences and public rights-of-way.
Time Limit: Such Special Permit shall be deemed to have expired within one (1)
year of the date of this ordinance, unless the property is being used as outlined in
Condition #1 and in compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
H:\LEG-DIR~JOSEPH~ONING\0203-01 SPDOC
Page 3 of 4
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15th day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR~JOSEPH~ZONING\0203-01SP.DOC
Page 4 of 4
Corpus Chdsti, Texas
__ day of ., 2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR~JOSE PH~ZONING\0203-01 SP.DOC
24
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: April 15, 2003)
Case No.: 0203-02~ Mark Bratton: A change &zoning from a "B-I" Neighborhood Business DisOict
and "F-R" Farm-Rural District to a "I~E" Residential Estate Dish'ict on Laureles Farm Tracts, being 26.81 acres
out of Section 31, located north of South Staples S0:eet and east of South Oso Parkway.
Planning Commission and Staff's Recommendation (02/26/03): Approval.
Requested Council Action: Approval of the "RE" District and adoption of the attached ordinance.
Purpose of Request: To develop a residential subdivision on twenty (20) lots in conjunction with a proposed
twelve (12) lot area to the north, totaling a thirty-two (32) lot subdivision area.
Summary: The applicant has requested a change of zoning from a "F-R" Farm-Rural District and a "B-I"
Neighborhood Business District to a "RE" Residential Estate Dislrict, in order to develop a 20-lot residential
subdivision. The subject property is proposed for development in conjunction with a proposed 12-hit area located
north of the road dedication and zoned a "RE" District for a total of 32 lots. The "RE" District provides for single-
family developmem on lots with a minimum area of one (1) acre. The subject property consists of 26.67 acres of
"F-R" District property and 0.14 acre of"B-l" District property. North and west of the subject property along South
Oso Parkway, is the existing Country Creek and Botanical Gardens residential subdivisions zoned with a "RE"
District. South of the subject properV/and across South Staples Street is the King Estate residemial subdivision
zoned a "RE" District. South Staples Street borders the subject property to the south and is designated as a rural
arterial roadway. West of the subject property is South Oso Parkway, a rural parkway section. The Transportation
Plan and the Oso Parkway Plan call for the extension of South Oso Parkway along the north area of the subject
property that connects to the existing South Oso Parkway section to the west. In 1992, an agreement was
established that provided for the dedication of an 80- foot easement as a future roadway, i.e., now known as South
Oso Parkway. Such easement is part of the subject property area and is identified on the zoning map as a road
dedication. Within the Platting Ordinance, residential subdivisions with lots of one acre or more, as required by the
"RE" District, are waived from improvements such as, curb, gutter, sidewalk and bike path requirements. However,
any area of the subject property that is adjacent to the 80-foot road dedication will be required to provide a
parkway per thc Transportation Plan and Oso Parkway Plan. The Transportation Plan requires an 80-foot roadway
section that will include curb, gutter, sidewalk and bike path improvements. Improvements along the future 80-foot
roadway dedication are required for the development of South Oso Parkway that will extend along the Oso Creek
area. The subject property is located within the London Area Development Plan. The future land use map
recommends the subject property to develop as multi-family and neighborhood business. However, a change of
zoning to a lower density is acceptable and consistent with the adopted plan.
Applicant's Position: The applicant concurs with Planning Counmssion and Staff's recommendation.
Notification: Prior to the date of this memorandum, twenty (20) notices were mailed to the properW owners within
a 200-foot radius, of which none were returned in favor or in opposition. The 20% rule is not in effect at the City
Council hearing.
Agenda Memorandum
April 15, 2003
Case No, 0203-02 (Mark Bratton)
Page 2
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Ordinance
l t 5PLN-DIR\ERMA\WORD~AGEN DM EM\0203 -02AGENDAM EMO DOC
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
CITY COUNCIL
ZONING REPORT
0203-02
February 12, 2003
F15A
Mark Bratton
Laureles Farm tracts, being 26.81 acres out of Section 31, located north of South Staples Street and
east of South Oso Parkway.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adjacent Zonine:
"F-R" Farm-Rural District - 26.67 acres
"B-1" Neighborhood Business District -
0.14 acre (6,477 square feet)
Total = 26.81 acres
Same as above.
"F-R" Farm-Rural District and "B-i"
Neighborhood Business District
"RE" Residential Estate District
Undeveloped land.
To develop a residential subdivision on twenty
(20) lots in conjunction with a proposed
twelve (12) lot area to the north, totaling a
thirty-two (32) lot subdivision area.
Not applicable.
North, South (across South Staples Street), West - "RE" Residential Estates District and "F-R"
Farm-Rural District
East - "F-R" Farm-Rural District
Zoning Report
Case No. 0203-02 (Mark Bratton)
Page 2
Adjacent Land Use:
North - Undeveloped land, large-lot residential subdivision, and park.
South - (across South Staples Street) Large-lot residential subdivision.
East - Park and botanical garden.
West - Undeveloped land.
Number of Residential Units Allowed:
"F-R" - 5 units (1 dwelling unit per 5 acres)
"B-I" - 5 units (36.30 dwelling units per acre)
"RE" - 26 units (1 dwelling unit per acre)
Estimated Traffic Generation:
Single-family residence (detached) - 10 average weekday vehicle trip ends per dwelling unit x 26
dwelling units = 260 average weekday vehicle trip ends.
Single-family residence (detached) - 10 average weekday vehicle trip ends per dwelling unit x 20
dwelling units = 200 average weekday vehicle trip ends.
Ad[acent Streets/Classification:
a)
b)
c)
South Staples Street
South Oso Parkway
Road dedication
- rural arterial
- rural parkway
- easement
Right-of-Way Design
Current:
a)
b)
c)
100-foot right-of-way with a 28-foot rural paved section.
80-foot right-of-way with a 24-foot rural paved section.
80-foot easement.
Planned:
a)
b)
c)
100-foot right-of-way with a 76-foot back-to-back paved section.
80-foot right-of-way with a 40-foot back-to-back paved section.
80-foot right-of-way with a 40-foot back-to-back paved section per a P-1 type street section
including curb-gutter-concrete sidewalk-concrete 8' bike path as outlined by the
Transportation Plan and Oso Parkway Plan.
Zoning Report
Case No. 0203-02 (Mark Bral~on)
Page 3
2003 Traffic Count (24-hour, weekday, non-directional):
a)
b)
3,758 vehicles per day.
1,080 vehicles per day.
Zoning History of Proper[y:
None.
Recent Surrounding Zoning Cases: None.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "F-R" Farm-Rural District and a "B-I" Neighborhood Business District to a "RE"
Residential Estate District, in order to develop a 20-lot residential subdivision. The subject
property is proposed for development in conjunction with a proposed 12-lot area located
north of the road dedication and zoned a "RE" District for a total of 32 lots. The "RE"
District provides for single-family development on lots with a minimum area of one (1) acre.
