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Agenda Packet City Council - 08/31/2004
CITY COUNCIL AGENDA AUGUST 31, 2004 Corpus Ch risti Ail-America City 11:45 A, M. - Proclamation declaring September 11, 2004 as "Fireflghters Appreclaaon Day" ProctamaBon declaring the month of Seplember as "NaB:)nal AJcohol & Drug Addiction Recoveq/Month' Proclamation declaring the month of September as 'National Prostate Cancer Awareness Month' AGENDA CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD AUGUST 31, 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 ~he audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council MeeUng, whichever is earlier. Please speak into the mk;mphone located at the podium and state your name and address. Your presenfation will be llmited to thme mlnutes, ff you have e peti~3n or other lnformation pertalnlng to your subject, please present it to the Ci~ Secretary. Si Usted desea dldglrse al Concilio y cree que su ingl&s es limitado, habr~ un int&rpmte Ingl~Js-espat~ot en tedas las juntas del Concilio para ayudade. Persons with disabilities who plan to attend this mee~ng and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Samuel L. Neal, Jr. to call the meeting to order. B. Invocation to be given by Pastor Brian Crown, Bay Area Fellowship Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Samuel L. Neal, Jr. Mayor Pm Tem Javier Colmenero Council Membem: Brant Chesney Melody Cooper Henry Garrett Bill Kelly Rex Kinnison Jesse Noyola Mark Scott City Manager George K_ Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa __ E. MINUTES: 1. Approval of Regular Meeting of August 24, 2004. (Attachment # 1) Agenda Regular Council Meeting August31,2004 Page 2 F. BOARDS & COMMI'n'EE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items ara listed as motions, resolutions, or ordinances. If deemed appropr~ate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas ara incorporated herein for reconsideration and action on any racensiderad item. CONSENT AGENDA Notice to the Public The following items ara of a routine or administrative nature. The Council has been furnished with background and support matedal on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be with draw~ for indiv~dual consideration in its norrnal sequence after the items not raquidng separate discussion have been acted upon. The ramaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council w~ll vote on all motions, resolut~ns and ordinances not removed for individual consideration) Motion authorizing the City Manager or his designee to accept a grant in the amount of $5,000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. (Attachment # 2) Ordinance appropriating a grant in the amount of $5,000 in the No. 1061 Police Grants Fund from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. (Attachment # 2) CITY COUNCIL PRIORITY ISSUES (Rer~ ~ legend at We end o~ age~a summary) Agenda Regular Council Meeting August31,2004 Page 3 3.5. 4.5. Motion authorizing the City Manager or his designee to accept a grant in the amount of $41,404 from the State of Texas, Cdminal Justice Division for funding available under the Victims of Cdme Act (VOCA) Fund and to execute all related documents. (Attachment # 3) Ordinance appropriating a grant in the amount of $41,404 from the State of Texas, Cdminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Cdme Act (VOCA) Fund. (Attachment # 3) Motion authorizing the City Manager or his designee to execute all documents necessary with the United States Department of Housing and Urban Development (HUD) to accept and implement the FY 2004 Consolidated Annual Action Plan for Community Planning and Development (CPD) Programs that include the Community Development Block Grant, Emergency Shelter Grant and Home Investment Partnership Programs. (Attachment # 4) Ordinance appropriating $7,455,023 in the Community Development Block Grant Fund No. 1059 for the FY 2004 Consolidated Annual Action Plan for Community Planning and Development (CPD) Program projects/activities that include 1) $4,105,000 for FY 2004 Community Development Block Grant (CDBG), $800,000 of program income and $547,567 of reprogrammed funds; 2) $154,329 for FY 2004 Emergency Shelter Grant (ESG); and 3) $1,848,127 for FY 2004 Home Investment Partnership (HOME) Program for projects/activities approved by the City Council on Apdl 27, 2004. (Attachment # 4) Mo~Jon authorizing the City Manager or his designee to execute