HomeMy WebLinkAboutAgenda Packet City Council - 06/15/2004CITY COUNCIL AGENDA
JUNE 15, 20O4
Corpus Christi
AiI-AmedcaCity
11:45 A.M. - Proclamatk:m declaring Juno 20, 2004 as "lsidro Lopez Day"'
Proclamation declaring the month oi' Juno as "National Horneownership Month'
H(~norary Citizen Cedlficete for Vincent Mateos - Exchange Student from our Sister City, Agen, France
Swearing-in ceremony of newly appointed Board, Commission and Committee members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JUNE 15, 2004
'10:00 A.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 12:00 p.m. or at the end
of the Council Meeting, whichever Is eadier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limitad to three minutes. If you have a petiEon or olher inforrnation pertainir~g fo your
subject, please present it to the City Secretary.
Si Usted desea d/rig/me al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa~ol en tadas las Juntas
del Concilio para ayudade.
Persons with disabilities who plan to attend this rneeb'ng and who may need auxiliary aids or services are requested to
contact the Ci~ Secretary's office (at 361-880-3105) at/east 48 hours in advance so lhat appropriate arrangements can be
made.
A. Mayor Samuel L. Neal, Jr. to call the meeting to order.
B. Invocation to be given by Pastor Gene Stewart, Reach Out for Christ Ministries.
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 Tern Rex Kinnison
Council Members:
Brent Chesrmy
Melody Cooper
Jay/er D. Colmenero
Henry Garret[
Bill Kel[y
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa __
E. MINUTES:
1. Approval of Regular Meeting of June 8, 2004. (Attachment # 1)
Agenda
Regular Council Meeting
June 15,2004
Page 2
F. SPECIAL RECOGNITION:
Introduction of Dr. Cados Garcia, newly appointed President of
Del Mar College.
G. BOARDS & COMMrl-rEE APPOINTMENTS: (Attachment # 3)
3. * Sister City Committee
PRESENTATIONS:
Public comment will not be solicited on Presentation items.
Final Report of the Charter Revision Commission_ (Attachment
#4)
Presentation by Nueces County Hospital Distdct on Proposed
West Side Clinic. (Attachment # 5)
I. SPECIAL BUDGET PRESENTATION:
Overview of Proposed FY 2004-2005 Budgets for Enterprise
Funds. (Attachment #6)
J. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, ~he Ci~
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 ~he action specified.
A motion to reconsider may be made at this mcctJng 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.
K=
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
CITY COUNCIL
PRIORITY ISSUES
(Re ~r Io lege~:l at If~e e~d oi' Ihe
agenda s~)
Agenda
Regular Council Meeting
June 15,2004
Page 3
Member or a citizen, in which event the item or items will immediately be
withdrawn forindividual 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 ~he Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
Ordinance appropriating $383,952 from the State Homeland
Secudty Grant in Fire Grants Fund No. 1062 for purchase of 114
handheld radios. (Attachment # 7)
Resolution authorizing the City Manager or the City ManageYs
designee to execute a Gift Agreement with the Fdends of the
Corpus Chdsti Public Libraries which provides the City with a gift
of$115,558.54 for the expansion and remodeling of the Mary and
Jeff Bell Children's Library at the Central Library. (Attachment
#8)
Ordinance appropriating $115~558_54 from the Fdends of the
Corpus Chdsti Public Libraries Capital Improvement Program
Fund No. 3210 for improvements to the Mary and Jeff Bell
Children's Library at the Central Library; amending FY 2004
Capital Budget adopted by Ordinance No. 025647 by increasing
appropriations by $115,558.54. (Attachment # 8)
L. PUBLIC HEARINGS: (NONE)
M=
REGULARAGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES:
Discussion and consideration of petition filed regarding freezing
of ad valorem taxes on residence homesteads of the disabled
and the eldedy and their spouses. (Attachment # 9)
Cl'l-? COUNCIL
PRIORITY ISSUES
(Re~' h~ legend at Ihe end o~
agenda surnma~)
Agenda
Regular Council Meeting
June 15,2004
Page 4
10.
First Reading Ordinance - Enacting Article III of Chapter 13 of the
Code of Ordinances to establish an identification, registration,
and enforcement process related to vacant buildings and
structures; and providing for penalties. (Tabled May 25, 2004)
(Attachment # 10)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is mede of the meeting; therefore, please speak into ~he microphone
located at the podium and state your name and eddress. If you have a peEddon
or other infon'nation pertaining to your subject, please present if to the City
Secretary.)
Si usted se dirige a la junta y crae que su ingl~s es limitedo, habr~ un inf~rprete
Ingl~Js-espa~ol en la muni~n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive ~u~,~-iu~ at any time dudng the meeli~ 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 autho#zing the executive session
will be publicly announced by the presiding office.
CITY COUNCIL
PRIORITY ISSUES
(Re[er lo ~egend a/the end ~ Ihe
ager~a sur~a~)
Agenda
Regular Council Meeting
June 15,2004
Page 5
P. 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.
11. CITY MANAGER'S REPORT
* Upcoming Items
12. MAYOR'S UPDATE
13. COUNCIL AND OTHER REPORTS
Q. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the Cib/s official bulletin board at the front enhance
to City Hall, 1201 Leopard Street, at <~ '. ~ p.m.,
· ,-,) ~. r~ ~- j I ,2004.
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www,cctexas.com after 7:00 p.m. on the Friday
before regalarlysch~du~ll meetings. Iftechnical
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
(Re~' ID legend a[ the ~ o~
agenda sumrna~/)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
June 8, 2004 - 10:00 a.m.
PP,~ESENT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Rex Kinnison
Council Members:
Brent Chesney (Arrived at 10:05 a.m.)
Javier D. Colrnenero
Melody Cooper
Henry Garrett
Bill Kelly
Jesse Noyola
Mark Scott
City Staff:
City Manager George K_ Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Neal called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Reverend E.F. Bennett and the Pledge of Allegiance to the United
States flag was led by Council Member Garrett. 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 May
25, 2004. A motion was made and passed to approve the minutes as presented_
Mayor Neal referred to Item 2 and the following board appointments were made:
Civil Service Board/Commission
Cydney Farmr (Reappointed)
Commission on Children & Youth
Captain Janie Suarez (Appointed)
Amanda Stukenberg (Appointed)
Brian Silva (Appointed)
Drew Reining (Reappointedll
Food Service Advisory Committee
Suzanne Gilliam (Reappointed)
Henri Mae Tillis (Appointed)
C_C. Regional Transportation Authority
Johrl Buekley (Reappointed)
Crystal Lyons (Appointed)
Roland Ba.rrera (Reappointed)
John Longoria (Appointed)
Davie Cissna (Appointed)
Minutes - Regular Council Meeting
June 8, 2004 - Page 2
Mayor Neal called for consideration of the consent agenda (Items 3-21). City Secretary
Chapa announced that Council Member Kelly was abstaining from the discussion and vote on Items
17 and 18, and Council Member Noyola was abstaining from the discussion and vote on Item 21.
Mayor Neal called for public comment. Mr. John Alford and Mr. Robert Garciarequested that Item
3 be discussed. Mr. Bill Kopecky requested that Item 7 be discussed_ Council members requested
that Items 13 and 19 be discussed. A motion was made and passed to approve Items 3 through 21,
constituting the consent agenda, except for Items 3, 7, 13, and 19, which were pulled for individual
consideration. City Secretary Chapa polled the Council for their votes as follows:
4.a. MOTION NO. 2004-209
Motion approving a supply agreement with SBC Global Services, Inc., of Corpus Christi,
Texas for local telephone service, long distance telephone service and internet services based
on Request for Proposal No_ BI-0139-03 for an estimated three year expenditure of
$729,802.38 of which $40,709_41 is budgeted for the remainder of FY 2003-2004. The term
of the agreement is three years with an option to extend the contract for up to two additional
twelve-month periods subject to the approval of the contractor and the City Manager or his
designee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4.b. MOTION NO. 2004-210
Motion approving a supply agreement with SBC Global Services, Inc., of Corpus Christi,
Texas for data connection services based on the Cooperative Purchasing Agreement with the
State of Texas for an estimated two year expenditure of $92,640 of which $7,720 is budgeted
for the remainder of FY 2003-2004. The term of the agreement is for two years with an
option to extend the contract for up to three additional twelve-month periods subject to the
approval of the conlxactor and the City Manager or his designee.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and Scott, voting "Aye".
5.a. RESOLUTION NO, 025776
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of Transportation for an Impaired Driving Mobilization Selective Traffic
Enforcement Project (STEP) grant for DWI enforcement within the Police Department and
to execute all related documents.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 3
5.b. ORDINANCE NO. 025777
Ordinance appropriating $25,000 fi.om the Texas Department of Transportation for funding
of an Impaired Driving Mobilization Selective Traffic Enforcement Project (STEP) grant for
DW1 enforcement overtime within the Police Department in the No. 1061 Police Grants
Fund.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garret-t, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
6.a. RESOLUTION NO. 025778
Resolution authorizing the City Manager or his designee to accept an amendment for a grant
increase in the amount of $70,632 to grant contract No. 470-04004 with the Texas State
Library and Archives Commission to augment funds to allow the purchase of library
materials for filly-two (52) member libraries and to continue basic operations of the South
Texas Library System.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
6.b. ORDINANCE NO. 025779
Ordinance appropriating an additional $70,632 in an amendment to contract No. 470-04004
fi'om the Texas State Library and Archives Commission in the No. 1068 Libraries Grant
Fund to augment funds to allow the purchase of library materials for fifty-two (52) member
libraries and to continue basic operations of the South Texas Library System.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
MOTION NO. 2004-214
Motion authorizing the City Manager or his designee to execute Amendment No_ 1 to the
Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in
the amount of$107,650, for a total restated fee of $229,850 for the Area Street and Drainage
Improvements along the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and
Kostoryz)
Helen - Stage 2, Phase 2B
Theresa - Stage 2, Phase 2B
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 4
MOTION NO. 2004-215
Motion authorizing the City Manager or his designee to execute a construction contract with
Garrett Construction, oflngleside, Texas in the amount of $514,130.60 for the Lake View
Drive Drainage Improvements project_
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
10.a. ORD1NANCENO. 025780
Ordinance appropriating $337,626_46 from the unappropriated bond proceeds and
unappropriated interest earnings in Water 1994 Capital Improvement Program Fund No.
4081 for the North Navigation Pumping Plant Contract No. 3 - 36" Diameter Water
Transmission Main; amending Capital Budget adopted by Ordinance No. 025647 by
increasing appropriations by $337,626.46.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
10.b_ MOTIONNO. 2004-216
11.
Motion authorizing the City Manager or his designee to execute Change Order No. 8 with
Jalco, Inc., of Houston, Texas in the amount of $376,541 for the North Navigation Boulevard
Pumping Plant Contract No. 3 - 36" Diameter Water Transmission Main (North Navigation
Boulevard Pumping Plant to Caldwell Street Pumping Plant).
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
MOTION NO. 2004-217
Motion authorizing the City Manager or his designee to execute a Utility Easement
Instrument with Frank T. Shumate, Jr. for Parcel 402B, in the total amount of $30,000,
necessary for the Southside Water Transmission Main, Phase 4, Project 8390, and for other
municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 5
12.
14.
15.
16.
MOTION NO, 2004-218
Motion authorizing the City Manager or his designee to execute a Utility Easement
Instrument with Patricia Ray Peterson Nuss and Christy Ann Peterson Brown for Parcel 443,
in the total amount of $87,659, necessary for the Southside Water Transmission Main, Phase
4a, Project 8425 and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_
ORDINANCE NO. 025782
Ordinance appropriating $2,981,691.76 in unappropriated bond proceeds in Fund No_ 3430
Wastewater Capital Improvement Program to fund various approved wastewater capital
projects; amending Capital Budget adopted by Ordinance No. 025647 by increasing
appropriations by $2,981,691.76
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
MOTION NO. 2004-220
Motion authorizing the City Manager or Iris designee to execute Change Order No. 1 to a
construction contract with Ramos Industries, of Pasadena, Texas in the amount of $75,984
for Force Main Repairs/ Replacement Line C, Phase 2 - Kenith Circle to Ciman-on
Boulevard.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnlson, Noyola and Scott, voting "Aye".
MOTION NO. 2004-221
Motion authorizing the City Manager or his designee to execute Amendment No. 1 for
engineering services with LNV Engineering, of Corpus Christi, Texas for a total fee not to
exceed $361,816 for the Water System Interactive Hydraulic Model and Analysis Project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 6
17. MOTION NO. 2004-222
Motion authorizing the City Manager or his designee to execute Change Order No. 10 for
the Multi-Purpose Arena in the amount of $93,457 with Fulton Coastcon, Joint Venture, of
Corpus Christi, Texas for various architectural, electrical, mechanical and sla-uctural
modifications.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained.
18. MOTION NO. 2004-223
Motion authorizing the City Manager or his designee to execute Change Order No_ 9 with
Moorhouse/Beecrofi, Joint Venture, LLC, of Corpus Christi, Texas in the amount of
$281,478 for the Convention Center Expansion and Rehabilitation for various architectural,
electrical, mechanical, structural and other modifications.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye"; Kelly abstained_
20. ORDINANCE NO. 025784
Ordinance abandoning and vacating a 2,682-square foot portion of a 10-foot wide utility
easement out of Lots 24-25, Block 5, Saxet Heights No. 2 and Lot 1, Saxet Community
Center Annex "A"; requiring the owner, Corpus Christi Independent School District, to
comply with the specified conditions and replat the property within 180 days at owner's
expense.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Cohnenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
21_ ORDINANCE NO. 025785
Amending the Code of Ordinances, Chapter 9, Aviation, Section 9-32, Trespass Upon
Runways, Ramps, Taxiways, etc; providing for criminal penalties; and establishing an
effective date. (First Reading 05/25/04)
The foregoing ordinance was passed and approved on its second reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye";
Noyola abstained.
Mayor Neal opened discussion on Item 3 regarding a supply agreement for lubricating oils,
greases, and antifi'eeze for city vehicles. Mr. John Alford with Arguindegui Oil Company and Mr.
Robert Garcia with Arnold Oil Company spoke against the bid awards for the lubricant portion of
the bid because their companies could provide more cost savings. Director of Maintenance Services
Jim Davis replied that the issue was the interval for oil changes and the type ofoil being used in city
Minutes - Regular Council Meeting
June 8, 2004 - Page 7
vehicles. City Manager Noe added that the Mr. Alford and Mr. Garcia were proposing to achieve
the cost savings primarily by extending the interval between oil changes, and the city was not
comfortable with this proposal. City Secretary Chapa polled the Council for their votes as follows:
3. MOTION NO. 2004-208
Motion approving supply agreements for lubricating oils, greases and antifreeze in
accordance with Bid Invitation No. BI-0051-04, with the following companies for the
following amounts. Awards are based on low bid and low bid meeting specifications for an
estimated annual expenditure of $92,574.48 of which $15,429.08 is budgeted in FY 2003-
2004. The term of the agreement shall be for twelve months with an option to extend for up
to two additional twelve-month periods subject to the approval of the suppliers and the City
Manager or his designee. Funds have been budgeted by using departments in FY 2003-
2004.
Arnold Oil Company, Inc_
Corpus Christi, TX
Groups: 4_0, 5_0, 6.0,
9.0, 11.0 and 13.0
$44,839.20
Oil Patch Petroleum, Inc_
Corpus Christi, TX
Groups: 3.0, 8.0, 10.0
14.0 and 15.0
$28,308
Arguindegui Oil Co. II LTD.
Corpus Christi. TX
Group: 7.0
$8,304
Leyendecker Oil, Inc.
Corpus Christi, TX
Groups: 1.0, 2.0 and 12_0
$11,123.28
Grand Total: $92,574.48
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Noyola, voting "Aye"; Scott voting '~No".