The subject property consists of 26.67 acres of "F-R" District property and 0.14 acre of
"B-I" District property. North and west of the subject property along South Oso Parkway,
is the existing Country Creek and Botanical Gardens residential subdivisions zoned with a
"RE" District. South of the subject property and across South Staples Street is the King
Estate residential subdivision zoned a "RE" District. South Staples Street borders the subject
property to the south and is designated as a rural arterial roadway. West of the subject
property is South Oso Parkway, a rural parkway section. The Transportation Plan and the
Oso Parkway Plan call for the extension of South Oso Parkway along the north area of the
subject property that connects to the existing South Oso Parkway section to the west. In
1992, an agreement was established that provided for the dedication of an 80- foot easement
as a future roadway, i.e., now known as South Oso Parkway. Such easement is part of the
subject property area and is identified on the zoning map as a road dedication. Within the
Platting Ordinance, residential subdivisions with lots of one acre or more, as required by the
"RE" District, are waived from improvements such as, curb, gutter, sidewalk and bike path
requirements. However, any area of the subject property that is adjacent to the 80-foot road
dedication will be required to provide a parkway per the Transportation Plan and Oso
Parkway Plan. The Transportation Plan requires an 80-foot roadway section that will
include curb, gutter, sidewalk and bike path improvements. Improvements along the future
80-foot roadway dedication are required for the development of South Oso Parkway that will
extend along the Oso Creek area. The subject property is located within the London Area
Development Plan. The future land use map recommends the subject property to develop
as multi-family and neighborhood business. However, a change of zorfing to a lower density
is acceptable and consistent with the adopted plan.
Zoning Report
Case No. 0203-02 (Mark Bratton)
Page 4
Potential Housing Density: The current "F-R" District permits one dwelling unit for each
five (5) acres or five (5) units on the subject property. A "B-I' District permits 36.30
dwelling units per acre or 5 units on the subject property. The proposed "R-E" District allows
one dwelling unit per acre or 26 units on the subject property.
Height/Bulk/Setbacks/Etc.: There are no required building setbacks or building height
limitations in the "F-R" District. The "B-I" District requires a front yard setback of twenty
(20) feet with no required side or rear yard setbacks unless abutting a residential district
where a setback of ten (10) feet would be required. Buildings in the "B-I" District are
limited to a height of 35 feet not to exceed three (3) stories. The requested "RE" District
requires a fifty (50) foot from yard setback and a side and rear yard of twenty-five (25) feet.
Building heights are limited to thirty-five (35) feet or three (3) stories in the "ROE" District.
Signage: The "F-R" District permits signs that advertise the sale of crops raised on the
property. The signs are limited to an area not to exceed forty (40) square feet and a height
of thirty-five (35) feet. The "B-I" District permits unlimited wall signs and one freestanding
sign with an area not to exceed forty (40) square feet and a height of twenty (20) feet. The
"RE" District permits one wall sign with an area not to exceed one square foot. Freestanding
signs are not permitted.
Traffic: The proposed twenty (20) lot residential subdivision could generate approximately
200 weekday vehicle trip ends. South Staples Street can accorranodate the estimated 200
vehicles per day. With the development of large lot subdivisions near the South Staples
Street area, adverse traffic impact has not occurred due to the low-density nature of the
residential subdivisions.
Pros:
a)
CollS~
a) None.
Staff Recommendation:
Attachments:
(Ideas in support of the request.)
The requested "RE" District is generally consistent with the London Area Development
Plan's future land use map in that the request supports a low-density residential use like that
of the surrounding properties.
(Ideas in support of maintaining the current zoning.)
Approval.
Zoning Map
Easement Agreement
H 5PLN-D1R\ERMA\WORD~ZONRPTS~2003\0203-02CCREPORT.DOC
t
F-R
F-R
F-R
~E
SUBJECT PARCELS
LAURELES FAJ~I TR~TS
RE
F-R
2444
3 16
3
4 15 4
4
5
5 14
RE ~2
LAURELE$ FAF~ TRACTS
F-R
Mar 10, 2003- RP
)0
CASE Z0203-02
Subject property
Owners within 200 feet listed
on ottachsd ownership list
TEE STATE OF TEXAS
COUNTY OF NUECES
~2~RK P. BRATTON, Trustee ("Grantor"), for good and valuable
consideration, the receipt and sufficiency of which is
acknowledged, GRANTS, CONVEYS, and DEDICATES, subject to the
reservation, limitations, and conditions contained herein, to the
County of Nueces, State of Texas, whose address is Nueces County
Court House, Corpus Christi, Texas 78401, its successors and
assigns ("Grantee"), an easem~n? in gross for the purpose of
constructing, installing, repairing, maintaining, operating, and
replacing a public street or road (being a part of the street or
road system known as Botanical Gaidens Drive) together with
necessary appurtenant facilities, over, across, and upon the
surface of the land in Nueces County, Texas described on-the
attached Exhibit A and depicted on the Attached Exhibit B (the
"Easement"), which Exhibit A and Exhibit B are incorporated by
reference for all purposes;
TO RAVE ~=ND TO HOLD the. Easement, subject to the reservation
and other matters .herein set forth, together with all and singular
the rights ~hd appurtenances thereto in any manner belonging, unto
Grantee and Grantee's successors and assigns forever; and Grantor
binds Grantor and Grantor's successors to WARRANT AND FOREVER
DEFEND the Easement, subject to the reservation and other matters
herein set forth, unto Grantee and Grantee's successors and assigns
against every person whomsoever lawfully claiming or to claim the
same or any part thereof, by, through, and under Grantor only, and
not otherwise.
The Easement and Grantor's special warranty of title are
subject to all valid and outstanding easements, restrictive
covenants, leases, encumbrances and other interests, if any, and
all platting and other ordinances of the City of Corpus Christi.
Grantor reserves and retains all of Grantor's rights, titles, and
interests with respect to oil, gas and all other minerals of any
nature and this Easement is subject to all outstanding oil, gas and
other mineral leases and interests, if any, and Grantor retains the
right to execute and deliver future oil, gas and mineral leases,
conveyances and agreements without any obligation to Grantee;
provided, however, Grantor waives and releases any right to use the
surface of the land within the Easement for any purpose with
respect to the minerals reserved by Grantor.
Th~s Easemen~ ~s ~n 9enega~ con~orm/t¥ ~t~ t~e ~aste~
T~anspo~tatlon ~lan o~ the 0£~ o~ Co~s C~rlst£ and i~ to
the street ~9~t-o~-vay necessa~ ~og ~he const~ct£on o~ & segment
of Botanical Gardens Dr~.ve.
