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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 (Refer to legend at the end of the 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~ R32810A3.doc 2 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 3 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 5 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 6 (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 7 (2) The City is not authorized to issue a Dune Protection Permit at the site of tho proposed construction. (3) The City is authorized to issue a Dune Protection Permit at the site of 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. R32810A3doc 10 (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 11 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; R32810A3.doc 13 d. Proposed roadways and driveways and proposed landscaping activities on the tract; e. The location of any seawalls or any other erosion response structures on the tract and on the properties immediately adjacent to the tract; f. If known, the location and extent of any man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract; g. If development is proposed to be located seaward of the dune protection line, the erosion area line located on the grading and layout plan; and h. The location and extent of wetlands as requested by the City. (14) For all proposed construction (large- and small-scale), if applicant already has the 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: R32810A3.doc 14 (3) The most recent local historical erosion rate data (as determined by the University of Texas at Austin, Bureau of Economic Geology) (usually located in the 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: R32810A3.doc 15 Sec. 10-22. Terms and Renewal of Permits/Certificates. (a) Permits or certificates shall be valid for the following periods: (5) Permits or certificates involving master planned development project, if the property on which the project will be constructed does not need to be platted and a building, electrical, gas, mechanical, or plumbing permit is not required under §13-1 of the Code of Ordinances - ten years from the effective date of ordinance 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. R32810A3.doc 16 (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. R32810A3,doc 17 (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. R32810A3doc 18 SECTION 11. Section 10-29, Code of Ordinances, is revised to read as follows: Sec. 10-29. Mitigation of other adverse effects. (a) The applicant 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 R32810A3.doc 19 5. Cause any such adverse effects for which the Concurrent Beach/Dune Committee determines there is a practicable alternative that would avoid such adverse effects. (2) Minimization. a. Minimization means minimizing effects on dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. Permittees shall minimize adverse impacts to dunes and dune vegetation by limiting the degree or magnitude of the action and its implementation. If the Concurrent Beach/Dune Committee determines that adverse effects on dunes or dune vegetation seaward of the dune protection line cannot be avoided, it may issue a permit allowing the proposed alteration, provided that the permit contains a condition requiring the permittee to minimize such adverse effects to the greatest extent practicable. b. To minimize unavoidable adverse effects as required by subsection (b)(2)a. of this section, permittees shall: 1. Locate non-exempt pipelines across previously disturbed areas, such as blowout areas, and minimize disturbance of dune surfaces where use of previously disturbed areas is not practicable; 2. Minimize construction and pedestrian traffic on or across dune areas to the greatest extent practicable, accounting for trends of dune movement and beach erosion in that area; 3. Route all pedestrian access to and from beaches through washover areas or over elevated walkways, and conspicuously mark all such access that is public with permanent signs so indicating; 4. Minimize the number of private access ways from any proposed subdivision, multiple dwelling, or commercial facility. In some cases, the minimum beach access may be only one (1) access way. In determining the appropriate grouping of access ways, the Concurrent Beach/Dune Committee shall consider the size and scope of the development; 5. Post signs in areas where pedestrian traffic is high explaining the functions of dunes and the importance of vegetation in preserving dunes; 6. Where practicable, provide vehicular access to and from beaches by using existing roads or from roads constructed in accordance with subsection (b)(1)b.3. of this section, unless public beach access is restricted, and where possible, improve existing R32810A3.doc 20 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 R32810A3.doc 21 restoration, where appropriate, considering the characteristics of the site; and 4. Restore or repair dunes using indigenous vegetation that will achieve the same protective capability as or greater capability than the surrounding natural dunes. c. In authorizing or requiring restoration of dunes, the Concurrent Beach/Dune Committee shall give priority to stabilization of blowouts and breaches. Before permitting stabilization of washover areas, the committee shall: 1. Assess the overall impact of the project on the beach/dune system; 2. Consider any adverse effects on hydrology and drainage which will result from the project; and 3. Require that equal or better public beach access be provided to compensate for impairment of any public beach access previously provided by the washover area. (4) Compensation. a. Compensation means compensating for effects on dunes and dune vegetation by replacing or providing substitute dunes and dune vegetation. Compensation consists of replacement of the affected dunes or dune vegetation on the site where the dunes and dune vegetation were originally located. The Concurrent Beach/Dune Committee shall set appropriate permit conditions requiring permittees to compensate for all adverse effects on dunes and dune vegetation that can not be avoided, minimized, or otherwise mitigated. In setting appropriate conditions, the committee shall consider the recommendations of the General Land Office, federal and state natural resource agencies, and dune vegetation experts. Preference shall be given to stabilization of blowouts and breaches. b. Permittees shall follow the requirements of subsections (3)b.