Subrecipient agreements for funds provided from the FY 2004 Community Development Block Grant (CDBG) Program and Emergency Shelter Grant (ESG) Program. (Attachment # 5) FY2004 CDBG Fundln;: 911 Park Place, doing business as Mission 911 to provide $50,000 for improvements to the facility such as renovating the garage/storage area in order to provide rooms for educational and meeting purposes, fencing the CITY COUNCIL PRIORITY ISSUES (Rear ~ lege~:l at ~e e~d o~ ~e agef~da s~rnrnary) Agenda Regular Council Meeting August 31, 2004 Page 4 perimeter of the property, provide lighting, improve the parking lot and provide landscaping. Accessible Communities, Inc. to provide $26,000 for the completion of Phase III of its property improvements with the construction of a new 40-foot by 90-foot parking lot and addition of a 8-foot by 1 O-foot canopy between the two buildings on its property. Boys and Girls Club of Corpus Chdsti to provide $110,000 for the completion of Phase III of the complex previously started which includes parking, soccer field, concession stand, score boards, bleachers, cement work and main building extedor door. Coastal Bend Alcohol and Drug Rehabilitation Center doing business as Chartie's Place to provide $26,741 for the renovation of four residential buildings. Corpus Chdsti Hope House, Inc. to provide $32,000 for improvements to the living conditions for residents at two locations. Mary McLeod Bethune Day Nursery, Inc. to provide $70,000 for facility improvements to Building A and/or Building B as originally proposed. Nueces County Community Action Agency to provide $80,000 that will weatherize homes of Iow to very-low income families to become energyefficient, reduce energy consumption and to provide a better living environment for children and families in the targeted areas. YMCA of Corpus Christi to provide $28,020 to improve accessibility to mobility impaired individuals through renovations of restroom area in the men's locker room. FY2004 ESG Funding: Catholic Charities of Corpus Chdsti, Inc. to provide $15,000 for the provision of Homeless Prevention IncJuding short term subsidies, security deposits or first CITY COUNCIL PRIORITY ISSUES (Refer to legend at ~e en~ c~ agenda sum. ma,'y) Agenda Regular Coun~l Meeting August31,2004 Page 5 month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Corpus Chdsti Hope House, Inc. to provide $15,000 for the provision of essential services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention will include short term subsidies, secudty deposits or first month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Corpus Chdsti Metro Ministries, Inc. to provide $45,000 for the provision of essential services including services concerned with employment, physical health and education of the homeless. Provision of Homeless Prevention will include short-term subsidies, security deposits or first month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Homeless Issues Partnership to provide $12,332 for the provision of essential services including services concerned with employment, physical hea~,h and education of the homeless. Mary McLeod Bethune Day Nursery to provide $15,000 for the provision of essential services including services concerned with employment, physical health and education for the homeless. The ARK Assessment Center and Emergency Shelter for Youth to provide $15,000 for the provision of essential services including services concerned with employment, physical health and education of the homeless. The Women's Shelter to provide $21,997 for the provision of essential services including services concerned with employment, physical health and education of the homeless. Provision of Homeless Prevention will include short-term subsidies, security deposits or first month's rent, mediation programs, legal services, and payment to prevent foreclosure on a home. CITY COUNCIL PRIORITY ISSUES (Re~' ~ le~ a[ U~e end o~ age~da summary) Agenda Regular Coundl Meeting August31,2004 Page 6 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $426,000 from the Community Youth Development Program for the 78415 ZIP Code for projects as recommended by the Community Youth Development Steedng Committee for FY 2004-2005. (Attachment ~6) Ordinance appropriating $426,000 from the Texas Department of Family and Protective Services in the No. 1060 Community Developmenl Grant Fund to fund the Community Youth Development Program in the 78415 ZIP Code for F'Y 