Dated:
AGREED TO AND ACCEPTED ON
February l~'~ , 1992.
NUECES COUNTY
ROBERT N. BARNES, County Judge
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on February /Z. ,
1992, by MARK P. BRATTON, Trustee, acting in the capacity stated.
~ ~-~ a-~ ~-~ Re State of Texas
PLEASE
stamp, type or print
notary's
name and expiration
date. THANK YOU.
THE STATE OF TEXAS []
COUNTY OF "NUEC~ []
This instrument was acknowledged before me on February / ~ ,
1992 by Robert N. Barnes as County Judge of the County of Nueces,
State of Texas{ acting in the capacity stated.
PLEASE
stamp, type or print
notary's
name and expiration
date. THANK YOU.
EXIITBTT A
gl'flt£ OF EXnS
C~.~y~ Taxee ~
BEGINNING et ~ Dai.t on the .orth riehl-el-coy line af gcuth gte.lee
(~nty Reed No. 4Il ulll~ the uu.ierline of F.H. Need Z444 (S~[h Stadium
uf i9.99 foet end un arc le.uth ul 15.71 feet;
THENCE, blih said circler ~rve to the left, an ere le~,oll~ of IS.TI foal
. far {la paint or tun0e.cr;
THENCI: Nurtl, Be.gl{ fee{ far the paint uf curvature afe circular curve to
~aua~n~ tile"fence of llg.zB fast e.d an arc la.gib of 414.~Z feat;
THENCE, .ui.t:b suid_.clrculer- curve to the left, an ere la.gth ar 414.6Z
TIfEXCE Norih'Z7.Tl{ feet rut en i.tsrier earner of this ireo't and tho
baginnl.g of 6 circular curve tO the left chase radius point beers
guuih 4i'~l{'4g" Ueat ~35.B~ lee{ end uhlcb ham e central enole of ~Z'ZT'Z4", a
4BB. BZ feet; '
TIIENCE, alii, meld circular curva ia ~ha loft, on arc le.tJll, of 4gg.gZ
THENCE South Tg'ZT'Z~" Uemt 3Zd. Tg feet far ll~a uuinl al curvalure ar e
~trmlar curYa ia the rl~l,t ut,Ich I,es a ce,,trel e,lgle of 71~'g7'5~", a radlue
fact;
TIIENCE, uith ,aid circular curve ia the right, un ere Is.gib of lief.5?
THENCE North 3GIt. TS reel far {ha nomi uorthsrly corner of this tract
.For ihs bOut.nine of a uir.~ler ~rve 'to Ibm {e~t abuse radium point beera
(G~ImC~T~~daLI ~) [Jgl
IHEHCE North
'/9'Z3'Z~" Eael 3Z4.3g fee'~ far ~l~a point a[ curvature of a
ills rlah~ uhJdl Ilea e central es~gJe a[ Iag'3g'3S", a radius
1HEIICE, ulJh aetd circuJer curve te tho riehl,
{o ~he Jar{ ulrich.hen a eeftirel en~Ja Of es'es,ge", a radius of lg.ee Feel, a
u~hams~ earner of thio treat;
T[IEHCE Ueet,' ui~ll ~l~e .er'th boundary line of gouU1 $1e~lae g~ree~,
EXHIBIT B
~Z
VOL 2358PA0~ 34t:1
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0203-02
Mark Bratton
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
Notices returned from within the 200-foot notification area:
Favor: None.
Opposition: None.
II.
III.
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:\P LN - DIR\ERMA\WORD\COMM DATA\0203 -02COMM ENTS. DOC
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
MARK BRATTON BY CHANGING THE ZONING MAP IN REFERENCE
TO 26.81 ACRES OUT OF SECTION 31, LAURELES FARM TRACTS,
FROM "F-R" FARM-RURAL DISTRICT AND "B-I" NEIGHBORHOOD
BUISNESS DISTRICT TO "RE" RESIDENTIAL ESTATE DISTRICT;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Mark Bratton for amendment to the City
of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 12, 2003 and February 26, 2003, during a meeting of the Planning
Commission, and on Tuesday, April 15, 2003, during a meeting of the City Council, in
the Council Chambers, at City Hall, in the City of Corpus Christi, during which all
interested persons were allowed to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 26.81 acres out of Section 31, Laureles Farm
Tracts, located north of South Staples Street and east of South Oso Parkway from "F-R"
Farm-Rural District and "B-I" Neighborhood Business District to "RE" Residential Estate
District, as described by metes and bounds on the attached Exhibit A.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
\\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR\JOSEPH~ONING\0203-02REGULAR.DOC
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15th day of April, 2003.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
\\CLSTRI_USERS2_SERVER\USERS2\LEG_DIR\JOSEPH~ONiNG\0203_02REGULAR.DOC
Page 3 of 3
Corpus Christi, Texas
day of .,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
\\CLSTRI_USERS2_SERVER\USERS2\LEG-DIR\JOSEPH~.ONING\0203~02REGULAR.DOC
~rk Bratton Case: 0203-02
403-02041
Prol~ertv Descrintion
STATE OF TEXAS
COUNTY OF NUECES
A 26.81 acre tract, more or less out of Section 31, Laureles Farm Tracts, as shown in
Volume 3, Page 15, Map Records, Nueces County, Texas and being described by metes
and bounds as follows:
COMMENCING at the southeast comer of Country Creek Unit 2, recorded in Volume
55, pages 186-187, Map Records, Nueces County, Texas.
THENCE easterly with the south line of said Country Creek Unit 2 and its extension, to
its intersection with the north westerly extension of the center line of an 80 foot road
dedication, recorded in Volume 2358, Page 343, Deed Records, Nueces County, Texas;
THENCE in general south easterly direction, with the centerline of said 80 foot road
dedication, its curves and its angles, to the east line of Oso Parkway South for the Point
of Beginning and northwest comer of this tract;
THENCE continuing along a general south easterly direction, with the centerline of said
80 foot road dedication, its curve and its angles, to its intersection with a 3.37 acre tract
prezoned "B-I", being out of Section 31, Laureles Farm Tracts, Recorded in Volume 3,
Page 15, Map records, Nueces County, Texas, for a comer of this tract;
THENCE North, a distance of 295.32 feet to a point for an inside comer of this tract;
THENCE N 82° 17' 59", a distance of 88.90 feet to the upper east line and northeast
comer of this tract;
THENCE South along the upper east line of this tract, a distance of 432.09 feet for an
inside comer of this tract;
THENCE N 60°48'50'W, a distance of 100.91 feet to the intersection of the west line of
said 3.37 acre tract and the lower east line of this tract for an inside comer of this tract;
Property Description
September 5, 2002
Page 2
THENCE South along the east line of this tract, a distance of 522.56 feet to the north
fight-of-way line of FM 2444 (South Staples Street) for the south east comer of this tract;
THENCE West along the north fight-of-way line of said FM 2444, a distance of 1650.01
feet to the point for the beginning point of a curve to the fight having a central angle of
90° 00, a radius of 10 feet and a length of 15.71 feet, for the southwest comer of this
tract;
THENCE continuing with the fight-of-way of said curve to the fight, a distance of 15.71
feet to a point of the tangency and end of said curve for a comer of this tract;
THENCE North along the west line of this tract and east line of said Oso Parkway South,
a distance of 1163.26 feet to the Point of BEGINNING.