Mayor Neal opened discussion on Item 7 regarding the Northside/Port area infrastructure
improvements project. Mr. Bill Kopecky, 3609 Topeka, expressed his concern that this project was
was supporting the arena and baseball stadium projects, yet was not included in the arena and
baseball stadium project cosB. He said in the future, the voters should be informed of the actual
project costs. City Secretary Chapa polled the Council for their votes as follows:
7.a. MOTION NO. 2004-211
Motion authorizing the City Manager or his designee to execute a Construction Contract
with Jalco, Inc., of Houston, Texas in the amount of $5,355,307.30 for the Northside/Port
Area Infrastructure Improvements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Gm'rea, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
June 8, 2004 - Page 8
7.b. MOTION NO. 2004-212
Motion authorizing the City Manager or his designee to execute Change Order No. I to a
Construction Contract with Jalco, Inc., of Houston, Texas in the amount of $317,479_ 10 for
the Northside/Port Area Infrastructure Improvements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scot't, voting "Aye".
7.c. MOTION NO. 2004-213
Motion authorizing the City Manager or his designee to execute an Inspection Services
Contract with Goldston Engineering, Inc., of Corpus Christi, Texas in an amount not to
exceed $260,000 for the Northside/Port Area Infrastructure Improvements and Resaca Lift
Station and 48" Wastewater Gravity Line projects_
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 13 regarding a change order for the Padre Island
pumping station improvement project. Council Member Scott asked for a report on this project. Mr.
Jon Heckler with Carrollo Engineers stated that this change order was a continuation of the near-
term improvements for water service to Padre Island. He asked Mr. Dan Leyendecker with LNV,
Incorporated to provide more information.
Mr. Leyendecker briefly reviewed the recommended changes to the project, stating that the
Texas Commission on Environmental Quality (TCEQ) was now requiring two pumps for
redundancy purposes. He noted that the current pump station capacity was 1.6 mgd, but the
additional pump would increase the capacity to 12 mgd. He emphasized, however, that the pumps
would only address water pressure needs, not supply capacity, which must still be addressed with
other projects.
Mr. Leyendecker reported that the goal was to have one pump operational by June 30, 2004.
He said the team felt, however, that this goal would not be possible with the current equipment, so
a change order was necessary. Ma-. Leyendecker stated that the construction completion date for
all Padre Island pump station construction was September 15, 2004. He said a temporary pumping
system would be used until the proposed improvements were complete. Council members then
asked a number of questions. City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
June 8, 2004 - Page 9
13.a. ORDINANCE NO. 025781
Ordinance appropriating $1,857,606.51 from unappropriated bond proceeds and
unappropriated interest earnings in Water 1995 Capital Improvement Program Fund No.
4082 for the Padre Island Pumping Plant Improvements project; amending Capital Budget
adopted by Ordinance No. 025647 by increasing appropriations by $1,857,606_51.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
13.b. MOTIONNO. 2004-219
Motion authorizing the City Manager or his designee to execute Change Order No. 6 with
Laughlin-Thyssen, Inc. of Houston, Texas in the amount of $1,816,491.94 for the Padre
Island Pumping Plant Improvement project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 19 regarding the beach festival permit for "C
Sculptures". Council Member Scott asked what measures the city was taking to enforce the anti-
littering ordinance. Mr. Matt Larden, General Manager for C-101 radio station, provided a report
on their station's efforts to encourage attendees not to litter. First, he played an anti-littering
commercial that was running on the air. Then he introduced Mr. Dan Rios, also with C-101, who
reported on a number of other efforts as follows: providing attendees with fi-ee Izash bags and a lxash
station; a trash collection contest; and volunteer teams collecting trash on the Monday and Tuesday
following the event. He also invited the Council to attend a VIP party for the event on Thursday at
8:00 p.m. at the Havana Club. City Secretary Chapa polled the Council for their votes as follows:
19. ORDINANCE NO. 025783
Ordinance authorizing the issuance of a beach festival permit to Clear Channel
Communications, Inc. for "C Sculptures," on the Gulf Beach at Newport Pass County Park.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 22, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Minutes - Regular Council Meeting
June 8, 2004 - Page 10
Case No. 0504-01. Robert D. Dickson, Jr.: A change of zoning from a "R-lB" One-family
Dwelling District to an "I-2" Light Industrial District. The property is in Noakes Partition,
being 4.90 acres out of Tract 4, located on the north side of Up River Road (Interstate
Highway 37), approximately 400 feet west of Violet Road.
City Secretary Chapa said the Planning Commission and staffrecommended the denial of
the "I-2" Light Industrial District, and in lieu thereof, approval ofa "B4" General Business District
with a Special Permit for warehouses and limited outside storage subject to a site plan and four (4)
conditions.
No one appeared in opposition to the zoning change. Mayor Neal asked if the applicant was
in agreement with the Planning Commission and staffs recommendations. Assistant Director of
Development Services Michael Gunning replied affirmatively_ Ms. Cooper made a motion to close
the public hearing, seconded by Mr Scott, and passed. Mr. Chapa polled the Council for their votes
as follows:
22. ORDINANCE NO. 025786
Amending the Zoning Ordinance, upon application by Robert D_ Dickson, Jr., by changing
the zoning map in reference to 4.90 acres out of Tract 4, Noakes Partition fi.om "R-lB" One-
family Dwelling District to "B4" General Business District with a Special Permit for
warehouses and limited outside storage subject to a site plan and four (4) conditions;
amending the Comprehensive Plan to account for any deviations from the existing
Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 23, and a motion was made, seconded and passed to open the
public hearing on the following zoning case:
Case No. 0504-02, Farrell M. Smith: A change of zoning fi.om an "I-2" Light-Industrial
District to an "I-3" Heavy Industrial District. The property is in H. B. Shepard Farm Lots,
being 10 acres out of Lot 9, located along Bronco Road and 3,050 feet north of State
Highway 44.
City Secretary Chapa said the Planning Commission and staff recommended the denial of
the "I-3" Heavy Industrial District, and in lieu thereof, approval of an "I-2" Light-Industrial District
with a Special Permit for an asphalt concrete mixing plant with aboveground fuel tanks and storage,
subject to a site plan and four (4) conditions.
No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close
the public heating, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their
votes as follows:
Minutes - Regular Council Meeting
June 8, 2004 - Page 11
23. ORDINANCE NO. 025787
Amending the Zoning Ordinance, upon application by Farrell M. Smith, by changing the
zoning map in reference to H. B. Shepard Farm Lots, being 10 acres out of Lot 9, (currently
zoned "I-2" Light-Industrial District) by granting a Special Permit for an asphalt concrete
mixing plant with abovegrotmd fuel tanks and storage, subject to a site plan and four (4)
conditions; amending the Comprehensive Plan to account for any deviations fi.om the
existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal referred to Item 24, and a motion was made, seconded and passed to open the
public hearing on the FY 2004-2005 budget adopted by the Crime Control and Prevention District
Board of Directors. There were no comments fi.om the audience. Mr. Noyola made a motion to
close the public hearing, seconded by Mr. Chesney, and passed.
Mr. Kirmison asked if there had been any difficulty keeping city marshal positions filled_
Ms. Manah Boone with the Juvenile Assessment Center replied affu-matively, saying that ~t had
been difficult to fmd individuals who meet their qualifications_ Commander Bryan Smith added that
there was a limited pool of qualified applicants, and there were various agencies vying for
candidates.
Mayor Neal referred to the presentation on the day's agenda, an overview of Flicl~ in the
City, a joint venture between the city, Corpus Christi Focus, an independent organization interested
in the development of downtown, and the Downtown Management District (DMD). Ms_ Kendra
Kinnison with Corpus Christi Focus stated that the purpose of the project was to bring new
audiences to the downtown area to enjoy family entertainment. The entertainment would include
fi'ce outdoor movies projected on the old Ward's building (on the comer of Chaparral and Schatzel
Streets), music by local bands, a children's area, and concessions. Ms. KJnnison stated there were
six events scheduled during the summer, each built around a specific theme_
Ms. Kinnison provided a partial list of sponsors for the events. She also thanked the city,
especially the park and recreation department, and Mr. J.J. Goetsch with the Corpus Christi Hooks,
for their assistance. She also reviewed a diagram of the event layout
Ms. Kinnison reported that the inaugural event was scheduled on June 12, featuring a
baseball theme and movie, music by Tracie Lynn, kids activities, and a raffle for a Nolan Ryan
baseball.
Finally, Ms. Kinnison discussed their marketing efforts_ She said the group was focusing
its efforts on effective marketing through commercials, radio spots, ticket flyers, posters, and
newspaper and visitor guide ads.
Mayor Neal suggested making arrangements for off-site parking because the program had
Minutes - Regular Council Meeting
June 8, 2004 - Page 12
been extremely successful in other cities, and he felt it would also be popular here_ Ms. Kinnison
replied that the group was negotiating with the owners of two adjacent parking garages to provide
parking and, depending on the demand, would also discuss off-site parking with the Regional
Transportation Authority. Mayor Neal spoke in support of the project and thanked Ms_ Kinnison
and h er group for then- efforts. City Manager Noe thanked Assistant City Manager Margie Rose and
the park and recreation staff for their efforts as well.
Mayor Neal opened discussion on Item 26, a architectural and engineering services contract
for a number of airport improvement projects. City Secretary Chapa announced that Council
Member Noyola was abstaining from the vote and discussion on this item. Assistant Director of
Engineering Services Kevin Stowers reported that the city had used a multi-year engineering
contract to take advantage of year-end FAA discretionary funds_ He said the FAA required that the
contract be awarded and the funds encumbered in a short period of time. Thus, he said the time
constraints required the city to have a consultant already under contxact to proceed with such
projects as funding becomes available.
Mr_ Stowers said proposals were received from six teams, which were subsequently
narrowed down to four teams for review by the selection committee. Of the four teams, he said that
Pierce Goodwin Alexander & Linville (PGAL) were ranked as having the best qualifications by the
selection committee.
Mr. Stowers reported that the four initial projects to be bid during FY 2004-2005 were as
follows: Runway 13/31 rehabilitation, blast pads, and shoulders improvements; airfield drainage
improvements, Phase 3; Runway 13 localizer relocation; and CCIA master plan update.
Mayor Neal asked for a status report on the covered parking project. Mr. Stowers answered
that staffwas in the final stages of obtaining the necessary insurance certificate from the insurance
agent. He said there had been a delay, but once the certificate was received, a pre-construction
meeting could be held_ There were no comments fi'om the audience. City Secretary Chapa polled
the Council for their votes as follows:
26. MOTION NO. 2004-224
Motion authorizing the City Manager or his designee to execute an
Architectural/Engineering Services Contract with Pierce, Goodwin, Alexander and Linville
(PGAL), Inc., of Dallas, Texas in an amount not to exceed 5; 1,375,025 for multiple Airport
Improvement Projects including Runway 13/31 Rehabilitation, Overlay, Blast Pads,
Shoulders and Edge Lighting; Airfield Drainage Improvements Phase 3; Runway 13
Localizer Relocation; and the Corpus Christi International Airport Master Plan Update.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, and Scott, voting "Aye"; Kinnison was absent; Noyola
abstained.
Mayor Neal opened discussion on Items 27 and 28 regarding the issuance of Certificates of
Minutes - Regular Council Meeting
June 8, 2004 - Page 13
Obligation for the landfill project. City Manager Noe explained that Item 27 would authorize a sale
of up to $7.5 million in Certificates of Obligation (Cos) to continue with the landfill program,
predominantly for construction at J.C. Elliott landfill and the opening of Cefe Valenzuela landfill.
He said Item 28 would authorize the issuance of $30 million of general improvement refunding
bonds to accomplish savings in interest expense. He asked Mr. JeffLeuschel, bond counsel, to
provide further information. Mr. Leuschel added that Item 27 was a requirement of state law that
the city provide a Notice of Intent to issue the Certificates of Obligation sale schedule three weeks
fi-om today. He said the ordinance was similarly structured to others the Council had approved in
the past.
As an aside, Mayor Neal thanked Mr. Leuschel for his assistance with a legal issue involving
the Texas Military Planning Commission. There were no comments from the audience. City
Secretary Chapa polled the Council for their votes as follows:
27. RESOLUTION NO. 025788
Resolution by the City Council of the City of Corpus Christi, Texas, directing publication
of notice of intention to issue Combination Tax and Revenue Certificates of Obligation,
Series 2004; and resolving other matters relating to the subject.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
28. ORDINANCE NO. 025789
Ordinance providing for the issuance of the General Improvement Refunding Bonds, Series
2004, of the City of Corpus Christi, Texas in an amount not to exceed thirty million dollars
($30,000,000); establishing parameters regarding the sale of the bonds; approving the
execution of a bond purchase contract and an escrow agreement; and all other matters related
thereto; and providing that this ordinance shall be in force and effect fi-om and after the date
of its passage.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and
Scott, voting "Aye".
Mayor Neal deviated fi-om the agenda and opened discussion on Item 31, an update of the
five-year general fund financial forecast and overview of the FY 2004-2005 general fund proposed
budget. City Manager Noe prefaced the presentation by announcing that the proposed garage sale
permit fee was being withdrawn by staffdue to strong opposition. He emphasized that staff's intent
in recommending the fee was not to generate revenues; rather, their intent was to better regulate this
activity in neighborhoods.
Assistant City Manager Mark McDaniel first provided an update of the five-year forecast.
He reviewed the financial forecast assumptions for revenues as follows: property tax revenue: 6%
Minutes - Regular Council Meeting
June 8, 2004 - Page 14
in FY and 3% thereafter; industrial district payments: 3.5% percent in FY 04-05 and 3% thereafter;
and sales tax revenues: 3.5% in FY 04-05 and 3% thereafter. He also briefly mentioned a number
of other revenue sources as follows: new pipeline license agreements; solid waste revenues - rate
increase for new current year debt, and then 0.25% thereafter; and most other revenue growth - 2%.
He noted that any future fee adjustments were not included.
Mr. McDaniel then reviewed the financial forecast assumptions for expenditures. Regarding
salary adjustments, he said the plan now included a modified Year 3 of the compensation plan
implementation in FY 2004-05, reducing the programmed increase from 5% to 3%. He said the
TMRS increase was included for a half year in FY 04-05, and then for a full year thereafter. The
projected sworn personnel salary adjustments for fire and police were programmed in at
approximately 3% per year. In addition, an increase in salary savings was programmed into the
budget, from 4% to 5%. He reported that annual police and fire academies were also included in
the budget, at a cost of $1 million per year for fire and between $300,000 to $400,000 for police.
Finally, he said the budget did not include funding for any new positions. Regarding health
insurance premium expenditures, Mr_ McDaniel stated that the budget included 19%-15%-14%
increases in FY 2004-05, and then a 10% increase per year thereafter_
Mr. McDaniel reviewed a number of additional expenses progrmm-ned in the budget_ With
regard to regular capital items, he said the budget included funding for the following items: patrol
car replacements each year; three fire engines in Year One, and one fire engine per year thereafter;
and one ambulance replacement per year. He stated that additional items now accounted for in the
budget were the detention center costs and the Juvenile Court costs. He noted, however, that there
were a number of items remaining that were unaccounted for in the budget as follows: O&M costs
related to Bond 2004 projects; landfill expansion/development options; and the impact of
Proposition 13.
Mr. McDaniel discussed the updated chart depicting the general fund five-year financial
forecast. He noted that in FY 2004-05, the budget was balanced, but he said the estimated
"adjustment to balance current revenues to current expenditures" amount fluctuated from
approximately $4 million to over $5 million between FY 2005-06 and FY 2007-08. He said the
fluctuations could be attributed primarily to the timing of lease purchases agreements_
Mr. Garrett asked if one police academy per year was sufficient to keep up with attrition.
City Manager Noe and Assistant City Manager McDaniel replied affu-matively. Mr. Noe added that
staff and the Corpus Christi Police Officers Association were also discussing the implementation
of a "direct hire" program to enable the city to fill vacancies more quickly on a short-term basis.
Mr. Garrett emphasized that it was important to keep up with the demand for officers in the short
run because it could become expensive in the outer years.