2004-2005. (Attachment Motion authorizing the City Manager or his designee to execute a subcontract with the Boys and Gids Club of Corpus Chdsti in the amount of $54.254 to provide services for youth ages 6 to 17 in the 78415 ZIP Code_ (Attachment ~6) Motion authorizing the City Manager or his designee to execute a subcontract with Communities in Schools, Corpus Chdsti, Inc. in the amount of $188,490 to provide services for youth ages 5 to 17 in the 78415 ZIP Code. (Attachment fl6) Motion authorizing the City Manager or his designee to execute a subcontract with Corpus Chdsti Teen Court in the amount of $16,896 to provide services for youth ages 11 to 17 in the 78415 ZIP Code. (Attachment ~-6) Motion authorizing the City Manager or his designee to execute a subcontract with Planned Parenthood of South Texas in the amount of $15,221 to provide services for youth ages 12 to 17 in the 78415 ZIP Code. (Attachment ~6) Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey in the amount of $13,032 to provide services for youth ages 12 to 17 in the 78415 ZIP Code. (Attachment ~6) Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Chdsfi in the amount of CITY COUNCIL PRIORITY ISSUES (Refer tO legend aL ~'m end o~ age~da sL.H'nrnary) Agenda Regular Council Meeting August31,2004 Page 7 .8. 10. $49,394 to provide services for youth ages 14-17 in the 78415 ZIP Code. (Attachment #6) Ordinance authorizing the City Manager or his designee to execute a one year concession services Lease and Use Agreement with Leslea J. 'FCdow doing business as The Tee Box at both the Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course in consideration of Leslea J. Titlow doing business as The Tee Box paying 17% of monthly gross sales or $1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center; and 17% of monthly gross sales or $1,250 per month, whichever is greater, at the Oso Beach Municipal Golf Coume. (Attachment #7) First Reading Ordinance - Authorizing the City Manager or his designee to execute a five year concession services Lease and Use Agreement with Leslea J. Titlow doing business as The Tee Box at both the Gabe Lozano Sr. Golf Center and the Oso Beach Municipal Golf Course in consideration of Leslea J. Titlow doing business as The Tee Box paying 17% of monthly gross sales or $1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center; and 17% of monthly gross sales or $1,250 per month, whichever is greater, at the Oso Beach Municipal Golf Course. (Attachment #7) Motion authorizing the City Manager or his designee to execute Change Order No. 11 for the Multi-Purpose Arena (American Bank Center Arena) with Fulton Coastcon, Joint Venture, of Corpus Chdsti, Texas in the amount of $160,744 for vadous architectural, electrical, mechanical and structural modifications. (Attachment #8) Motion authorizing the City Manager or his designee to execute Change Order No. 10 for the Convention Center Expansion and Rehabilitation with Moorhouse/Beecroff, Joint Venture, LLC, of Corpus Chdsti, Texas in the amount of $308,145 for vadous architectural, electrical, mechanical, stnJctural and other modifications. (Attachment fig) Motion authorizing the City Manager or his designee to execute a Geotechnical Services Contract with Professional Services Industries, Inc. (PSI), of Corpus Chdsti, Texas in an amount not to exceed $39,690 for the Corpus Chdsti International Airport CITY COUNCIL PRIORITY ISSUES (Rei'er to legend at ~e e~d of li3e agenda sumrna~) Agenda Regular Council Meeting August31,2004 Page 8 11. 12. Runway 13/31 Rehabilitation, Oveday, Blast Pads, Shoulders, Edge Lighting and Associated Site Work. (Attachment #10) Motion approving the application from Bayfest, Inc. to temporarily dose the following street sections for the Bayfest 2004 Festival, September 15 - September 28, 2004: (Attachment #11) Northbound Shoreline Boulevard (inside lane only), from the north right-of-way of Power Street median crossover (exclusive of the median crossover at Power Street) to Fitzgerald Street, beginning at 9:00 a.m., Wednesday, September 15, 2004 through 5:00 p.m., Fdday, September 17, 2004; Southbound Shoreline Boulevard (full closure), from the south right-of-way of Fitzgerald Street to the north right-of- way of Power Street, beginning at 9:00 a.m., Wednesday, September 15, 2004 through 5:00 p.m., Wednesday, September 28, 2004; Northbound Shoreline Boulevard (full closure), between north right-of-way line of Power Street and the north right- of-way of Fitzgerald Street, from 2:00 p.m., Thursday, September 16, 2004 at 5:00 p.m. through 6:00 a.m., Monday, September 27, 2004; North Water Street (full closure), between Fitzgerald Street and Palo Alto Street from 8:00 a.m., Thursday, September 16, 2004 through 6:00 a.m., Monday, September 27, 2004; Palo Alto Street, east half between North Water Street and southbound Shoreline Boulevard; Fitzgerald Street between North Water Street and Shoreline Boulevard and North Water Street, south half between Fitzgerald Street and Resaca Street from 8:00 a.m., Thursday, September 16, 2004 through 6:00 a.m., Monday, September 27, 2004. Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company of Houston, Texas to drill an oil or gas well at an exceptional location, approximately five (5) miles eastedy of the madna area In Corpus Chdsti Bay, State Tract 54 Well No. 4. (Attachment #12) CITY COUNCIL PRIORI'rY ISSUES (Re~' Io legend at I~e end o~ the agenda surnma~) Agenda Regular Council Meeting August 31, 2004 Page 9 13. 14.a. 14.b. 15.a. 15.b. 16. Resolution expressing official intent of the City of Corpus Chdsti to reimburse $25,000,000 in costs with respect to the construction of improvements to the city's utility system. (Attachment #13) Motion approving the Transmission and Grid Main Construction and Reimbursement Agreement submitted by Mostaghasi Investment Trust, owner and developer of King's Garden, Unit 2 subdivision located east of Cimarron Boulevard south of Lens Ddve for the installation of 387 linear feet of a 12-inch PVC water gdd main. (Attachment #14) Ordinance appropriating $12,141.91 from the Water Artedal Transmission and Gdd Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 387 linear feet of a 12-inch PVC water gdd main to develop King's Garden, Unit 2 subdivision. (Attachment #14) Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Alex Azali, owner and developer of Queen's Crossing, Unit I subdivision located east of Cimarron Boulevard south of Lens Drive for the installation of 511 linear feet off-site and 553 linear feet onsite, overdepth, oversized 12-inch PVC sanitary sewer collection line along Cimarron Boulevard between Lens Drive and the southern limit of the subject subdivision. (Attachment #15) Ordinance appropriating $61,982.28 from the Sanitary Sewer Collection Line Trust Fund No. 540450-4220 to payAlexAzali, for the installation of 511 linear feat off-site and 553 linear feet onsite, overdepth, oversized 12-inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Construction and Reimbursement Agreement, to develop Queen's Crossing, Unit I subdivision. (Attachment #15) Ordinance authorizing the City Manager or his designee to execute a Participation Agreement with Alex Azali, owner and developer of Queen's Crossing, Unit 1 subdivision, for public street improvements on Oso Parkway, an urban parkway abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $14,694.82 for City's share of costs of the improvements. (Attachment #16) CI'FY' COUNCIL PRIORITY ISSUES (Reft' Io legend a/63e ef~d o~ tim agenda summary) Agenda Regular Council Meeting August31,2004 Page 10 17.a. 17.b. 18. 19.a. 19.b. 20.a. Motion approving the Transmission and Gdd Main ConstnJction and Reimbursement Agreement submitted by Alex Azali, owner and developer of Queen's Crossing, Unit 1 subdivision located east of Cimarron Boulevard south of Lens Drive for the installation of 715 linear feet of a 12-inch PVC water gdd main. (Attachment #17) Ordinance appropriating $27,096.53 from the Water Artedal Transmission and Gdd Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 715 linear feet of a 12-inch PVC water gdd main to develop Queen's Crossing, Unit 1 subdivision. (Attachment #17) First Reading Ordinance - Amending the Platting Ordinance of the City of Corpus Chdsfi by revising Section III. I. 3. f), and Section V. B. 11. c) 4), removing the requirement for Texas General Land Office written approval of State boundary determination of State- owned submerged lands. (Attachment #18) PUBLIC HEARINGS: Public headng to consider abandoning and vacating a 26,014- square foot portion of an undeveloped and unsurfaced 20-fout wide dedicated public right-of-way out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (approximately 210-feet south and east of the Brockhampton Street and Cimarron Boulevard intersection). (Attachment #19) Ordinance abandoning and vacating a 26,014-square foot portion of an undeveloped and unsurfaced 