Prepared by RVE, Inc.
19
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AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: April 15, 2003)
Case No. 0203-04, Harold Kronke: A change of zoning from a "R-lB" One-family Dwelling District to
a "B-4" General Business District on Tract 1 and "R-2" Multiple Dwelling Dis~ict on Tract 2. The property's
legal descriphon is Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet
Road and Church Street and 500 feet north of Leopard Street.
Planning Commission's Recommendation (02/26/03): Tract 1 - Denial of the "B-4" District on
2.71 acres of Tract 1, and approve the "B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2"
District on Tract 2.
Staff's Recommendation: Tract 1 - Denial of the "B-4" District on 2.71 acres of Tract 1, and approve the
"B-4" District on 1.71 acres of Tract 1. Tract 2 - Denial of the "R-2" on Tract 2.
Requested Council Action: Tract I - Denial of the "B-4" Distxict on 2.71 acres of Tract 1, and approve the
"B-4" District on 1.71 acres of Tract 1. Tract 2 - Approval of the "R-2" District on Tract 2 and adoption of the
attached ordinance.
Purpose of Request: For a car wash and duplex development.
S,,,,,,,m:ry: The applicant has requested a change of zoning from a "R-lB" One-family Dwelling Distxict to a
"B-4" General Business District on Tract I and a "R-2" Multiple Dwelling District on Tract 2.
The developer intends to construct a self-service car wash on the undeveloped Tract 1, comprised of 2.187 acres.
The self-service car wash is proposed as a one-story facility with 2,400 square feet and approximately eight (8) to
ten (10) bays. Impervious surface for the entire facility is projected at 30,000 square feet of concrete paving.
Frontage for Tract I is along Violet Road, an arterial and along Church Street, a rural residential street. However,
access for the car wash will only be permitted along Violet Road. Within Tract 1 an open ditch with a box culvert
runs diagonally thxough the property and serves as drainage out fall. Prior to construction, it is the responsibility of
the developer's consulting engineer to perform a hydrologic/hydraulic analysis in determining if sufficient capacity
is available in the public storm water drainage system to handle projected stormwater runoff. The Northwest Area
Development Plan recommends the subject property to develop with low-density residential uses. However, the
"B4" General Business District could be supported for a limited area of Tract 1 due to its adjacency to Violet Road,
an arterial.
Tract 2 is a 0.533-acre area that is undeveloped and is proposed for duplex development. The developer intends to
construct two duplexes, totaling four (4) units on the subject property. Each duplex will consist of 2,400 square feet
with each unit being 1,200 square feet. Access for the duplex development will be along Church Street, a rural
residential street with eighteen (18) feet of paved section. Such use will generate 25 average weekday vehicle trips.
The subject property is located in an area that the adopted Northwest Development Plan recommends to develop
with low-density residential uses based on its current "R-1B" zoning.
Agenda Memorandum
April 15, 2003
Case No. 0203-04 (Harold Kxonke)
Page 2
Applicant's Position: The applicant concurs with Planning Commission's recommendation on Tracts 1 and 2 and
Staff's recommendation on Tract 1.
Notification: Prior to the date of this memorandum, twenty-five (25) notices were mailed to the property owners
within a 200-font radius, of which none were returned and seven (7) were returned in opposition, totaling 33.03%
opposition. The 20% rule is in effect at the City Council hearing.
~1. icff~ el ,N~ ?u~ning, AICP
Assistant Director of Development Services
MG/FGM/er
Attachments:
1) Zoning Report
2) Comments Received
3) Ordinances
H:\PLN-DIR\ERMA\WORD\AGENDMEM\0203 -03AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No.:
Planning Commission
Hearing Date:
Map No.:
Applicant:
Legal Description/Location:
0203-04
February26,2003
L10B
Harold Kronke
Church Street and 500 feet north of Leopard Street.
Area of Request:
Lot(s) Area:
Current Zoning:
Request:
Current Use of Property:
Purpose of Request:
Zoning Change Requested Due
to Notice of Violation:
Adiacent Zoning:
North -"B-4" General Business District
South, West- "R- lB" One-family Dwelling District
Tract 1 - 2.187 acres
Tract 2 - 0.533 acres
Total =2.720 acres
Same as above.
"R- 1B" One-family Dwelling District.
"B-4" General Business District and "R-2"
Multiple Dwelling District.
Undeveloped land.
Car wash and duplex development.
Not applicable.
East (across Violet Road) -" One-family Dwelling District and "B-4" General Business District
Shell Road Poultry Acres, being 2.720 acres out of Blocks 7 and 8, located between Violet Road and
Zoning Report
Case No. 0203-04 (Harold Kronke)
Page 2
Ad,[acent Land Use:
North - Undeveloped
South, West - Single-family residences, church and restaurant.
East (across Violet Road) - Single-family residences and supermarket.
Number of Residential Units Allowed:
"R-1B" - 19 units (7.26 units per platted lot)
"R-2" - 7 units (14.52 units per acre)
"B-4" - 79 units (36.30 units per acre)
Estimated Traffic Generation:
Single-family residences - 10 average weekday vehicle trip ends per dwelling unit x 19 dwelling
units = 190 average weekday vehicle trip ends.
Duplex - 6.47 average weekday vehicle trip ends per unit x 7 units = 45 average weekday vehicle
trip ends.
Duplex - 6.47 average weekday vehicle trip ends per unit x 4 units = 25 average weekday vehicle
trip ends.
Car Wash - 22.00 average weekday vehicle trip ends per 1,000 square feet of gross floor area x
2,400 square feet of gross floor area = 52 average weekday vehicle trip ends.
Ad[acent Streets/Classification:
a) Violet Road - arterial
b) Church Street - rural local
Right-of-Way Design
Current:
a) 80-foot right-of-way with a 48-foot back-to-back rural paved section.
b) 40-foot right-of-way with an 18-foot rural paved section.
Planned:
a) Same as current.
b) 50-foot right-of-way with a 28-foot back-to-back paved section.
Zoning Report
Case No. 0203-04 (Harold Kronke)
Page 3
2002 Traffic Count (24-hour~ weekday, non-directional):
a)
b)
8,929 vehicles per day.