Mr. McDaniel proceeded with the overview of the FY 2004-05 general fund proposed
budget, beginning with general fund revenues. With regard to property tax revenues, he said that
assuming 6% growth, one cent in property taxes was projected to yield $912,400 in revenues. He
said one additional percent growth over 6% was projected to generate $554,500. He noted that the
current rate cap was $0.6800 cents, and the voters had authorized an additional $0.0194 cents
outside of the cap. Thus, he said there were $0.0552 cents left under the cap.
Minutes - Regular Council Meeting
June 8, 2004 - Page 15
Mr. McDaniel reviewed a graph depicting industrial district values between 1997 and 2004_
He remarked that there had been a certain amount of volatility in this revenue source over the years,
but stafffelt they could control the volatility through the new industrial district agreement. He also
briefly reviewed another graph illustrating the payments in lieu of taxes for the industrial district.
Mr McDaniel referred to a graph depicting the historical collections of sales tax between
1997 and 2005 (projected). He pointed out that the events of9/l I inhibited growth for a number
of years. He also clarified that the graph did not include an $800,000 audit adjustment fi.om the
State Comptroller's office because the rebate was probably for a previous funding year, so it would
skew the numbers.
Mr McDaniel discussed another graph depicting the percent change in collections fi.om year
to year between 1992 and 2005 (projected). He reported that the city's sales tax revenues were doing
well up until 2001, with the exception of 2004, which is estimated to yield 4.2%. He said if that
projection held, then the city would end up $800,000 ahead_ He said staffs projection for 2005 was
3 5%, a conservative estimate but still appropriate due to the volatility of this revenue source.
Regarding franchise fees, Mr. McDaniel reported that staff was projecting $538,090 in
revenues from the new pipeline license agreements in 2005, 75 percent of which would be obtained
from Gulfterra.
With regard to solid waste services revenues, Mr. McDaniel pointed out that the projected
solid waste fee adjustments to residential garbage collection and refuse disposal in 2005 totaled to
$978,545. He remarked that the adjustments were attributable to the additional debt needed for
landfill projects.
Mr. McDaniel reviewed a number of other proposed fee adjustments_ First, he said
$874,447 in public safety fee adjustments were being recommended for the following services: 911
wireline; alarm permits; (new) taxi driver permits; sexually oriented business (SOB) licenses; (new)
haz mat clean up; and fire protection permits. Second, he said $109,832 in park and recreation use
fee adjustments were being recommended for the following programs: latchkey; e-registzation; and
facility rentals. Third, $123,590 in health services fee adjustments were being recommended for
swimming pool and restaurant inspections/permits and animal bite testing. Fourth, $171,492 in
library fee adjustments were being recommended for overdue book charges and non-resident user
fees_ Fifth, he said $165,000 for beach permits was being recommended as well_
Mr. Garrett spoke against the new proposed fee for taxi driver permits. He also asked for
information on the number of false alarms per year, and whether the city was collecting a f'me for
false alarms. Mr. McDaniel replied that he would provide this information later.
Finally, Mr. McDaniel referred to a chart depicting the city's revenues by source. He noted
that ad valorem and sales rexes comprised approximately 51 percent of all revenues. He said the
remaining revenues were user-oriented.
Mr. McDaniel then provided an overview of general fund expenditures. First, he reviewed
a number of budget reductions. Through the use of target budgeting, he said an additional $513,00
in savings fi.om the baseline was achieved. He said only $799,000 out of $6.1 million in restoration
Minutes - Regular Council Meeting
June 8, 2004 - Page 16
requests were funded. In addition, he reported that salary savings were increased to 5% of total base
salaries, which amounted to approximately $500,000 more in programmed savings.
Mr. McDaniel reviewed a number of major expenditure increases. First, he said salary
adjustments comprised a major portion of the increases, totaling $1,534,000 for civilians and
$1,802,446 for sworn personnel. Benefit adjustments for health insurance and retirement accounted
for $1,199,630 and $669,465, respectively. Mr. Kinnison pointed out that the increases in salary
adjustments for civilians and sworn personnel alone were not covered by the projected revenue
increases in the five-year budget. City Manager Noe agreed, saying that the increased cost of
personnel was driving the city's funding.
Mr. McDaniel reported that new programs/enhancements comprised $798,725 of the
expenditure increases as follows: new detention center - $421,193; Juvenile Court restoration -
$266,068; additional legislative costs - $35,000; ADA compliance program - $18,326; beach
maintenance - $25,897; and three new fire apparatus - $32,241.
In summary, Mr. McDaniel stated that total increases in the general fund amounted to $7.96
million, over $5 million of which was comprised of salaries. He said the major increases described
previously totaled $7.58 million, comprised of the following items: salary adjustments - $3,336,446;
benefit adjustments - $1,869,095; new/enhanced/restored programs - $798,725; increase in
ambulance fund subsidy - $946,328; increase in senior community services transfer o $173,791; and
new landfill debt service - $458,259. He said the approximately $300,000 difference was comprised
of small increases for electricity, supplies, and the like. He remarked that this indicated the budget
was relatively tight.
Mr. McDaniel reviewed a graph depicting the growth in the unreserved fund balance
between 1995 and 2004 (projected). He said staff believed the city would hit the 10 percent mark
of its goal for the general fund balance this fiscal year.
Mr. McDaniel discussed the balance of the schedule for the budget process. He noted that
staffwas requesting to change the public hearing date to June 29, and then first and second readings
to July 13 and July 20 respectively. He said this would give staff the opportunity to complete the
necessary accounting between July 20 and August 1 to have the budget ready.
The Council then asked a number of questions. Mr. Scott spoke in support of Mr. Kinnison's
previous suggestion to provide some tax relief to the citizens if property taxes do come in higher
than projections. Mr. Noyola spoke in support of staffs decision to withdraw the proposed garage
sale permit.
Mr. Kinnison asked staff to explain the increase in the ambulance fund. Mr. McDaniel
explained that the bulk of the increase was attributable to drag-up pay and rising expenses. City
Manager Noe replied that the city was planning to have an outside review of ambulance services to
obtain recommendations on how to generate more revenues. Mr. Kiunison also asked about the
proposed detention facility, asking if the budgeted amount was consistent with the city's last offer
to the county. City Manager Noe replied that $1.1 million was budgeted.
Minutes - Regular Council Meeting
June 8, 2004 - Page 17
Mayor Neal called for petitions from the audience. Mr. Lauro Gutierrez, 4833 Alice Street,
presented a neighborhood petition in opposition to Treks Roadhouse, citing problems with excessive
noise. Mr. Bill Kopecky, 3609 Topeka, presented a petition in favor of Proposition 13. Mr.
Sirfrederickvonusa King spoke regarding the passing of former President Ronald Reagan and an
alleged document from the Labor Department. Mr. Abel Alonzo spoke against the Council's
appointments to the Corpus Christi Regional Transportation Authority Board of Directors. Mr. Phil
Rosenstein spoke in favor of staffs decision to withdraw the proposed garage sale permit, and he
asked for improved communication between staff and the Council. Mr. Jack Gordy, 4118 Bray,
spoke regarding Proposition 13. Mr. Rolando Ga~a, 2854 Alvin Drive, questioned a number of
expenditures and reductions in the proposed FY 2004-05 budget. Mr. Carlos Torres, President of
the Corpus Christi Firefighters Association at 6014 Ayers, provided a final report on the MDA "Fill
the Boot" campaign.
Mayor Neal called for a brief recess to present proclamations.
29.
30.
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 City's
proposed Detention and Magistration Center with possible discussion and action related
thereto in open session.
Executive session under Texas Government Code Section 551.071 regarding Hector
Villarreal, Corpus Christi Association of City Employees, and Stan Wilt v. City of Corpus
Christi and Loyd Neal; Cause No. 02-0868-E; 214a' Judicial District court, Nueces County,
Texas, with possible discussion and action related thereto in open session.
The Council went into executive session_
The Council returned fi.om executive session, and Mayor Pro Tem Kinnison called for the
City Manager's report. City Manager Noe reported that the Charter Revision Commission was
holding a public hearing on their proposed amendments this evening at 6:00 p.m. in the Council
Chambers. Tomorrow evening at 6:00 p.m., Mr Noe reported that a progress report would be
provided on the latest N1P area The Planning Commission would hold a public hearing on the
Padre Island overlay zoning district at 6:00 p.m. on June 10 at the Island Presbyterian Church. He
announced that a Cash for Trash event would take place this Saturday fi-om 9:00 a.m. to 3:00 p.m.
at the Elliott landfill. Finally, he said the following items were scheduled for the June 15 agenda:
consideration of the petition on Proposition 13; and continuation of the budget discussion.
Mayor Pro Tem Kiunison called for Council concerns and reports. Ms. Cooper announced
that the next town hall meeting would be held on July 12 at Montclair Elementary. She also
encouraged everyone to attend the Municipal Band concerts held at 8:30 p.m. on Sunday nights_
Mr. Kelly asked staff to provide the Council with a copy of the open container ordinance.
Minutes - Regular Council Meeting
June 8, 2004 - Page 18
He said retailers in the Leopard Street area had suggested that the city revise the ordinance in
response to problems with homeless individuals in the area_
There being no further business to come before the Council, Mayor Pro Tem Kinmson
adjourned the Council meeting at 1:22 p.m. on June 8, 2004.
2
NO ATTACHMENT FOR THIS ITEM
3
a. SISTER CITY COMMITTEE - Four (4) vacancies with terms to 9-04, 9-05, and 9-06.
NOTE: Since the term will expire shortly for members appointed to 9-04, it is recommended
that Council automatically reappoint the new members to a three-year term ending 9-07.
DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to
advise and consult with and assist the Mayor, the City Council, the City Manager and all other City
agencies, boards and officials in accomplishing the purposes of the Sister City program_
COMPOSITION: It shall consist of a Steering Committee of twenty-one members and various
subcommittees, members who shall be broadly representative of the racial, religions and ethnic groups
in the community. The members shall be appointed by the City Council and shall serve three-year terms
or until their successors are appointed and qualified. The Steering Committee shall be responsible for
the overall administration and implementation of the City's Sister City program. There shah be a
subcommittee for each sister city authorized by Resolution of the City Council Members of each such
subcommittee shall be appointed by the Steering Committee plus members fi.om the commtmity at large
as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be
responsible, under the direction of the Steering Committee, for primary study, liaison and
recommendations for each sister city. The offices of the committee shall consist ora General Chairman,
V-Chairman for each of the Sister City subcommittees established in accordance with Sec. 2-152. The
Chairman and each vice-chairman shall be elected by maiority vote of the sister cit3, committee
annually. If the General Chairman is absent, a vice-chairman shall be elected fi-om the committee to
serve as General Chairman during his/her absence.
ORIGINAL
MEMBERS TERM APPTD. DATE
Randy Farrar, Chairman 9-04 6-11-02
Sue Dulaney 9-04 9-8-98
Yalee Shih 9-05 10-21-97
*Edna Balboa 9-04 9-11-01
Mufid A. Abudiab 9-05 10-10-00
Ellen Murry 9-05 4-16-02
**Valerie Vargas Ballesteros 9-05 9-09-02
Gary Hansen 9-04 9-10-96
Regis Barber 9-04 12-10-02
**Dr. Kent Byus 9-04 6-10-03
Ann Jaime 9-05 6-13-00
Rose Gunji 9-04 9-09-97
Hsiu "Mindy" Chang 9-04 1 0-14-03
Amanda Jane Haney 9-04 10-14-03
Connie Munoz 9- 05 4-13 -04
Judy Benkendorfer 9-06 10-1 0-00
**Drue Combs 9-06 9-23-03
EliTabeth R. Iglesias 9-06 4-22-03
John Rocha 9-06 9-23-03
Mary H. "Bebe" Moms 9-06 9-09-02
Sharon L. Phillips 9-06 9-09-02
*Has exceeded the number of absences allowed by ordinance
**Resigned
(Note: The Sister City Committee is recommending the appointments of Westi Horn, Kelly Smith,
Rebecca Hawn and Flicka Rahn.)
INDIVIDUALS EXPRESSING INTEREST
Aaron Cooley
Executive Director, The Center for One America.
Received a B.A. in Anthropology and M.A_ in
Education from the University of North Carolina.
Professional memberships include: American
Educational Research Association, Comparartive
and International Education Society, Popular
Cultttre Association and Philosophy of Education
Society. Extensively traveled through Central
America and Europe. 048-04)
Rebecca Hawn
Graduate of Texas A & M University - Corpus
Christi. Activities include: American Diabetes
Association, Hispanic Women's Network of Texas,
The Saltwater Enhancement Association and The
Billfish Foundation. Participated in a total
immersion program in Quebec, Canada (5-11-04)
Westi Horn
Received a B A. fi-om Texas A & M University.
Interested in Sister City program and involvement
with other countxies. (4-20-04)
Peter Kuntu-Mensah
Assistant Professor of Computer & Math Sciences,
Texas A&M University42orpus Christi. Ph.D.
fi-om University of Maine; M.S. from Ohio State
University. Member of the Texas Society of
Professional Surveyors and the American Society of
Photogram. (12-04-02)
Legal Assistant and local Disc Jockey. Currently
the Marketing Director of the South Texas Heart
Association. (3-15-04)
Flicka Rahn
Assistant Professor of Music, Texas A & M
University - Corpus Christi. Received B.A. from
Washington University, M_A. from Southwest
Texas State University and M.S. at Texas A & I
University-Kingsville. Activities include: Classical
Vocal Soloist, Jason Armstrong Singers, music
director for Harbor Playhouse. Traveled for cultural
exchange as recitalist and teacher in Hung Kong,
Mexico and Central and South America. (3-11-04)
Kelly Smith
CSRI, Labor Ready_ Participated in Sister City
pmgxam in Yokosuka, Japan while attending high
school. (9-24-03)
Elaine A. Y¢ll~n
Assistant Professor of Nursing, Texas A&M University -
Corpus Christi. Ph.D. in Nursing_ Active volunteer with
St. Bartholomew's Church_ Member of Texas Nurses
Association- local chapter. (5-28-04)
4
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDAITEM:
FinalRepoffofthe Cha~erRevisionCommission
STAFFPRESENTER(S):
Name
1. George K. Noe
Title/Position
City Manager
Orclanization
City of Corpus Christi
OUTSIDE PRESENTER(S):
Name
1. John Bell
2. Irma Caballero
Co-Chair
Co-Chair
TitlelPosltion Or~anization
Charter Revision Commission
Charter Revision Commission
ISSUE: Presentation of ten (10) recommended City Charter Amendments.
REQUIRED COUNCILACTION:
None at this time
~City Manager
Additional Background
Exhibits
FINAL REPORT
CHARTER REVISION COMMISSION
2003-04
Irm/~ Caballero, Co-Chair
Pauline Clarke
Hector Del Toro
Crystal Lyons
5 >yo:¢X
Ed Sarape
Veronica Trevino
Members
Daniel Dain
Dana Ewin[
Xavier Perez
Dr. Keith./~ose
William TinneyJ
Carole Wilkinson~~k~ck'j
LIST OF RECOMMENDED CITY CHARTER AMENDMENTS
The following Charter amendments are being recommended by the Charter Revision
Commission. The Commission began meeting in October 2003 and undertook a comprehensive
review of the City Charter beginning with Article 1. Public input was received at each meeting of
the Commission, and various reports and information were obtained from City staff and from
surveys of other communities.
The Commission developed a Preliminary Report including 9 recommended Propositions
as well as an additional 10th Proposition concerning the timing of City Council elections to be
considered for public comment. Notices of the public hearing of the Commission were posted
and distributed throughout the City via advertisements in the newspaper and public service
announcements in local media. The Commission received public comment on the Charter and
the recommendations of the Preliminary Report at a public hearing on Tuesday, June 8, 2004,
beginning at 6:00 p.m. in the City Hall, 1201 Leopard Street, Corpus Ckristi, Texas 78401. The
Commission also solicited comments in written form.
Following public comment on each Proposition, the Cormmission discussed the
Propositions and took final votes. Propositions 1, 2, 3, 4, 6, 8 and 9 received unanimous
approval from members of the Commission Proposition 5 (political activity by City employees),
Proposition 7 (elimination of the 68-cent tax cap), and Proposition 10 (November City election
date) were approved by a majority vote.