--c. and (4)e.3.-~5. of this subsection when replacing dunes or dune vegetation. c. On-site compensation consists of replacement of the affected dunes or dune vegetation on the site where the dunes and dune vegetation were originally located. Permittees shall locate compensation efforts on the construction site, where practicable. d. A permittee may locate compensation efforts off the construction site if the permittee demonstrates that: R32810A3.doc 22 1. On-site compensation is not practicable; 2. The off-site compensation will be located as close to the construction site as practicable; 3. The off-site compensation has achieved a 1:1 ratio of proposed adverse effects on successful, completed, and stabilized restoration prior to beginning construction; and 4. The permittee has notified FEMA, Region 6, of the proposed off- site compensation. e. Permittees shall provide the following information when proposing off- site compensation: 1. The name, address, phone number, and fax number, if applicable, of the owner of the property where the off-site compensation will be located; 2. A legal description of property intended to be used for the proposed off-site compensation; 3. The source of the sand and dune vegetation to be used; 4. All information regarding permits and certificates issued for the restoration of dunes and dune vegetation on the compensation site; 5. All relevant information regarding the success, current status, and stabilization of the dune restoration efforts on the compensation site; 6. Any increase in potential flood damage to the site where the adverse effects on dunes and dune vegetation will occur and to the public and private property adjacent to that site; and 6~-7.~_ The proposed date of initiation 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 R32810A3.doc 23 compensation, in the form of an irrevocable letter of credit, performance bond, or any other instrument acceptable to the city. h. Permittees shall 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); R32810A3.doc 24 (3) Cumulatively, directly or indirectly impairs or adversely affects public use of or access to and from a public beach, including failure to comply with any requirements of article VI of these regulations (management of the public beach) unless equivalent or better public access or parking is established as required in section 10-37 of this article (dedication of equivalent or better access); or (4) Fails to comply with any requirements of article III of these regulations (requirements for dune protection permits) or article V of these regulations (concurrent requirements for dune protection permits and beachfront construction certificates). (5) Functionally supports or depends on or is otherwise related to proposed or existing structures that encroach on the public beach, regardless of whether the encroaching structure is on land that was previously landward of the public beach. This provision shall not be construed to prevent construction or reconstruction of structures or facilities landward of the concrete seawall nor those structures or facilities that are functionally dependent on the concrete seawall or are associated with the concrete seawall nor shall this provision be construed to prevent repair or maintenance of the concrete seawall. SECTION 13. Section 10-52, Code of Ordinances, is amended by repealing the note following subsection (a) and revising subsections (a), (c), and (f), to read as follows: Sec. 10-52. Designation of Access Ways, Parking Areas, and Beaches Closed to Motor Vehicles. (a) The following areas are designated as public vehicular access ways to and from the public beaches within the jurisdiction of the City of Corpus Christi. ~ · '. 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. R32810A3.doc 25 .................................... 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. R32810A3.doc 26 SECTION 17. Section 10-60, Code of Ordinances, is revised to read as follows: Sec. 10-60. Monitoring. The Concurrent Beach/Dune Committee or the General Land Office may require a permittee to conduct or pay for a monitoring program to study the effects on the public beach of the permittee's coastal and shore protection project. The permittee shall notify "~ "'""";"" ~ ......... ~ ....... 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. R32810A3doc 27 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. R32810A3doc 28 (b) Vendors shall be permitted to operate upon the Gulf beaches in the City or on the seawall fronting on the Gulf of Mexico, subject to the following restrictions and regulations ~'- '-'~'~*;'-'- tc ~*~' ..... .~;,~..,.~ ~ ..... ,~ ..........~..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 31 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 H:\LEG-DIR\Lisa\RES~Apr 15 Investment Policy,doc Page 4 of 7 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. H:\LEG-DIR\Lisa\RES~Apr 15 Investment Policy doc Page 5 of 7 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. H:\LEG-DIR\Lisa\RES~pr 15 Investment Policy.doc Page 6 of 7 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. H:\LEG-DIR\Lisa\RES\Apr 15 Investment Policy.doc Page 7 of 7 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 H:\LEG-DIR\Lisa\RES~Apr 15 Investment Policy.doc 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. 19 (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 ,Y�1 �1�11Y Qa f I m Y I q 't lY�W W D�I10 f'l�9yM�111�1MQYyf�I'n� 1f ICL.E ffm aj I t I .i ' WA a f 1M MWD1 � I I I a ai ax fa 'e¢a Dale r OB]RJ toau L i fl 1 25 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