Not available
Zoning History of ProperS,:
There has been no rezoning activity within the past five (5) years.
Recent Surrounding Zoning Cases:
There has been no rezoning activity surrounding the subject property within the past five- (5) years.
Planning Staff Analysis:
General Characteristics and Background: The applicant has requested a change of zoning
from a "R-lB" One-family Dwelling District to a "B-4" General Business District on Tract
1 and a "R-2" Multiple Dwelling District on Tract 2.
The developer intends to construct a self-service car wash on the undeveloped Tract 1,
comprised of 2.187 acres. The self-service car wash is proposed as a one-story facility with
2,400 square feet and approximately eight (8) to ten (10) bays. Impervious surface for the
entire facility is projected at 30,000 square feet of concrete paving. Frontage for Tract 1 is
along Violet Road, an arterial and along Church Street, a rural residential street. However,
access for the car wash will only be permitted along Violet Road. Within Tract 1 an open
ditch with a box culvert runs diagonally through the property and serves as drainage out fall.
Prior to construction, it is the responsibility of the developer's consulting engineer to
perform a hydrologic/hydraulic analysis in determining if sufficient capacity is available in
the public storm water drainage system to handle projected stormwater runoff. The
Northwest Area Development Plan recommends the subject property to develop with low-
density residential uses. However, the "B-4" General Business District could be supported
for a limited area of Tract 1 due to its adjacency to Violet Road, an arterial.
Tract 2 is a 0.533-acre area that is undeveloped and is proposed for duplex development. The
developer intends to construct two duplexes, totaling four (4) units on the subject property.
Each duplex will consist of 2,400 square feet with each unit being 1,200 square feet. Access
for the duplex development will be along Church Street, a rural residential street with
eighteen (18) feet of paved section. Such use will generate 25 average weekday vehicle trips.
The subject property is located in an area that the adopted Northwest Development Plan
recommends to develop with low-density residential uses based on its current "R-lB"
zoning.
Potential Housing Density: A "R-1B" District permits 7.26 units per acre or 19 units on the
subject property with a minimum lot size of 6,000 square feet. The requested "R-2" District
Zoning Report
Case No. 0203-04 (Harold Kronke)
Page 4
permits 14.52 units per acre or 7 duplex units on the 0.533 acre area. The requested "B-4"
District permits 36.30 dwelling units per acre or 79 units on the subject property.
Height/Bulk/Setbacks/Etc.: A "R-lB" District requires a front yard setback of 25 feet and a
side and rear yard setbacks of five (5) feet each. Building heights are limited to 35 feet and
three (3) stories in the "R-lB" District. The "R-2" District requires a front yard setback of
20 feet and side and rear yard setbacks often (10) feet each. The "B-4" District requires a
front yard setback of twenty (20) feet and no side or rear yard setbacks unless adjacent to a
residential district where a setback of ten (10) feet along that residential adjacency would be
required. The subject property has residential adjacency along the south property line that
will require a setback often (10) feet. There are no building height limitations in the "B-4"
District.
Traffic: The development of the subject property as a car wash would generate
approximately 52 vehicle trip ends and as a duplex 25 vehicle trip ends.
Screening: The subject property would be required to place a six (6) foot screening fence
along the south property line of the proposed "B-4" District.
Infrastructure: Within Tract 1 an open ditch with a box culvert runs diagonally through the
property and serves as drainage out fall. Prior to construction it is the responsibility of the
developer to obtain a licensed professional engineer with the state of Texas that will perform
a hydrologic/hydraulic analysis in determining if sufficient capacity is available in the public
storm water drainage system. If capacity is not sufficient then options should be developed
for the site that will not adversely impact upstream and downstream properties.
Pros: (Ideas in support of the request.)
a)
Tract 1 ~ A limited area of Tract I could be developed as business due to its adjacency to
Violet Road, an arterial.
b) Tract 2 - None
Cons: (Ideas in support of maintaining the current zoning.)
a)
Tract 1 - A portion of the subject property adjacent to Church Street should remain
residential due to the limited paved section of Church Street.
b) Tract 2 - Due to Church Street's limited paved section single-family development should be
encouraged along this area that would generate lower traffic volumes for Tract 2.
Zoning Report
Case No. 0203-04 (Harold Kronke)
Page 5
Staff Recommendation:
Denial oft,he "B-4" General Business District on 2.71 acres of Tract 1, and in lieu thereof, approval
of the "B-4" General Business District on 1.71 acres of Tract 1 per Exhibits A and B of Staff
recommendation maps.
Denial of thc "R-2" Multiple Dwelling District on Tract 2.
Attachments: Zoning Opposition Map
Applicant's Request - Exhibits A, B, & C
Planning Commission's Recommendation -
Exhibits A, B, & C
Staffs Recommendation - Exhibits A & B
H :\PLN _DiR\ERMA\WORD~ZONRPTS~2003\0203 -04CCREPOR'[ DOC
A-I
B-4
2
B-4
L
6--C
10
3-A
8
'
Feb 12, 2003 - RP
0
CASE Z0203-04
~O
Subject property
Owners within 200 feet listed
OPPOSITION MAP
on attoched ownership list
B-4
10
ROA[
8
TRY ACRES
B-4
Feb 11, 2003- RP
0 100 200 ,300
CASE Z0203-04
R-lB One-rosily Dwelling Dist.
A-1Aportment House Dist.
B-~ General Business Dist.
APPLICANT'S REQUEST
EXHIBIT A
o.s33 ACRES cf / T~CT ,
PROPOSED R-2 REZONINDv /~ ~$~ 2.187 ACRES
.o~.
0 100' 200'
o~ ~ RICHARD KRONKE
Jt~ 1/30/03
~1 EXHIBIT B
..... ~ ........... PROPOSED REZONING TRACTS
o*~ 1/30/03 ~a't~"~' CORPUS CHRISTI TEXAS
Joe NO 30004 O~AWmC ~0 30004_EX_B sc~ AS NOTED ~ S,EE~
I
APPLICANT'S REQUEST
Exhibit c
Proposed Rezoning Tracts
J200.30004
Being two tracts of land proposed for rezoning, together being all of the 2.720
acre tract described in Volume 1750, Page 936, Deed Records of Nueces County, Texas,
and being a portion of Blocks Seven (7) and Eight (8) of the Shell Road Poultry Acres
according to a map recorded in Volume 5, Page 40, Map Records of Nueces County,
Texas, and each tract being more particularly described by metes and bounds as follows:
Tract I
Tract I being proposed for a B-4 rezoning and being 2.187 acres of land, more or
less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936,
Deed Records of Nueces County, Texas;
· Beginning at the northeast comer of this tract, said comer also being the
northeast comer of said 2.720 acre tract and said Block 7 and said comer being on the
northwest right-of-way line of Violet Rd.;
Thence, S 44° 51' 00" W with the southeast boundary of this tract and the
northwest right-of-way line of Violet Rd., at 257.00 feet pass the southeast comer of
Block 7 and the northeast comer of Block 8, in all 382.20 feet to the southeast comer of
this tract;
Thence, N 50° 58' 00" W, 176.94 feet, to the southmost southwest comer of this
tract;
Thence, N 39° 02' 00" E, 170.00 feet, to an interior comer of this tract;
,
Thence, N 50° 58' 00" W, 103.08 feet, to the westmost southwest comer of this
tract, said comer being on the southeast right-of-way line of Church Street;
Thence, N 39° 02' 00" E with the west boundary of this tract and the east right-of-
way line of Church Street, 203.70 feet, to the northwest comer of this tract and said 2.720
acre tract, said comer being on the north line of Block 7 and the south line of Block 8;
Thence, S 52° 08' 00" E with lhe north line of this tract and said Block 7, 318.86
feet, to the point of beginning and containing 2.187 acres of land, more or less.