Each of the Propositions listed below are recommended for submission to the voters at
the next general election.
Propos#ion 1. Updating the provisions concerning initiative and referendum in order to
comply with new laws and election procedures.
Propos#ion 2. Updating the provisions concerning city council elections, council meetings,
and the mayor's veto power and recall elections in order to conform the procedures to new
State laws and city council meeting dates.
Proposition 3. Increasing the compensation of city council members to $12,000 per year
and of the mayor to $18,000 per year, to be effective after the next city council elections.
Proposition 4. Updating the provisions concerning the approval of budgets and the
expenditure of City funds in order to comply with new laws, court decisions and
accounting practices.
Proposition 5. Allowing city employees, other than managerial employees and employees in
the city secretary's office, to participate in political activities; provided that, no political
activities may be conducted while in uniform, on duty, or using city resources, and no
coercion or retaliation is allowed.
Proposition 6. Simplifying the existing restrictions concerning City officials and employees
running for other public office in order to make the current provisions easier to follow,
without making any substantive changes in the restrictions.
Propos#ion 7. Changing the property tax cap to conform to the tax cap set by the Texas
Constitution.
Proposition 8. Allowing certain leases for the construction of boat slips and docking
facilities to be for terms not more than 15 years without the necessity of an election,
simplifying the procedures concerning short-term leases less than 5 years, transfers of
leases, regulation of leases and approval of oil and gas leases, and updating other
provisions to current State law and court decisions.
Proposition 9. Updating the provisions concerning general powers of the City in order to
conform to new State laws and procedures.
Proposition 10. Changing the date of the regular city council election from the first
Saturday in April to the November uniform election date in order to conduct city council
elections at the same time as elections for federal and state elected officials.
FINAL REPORT
OF EACH CHARTER PROPOSITION
Proposition 1. Updating the provisions concerning initiative and referendum in order to
comply with new laws and election procedures.
Summary
The initiative and referendum provisions were first added to the Charter in 1985.
Practical experiences with the provision since that time coupled with changes in State election
laws and procedures have resulted in the recommendation to make several changes updating the
procedures:
(1)
An individual petitioner should be designated as the contact person for all
communications from the city secretary and the city attorney concerning initiative
or referendum proceedings.
(2)
The deadline for submitting a statement commencing referendum proceedings was
not clear and should be set at ten (10) days following the adoption of an ordinance
by the city council. (After that point, any proceedings would be considered as
initiative proceedings.)
(3)
The procedures on providing supplemental petition pages in the case of an initiative
or referendum should be clarified in order to require the city secretary to notify the
designated contact person of any deficiencies and allow ten (10) days for the
supplementation of petition pages.
These changes are designed to provide more direct communications between the
petitioners and city officials, allow set timelines for the submission of documents and the
supplementation of petitions that are determined to be insufficient. By making the procedures
more clear and detailed, the Commission hopes that future controversy can be kept to a
minimum.
Actual Text of Amendment
Article I, Home Rule Government, Section 4, Initiative and Referendum
(c) Any fifty registered voters may commence initiative proceedings and any five
registered voters may commence referendum proceedings by filing with the city secretary
a statement that they intend to circulate petitions calling for an initiative or referendum.
The statement shall include the following:
(1) The names and addresses of the registered voters commencing the
proceedings;
(2) The full text of the ordinance being proposed by initiative or the full text of the
ordinance to be reconsidered by referendum; and
(3) The name and address of the rel~istered voter who is designated to receive all
communications from the city secretary and city attorney under this section.
(d) In the case of an initiative, the city attorney shall draft an ordinance in
legal form, consistent with the laws of the state and the United States, incorporating in
substance the text submitted. The city council shall present the initiative or the request for
referendum to the city council at its next regular meeting. Forty-five days from the date of
presentment shall be allotted to the city council to consider the adoption of such
ordinance by initiative. In the case of referendum, the statement commencin~ the
referendum proceedings must be filed no later than the tenth day after the city council
adopts the ordinance and the city council shall have until the adjournment of the next
regular city council meeting followin~ receipt of the statement to reconsider such
ordinance.
(c) In the event the council fails to take the proposed action within the time
allotted, the city secretary shall furnish to the proponents petition pages for circulation
among the registered voters of the city. Each petition page shall contain the following:
(1) A summary not to exceed one hundred words stating in substance the
initiative or referendum measure to be considered by the voters and the notation that the
full text of the ordinance is available for inspection at the office of the city secretary;
(2) The printed name, address and registration number of each voter signing
the petition;
(3) The signature of each signer in ink and the date of signing; and
(4) The date of issuance of the petition by the city secretary and, in the case of
a referendum petition, the names and addresses of the five persons who initiaIed the
procedure.
(f) All petition pages comprising an initiative or referendum petition shall be
assembled and filed with the city secretary as one instrument within ninety days from the
date of issuance of the forms for such purposes by the city secretary. Within twenty days,
the city secretary shall determine whether the same is signed by at least five percent of the
registered voters of the city. The procedures for filing supplementary petition pages with
the city secretary for recall petitions shall also apply to initiative and referendum
~If the certificate of the city secretary shows the initiative or referendum petition
to have total siRnatures of registered voters in number thai is less than the required five
percent, the city secretary shall notify the person filin~ the petition, and it may be
2
supplemented within ten days fi.om the date of the city secretary's notice by filing
supplementary petition pages as provided by the city secretary bearine sienatures of other
reeistered voters. Within ten days after such supplementary paces are filed, the city
secretary shall aeain examine the original ~etition, as supplemented, and shall certify the
results thereof to the council at its next regular meetine.
Proposition 2. Updating the provisions concerning city council elections, council meetings,
and the mayor's veto power and recall elections in order to conform the procedures to new
State laws and city council meeting dates.
Summary
Numerous changes in State laws and city council meeting procedures necessitate an
update to the provisions in Article II concerning the city council. The proposed changes are as
follows:
(1)
The provision making the elections in April 1993 the effective date for term
limitations is no longer required for the purpose of making any calculations
concerning council member terms now or in the future, so it can be deleted as being
moot.
(2)
Changes in the Texas Election Code concerning provisional ballots, the timetable
for conducting the official canvass and conducting run-off elections require that
mn-off elections no longer may be held two weeks after the regular election. The
city council will be required to set a date for the run-offelection in order to comply
with the requirements of the Election Code (currently not less than 20 nor more
than 45 days after the official canvass) and the availability of voting machines.
The election schedule must be established by the city council at least three months
prior to the regular election.
(3)
Due to the fact that two or more weeks may elapse between regular meetings of the
city council, the mayor's veto power should be clarified to require that any veto of
an ordinance be made within seven days of adoption of the ordinance.
(4)
Due to State and local conflict of interest regulations, the provisions requiring
adoption of ordinances and resolutions by a majority vote have been clarified to
require the majority vote of all council members holding office except those who
are disqualified from voting on a particular matter under State or local law.
(5)
The recall election provisions of the Charter are clarified to note the requirement
under the Texas Election Code that all signatures on the recall petitions be obtained
within 180 days of submission of the petitions and that the recall election will be
conducted on the next uniform election date as required by the state law.
The Commission believes that the above amendments will conform the Charter to the
requirements of State law and provide clearer guidance to the City and its citizens concerning
procedures affecting the election of the city council, the conduct of its meetings and any potential
recall initiatives.
Actual Text of Amendment
Article II, City Council, Section 1, Membership and Term
(a) The city council shall consist of eight council members and a mayor Five
council members shall be elected by majority vote from single member districts, each
member being a resident of his or her respective district and each district having as near
as practical the same population; three council members shall be elected at large by
plurality vote with winners required to gain at least twelve percent of the total votes cast
for all candidates for all at large council member positions; and the mayor shall be elected
at large by majority vote. The city council shall by ordinance equalize the single member
districts as required by law; provided, however, no such ordinance shall be enacted less
than ninety days before a regular election.
(b) The mayor and members of the city council shall be elected for terms of two
years and shall hold office until their respective successors have been elected and
qualified. The regular election shall be held in odd-numbered years on the first Saturday
in April unless the city council designates an alternative Saturday in April or the next
available uniform election date allowed by state law at least six three months prior to the
regular election.
(c) All council members shall take office at the first council meeting after the
votes are canvassed from the regular election; provided, however, that in the event a mn-
off election is required, all council members shall take office at the first council meeting
after the votes are canvassed from the run-off election.
(d) No person shall serve more than four two-year terms consecutively as a
council member, or four two-year terms consecutively as mayor, or six two-year terms
consecutively in any combination of such offices. A person who has reached the
limitation on terms provided in this section shall be eligible for election or appointment to
the city council after not serving on the city council for one full term of office, rw~.:~
provision shall take effect beginning with the terms of office commencing in April 1993.
Terms of office served prior to such date shall not count toward this limitation.]
Article II, City Council, Section 3, Runoff elections
(a) If no candidate for mayor receives a majority of all votes cast for such
office at any regular or special election, there shall be held on the second Saturday
following any such election a mn-off election at which the two candidates receiving the
highest number of votes in the regular or special election shall stand for election.
4
(b) If no candidate for city council from a given single member district
receives a majority of all votes cast for such office at any regular or special election, there
shall be held on the seeond Saturday following any such election a ran-off election at
which the two candidates receiving the highest number of votes in the regular or special
election shall stand for election.
(c) If fewer than three candidates for at large city council positions receive a
plurality of at least twelve percent each of the total votes cast for all at large city council
candidates, there shall be held on the second Saturday following any sueh eleetion a mn-
off election at which:
(1) If no candidate received at least twelve percent of the total votes cast for
all candidates for the at large positions in the regular or special election, the four
candidates receiving the highest number of votes shall stand for election;
(2) If only one candidate received at least twelve percent of the total votes cast
for all candidates for at large positions in the regular or special election, the next tkree
candidates receiving the highest number of votes shall stand for election; or
(3) If two candidates received at least twelve percent of the total votes cast for
all candidates for at large positions in the regular or special election, the next two
candidates receiving the highest number of votes shall stand for election. The winners in
any such mn-off election for at-large positions shall be determined by a plurality vote.
(d) The mn-off election shall be held on a Saturday followinlz the official canvass
set by the city council at least tkree months prior to the regular election allowin~
sufficient time to comply with the requirements of the Texas Election Code.
Article 1I, City Council, Section 6, Mayor's veto power and general powers
(a) Every ordinance, resolution or motion passed by the council shall, before it
takes effect, be presented to the mayor for his or her approval and signature. If he or she
approves it, he or she shall sign, but if he or she disapproves it he or she shall state his or
her objections thereto in writing and return it to the next regular meeting of the council
within seven days after presentation with his or her veto. If he or she does not return it
with such disapproval nor sign it, such motion, ordinance or resolution shall, upon the
expiration of the time for its return to the council, be in effect and force as if he or she
had approved it.
(b) In case of veto of any ordinance, resolution or motion by the mayor, the
council may pass same over his or her veto by the affirmative vote of a majority of the
council. If the mayor's veto is sustained, the matter shall not come before the council
again within six months without the previous written consent of the mayor. The mayor
may veto all or any item of any ordinance making appropriations but the veto shall extend
only to the item disapproved. Those items which he or she approves shall become
5
effective, but those disapproved shall not become effective unless passed over his or her
veto as herein specified.
(c) The mayor shall have the power to administer oaths and exercise such
other powers, prerogatives and authority as are conferred on him or her by this charter and
state and federal law.
Article II, City Council, Section 14(e), Meetings of the Council
(e) The ayes and nays shall be taken upon the passage of all ordinances or
resolutions and entered in the minutes. Every ordinance or resolution shall require on its
final passage, the affirmative vote of a majority of all council members holding office,
except those council members who are disqualified from votin~ under State law or City
ordinance.
Article II, City Council, Section 20, Filing, Examination And Certification of Petition
All petition pages comprising a recall petition shall be assembled and filed with the city
secretory as one instrument. All petition signatures must be made within one htmdred
eighty (180) days from the date the petition is filed. Within twenty days after a recall
petition is so filed, the city secretary shall determine whether the same is signed by the
required ten percent of the registered voters. The city secretary shall declare void any
petition page which does not have an affidavit as required in the preceding section. If the
certificate of the city secretary shall show the recall petition to have total signatures of
registered voters in number less than the required ten percent, the city secretary shall
notify the person filing the petition, and it may be supplemented within ten days from the
date of such notice by filing supplementary petition pages beating signatures of other
registered voters. Within ten days after such supplementary pages are filed, the city
secretary shall again examine the original petition, as supplemented, and shall certify the
results thereof to the council at its next regular meeting, stating the number of signatures
certified. If the petition, as supplemented, is found to have total signatures of registered
voters in number less that the required ten percent, the city secretary shall return the
petition, as supplemented, to the person filing the same, without prejudice to the filing of
a new petition for the same purpose.
Article II, City Council, Section 21, Recall Election
Whenever a recall petition is certified by the city secretary to have the signatures of the
required ten percent of registered voters and the council member whose removal is sought
does not resign within five days after such certification to the council, the council shall
forthwith order and hold a recall election within not leaa than thirty, nor more than sixty
days from certification at the next available election date under Texas law. In the event at
any one time there is before the council more than one recall petition certified by the city
secretary as to which the council is then obligated to order a recall election, the council
shall order and hold, one the same date, recall elections on all such petitions so certified.
Proposition 3. Increasing the compensation of ciOy council members to $12,000 per year
and of the mayor to $18,000 per year, to be effective after the next city council elections.
Summary
In 1975, the voters approved a Charter amendment increasing city council compensation
from $50 per meeting to $100 per meeting subject to a $6,000 annual limit, with the mayor
receiving an additional $3,000 stipend. In 1985 as part of an overall reorganization and
simplification of the Charter, the voters approved an amendment setting the council members'
compensation at a fiat level of $6,000 and the mayor's compensation at $9,000. As a result, the
economic benefit of serving on the city council has been held at the same basic level since 1975.
~he sum of $6,000 in 1975 translated into dollars in 2004, given the increases due to
changes in the Consumer Price Index, would result in city council members' compensation being
$20,478 and the mayor's compensation being increased to $30,717. Increasing salaries to those
levels would not in any way be considered a "raise" but would just be compensating public
officials at the same level they received in 1975.
The Commission believes that the mayor and council members should receive a basic
level of compensation that would help allow a broader range of Corpus Christi citizens to serve.
By keeping the salaries artificially low, only those persons who are wealthy or have independent
means of support would be able to serve.
In contrast, though, council-manager form of goverranent does not require a full-time
effort by the mayor and members of the city council since the city manager and professional staff
are required to administer the City's policies and programs. As a result, city council
compensation does not to be established at a level that would place these decision-makers at
"full-time" salaries.
The Commission unanimously voted to increase the level of compensation to $12,000 per
year for city council members and $18,000 per year for the mayor. These salary levels are
substantially less than comparable salaries set in 1975, but the Commission believes that they are
appropriate under the current circumstances.
The new salaries would not go into effect until after the next city council election in 2005.
Of course, any council member may decline the increase in salary if he or she so chooses.
Actual Text of Amendment
Article 1I, City Council, Section 7, Compensation
(a) Each member of the city council, with the exception of the mayor, shall
receive as compensation the sum of twelve six thousand dollars ($612,000.00) during
each year of service on the council, such sum to be paid in equal installments throughout
the year
7
(b) The mayor shall receive as compensation the sum of eighteen n:~nc
thousand dollars ($189,000.00) during each year of service on the council, such sum to be
paid in equal installments throughout the year.
(c) The amendments to this section shall become effective immediately after
the election and qualification for office of the first city council following its adoption.
Proposition 4. Updating the provisions concerning the approval of budgets and the
expenditure of City funds in order to comply with new laws, court decisions and current
accounting practices.
Summary
Article IV of the Charter contains the provisions governing the establishment of budgets
and approval of expenditures. Due to a variety of changes affecting municipal finance, the City
is able to more effectively manage cash-flow to meet expenditure needs particularly in the area of
capital improvements financed with bonds. The provisions of the Charter need to be updated in
order reflect the ability of the City to rely upon authorized but not yet issued bonds for the
payment of contractual obligations and other sources of funds. The City should not be required
to borrow funds sooner than is necessary to meet current funding obligations, nor should it be
limited to short-term or multiple contracts on major projects in order to limit the funding
obligations.