Tract 2
Tract 2 being proposed for an R-2 rezoning and being 0.533 acres of land, more
or less, out of the aforementioned 2.720 acre tract recorded in Volume.1750, Page 936,
Deed Records of Nueces County, Texas;
Beginning at the southwest comer of this tract, said comer also being the
southwest comer of said 2.720 acre tract and lying on the southeast right-of-way line of
Church Street;
Thence, N 39° 02' 00" E with the west boundary of this tract and said 2.720 acre
tract, the same being the southeast right-of-way line of Church Street, 225.00 feet, to the
northwest comer of this tract;
Thence, S 50° 58' 00" E, 103.08 feet, to the northeast comer of this tract, the same
being the interior comer of Tract 1;
EXHIBIT C
APPLICANT'S REQUEST
Thence, S 39° 02' 00" W with the east boundary of this tract, at 170.00 feet pass
the southmost southwest comer of Tract 1, in all 225.00 feet, to the southeast comer of
this tract and the southmost southeast comer of said 2.720 acre tract;
Thence, N 50° 58' 00" W, 103.08 feet, to the point of beginning and containing
0.533 acres of land, more or less.
EXHIBIT C CONTINUED
APPLICANT'S REQUEST
A-1
R'-I B
B-4
B-4
R
ROA[
)ULTRY ACRES
B-4
lO
Feb 11, 2003- RP
0 100 200 5OO
-=---= C^SE Z0203-04
B 4
R-1BOnt-lro~nily D~lling Dist.
A-1Apor~'mnt House Dist.
B-4 G~neral Business Dist.
PLANNING COMMISSION RECOMMENDATION
EXHIBIT A
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONK~
Tract I
Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point
on the northwest right-of-way line of Violet Road and the northeast comer of the tract herein
described;
THENCE S 44° 51' 00" W with the northwest fight-of-way line of Violet Road, at 257.00 feet
pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract;
THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract;
THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the
northwest comer of this tract;
THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a
point on the northwest fight-of-way line of Violet Road for the POINT OF BEGINNING.
H:~p LN - DIR\E P3vlA\WO RD~vl & B\0203 -04 M &B.DOC EXHIBIT B
PLANNING COMMISSION RECO:~ENDATIO
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract 2
Being 1.01 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.01 acre tract being more particularly described by metes and bounds as follows;
BEGINNING at a point, the westernmost comer of said 2.72 acre tract, for a point on the
southeast right-of-way line of existing Church Street, and the west comer of the tract herein
described;
THENCE N39° 02' 00" E, along said southeast right-of-way line of Church Street, a distance of
428.70 feet, to the north comer of said 2.72 acre tract and the north comer of this tract;
THENCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a
point, for the east comer of this tract;
THENCE S 39° 02' 00" W, a distance of 428.70 feet, to a point, for the south comer of this tract;
THENCE N 50° 58' 00" W, a distance of 103.08 feet, more or less, to a point on the southeast
right-of-way line of existing Church Street, for the POINT OF BEGINNING.
H:LVLN .DIR\ERM A\WORD~vl &B\0203 -04 M &B, DOC
EXHIBIT C
PLANNING COMMISSION RECOMMENDATION
A-1
R'--1 B
~ 37
B-4
ROA[
'RY ACRES
B ,4
10
Feb 11, 2003 - RP
CASE Z0203-04
B-4
R-lB One-Fm~ily Dwelling Dist.
A--1Apartrmnt House Dist.
E-4 gene~ol Business Dist.
STAFF'S RECOMMENDATION
EXHIBIT A
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract I
Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point
on the northwest right-of-way line of Violet Road and the northeast comer of the tract herein
described;
THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet
pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract;
THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract;
THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the
northwest comer of this tract;
THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a
point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING.
STAFF'S RECOMMENDATION
EXHIBIT B
H:\PLN.DIR\ERMA\WOKD~&B\0203-04M&B.DOC
COMMENTS RECEIVED
FROM NOTICES MAILED
Case No. 0203-04
Harold Kronke
· - FAVOR
X - OPPOSED
(Note: The listed numbers correspond to the attached map.)
II.
Notices returned from within the 200-foot notification area:
None.
Favor:
Opposition:
12)
17)
2o)
21)
3) Jack McCord, 11129 Birdwood Lane 78410
See attached letter.
4) James Lowe, 11126 Timbergrove Lane
"Too much traffic on Violet road and Timbergrove now."
11) Don and Sandy Ward, 4441 Church St.
"Street which will not support commercial traffic. Previous flooding that likely
will worsen possible additional noise issues. Loss of property value."
James H. Masur, 4549 Violet Road
No written comment.
Dan McCaskill, 4430 Chumh St.
No written comment.
Edward and Melissa Nufiez, 449 Church St.
No written comment.
Ed and Donna Mickley, 4457 Church St.
"We do not want a car wash right across from our yard. This is a quiet area."
Responses received from outside the 200-foot notification area:
Favor: None.
Opposition: None.
Comments Received
Case No. 0203-04 (Harold Kronke)
Page 2
III. Responses received from owners/applicants of subject area:
Favor: None.
Opposition: None.
H:~PLN -D1R\ERM A\WO RD\COM M DATA\0203 -04COM M ENTS,DOC
Jack McCord
11129 Birdwood Ln
Corpus Christi. Tx 78410
Planning Department
City of Corpus Christi
Corpus Christi. Tx 78469-9277
RE: OPPOSITION TO CHANGE ZON1NG: SHELL ROAD POULTRY ACRES, 2.72 AC.
Dear Planning Board Commissioners:
My homestead is on Lots I & 2 on Birdwood Lane, directly across from the property requesting
rezoning. I am strongly opposed to rezoning this property to B-4 General Business from R-lB One
Family Dwelling District. My opposition is for 4 reasons, which I refer to below.