The proposed amendments clarify that the budgeting process and expenditure process
may take into consideration funding from all available sources, including authorized but unissued
bonds and similar sources of revenues. The formal process for obtaining certification of funds
only would apply to contractual expenditures requiring approval by the city council.
The amendment also eliminates a provision in Article IV, Section 3 prohibiting transfers
between City funds which the courts have ruled to be invalid. The Commission believes that this
provision should be deleted from the Charter in order to eliminate any confusion as to what legal
standard the City must follow.
Actual Text of Amendment
Article IV, Administration, Section 2(c), Budget Content
(c) Expenditures in the proposed budget will not exceed estimated revenues
and funds available from all sources.
Article IV, Administration, Section 3, Interdepartmental Transfer of Funds
Upon written recommendation of the city manager, the city council may at any
time transfer the unencumbered balance of an appropriation made for the use of one
8
department, division or purpose, to any other department, division or pu.rpose;-pmvide&,
however, no such transfer shall be made of revenues or earnings of any municipally
owned utility, such as thc water, ga~ or sewerage department, to any other department or
to any other purpose, with the exception of any utility required debt service.
Article IV, Administration, Section 7, Funds in Treasury
No contract, agreement or other obligation involving the an expenditure of money
requirin~ approval by the City Council shall be entered into, nor shall any ordinance,
resolution or order for the expenditure of money be passed by the council or be
authorized by any officer of the city, except in the case hereinafter specified, unless the
director of finance first certifies to the council, or to the proper officer, as the case may
be, that the money required for such contract, agreement, obligation or expenditure is in
the treasury to the credit of the fund from which it is to be drawn and not appropriated for
any other purpose, which certificate shall be fined and immediately recorded. The sum so
certified shall not thereafter be considered unappropriated until the city is discharged
from the contract, agreement or obligation.
Article IV, Administration, Section 8, Money Deemed in Treasury
The followin~ funds shall be considered moneys in the treasury:
(a) All moneys actually in the treasury to the credit of the fund from which they are to
be dra~vn, and
all moneys applicable to the payment of the obligation or appropriation involved that
are anticipated to come in the treasury before the maturity of such contract,
agreement or obligation, from taxes= ~ assessments, fees, fines, charRes, revenues,
or from sales of service product, or by products, or from any city undertaking, ~
c-havges, accounts and bills receivable, or other credits in process of collection,
and all moneys applicable to the payment of such obligation or appropriation, which
are to be paid into the city treasury prior to the maturity of such contract, am'eement
or obligation, and
and all moneys applicable to the l~ayment of the obligation or appropriation involved
that are anticivated to come into the treasury before the maturity of such contract,
agreement or obligation, from moneys to be received from bonds, notes or other
obligations the city is lawfully authorized under state law or this charter to issue, and
which the city has authorized to be issued at one time or from time to time, and
which are to be delivered and payment therefore received before the maturity of such
contract, a~reement or obligation, before the maturity of such contract am'eement, or
obligation, thereof, arising form the sale or lease of lands or other property, and
moneys to bo derived from lawfully authorized bonds sold and in the process of
delivery, shall, for the purpose of such certificate, be deemed in the treasury to tho
credit of the appropriate fund and subject to such certification.
9
Proposition 5. Allowing city employees, other than managerial employees and employees in
the city secretary's office, to participate in political activities; provided that, no political
activities may be conducted while in uniform, on duty, or using city resources, and no
coercion or retaliation is allowed.
Summary
The current provisions in the Charter prohibit City employees from participating in
political activity on City-related issues except to provide factual information at the direction of
the city manager, to express their own opinions privately and to cast their votes. These
prohibitions were considered an unfair restriction on the civil rights of a large number of Corpus
Christi residents who typically would have a keen interest in City elections. With the easing of
similar restrictions in the Hatch Act governing federal employees and the absence of similar
restrictions affecting the employees of any other local governments, a majority of members of the
Commission beheved that City employees should be afforded the opportunity to participate in
City elections subject to certain limitations.
Members of the managerial group and employees in the City Secretary's Office would
still be prohibited from participating in political activities in City elections. 13ae City Secretary's
Office conducts City elections, and members of the Charter Revision Commission believed that
participation would create a potential conflict of interest and possibly undermine public
confidence in thc election process. Members of the managerial group will continue to be
prohibited from engaging in political activity in order to avoid potential conflicts with members
of the city council on public policy and to avoid any potential for coercion or retaliation
concerning other employees.
Any form of coercion or retaliation against City employees for engaging in protected
political activities will not be allowed. Nmnerous laws and constitutional safeguards already
prohibit coercion or retaliation, but the members of the Commission wanted to include such a
prohibition in the Charter as part of this amendment.
The amendment also clarifies the prohibition that no political activities may be conducted
while employees are in uniform, on duty or using City resources. Using City resources for
political activities generally would be prohibited by provisions of the Texas Election Code;
however, the Commission wanted to make this prohibition clear in the Charter itself.
Actual Tort of Amendment
Article VII, Employment Regulations, Section 4, Participation in Political Activity
With the exception of members of council, no employee or officer of the city shall
in any way participate in polincal activity of any nature while on duty, in uniform or
eity property usin~ city resources. With the exception of members of the managerial
grou¢ and emvloyees of the city secretary's office, officers and employees of the city may
10
participate in r~olitical activity; provided that, no coercion or retaliation concern[ne
political activity shall be allowed. ~vv~.~-,:~ ..v~^ No members of the managerial group or
employees of the city secretary's officeor officem of tho city shall at any time take part in
any political activity on city_--related issues except to provide factual information at the
direction of the city manager, to express their own opinions privately, and to cast their
votes.
Proposition 6. Simplifying the existing restrictions concerning City officials and employees
running for other public office in order to make the current provisions easier to follow,
without making any substantive changes in the restrictions.
Summary
Historically, the City Charter has included requirements that members of the city council
and other city officials must resign their city positions if they seek other public office, Conflicts
have occurred, and a number of amendments have been adopted over the years eliminating most
"resign-to-run" restrictions affecting City officials. Due to multiple amendments creating
exceptions and subsequent exceptions to the prior exceptions, the language in the Charter has
become confusing and difficult to follow,
The proposed amendment is not a substantive change to the existing provisions of the
City Charter, but it rewords the existing provisions in order to make the current restrictions more
clear and easier to follow.
Actual Text of Amendment
Article VII, Employment Regulations, Section 5, Officers and Employees, Candidacies
(a) A member of the city council may file as a candidate for nomination or
election to any public office, including a position under this charter. Upon the election or
appointment to a non-City public office, such council member shall forfeit his or her
office as a member of the council.
(b) A member of a city board, commission or committee may file as a
candidate for nomination or election to any non-city public office. Upon the election or
appointment to a non-City public office or upon the filina as a candidate for any position
under this charter, such board, commission or committee member shall forfeit his or her
position.
(c) A city employee may file as candidates for nomination or election to any
non-city public office and may serve in such position if elected or appointed, so lona as
such activities do not interfere with his or her city employment contrary to ordinances and
administrative regulations. If any city employee shall file as a candidate for nomination
or election to a ~osition under this charter, such employee shall forfeit his or her
employment with the city
11
Except as provided in this charter, no person elected to any office of the city shell,
during the term for which he or she waa elected, be appointed to any other office or
position in the service of the city. If any officer or employee of the city shall file aa a
candidate for nomination or election to any public office, he or she shall forfeit his or her
office or employment, provided that a member of the council may file as a candidate for
election to a position under this charter. Provided, further, that a member of the council or
a member of a city board, commission or committee may file as a candidate for
nomination or election to an)' noncity public office, but such person shall forfeit his or her
position if elected or appointed to such office. Provided, further, that employees may file
as candidates for nomination or election to any noncity public office and may serve in
such positions if elected or appointed, so long as such activities do not interfere xvith their
city employment contrary to ordinances and administrative regulations.
Proposition 7. Changing the property tax cap to conform to the tax cap set by the Texas
Constitution.
Summary
In 1980 voters at a special election conducted in Corpus Christi approved a City Charter
amendment imposing a 68-cent cap on property taxes and limiting the growth in property
appraisals to 6% per year. Subsequent lawsuits were filed concerning the constitutionality of the
amendment and defamation, and the lawsuits were settled with the parties acknowledging that
portions of the amendment were unconstitutional. The 68-cent tax cap was allowed to remain in
place although City officials never agreed that it was constitutional.
The Texas Constitution establishes a property tax cap of $2.50 per $100.00 of assessed
valuation for all Texas cities comparable to Corpus Christi. Although Corpus Christi and other
similar cities do not levy property taxes anywhere near that legal maximum, the legal limit is a
significant factor to bond rating agencies in determining the creditworthiness of cities in the
issuance of bonds and in maintaining operations and maintenance to support essential city
se~'ices.
This Charter provision has been amended on two separate occasions since 1980 in order
to provide the City with greater flexibility in dealing with the property tax cap and issuing new
bonds for public improvements. Despite the previous amendments, bond rating agencies continue
to cite the 68-cent properb' tax cap as a significant concern, and it puts Corpus Christi at a
disadvantage when being compared to the creditworthiness of other Texas cities.
The Charter Revision Commission voted to eliminate the 68-cent property tax cap and
restore the original provisions of the City Charter setting the limit at the level established by the
Texas Constitution. The City of Corpus Christi incum additional expense each year based upon
higher interest costs on issued bonds because of the 68-cent property tax cap. The members of
the Commission believe that the 68-cent tax cap should be repealed.
12
Actual Text of Amendment
Article VIII, Taxation and Bonds, Section 1, Taxation.
(a) The city council shall have power, and is hereby authorized annually, after
the budget is adopted, to levy and collect taxes up to the maximum authorized by the
Constitution of Texas based on the assessed value of all real and personal property in the
city, not exempt by the Constitution and laws of Texas from taxation; provided that,
except as provided in paragraph (b)below, the maximum tax rate for all purposes shall not
exceed sixty eight cents ($0.68) per one hundred dollars ($100.00) of assessed value. The
maximum tax rate limitation shall remain in full force and effoet until changed by charter
amendment or by ordinance duly adopted after a referendum election at which a majority
of the registered voters voting at such election approved adoption of the ordinance.
(b) The maximum tax rate the city council may lev3.' in support of debt service
for any tax supported obligations which are authorized by the voters of the city at an
election held after April ~1, 1993, shall be limited to the tax rate limitation provided in the
Texas Constitution. In the event any such voter approved obligations are refunded by the
issue of refunding obligations as authorized under Texas law, the debt service on such
refunding obligations shall be subject to the maximum tax rate hmitation in paragraph (a)
above unless: (i) the refunding results in a net present value savings to the city as
determined by the Texas Attorney General, or (ii) such refunding obligations arc
authorized by the voters of the city at an election held for such purpose.
(c) If for any cause the city council shall fail or neglect to pass a tax ordinance
for any year, levying taxes for that year, the tax ordinance last passed shall be considered
in force and effect as the tax ordinance for the year for which the city council so failed to
pass a tax ordinance, and the failure to pass such ordinance in any year shall not
invalidate the collection of the tax for that year.
(~)(~) 3Ire city council may also prescribe the date when taxes shall become due
and prescribe penalties for nonpayment before they become delinquent
(e)(~ The city council may also levy, assess and collect any other types of taxes
as provided by state law, provided that no such tax shall be greater than is authorized by
such statute.
Proposition 8. Allowing certain leases for the construction of boat slips and docking
facilities to be for terms not more than 15 years without the necessity of an election,
simplifying the procedures concerning short-term leases less than $ years~ transfers of
leases, regulation of leases and approval of oil and gas leases, and updating other
provisions to current State law and court decisions.
Summary
13
Long-term leases along the Corpus Christi Bayfront have proven to be controversial over
the years, and the Charter was amended in 1985 generally to allow long-term leases in other parts
of the City without restriction but require that leases of submerged lands on the Bayfi'ont for
terms longer than five years must be approved by a voter referendum. The Charter also provides
that voters can submit petitions requiring an election on any long-term lease by circulating and
submitting the petitions within 60 days after the second reading of the ordinance approving the
lease.
The replacement of boat slips and docking facilities are routine capital improvements on
the Bayfront, but in order to amortize the costs of better facilities, more than five years is
required. This amendment will maintain the requirement that leases longer than five years of the
submerged lands along the Bayfront must be approved by voter referendum, but it provides an
exception allowing leases of boat slips and docking facilities for up to 15 years.
This amendment also updates several references to State laws in the Charter to the current
provisions in the Texas Government Code in order to direct citizens to the appropriate
references.
This amendment also simplifies the procedures for approving leases and franchises
having terms of five years or less, the transfer of leases and franchises, and the termination of
leases in the event of default It also clarifies the procedures to be followed in awarding oil and
gas leases.
Lastly, this amendment eliminates a restriction on utility rates that has been ruled invalid
by the courts.
Actual Text of Amendment
Article VIII, Public Utilities, Franchises and Leases, Section 2, Power to Grant Franchise or
Lease
(a) The council shall have the power by ordinance to grant, renew, and extend
all franchises of all public utilities of every character operating within the city and all
leases of property of the ciD'; and, with the consent of the franchise holder or the lessee,
to amend the same; provided, however, that
(1) No franchise shall be granted for a term of more than thirty years; and
(2) No lease covering any property of the city shall be granted for a term of
more than sixty years.
(3) No lease coverine any vropertv of the City which lies under the waters of
Corpus Christi Bay and was patented to the city by the State of Texas shall be granted for
a term of more than five years unless approved by a majority of the qualified voters of the
city, votin~ at an election duly called for such purpose, provided that leases for the
construction on use of boat slips or docking facilities may be granted for not more than
fifteen years without the necessity of an election required by this section.
14
No franchise or lease on any property of the city whioh lies under tho waters of
Corpus Christi Bay and was patented to the city by tho State of Texas shall bo granted,
rene~ved, or extended for a term of more than five yeara unless there ia submitted to the
qualified voters of the city, at an election duly called for such purpose, tho question of
whether or not the council should enaot the particular ordinance granting, renewing or
extending such particular franchise or lease, and a majority of such qualified voters voting
at such election favor the enactment of the ordinance. The question of whether or not the
council should enact any particular franchise or lease for a term of five years or less may
be subxnittcd to the qualified voters of the city; and in such event the ordinance shall not
be enacted unless approved by a majority of the qualified voters voting at such election.
(b) No lease covering any property of the city which lies under the waters of
Corpus Christi Bay and was patented to the city by the State of Texas shall grant to the
lessee any right to erect or maintain any structure or building with the exception of yacht
basins, restaurants, buildings for the housing of bay front concessions and uses permitted
by the city zoning ordinance in a bay front use zoning district.
Article VIII, Public Utilities, Franchises and Leases, Section.3, Ordinance granting franchise or
lease.
(a) Every ordinance granting, extending or amending a franchise or a lease of
property of the city shall be read at two regular meetings of the council, and shall not be
finally acted upon until the twenty-eighth day after the first reading thereof. Within five
days following each of the two readings of the ordinance, a description of the franchise or
lease, including the names of the parties, the term, payments to the city and the purpose of
the franchise or lease, shall be published one time in a newspaper of general circulation in
the city, and the expense of such publication shall be borne by the prospective franchise
holder or lessee. Copies of the full text of any such ordinance shall be made available to
the public at no charge in the office of the city secretary. With the exception of any
ordinance authorized by election provided herein, no ordinance granting, renewing,
extending or amending a lease or franchise of more than one ;,'ear five years shall become
effective until the expiration of sixty days following the date of its final adoption by the
council, and every such ordinance shall be subject to referendmn procedure provided by
state la'v, Section 282.003, Texas Government Code Section 282.003, Texas
Government Code Section 282.003, Texas Government Code Article 1181, Vemon's
Texas Civil Statutes, as amended now or in the future.
(b) Notwithstanding any other provision of this charter, any ordinance
granting or authorizing the execution of a lease having a term of ,,."ne 3'ear five years or
less may be finally passed and the lease authorized without publication of any notice, and
in cases of declaration of emergency may be passed without necessity of two readings.
Article VIII, Public Utilities, Franchises and Leases, Section 4, Transfer of franckise or lease.
No franchise or lease of property of the city shall be transferred by the holder
thereof except with the approval of the council expressed by ordinance, which approval
15
shall not be unreasonably withheld. Council aoproval may be read at two consecutive
regular council meetings of the council, or if an emergency is declared may be finally
read and approved at one regular meeting of the council. Notwithstandin~ the foregoing,
the city council may delegate to the city manager by ordinance the authority to approve
routine transfers of franchises or leases and amendments desi~:ned to update existing
franchises or leases to current city requirements.
Article VIII, Public Utilities, Franchises and Leases, Section 6, Regulation of leases
Every grant, renewal, extension or amendment of a lease of property of the city,
whether so provided in the lease or not, shall be subject to the right of the city:
(a) To terminate such lease at any time for failure of the lessee to comply with
the terms of the lease or the terms of this section, such power to be exercised only by
ordinance duly adopted after notice and hearing.
Article VIII, Public Utilities, Franchises and Leases, Section 8, Leases of land or interests in land
for oil, gas or minerals.
(a) In the making of any oil, gas or mineral lease concerning any mineral
interests belonging to the city, the city shall publish notice of its intention to lease the
mineral interests, describing the same, in a newspaper having a general circulation in the
city, once a week for a period of three consecutive weeks, designating the time and place
after publication where the city will receive and consider bids for oil, gas or mineral
leases thereon. In calling for bids for any lease or leases, tide city may specify such terms
and conditions as shall be required by it in any lease or leases and any particular methods
the city will utilize in evaluating the bids.
(b) On thc date specified in the notice, the city shall receive and consider any
and all bids submitted for the leasing of the mineral interests proposed to be leased. Upon
review of all the bids, and the council shall award the lease or leases based on the bid or
bids determined to be most advantageous to the city. The council shall have the right to
waive any defect, irregularity or informality in any bid or bidding procedure, and the
council shall have the right to reject any or all bids submitted.
Article VIII, Public Utilities, Franchises and Leases, Section 10, Public utilities
(a) The city shall have power to o~vn, maintain and operate, within or without
the city hmits, any public utility, and the city council shall adopt appropriate ordinances
for the maintenance and operation thereof and fix the compensation to be charged
therefor. ~he city shall have po~ver to purchase electricity, gas, oil or any other article
used by the public on such terms as the city may deem proper for sale and distribution to
the inhabitants of the city and adjacent territory; provided, that no contract of purchase
binding the city for a longer period than five years shall be valid unless authorized by a
majority vote at an election called for such purpose.
16
(b) The rate for each utility service operated by the City shall not be inoreased
in any fiscal year by more than six percent (6%) over tho rate charged tho preceding year;
provided, however, in the event of an emergency declared by the council with all
members voting "aye" on the increase, then a higher rate may be adopted on a temporary
basis for the next fiscal year. Effective on voter approval.
Proposition 9. Updating the provisions concerning general powers of the City in order to
conform to new State laws and procedures.
Summary
This amendment is more of a housekeeping amendment in order to update references to
State laws to the current statutes and codes in effect and modify the purchasing procedures to
take into account modem purchasing methods provided under the Texas Local Government
Code.
Actual Text of Amendment
Article X, General Powers and Provisions, Section 1, General Powers
(a) The city shall have and may exercise, for any municipal purpose, all
powers apolicable to home rule cities in the Texas constitution, statutes and codes, and
specifically includinR the powers presently enumerated in Article 1175, Texas Civil
Statutes, and formerly enumerated h~ Article 1175, which have been codified in other
provisions of Texas statutes and codes, and which may be added thereto at any time in the
future, and the following powers= to the fullest extent it deems necessary, desirable, or
convenient= except as clearly prohibited or limited by state law or this charter:
(12) To assess the cost of street, sidewalk and related improvements against
abutting property owners and fix a lien against such abutting property in any manner
authorized by Subcha¢ter E of Chapter 402, Texas Local Government Code, and
Chapters 312 and 313, Texas Transportation Code,Articles 1105b or 1086 through 1105,
Texas Civil Statutes, as the same may be amended in the future, or other state law, or any
city ordinance, which procedures are hereby adopted as altematives which may be
exercised
Article X, General Powers and Provisions, Section 2, Contracts
(a) All contracts shall be authorized by the city council, except that the city
manager may authorize contracts which do not require expenditures exceeding the limit at
xvhich competitive bids are required under the Texas Local Government Code, as
amended, and may exceed that sum in the case of emergency which shall be reported to
the council.
17
(b) No contract shall be binding until it has been (1) signed by the city
manager or the manager's authorized representative, and (2) approved or objected to in
writing by the city attorney, which objection shall be filed with the city secretary.
Provided, however, as to standard contracts for multiple transactions, the city attorney
need only approve the standard form.
(c) All purchases and contracts must be competitively bid or proposed or
based upon a procurement method authorized by ~ state law. For any contract
that is based on competitive bids or proposal, after A~cr approval of specifications by the
city manager, advertisement of such contracts shall be published in a newspaper of
general circulation in the city at least once in each week for two consecutive weeks,
inviting competitive bids or proposals. All bids or proposals submitted shall be sealed and
delivered in the manner required by the specifications. At the time announced in such
notice, the bids or proposals shall be opened in the presence of one or more city
employees designated by the city manager and in the presence of those bidders desiring to
be present, except that confidentiality may be provided in accordance with slate law. The
council shall determine the most advantageous bid or proposal for the city. The city shall
always have the right to reject any and all bids or proposals. In the event all bids or
proposals are rejected, the city may call for new bids or proposals at its discretion, which
shall be advertised in like manner as the original.
(d) No contract shall ever be made which binds the city to pay for personal
services to be rendered for any stated period of time; but all contracts for personal service
shall be restricted to the doing of some particular act or thing, and upon its completion no
further liability shall exist on the part of the city.
Proposition 10. Changing the date of the regular city council election from the first
Saturday in April to the November uniform election date in order to conduct city council
elections at the same time as elections for federal and state elected officials.
Summary
The proposition would change the date of the regular City council elections from the first
Saturday in April of odd-numbered years to the uniform election date in November of even-
numbered years to coincide with the elections for federal and state elected officials. Voter
participation in ali elections has declined substantially in recent years, and fewer voters
participate in the City elections in April compared to the level of voter turnout in the November
elections. Moving the City elections to November would increase the level of voter turnout
significantly.
On the other hand, the November ballots already are filled with numerous candidates for
federal, state and county positions, including all of the various judges, constables and justices of
the peace. The mayor and city council members would not feature very prominently in these
18
elections due to the presence on the ballot of the President, U.S. Senators and Congressmen,
State officials, legislators and judges.
The Del Mar College Board of Regents moved its elections to November and has had a
similar experience. Voter participation is much higher in the November election, but candidates
receive little attention of the voters due to the long ballot of much more highly-publicized races.
The positive reasons supporting this change are higher voter turnout, broadening the
range of voters participating in the political process, and possibly reducing the number of
elections overall. The reasons against this change are the loss of attention paid to City candidates
and the higher costs of conducting campaigns since media expenses are much greater in the
November election campaigns due to increased demand.
The Commission also looked at the length of terms of office and the possibility of
lengthening the current terms from two years to three or even four years. Due to restrictions in
the Texas Constitution, in order to lengthen terms beyond two years, the City either would have
to change its method of electing council members to all single-member districts (and eliminate
the three at-large positions) or have the Texas Constitution amended. The Commission did not
form a consensus on lengthening the terms of office under either of these scenarios.
Due to the two-year term length limitation, in order to convert to a November election
cycle, the mayor and council members elected in April 2005 would serve shortened terms
expiring after the November 2006 elections.
This Proposition was the most intensely debated Proposition of the Commission. The
issue was discussed to some extent at nearly all of the meetings of the Commission, and initially
the Proposition failed to receive the support of the Commission in its Preliminary Report (6-9
vote). After the public hearing on June 8, 2004, the Proposition was included in this Final
Report by an 8-7 vote.
Actual Text of Amendment
Article II, City Council, Section l(b), Membership and term
(b) The mayor and members of the city council shall be elected for terms of
two years and shall hold office until their respective successors have been elected and
qualified. The regular election shall be held in even-numbered years on the uniform
election date in November odd numbered years on the flint Saturday in April unless thc
city council designates an alternative Saturday in April or the next available uniform
election date allowed by state law at least six months prior to the regular election, In order
to vrovide a transition to this new election schedule, elections shall be conducted on the
first Saturday in April 2005, and the mayor and members of the city council elected in
April 2005 shall serve until their successors are elected and qualified in the elections held
in November 2006.
f:\l l\Char~er~004 Final Rpt doc ] 9
5
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDAITEM:
Pre~ntationbyNue~sCoun~H~p~alDistriclonProposedW~tSideCJinic
STAFFPRESENTER(S):
Name
1. George K. Noe
Title/Position
City Manager
Omanization
City of Corpus Christi
OUTSIDE PRESENTER(S):
Name TltlelPosition Organization
Johnny Hipp, Administrator/CEO Nueces County Hospital District
Betty Jean Longoria, Commissioner Nueces County Commissionem Court
ISSUE: Presentation of information regarding the District's acquisition of real
property at the intersection of Greenwood Ddve and West Point Road and
development of a replacement Westside Neighbor Care Center (WNCC) at that
location.
BACKGROUND: The WNCC will replace a smaller temporary clinic that was
established in December 1998 by the Distdct on the campus of the former West Oso
Skinner Elementary School located on Bloomington Street. The census tract within
which the WNCC is being established is a federally-designated medically
underserved area and the clinic is primarily intended to address those needs. The
WNCC will be approximately 12,500 square feet and occupy about three acres at the
intersection of Greenwood Ddve and West Point Road, pending related zoning and
platting approvals. The Distdct will invest about $2.9 million toward development of
the WNCC.
REQUIRED COUNCIL ACTION: None.
~K. No~, City Manager
6
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
June '15, 2004
AGENDA ITEM:
· Overview of Proposed FY 2004-05 Budgets for Enterprise Funds
STAFF PRESENTER(S):
Name Title/Position Department
Mark L. McDaniel Assistant City Manager - Support Services
Debbie Marroquin Acting Director of Management and Budget
ISSUE:
As pad of the Council review of the FY 2004-05 Proposed Budget, this third
presentation will focus on the following Enterprise Funds:
Combined Utility System
· WatedStorm water Ambulance
· Wastewater Marina
· Gas Golf Centers
Airport
REQUIRED COUNCIL ACTION:
No formal action is required at this time.
Debbie Mar~
Acting Director of
Management and Budget
Investing in Our Future
Expenditures by Fund
Ambulance Airport
4% 5%
Waste~'ater
20%
Marina
1%
Gas
22%
Golf Center.,
1%
Water
47%
Investing in Our Future
Combined Utility System Revenues
Raw Water
Wastewater Other Sales
Service 3% 14o/0
Charges
25%
Water ICL
17%
Purch
Adjust OCL
15% 10%
Sale of Gas Contract
9% Water
7%
Revenues - Rate/ldjustments
Historical & Proposed Adjustments
Revenues- Water Consumption
45,000,000
40,000,000
35,000,000
30,000,000
Gallons Consumed
(Thousands - '000)
Combined Utility System Expenditures
Contract Other Debt Service
Services 1% 23%
17%
Transfers
12%
Capital
Outlay
1%
Mat. &
Supplies
28%
~ersonnel
18%
Combined Utility System Expenditures
4
Expenditures - Purchased Water
2001 2002 2003 2004
Fisral Year
2005
Expenditures - Purchased Gas
5
In vesting in Our Future
Marina Revenues
Other
8%
Bayfronl
Rev.
17%
Slip Rentals
75%
6
Marina Expenditures
Marina Fund Fiscal Issues
Investing in Our Future
Cart Rentals
28o?o
Golf Centers Revenues
Green Fee
-Surcharge
5%
Other
5%
Pro Shop Sales
7%
~reen Fees
54%
Golf Centers Expenditures
OSO
Operations
38%
Gabe Lozano~~GFAdmin
Operations 50/0
50%
Debt Service
7%
Golf Centers Fund Fiscal Issues
180,000
160,000 L
140,000
120,000
100,000
Rounds Played
2§O3
2004
In vesting in Our Future
Airport Revenues
Parking Lot
Collections
20%
Auto Rental
Conc.
13%
Securlt~
Servtce
3%
Lan~ng Fees
9%
TSA Charges
6%
OII & Gas
Leases
13%
Other
16%
16%
10
Airport Expenditures
Building/Cus t
Maint Other
28%
Debt Servic~
14%
Parking/Tram
7%
Admin
15%
5%
Operations
22%
Airport Fund Fiscal Issues
....· .~.;/...t .c~......., fl./,.'. ...... ......... ~, '~ .. .":.,~'
600,000
Enplanement Activity
11
Investing in Our Future
23
Ambulance Fund Revenues
Eme ~ge ncy
Calls
50%
Other
1%
Fi'Dm
Gen. Fund
49%
12
Ambulance Fund Expenditures
Allocations
Contract
4%
Services
16% Other
/ 5%
Mat & Supl~lies l/
5%
Personnel
70%
Ambulance Fund Fiscal Issues
13
Balance of Schedule
In vestlng in Our Future
14
7
CITY COUNCIL
AGENDA MEMORANDUM
June 15, 2004
AGENDA ITEM:
Ordinance appropriating $383,952 from the State Homeland Security Grant in Fire
Grants Fund 1062 for purchase of 114 Handheld Radios; and declanng an emergency.
Issue: On September 30, 2003 the City Council approved a resolution to execute a
subrecipient agreement to accept a State Homeland Security Grant in the amount of
$2,026,402. The purpose of the grant is to improve our ability to respond to potential
terrorist attacks using weapons of mass destruction. An analysis of our response
capabilities and equipment needs identified the need for additional hand-held radios to be
distributed between the City Police, Fire, Airport and Health Departments.
Financial Commitment Required of the City: No matchtng funds by the City are
required for this purchase.
Background: The City of Corpus Christ currently owns and operates an Enhanced
Digital Access Communications System (EDACS) provided by Ericsson, now known as
M/A-COM. This system provides the critical Public Safety and Public Service
Communication needs for the City of Corpus Christi as well as Nueces County. M/A-
COM currently o~vns the patent and copyright for EDACS, therefore equipment for the
system can only be purchased from them.
Purchase of the radios are to be made through Dailey-Wells Communications since they
are the only authorized IVUA-COM Network Solutions Provider assigned to provide sales
and service support throughout the Coastal Bend area.
No funds have been appropriated for the purchase of the radios since the City has the
option to purchase equipment through the States Equipment Purchasing Program or
locally.
Required Council Action: Council approval is required to authorize the City Manager
to appropriate $383,952.00 for the purchase of 114 hand-held radios.
Recommendation: Staff recommends appropriating $383,952.00 from the State
Homeland Security Grant in Fire Grants Fund 1062 to purchase 114 hand-held radios.
1. Ordinance
2. Sole Source Letter
ORDINANCE
APPROPRIATING $383,952 FROM THE STATE HOMELAND
SECURITY GRANT IN FIRE GRANTS FUND 1062 FOR PURCHASE OF
HANDHELD RADIOS; DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $383,952 from the State Homeland Security Grant is appropriated in
Fire Grants Fund 1062 for 114 handheld radios.
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 ,2004.
A'I-I'EST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: June 7, 2004
Lisa Aguilar /,' /
Assistant Ciz'lq~tto rn ey
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, 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
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Melody Cooper
Javier D. Colmenero
Henry Garreff
Bill Kelly
Rex A Kinnison
Jesse Noyola
Mark Scott
Electronics
IV /A - C O IV!