First, the demographics of this area are not suited for B-4. The homes on this section of Violet Road are
valued at over $100,000 and there are school age children from both Calallen and Tuloso-Midway that
do distance running in this area. One track team member has already been hit in this area. Along this
Violet Road area is a high incidence of pedestrian traffic of women and children,, that frequent both the
HEB and fast food franchises on Leopard at one end and IH 37 on the other end.
Secondly, the B-4 undeveloped tract adjacent to the current request has been there for some time, with
no business interest in that undeveloped vacant land tract. The person requesting this change already
has several B-4 vacant lots and buildings in our area. Also several other vacant business lots and
buildings along Leopard street, Up River Road and McKenzie Rd in this area have shown no business
interest Recently the Bowling lanes at Callicoate Rd and IH 37 closed. The area bound by Rand Morgan
on the east and Callicoate Road on the Northwest is not in need of further B-4 zoning as witnessed by
the vacant buildings and business lots. (The Jackson Place homeowners on Violet Road were not
notified of the requested change of that adjacent tract 2 undeveloped land that was reclassified as B-4.)
Thirdly, if retail business were somehow successful on this property the vehicular traffic would strain
this very high traffic area and water, sewer, gas and storm water drainage beyond this areas current
capacity None of these utility services are currently in place on this west section of Violet Road. I have
had storm water enter my home because of poor storm water drainage.
Fourth, the value of my property would be lowered by the potential of bars, so-called men's clubs and
adult video stores, such as those being currently proposed to be moved to my district by the City
Council. I have lived at my current address for 25 years. I am for business growth, but this is a bad idea.
I have no opposition to the change to "R-2" Multiple Dwelling District for the entire tract. 1
recommend Mr. Kronke amend his petition to change the entire tract to R-2. There is much need for this
type housing in our area. There are fully rented R-2 units already on Violet Road and McKenzie Road.
Sincerely RECEIVED
Jack McCord
Xc Councilmen Bill Kelly, Henry Garrett,
Brent Chesney
FEB £ 4
CITY OF CORPUS CHRISTI (._
'PLANNING AND DEVELOPMENT
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
HAROLD KRONKE, BY CHANGING THE ZONING MAP IN
REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL
ROAD POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1
(2.187 ACRES) AND "R-2" MULTIPLE DWELLING DISTRICT ON
TRACT 2 (0.533 ACRE); AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Harold Kronke for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 26, 2003, during a meeting of the Planning Commission, and on Tuesday,
April 15, 2003, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 2.720 acres out of Blocks 7 and 8, Shell Road
Poultry Acres, located between Violet Road and Church Street and 500 feet north of
Leopard Street, from "R-1 B" One-family Dwelling District to "B-4" General Business
District on Tract 1 (2.187 acres) and "R-2" Multiple Dwelling District on Tract 2 (0.533
acre). Tracts I and 2 are shown on the attached Exhibits A and B and are described by
metes and bounds on the attached Exhibit C.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section I of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGREGULARAPPLICANTREQUEST.DOC
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (l) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15TM day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,2003
Samuel L Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ONING~0203-04ZONINGREGULARAPPLICANTREQUEST.DOC
Page 3 of 3
Corpus Christi, Texas
__day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGREGULARAPPLICANTREQUESTDOC
A 1
R'--1 B
B-4-
B
4
8
ACRES
B-4
10
Feb 1 1 , 200~ - RP
0 100 200 300
~'---- CASE Z0203-04
R-lB One-~a-ni ly D~el Iing Dist.
A-1 Aport merit House Dist.
B-4 General Business Dist.
APPLICANT'S REQUEST
B-4
EXHIBIT A
TRACT 2 .<L~~' / ~'~
0.533 ACRES C,~ / TRACT 1
PROPOSED R-2 REZONING - /~ ,~'$~ 2.187 ACRES
PRESENTLY ZONE0 R-18~ ~~
0 ~00' 200'
OR. JLM 0aTE 1/30/03 ~ RICHARD KRONKE
EXHIBIT B
CHK O*~[ 1/30/03 ~'~ CORPUS CHRIS[I TEXAS
s~* aoB ~o 30004 D~*w~c NO 30004_EX_B SC*LE AS NOTEO r ~EE~
APPLICANT'S REQUEST
Exhibit c
Proposed R~zoning Tracts
J200.30004
Being two tracts of land proposed for rezoning, together being all of the 2,720
acre tract described in Volume 1750, Page 936, Deed Records of Nucces County, Texas,
and being a portion of Blocks Seven (7) and Eight (8) of the Shell Road Poultry Acres
according ~ a map recorded in Volume 5, Page 40, Map Records of Nueces County,
Texas, and each tract being more particularly described by metes and bounds as follows:
Tract 1
Tract 1 being proposed for a B-4 rezonlng and being 2.187 acres of land, more or
less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936,
Deed Records of Nueces County, Texas;
· Beginning at the northeast comer of this tract, said comer also being the
northeast coroer of said 2.720 acre tract and said Block 7 and said comer being on the
northwest right-of-way line of Violet Rd.;
Thence, S 44° 51' 00" W with the southeast boundary of this tract and the
northwest fight-of-way line of Violet Rd., at 257.00 feet pass the southeast comer of
Block 7 and the northeast comer of Block 8, in all 382.20 feet to the southeast comer of
this tract;
Thence, N 50° 58' 00" W, 176.94 feet, to the southmost southwest comer of this
tract;
Thence, N 39° 02' 00" E, 170.00 feet, to an interior comer of this tract;
Thence, N 50° 58' 00" W, 103.08 feet, to the westmost southwest comer of this
tract, said comer being on the southeast right-of-way line of Church Street;
Thence, N 39° 02' 00" E with the west boundary of this tract and the east fight-of-
way line of Chumh Street, 203.70 feet, to the northwest comer of this tract and said 2.720
acre tract, said comer being on the north line of Block 7 and the south line of Block 8;
Thence, S 52° 08' 00" E with the north line of this tract and said Block 7, 318.86
feet, to the point of beginning and containing 2.187 acres of land, more or less.
Tract 2
Tract 2 being proposed for an R-2 rezuning and being 0.533 acres of land, more
or less, out of the aforementioned 2.720 acre tract recorded in Volume 1750, Page 936,
Deed Records of Nueces County, Texas;
Beginning at the southwest comer of this tract, said comer also being the
southwest comer of said 2.720 acre tract and lying on the southeast right-of-way li~ie of
Church Street;
Thence, N 39° 02' 00" E with the west boundary of this tract and said 2.720 acre
tract, the same being the southeast right-of-way line of Church Street, 225.00 feet, to the
northwest comer of this tract;
Thence, S 50° 58' 00" E, 103.08 feet, to the northeast comer of this tract, the same
being the interior comer of Tract 1;
EXHIBIT C
AFPLICANT'S REQUEST
Thence, S 39° 02' 00" W with the east boundary of this tract, at 170.00 feet pass
the southmost southwest comer of Tract 1, in all 225.00 feet, to the southeast comer of
this tract and the southmost southeast comer of said 2.720 acre tract;
Thence, N 50* 58' 00" W, 103.08 feet, to the point of I~giuning and containing
0.533 acres of land, more or less.