Tele 9 72 929 2900
Fa~ 972 5502350
April 19, 2004
Mr. Mike Hernandez
City or Corpus Christi Fire Department
2406 Leopard
Corpus Christi, TX 78408
Dear Mr. Hemandez:
The City of Corpus Christi has purchased and installed an Enhanced Digital Access
Communications System (EDACS) provided by Ericsson, now known as M/A-COM. This
system provides the critical Public Safety and Public Service communications needs for
Nueces County as well as the City of Corpus Christi,
At (his time, EDACS equipment For this system falls under General Exemptions Section
252.022, sub-sections 7(A) and (D) of the State of Texas Local Government Code. M/A-
COM intellectual properly rights and proprietary protocols represent a patent, copyright
or secret process and are, therefore, currently only available from the manufacturer,
M/A-COM.
Dailey-Wells Communications is the only authorized M/A-COM Network Solutions
Provider assigned to provide sales and service support throughout the coastal bend
area. Orders for M/A-COM equipment and associated accessories should be placed
through Dailey-Wells Communications.
Thank you for your attention in this matter. M/A-COM and Dailey-Wells Communications
look forward to the opportunity to continue to service the City of Corpus Christi.
Regards,
Area Sales Director
cc: Jim Sawyer, Dailey-Wells Communications
8
AGENDA MEMORANDUM
DATE: June 15, 2004
SUBJECT: ACCEPTING AND APPROPRIATING A $115,558.54 GIFT FROM THE
FRIENDS OF THE CORPUS CHRISTI PUBLIC LIBRARIES
AGENDA ITEMS:
a)
Resolution authorizing the City Manager or designee to execute a Gift Agreement
with the Friends of the Corpus Christi Public Libraries which provides the City
with a gift orS115,558.54 for the expansion and remodeling of the Mary and Jeff
Bell Children's Library at the Central Library.
b)
Ordinance appropriating $115,558.54 from the Friends of the Corpus
Christi Public Libraries in the Library CIP Fund No. 3210 for
Improvements to the Mary and JeffBell Children's Library at the Central
Library; amending FY 2004 Capital Budget adopted by Ordinance 025647
by increasing appropriations by $115,558.54; and declaring aa emergency.
ISSUE: In 2003 the Friends of the Corpus Christi Public Libraries began a campaign to raise a
minimum of $250,000 for the expansion and remodeling of the Mary and Jeff Bell Children's
Library at the Central Library. At the completion of the campaign over $313,000 was raised.
This transfer represents part of the Charity League's contribution of $158,935. The balance in
the Charity League's contribution will be used to purchase books for the Bell Children's Library.
Under the City's supply agreement for books, the Friends is granted the same discounts. Any
remaining balances after construction and fumishing costs have been met will be used to
purchase computers for the Bell Children's Library.
REQUIRED COUNCIL ACTION: Execution of agreements and appropriation of funds
require Council approval.
PRIOR COUNCIL ACTION: $61,344 received from the Friends of the Corpus Christi Public
Libraries and appropriated March 25, 2003 (M2003-127); $15,000 received from the Corpus
Christi Public Library Foundation, Inc. and appropriated May 20, 2003 (M2003-190); $54,000
received from the Friends of the Corpus Christi Public Libraries and appropriated November 11,
2003 (M2003-404); $7,000 received and appropriated February 17, 2004 (M2004-054).
FUTURE COUNCIL ACTION: A construction contract will be awarded.
RECOMMENDATION: Staff recommends gift acceptance and appropriation of funds.
Herb Canales
Director of Libraries
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR THE CITY MANAGER'S
DESIGNEE, TO EXECUTE A GIFT AGREEMENT WITH THE FRIENDS
OF THE CORPUS CHRISTI PUBLIC LIBRARIES WHICH PROVIDES
THE CITY WITH A GIFT OF $115,558.54 FOR THE EXPANSION AND
REMODELING OF THE MARY AND JEFF BELL CHILDREN'S
LIBRARY AT THE CENTRAL LIBRARY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS;
SECTION 1. That the City Manager, or the City Manager's designee, is authorized to
execute a Gift Agreement with the Friends of the Corpus Christi Public Libraries which
provides the City with a gift of $115,55854 for the expansion and remodeling of the
Mary and Jeff Bell Children's Library at the Central Library.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: June 10, 2004
Assistant City Attorney
for City Attorney
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
of ,2004
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
ORDINANCE
APPROPRIATING $115,558.54 FROM THE FRIENDS OF THE
CORPUS CHRISTI PUBLIC LIBRARIES IN THE LIBRARY CIP
FUND NO. 3210 FOR IMPROVEMENTS TO THE MARY AND
JEFF BELL CHILDREN'S LIBRARY AT THE CENTRAL
LIBRARY; AMENDING FY 2004 CAPITAL BUDGET ADOPTED
BY ORDINANCE 025647 BY INCREASING APPROPRIATIONS
BY $115,558.54; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $115,55854 is appropriated from the Friends of the Corpus
Christi Public Libraries in the Library CIP Fund No. 3210 for improvements to the
Mary and Jeff Bell Children's Library at the Central Library.
SECTION 2. That the FY 2004 Capital Budget adopted by Ordinance 025647 is
amended by increasing appropriations by $115,558.54.
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
h-eec~ f~r immediate act~onnecessary 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 ,2004.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: June 3, 2004
for City Attomey
Samuel L. Neal, Jr.
Mayor
Corpus Christi, Texas
__ day of ,2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set fodh 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
Council Members
The above ordinance was passed by the following vote:
Samuel L. Neal, Jr
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garret"[
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
9
AGENDA MEMORANDUM
DATE: June 15, 2004
SUBJECT: Petition calling for an election to establish an Ad Valorem Tax Freeze
on Residence Homesteads of the Disabled and the Elderly and their spouses.
AGENDA ITEM: Discussion and consideration of petition filed regarding freezing
of ad valorem taxes on residence homesteads of the disabled and the elderly and
their spouses.
BACKGROUND: On September 13, 2003, a Constitutional Amendment was
approved to permit counties, cities and towns, and junior college districts to
establish an ad valorem tax freeze on residence homesteads of the disabled and
of the elderly and their spouses. As an alternative, on receipt of a petition signed
by five percent (5%) of the registered voters of one of the entities mentioned above,
the governing body of that entity shall call an election to determine by majority
vote whether to establish this tax limitation. On Tuesday, June 8, 2004 a petition
was filed in the City Secretary's Office.
ISSUE: The City Council can authorize the implementation of this tax
limitation or direct the City Secretary to begin the petition validation process.
FUNDING: Approximately $115,000 if the election is held in September 2004.
There are no costs if an election is held on this matter in November 2004 since the
City plans to participate in that election.
Armando Chapa
City Secretary
10
City of
COl~pUS
Christi
Corpus Christi
2OO3
TO: Mayor and Council
THROUGH: George K. Nee, City Manager ~
FROM: Margie C. Rose, Assistant City Manager
DATE: June 9, 2004
SUBJECT: Proposed Vacant Building Ordinance
During the May 25, 2004 Council Meeting, you requested that staff meet with several
organizations interested in sharing their concerns related to the above referenced
Ordinance. Additionally, you requested that the Proposed Ordinance be placed on the
June 15, 2004 Council Agenda for further consideration.
Staff met with representatives of the Downtown Management Dis~'ict, and Board of
Realtors on Monday, June 7, 2004. Another meeting is scheduled for Monday, June 21,
2004. We anticipate several more meetings before a final draft is developed.
We recommend the due date of June 15, 2004 be extended until no later than the July
27, 2004 Council Meeting. Staff believes that the additional time will allow both the
organizations and staff time to develop an ordinance that can be unanimously
recommended to you.
Your consideration of this request is appreciated.
If you should have any further questions, feel free to contact the City Manager, or me.
CITY COUNCIL
AGENDA MEMORANDUM
Date: May 25, 2004
AGENDA ITEM:
An ordinance enacting Article III of Chapter 13 of the Code of Ordinances to
establish an identification, registration, and enforcement process related to vacant
buildings and structures.
ISSUE: Vacant properties are an attraction to vagrants, gang members, and other
criminals that propose a threat to the public health, safety, and welfare of the City.
PRIOR COUNCIL ACTION: On April 13, 2004, staff provided City Council with a
presentation regarding the proposed vacant building ordinance.
REQUIRED COUNCIL ACTION: City Council action is required for the authorization and
implementation of an ordinance, Article III Section 13.
FUTURE COUNCIL ACTION: Second reading and final adoption of the vacant buildings
and structures ordinance.
FUNDING: No funding requirements.
RECOMMENDATION: Staff recommends the approval and adoption of the vacant
buildings and structures ordinance.
¢~,0'~; Jonathan Wagner, NSD Acting Director
ADDITIONAL SUPPORT MATERIAL
Background Information
BACKGROUND INFORMATION
The goals of the proposed ordinance are 1 ) to establish a program for identification and
registration of vacant buildings, 2) determine the responsibilities of owners of vacant
building and structures, and 3) provide for administration, enforcement, and penalties.
The first goal will require the owner to register the vacant building or structure with the City
within 30 days after the vacant building or structure becomes vacant. The City will require
a registration requesting basic information. This will allow the owner to present a plan and
timetable for returning the building or structure to an appropriate use or demolition of the
vacant building or structure. If ownership of the building or structure is transferred, the new
owner is required to register or re-register the building or structure within 30 days of the
date of transfer.
The second goal of the ordinance will require the owner to clean the vacant building or
structure and to secure or board up in accordance with the "board up" specifications of the
ordinance. If the board up fails to keep the building or structure secure, the owner must
install a fence around the building or structure, if boarding, fencing, using electronic
monitoring systems, or other methods fail to secure the building or structure, the owner
must have a watchman on duty at certain times during the day until the building is either
legally occupied or demolished. The City may assess a re-inspection fee of $100 against
the owner for each re-inspection for continuous monitoring to ensure compliance. The City
Council will receive a list of current and previous vacant buildings or structures every six
months.
The third goal will allow the City, if a violation is found, to serve the owner with written
notice and an order to abate. The owner may be allowed up to 60 calendar days to abate.
If the owner fails to abate, the City may, without further notice, abate the violation, and the
owner becomes liable for any costs incurred by the City, including administrative expenses,
materials, and labor. If the owner fails to pay when invoiced, the City will file a lien on the
property for expenses incurred. The owner may appeal any decision to the Building
Standards Board. A violation of the ordinance is punishable by a fine up to $2,000, and
any person convicted of a subsequent violation of the ordinance may be fined not less than
$500 nor more than $2,000.
There are some exemplions in the ordinance. A building or structure that suffers fire
damage is exempt from the registration requirement for a period of 90 days after a fire, ii:
the owner submits a request for an exemption in writing to the City and provides the
required pertinent information.
AN ORDINANCE
ENACTING ARTICLE III OF CHAPTER t3 OF THE CODE OF
ORDINANCES TO ESTABLISH AN IDENTIFICATION, REGISTRATION,
AND ENFORCEMENT PROCESS RELATED TO VACANT BUILDINGS
AND STRUCTURES; PROVIDING FOR PENALTIES; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Article itl of Chapter 13 of the Code of Ordinances, containing sections
13-2001 to 13-2100 is enacted to read as follows:
"ARTICLE II1. VACANT BUILDINGS AND STRUCTURES
"Sec. 13-2001. Declaration of policy.
~(a) The Cib/Council finds and declares that:
"(1) Buildings and structures that are vacant and unsecured or boarded attract
vagrants, gang members, and other criminals as prime locations to conduct
illegal criminal activities.
"(2) Buildings and structures that are vacant and not properly secured are
extremely vulnerable to being set on fire by unauthorized persons.
"(3) Buildings and structures that are vacant and unsecured or boarded are a
blight and cause deterioration and instability in neighborhoods.
"(4) Buildings and structures that are vacant and unsecured or boarded pose
serious threats to the public's health and safety, and therefore are declared to be
public nuisances.
"(5) Immediate abatement and rehabilitation of vacant buildings and structures is
necessary.
"(b) The purpose of this article is to protect the public health, safety, and welfare of the
"(c) This article:
"(1) Establishes a program for identification and registration of vacant buildings.
"(2) Determines the responsibilities of owners of vacant buildings and structures.
"(3) Provides for administration, enforcement, and penalties.
Vacanl Bldg Ord Final 051804.doc I
'Sec. 13-2002. Definitions.
~Unless otherwise expressly stated, the following words, terms, and phrases, when
used in this article, have the meanings ascdbed to them in this section, unless the
context of their usage cleady indicates a different meaning:
~Administrator means the City's Zoning and Code Enforcement Administrator, or
the Director's designees.
"Building means a structure, whether portable or fixed, with exterior walls for
firewalls, and a roof built, erected, or framed of materials to form shelter for
persons, animals, or property_
"Dangerous structure means a structure which is potentially hazardous to
persons or property, including, but not limited to:
"a. A structure that is in danger of partial or complete collapse.
"b. A structure with any extedor parts that are loose or in danger of falling.
"c. A structure wrth any parts, such as floors, porches, railings, stairs,
ramps, balconies or roofs, which are accessible and which are either
collapsed, in danger of collapsing, or unable to support the weight of
normally imposed loads.
"Owner means the owner or owners of record in the county where the real
property is situated, anyone identified as the owner or owners on a vacant
building registration fon'n, the holder of an unrecorded contract for deed, a
mortgagee or vendee in possession, a mortgagor or vendor in possession,
assignee of rents, receiver, executor, trustee, lessee, other person in control of
the premises or a portion of the premises. Any person who is included in this
definition as an owner has joint and several obligation for compliance with the
provisions of this article.
"Secured by normal means means the use of structural components of a building
or structure, including fixtures, such as doors, windows, locks, latches, electronic
secudty systems, storm shutters, security shutters, and grills or bars installed at
,window openings that were installed while the building or structure was
constructed or added to the building or structure while the building was occupied
and being used for lawful purposes.
"Secured by other than normal means means a building or structure secured by
means other than those used in the design of a building or structure or that are
normally installed and utilized while a building or structure is occupied and being
used for lawful purposes, and includes boarding.
Vacant Bldg Ord Final 051804.doc 2
"Structure means materials assembled at a fixed location to give support or
shelter such as a building, framework, retaining wall, tent, reviewing stand,
platforTn, bin, fence, sign, flagpole, or mast for an antenna, or the like.
"Unoccupied means a building or structure that is not being used for a legal
occupancy authorized by the Certificate of Occupancy issued by the City's
Building Official.
"Unsecured means a building, structure, or portion of a building or structure that
is open to entry by unauthorized persons without the use of tools or ladders.
"Vacant building or structure means a building, structure, or portion of a building
or structure that is any of the following:
"a. Unoccupied and unsecured.
"b. Unoccupied and secured by other than normal means.
"c. Unoccupied and a dangerous structure.
"d. Unoccupied and condemned.
"e. Occupied by unauthorized persons and unsecured.
"f. Occupied by unauthorized persons and secured by other than normal
means.
"g. Unoccupied and has had two or more property maintenance code
violations within the previous twelve month period.
"h. Condemned and illegally occupied.
"i. Unoccupied for a pedod of time over three hundred sixty-five (365)
days, and during which time the Administrator has issued an order to
corTect any nuisance condition.
"Sec. 13-2003. Exception for properly secured vacant buildings.
"(a) This article does not apply to an unoccupied building or structure, or a portion of a
building or structure, that is:
"(1) Not a vacant building, as defined in Section 13-2002.
"(2) Secured by normal means.
"(3) Being offered for sale or rent by the owner or property manager.
"(b) This article does not apply to an unoccupied building or structure, or a portion of a
building or structure, that is:
Vacant Bldg Ord Final 051804,doc 3
"(1) Not a vacant building, as defined in Section 13-2002.
"(2) Secured by normal means.
"(3) Being converted to another use authorized by its certificate of occupancy.
"(c) This article does not apply to an unoccupied building or structure, or a portion of a
building or structure, that is:
"(1) Not a vacant building, as defined in Section 13-2002.
"(2) Secured by normal means.
"(3) Being modified or altered for another occupancy classification.
"Sec. 13-2004. Enforcement authority.
"(a) The Administrator administers this article.
"(b) The Administrator, the Administrator's designees, and other Code Enforcement
Officials are authorized to enforce the provisions of this article.
"(c) The Administrator will keep a file on all vacant buildings and structures in the City.