EXHIBIT C CONTINUED
APPLICANT'S REQUEST
AN ORDINANCE
Page 1 of 3
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
HAROLD KRONKE, BY CHANGING THE ZONING MAP IN
REFERENCE TO 2.720 ACRES OUT OF BLOCK 7 AND 8, SHELL
ROAD POULTRY ACRES, FROM "R-lB" ONE-FAMILY DWELLING
DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1
(1.71 ACRES) AND "R-2" MULTIPLE DWELLING DISTRICT ON TRACT
2 (1.01 ACRES); AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Harold Kronke for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 26, 2003, during a meeting of the Planning Commission, and on Tuesday,
April 15, 2003, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 2.720 acres out of Blocks 7 and 8, Shell Road
Poultry Acres, located between Violet Road and Church Street and 500 feet north of
Leopard Street, from "R-1 B" One-family Dwelling District to "B-4" General Business
District on Tract 1 (1.71 acres) and "R-2" Multiple Dwelling District on Tract 2 (0.533
acre). Tracts 1 and 2 are shown on the attached Exhibit A and are described by metes
and bounds on the attached Exhibits B and C.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:\LEG-DIR\JOSEPHtZONING\0203 04ZONINGREGULAPLANNINGCOMMREC.DOC
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15TM day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGREGULAPLANNINGCOMMREC.DOC
Page 3 of 3
Corpus Christi, Texas
day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garret[
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR\JOSEPH~ONING\0203-04ZONINGREGULAPLANNINGCOMMREC,DOC
A-1
R'IB
B-4
B
4
ROA[
~OULTRY
ACRES
10
Feb 11, 2003 - RP
0 10o 20( 3oo
CASE Z0203-04
B 4
R-lB One-Fa'nilyOwelling Dist.
A-1 Apartment House Dist.
~-4 General Business Dist.
PLANNING COMMISSION RECOMMENDATION
EXHIBIT A
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract 1
Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point
on the northwest right-of-way line of Violet Road and the northeast comer of the tract herein
described;
THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet
pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract;
THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract;
THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the
northwest comer of this tract;
THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a
point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING.
t I:~P LN -DIR\ERMA\WORDhM&B\0203 -04M&B. DOC EXHIBIT B
PLANNING COMMISSION RECOHHENDATIO]
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract 2
Being h01 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.01 acre tract being more particularly described by metes and bounds as follows;
BEGINNING at a point, the westemmost comer of said 2.72 acre tract, for a point on the
southeast right-of-way line of existing Church Street, and the west comer of the tract herein
described;
THENCE N39° 02' 00" E, along said southeast fight-of-way line of Church Street, a distance of
428.70 feet, to the north comer of said 2.72 acre tract and the north comer of this tract;
THENCE S 52° 08' 00" E, along the north line of said block 7, a distance of 103.08 feet, to a
point, for the east comer of this tract;
THENCE S 39° 02' 00" W, a distance of 428.70 feet, to a point, for the south comer of this tract;
THENCE N 50° 58' 00" W, a distance of 103.08 feet, more or less, to a point on the southeast
right-of-way line of existing Church Street, for the POINT OF BEGINNING.
H 5PLN-DIR~ERMA\WORD~M&B\0203-04M&B DOC
EXHIBIT C
PLANNING COMMISSION RECOMMENDATION
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
HAROLD KRONKE, BY CHANGING THE ZONING MAP IN
REFERENCE TO 1.7t ACRES OUT OF BLOCK 7 AND 8, SHELL ROAD
POULTRY ACRES, FROM "R-I B" ONE-FAMILY DWELLING DISTRICT
TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT 1 (t.71
ACRES); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Harold Kronke for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
February 26, 2003, during a meeting of the Planning Commission, and on Tuesday,
April 15, 2003, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 1.71 acres out of Blocks 7 and 8, Shell Road
Poultry Acres, located between Violet Road and Church Street and 500 feet north of
Leopard Street, from "R-1B' One-family Dwelling District to "B-4" General Business
District on Tract 1 (1.71 acres). Tract 1 is shown on the attached Exhibit A and
described on the attached Exhibit B.
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGSTAFFREC DOC
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 15TM day of April, 2003.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ,2003
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Joseph Harney
Assistant City Attorney
For City Attorney
H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGSTAFFREC.DOC
Page 3 of 3
Corpus Christi, Texas
__ day of ,2003
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Henry Garrett
William Kelly
Rex A. Kinnison
John Longoria
Jesse Noyola
Mark Scott
H:\LEG-DIR\JOSEPH~ZONING\0203-04ZONINGSTAFFREC.DOC
A-1
R'--1 B
B 4
B-4
~RY ACRES
10
Feb 11, 2003- RP
CASE Z0203-04
R-lB One-F~nily Dwelling Dist.
A-1 Apartment House Dist.
~-4 General Business Dist.
STAFF'S RECOMMENDATION
EXHIBIT A
PROPOSED REZONING TRACT
CASE NO. 0203-04
HAROLD KRONKE
Tract 1
Being 1.71 acres, more or less, out of the 2.720 acre tract described in Volume 1750, Page 936,
Deed Records of Nueces County, Texas, and being a portion of Blocks 7 and 8 of the Shell Road
Poultry Acres, shown on Plat of Record in Volume 5, Page 40, Map Records of Nueces County,
Texas, said 1.7980 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a point, the northeast comer of said 2.720 acre tract and said Block 7, for a point
on the northwest right-of-way line of Violet Road and the northeast comer of the tract herein
described;
THENCE S 44° 51' 00" W with the northwest right-of-way line of Violet Road, at 257.00 feet
pass the southeast comer of said Block 7, in all 382.20 feet to the southeast comer of this tract;
THENCE N 50° 58' 00" W, 176.94 feet, to the southwest comer of this tract;
THENCE N 39° 02' 00" E, 373.70 feet, to a point on the north line of said Block 7, for the
northwest comer of this tract;
THENCE S 52° 08' 00" E with the north line of said Block 7, 215.78 feet, more or less, to a
point on the northwest right-of-way line of Violet Road for the POINT OF BEGINNING.
STAFF'S RECOMMENDATION
EXHIBIT B
H :\P LN-D IR\ERM A\WORDLM&B~203 -04M &B DOC
cit of
Corpus
Christi