The file may include any property-specific written statements from community
organizations, other interested parties or citizens regarding the history, problems,
status, or blighting influence of the vacant building or structure_
~Sec. 13-2005. Vacant building or structure registration.
"(a) The owner shall register with the Administrator not later than thirty (30) days after
any building or structure in the City becomes a vacant building or structure.
"(b) The vacant building or structure registration must be submitted on forms provided
by the Administrator and include the following information supplied by the owner:
"(1) A description of the premises.
'(2) The names and addresses of the owner or owners.
"(3) The names and addresses of all known lien-holders and all other parties
with an ownership interest in the building or structure.
"(4) The period of time the building or structure is expected to remain vacant.
"(5) A plan and timetable for returning the building or structure to lawful
occupancy and use, rehabilitation, maintenance of the building or structure for
investment purposes, or for demolition of the vacant building or structure.
Vacanl BEIg Ord Final 051804.doc 4
"(6) Identify the factors that cause the building or structure to remain vacant, if
the owner plans to leave the building vacant for a pedod longer than one year.
"(7) A plan for regular maintenance dudng the pedod of vacancy, including
measures to prevent trespassers.
"(8) Any additional information required by the Administrator.
"(c) The owner shall notify the Administrator of any changes in information supplied as
part of the vacant building or structure registration within thirty (30) days of the change.
If the plan or timetable for the vacant building or structure is revised in any way, the
revisions must be approved by the Administrator.
"(d) The new owner shall register or re-register the vacant building or structure with the
Administrator within thirty (30) days of any transfer of an ownership interest in a vacant
building or structure. The new owner shall comply with the approved plan and timetable
submitted by the previous owner until any proposed changes are submitted to and
approved by the Administrator.
"Sec. 13-2006. Vacant building or structure registration fees.
"(a) The owner of a vacant building or structure shall pay an annual vacant building or
structure registration fee of three hundred sixty dollars ($360.00) for the period the
building or structure remains a vacant building or structure. The fee must be reasonably
related to the administrative costs for registering and processing the vacant building or
structure owner registration form and for the costs of the City in monitoring the vacant
building or structure site.
"(b) The owner of a building or structure, which is a vacant building or structure on the
first day of October, shall pay the annual vacant building or structure registration fee for
any building or structure not later than the last business day in October. The failure to
pay the annual fee by the last business day in October is a violation of this article.
"(c) The owner of a building or structure, which becomes a vacant building or structure,
shall pay the first annual vacant building or structure registration fee must be paid not
later than thirty (30) days after the building or structure becomes vacant. The first
annual vacant building or structure fee shall be prorated by the number of months or
portion of months that the building or structure was classified as a vacant building or
structure. The failure to pay the annual fee within the thirty (30) day period is a violation
of this article.
"(d) The annual vacant building or structure registration fee must be paid in full prior to
the issuance of any building permits, with the exception of a demolition permit.
"(e) All delinquent annual vacant building or structure registration fees must be paid by
the owner pdor to any transfer of an ownership interest in any vacant building or
structure. If the annual vacant building or structure registration fees are not paid prior to
any transfer, the new owner shall pay the annual vacant building or structure
Vacant Bldg Ord Final 051804.doc 5
registration fee no later than thirty (30) days after the transfer of ownership and
subsequent annual vacant building or structure registration fees must be due on the
new anniversary date.
"(f) The owner of a vacant building or structure, who is required to submit a change or
amendment to the vacant building or structure registration, including a vacant building
or structure plan and timetable, shall pay a fee for the amendment that is equal to one
half of the annual vacant building or structure registration fee each time a change or
amendment is submitted to the Administrator.
"Sec. 13-2007. Vacant building or structure plan and timetable.
"(a) The owner shall submit a plan and timetable for:
"(1) Returning the building or structure to a lawful occupancy and use.
"(2) Demolishing the building or structure.
"(3) Rehabilitation of the building or structure.
"(4) Measures that will be taken to ensure that a vacant building or structure,
which is being retained for investment purposes, does not adversely effect the
property values of adjacent property_
"(b) The plan and timetable must be submitted with the vacant building or structure
registration form.
"(c) The vacant building or structure plan and timetable must address the measures the
owner will employ to secure the building or structure to prevent access by trespassers.
One of the following methods must be used to secure the building or structure:
"(1) Installation and maintenance of adequate windows and doors
"(2) Installation and maintenance of secudty shutters, gdlls, and bars.
"(3) Installation and maintenance of adequate locks for windows and doors.
"(4) Installation, operation, and monitoring of an electronic security system,
which monitors all doors and windows, and includes glass breakage sensors,
and a method of responding to alarms from the electronic secudty system, other
than reliance on the City's Police Department.
"(5) Installation of boards on windows and doors.
"(6) Installation of security fencing.
"(7) Employment of watchmen, who is a licensed peace officer, public security
officer, commissioned secudty officer, or non-commissioned secudty officer.
Vacant BIdg Ord Final 051804.doc 6
"(8) Any other method approved by the Administrator.
"(d) The vacant building or structure plan and timetable must address locations of the
warning signs required by Sections 13-2010(b) and 13-2012(b).
"(e) The plan and timetable submitted by the owner must be approved by the
Administrator.
"(0 The Administrator may require completion of any modifications or alterations to the
building or structure that are required to secure the building or structure within a
reasonable period of time, up to three hundred sixty-five (365) days.
"(g) Any repairs, improvements, or alterations to the property must comply with any
applicable City of Corpus Christi technical construction codes.
"(h) All other applicable laws and codes must be complied with by the owner.
"Sec. 13-2008. Duty to clean vacant building or structure.
"(a) The owner of any vacant building or structure shall remove any waste, rubbish, or
debds from the interior of the structure.
"(b) The owner of any vacant building or structure shall remove any waste, rubbish,
debris, or excessive vegetation from the yards surrounding the vacant structure.
"(c) The owner shall keep the premises properly maintained until the rehabilitation or
demolition has been completed.
"(d) Failure of the owner to maintain the premises that result in a summary abatement
completed by the City is grounds for revocation of the approved vacant building or
structure plan and timetable, and the owner is subject to any applicable penalties.
"Sec. 13-2009. Duty to secure or board vacant building or structure.
"(a) The owner of any vacant building or structure shall lock, barricade, or secure all
doors, windows, and other openings to the vacant building or structure.
"(b) The owner shall keep the building or structure secured and safe and the premises
properly maintained until the rehabilitation or demolition has been completed.
"(c) Failure of the owner to maintain the building or structure that result in a summary
abatement completed by the City is grounds for revocation of the approved vacant
building or structure plan and timetable, and the owner is subject to any applicable
penalties.
"Sec. 13-2010. Standards for boarding a vacant structure.
"(a) Except as provided in subsection (c) of this section, the owner shall board a vacant
building or structure under the following specifications and requirements:
Vacanl Bldg Ord Final 051804.doc 7
"(1) All unsecured doorways, windows, or extedor openings must be barricaded
with minimum 1/2 inch thickness extedor grade plywood that extends to the
molding stops or studs.
"(2) At least two wood stocks of minimum 2 inch by 4 inch thickness must be
mounted to the reverse face of the plywood with minimum 3/8 inch cardage bolts
mated with nuts and two fiat washers.
"(3) The stock must extend a minimum of eight (8) inches on each side of the
intedor wall.
"(4) All hardware must be stainless steel or galvanized or cadmium plated.
"(5) All exterior barricade matedal must be painted the predominant color of the
structure, or a color approved by the Administrator.
"(b) The owner of a boarded vacant building or structure shall post the premises.
"(1) One or more signs must be posted at or near each entrance to the building
or structure and on fences or walls, as appropriate.
"(2) The signs must remain posted until the structure is either lawfully occupied
or demolished.
"(3) The signs must contain the following information:
"DO NOT ENTER
It is a misdemeanor to enter or occupy this building or
premises or to remove or deface this notice.
Trespassers will be prosecuted."
"(c) Instead of boarding a structure in the manner specified in by subsection (a) of this
section, the Administrator may allow the owner to secure the vacant building or
structure in a manner in which the Administrator determines adequately prevents
unauthorized entry or vandalism.
"Sec. 13-2011. Painting exterior wood panels on boarded-up building or
structures.
'~Nhen an owner boards up a building or structure within the City, the owner shall apply
at least one coat of exterior paint to the extedor wood panels installed on all openings,
windows or doors. The coat of exterior paint must be the predominant color of the
building or structure or a color approved by the Administrator.
Vacant Bldg Ord Final 051~04.doc 8
"Sec. 13-2012. Installing fence around the perimeter of building or structures.
"(a) If the boarding of a vacant building or structure fails to keep the building or
structure property secured, the owner shall install a minimum eight-foot high chain link
fence around the perimeter of the building or structure.
"(b) The owner of a fenced vacant building or structure shall post the premises.
"(1) One or more signs must be posted at or near each entrance to the building
or structure and on fences or walls, as appropriate.
"(2) The signs must remain posted until the structure is either lawfully occupied
or demolished.
"(3) The signs must contain the following information:
"DO NOT ENTER
It is a misdemeanor to enter or occupy this building or
premises or to remove or deface this notice.
Trespassers will be prosecuted."
"Sec. 13-20t3. Watchman required.
"(a) If boarding, fencing, the use of electronic monitoring systems, or other methods fail
to keep a vacant building or structure secured, the owner shall have a watchman on
duty upon the premises every day continuously between the hours of 4:00 p.m. and
8:00 a.m., unless the building has been secured by methods approved by the
,Administrator.
"(b) The watchman must remain on duty daily during the required hours until such
building is either legally occupied or demolished.
"Sec. 13-2014. Removing or repairing other structures.
",An owner shall promptly remove or repair any structure or s~gn that is in a condition of
decay or partial ruin by reason of neglect, misuse, or deterioration.
"Sec. 13-2015. Exemptions.
"(a) A building or structure that has suffered fire damage is exempt from the vacant
building or structure registration requirement for a period of ninety (90) days after the
date of the fire, if the property owner submits a request for exemption in wdting to the
,Administrator.
"(b) The request for an exemption must include the following information supplied by
the owner:
"(1) A description of the premises.
Vacant Bldg Ord Final 051804 doc 9
"(2) The names and address of the owner or owners.
"(3) A statement of intent to repair and reoccupy or demolish the building or
structure in an expedient manner.
"Sec. 13-2016. Entry or Interference with notice prohibited.
"(a) No person may enter or occupy any structure or premises that has been posted
under Sections 13-2010(b) or 13-2012(b), except to repair or demolish the structure
under proper permit or for a purpose authorized by the owner.
"(b) No person may remove or deface any notice that has been posted under Section
13-2010(b) or 13-2012(b) until the required repairs or demolition have been completed
or a Certificate of Occupancy has been issued by the Building Official.
"Sec. 13-2017. Inspections.
"(a) The Administrator may inspect any premises in the City for the purpose of
enforcing and ensuring compliance with the provisions of this article.
"(b) Upon the request of the Administrator, an owner shall provide access to all intedor
portions of an unoccupied building or structure in order to permit a complete inspection.
"Sec. 13-2018. ReinspecUon fee.
"(a) The Administrator may periodically reinspect vacant structures to ensure
compliance with the provisions of this article.
"(b) The Administrator may assess a reinspection fee of one hundred dollars ($100.00)
against the owner for actual costs of each reinspection and continuous monitoring of the
structure and premises as is reasonably necessary to determine compliance with the
standards and procedures in this article.
"Sec. 13-2019. Notification.
"Once every six (6) months the Administrator shall send to the City Council a list of all
vacant building or structures that have become known to the Administrator during the
preceding six (6) months, as well as a list of all previously declared vacant building or
structures that are no longer subject to the provisions of this article.
Sec, 13-2020. Notice and Order to Abate.
"(a) Upon finding a violation of this article, the Administrator shall serve a written Notice
and Order to Abate upon the owner.
"(b) The notice must advise the owner of the violation and comply with the
requirements of Section 54.004, Texas Local Government Code. The notice may give
Vacant B~lg Ord Final 051804.doc 1 0
the owmer up to sixty (60) calendar days from the date of the notice to abate the
violation.
"(c) If the owner fails to abate the violation within the period stated in the notice, the
City may, without further notice, abate the violation. The owner is liable for the costs
incurred by the City to abate the violation, including any administrative expenses,
material, and labor. If the owner does not reimburse the City for its expenses when
billed, the Administrator shall file a lien on property for the expenses incurred by the
"Sec. 13-2021. Continuous abatement authority.
"(a) If a vacant building or structure previously abated by the owner or the Administrator
under a Notice and Order to Abate again becomes unsecured and open to unauthorized
entry within one-year of the Notice and Order to Abate, and the Administrator has not
been informed in writing by the owner of an ownership change, the Administrator may,
without further notice to the owner, proceed to abate the nuisance and recover costs as
provided for in this article.
"(b) If the yards surrounding a vacant structure previously abated by the owner or the
Administrator under a Notice and Order to Abate again contain debds, rubbish, waste,
or excessive vegetation within one-year of the Notice and Order to Abate, and the
Administrator has not been informed in writing by the owner of an ownership change,
the Administrator may, without further notice to the owner, proceed to abate the
nuisance and recover costs as provided for in this article.
"Sec. 13-2022. Abatement cost.
"(a) Abatement costs include the costs to perform the actual work, the costs of
purchasing any needed materials and tools, and the City's cost to administer any
abatement.
"(b) Once the abatement is complete, the Administrator shall recover all abatement
costs under the procedures found in Chapter 214 of the Texas Local Government Code.
"Sec. t3-2023. Continuous public nuisances.
"(a) Any vacant building or structure that was originally secured by the owner's
voluntary actions may be declared a permanent public nuisance by the Administrator if
the structure continues to remain open and unsecured on a periodic basis, and requires
any additional reinspection or resecuring of the vacant building or structure.
"(b) The Administrator may seek demolition of a vacant building or structure that is a
continuous public nuisance by seeking a court order or following any of the
administrative abatement procedures found in this chapter.
"Sac. 13-2024. Appeal of Administrator's decisions and orders. A person may
appeal any decision or order of the Administrator to the Building Standards Board.
Vacanl Bldg Ord Final 051B04.doc 11
"Sec. t3-2025. Altsmaflve procedures. Nothing in this article may be deemed to
abolish or impair existing authority or remedies of the City.
"Sec. 13-2026. Prohibited acts: It is unlawful to:
"(a) Fail to submit a vacant building or structure registration within the time period
specified by subsection (a) of Section 13-2005.
"(b) Submit a vacant building or structure registration that does not comply with the
requirements of this article.
"(c) Fail to comply with the vacant building and structure plan and timetable that was
approved by the Administrator.
"Sec. 13-2027. Penalties.
"(a) Any person violating any provision of this article, or providing false information to
the Administrator, may be punished by a fine of not to exceed $2,000.
"(b) Any person convicted of a subsequent violation of this article may be fined not less
than $500 nor more than $2,000.
"(c) Violations of this article are treated as strict liability offenses. There is no need to
prove that the person had an intent to violate this article.
"(d) Violations of this article are violations of a rule, ordinance, or police regulation that
governs fire safety, zoning, or public health and sanitation, including dumping of refuse.
"(e) Each day any violation of this article continues constitutes a separate offense.
"Sec. 13-2028-13-2100. Reserved."
Section 2. A violation of any provision of this ordinance or requirements implemented
under this ordinance constitutes an offense punishable as provided in this ordinance.
Section 3. If, for any reason, 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, it will 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 of this Ordinance be given full force and effect for its purpose.
Section 4. Publication of this ordinance is to be made in the official publication of the
City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti,
Texas.
Vacant Bldg Oral Final 051804.doc 12
Corpus Chdsti, Texas
That the foregoing ordinance was read for the first time and passed to its second
reading on this the
Samuel L Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
day of
,2004. by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
,2004, by the following vote:
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PASSED AND APPROVED this the
ATTEST:
__ day of ,2004.
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: ,2004
Samuel L. Neal, Jr.
Mayor
for the City Attorney ,.~ ,.,
Vacant Bldg Ord Final 051804.doc 13