20-foot wide dedicated public right-of-way out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts (approximately 210-feet south and east of the Brockhampton Street and Cimarron Boulevard intersection); subject to owne¢s compliance with the specified cenditJons. (Attachment #19) Public headng to consider abandoning and vacating a 44,005- square foot portion of an undeveloped and unsur[aced 40-foot wide dedicated public right-of-way out of Lots 12-13 and 20-21, Section 11, Flour Bluffand Encinal Farm and Garden Tracts (approximately 0.52 miles south of Saratoga Boulevard and 334-feet east of the South Staples Street right-of-way). (Attachment #20) CITY COUNCIL PRIORITY ISSUES (Refer I.~ Jege~d at ~e ettd o~ Iha agenda summary) Agenda Regular Council Meeting August 31, 2004 Page 11 20.b. 21. 22. Ordinance abandoning and vacating a 44,005-square foot portion of an undeveloped and unsurfaced 40-foot wide dedicated public right-of-way out of Lots 12-13 and 20-21, Section 11, Flour Bluff and Encinal Farm and Garden Tracts (approximately 0.52 miles south of Saratoga Boulevard and 334-feet east of the South Staples Street right-of-way); subject to owner's compliance with the specified conditions. (Attachment #20) ZONING CASES: Case No, 0704-03, Lou-Tex Medical Venture, LLC: A change of zoning from a "R-lB" One-family Dwelling District to a "B-4' General Business District. The property is in Bass Subdivision, Block 29, Lot O, located on the north side of Saratoga Boulevard and 400 feet east of Aidine Road. (Attachment ~21) Plannin(~ Commission and Staff's Recommendation: Denial of the "B-4" General Business District, and in lieu thereof, approval of a "B-l" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance upon application by Lou-Tex Medical Venture, LLC by changing the zoning map in reference to Bass Subdivision, Block 29 Lot O, from a "R-lB' One-family Dwelling Dis~ct to a "B-l" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Case No. 0704-04, Wayne Meyn A change of zoning from a "F- R" Farm-Rural Distdct to a "RE' Residential Estate District. The property is 9.890 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 24B located on the west side of Waldron Road and 600 feet south of Yorktown Boulevard. (Attachment ~Z,?.) Planning Commission and Staff's Recommendation: Approval of a "RE" Residential Estate District. ORDINANCE Amending the Zoning Ordinance upon application by Wayne Meyr by changing the zoning map in reference to 9.890 acres out of CITY COUNCIL PRIORITY ISSUES (Re~er to legend at Ute end of the ag~da summary) Agenda Regular Council Meeting August 31,2004 Page 12 Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 24B, from a "F-R" Farm-Rural Distdct to a "RE" Residential Estates District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. 23. Case No. 0704-05, Martin Ortiz: A change of zoning from a "F- R" Farm-Rural Disthct to a "R-1 B" One-family Dwelling District. The property is 40.02 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 17 and 18, located on the east side of Cimarmn Boulevard and 180 feet south of Brockhampton Street. (Attachment #23) Planning Commission and Staffs Recommendation: Approval of a "R-lB" One-family Dwelling District. ORDINANCE Amending the Zoning Ordinance upon application by Martin Ortiz by changing the zoning map in reference to 40.02 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 17 and 18, from a "F-R" Farm-Rural Distdct to a "R-1B' One-family Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan. Je PRESENTATIONS; Public comment will not be solicited on Presentation items. 24. Fourth Quarterly Update on the City's Title II Transition Plan, under the Amedcan with Disabilities Act (ADA). (Attachment ~4) K= REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: CITY COUNCIL PRIORITY ISSUES (Ref&- t~ legend at ~e end o~ IJ3e agenda sumrna~y) 25. Motion authorizing the City Manager or his designee to execute a construction contract with Ramos Industries, of Pasadena, Texas in the amount of $1,755,384 for the Water Main Improvements Elizabeth StreetJ19th Street. (Attachment #25) 26.a. Ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus Chdsti, Texas for tax year 2004 and for each succeeding year thereafter until otherwise provided and Agenda Regular Council Meeting August31,2004 Page13 CITY COUNCIL PRIORITY ISSUES (Refe~ ~o legend a[ the end o[ agenda summary) ordained and such other year as the same may be applicable. (Attachment #26) 26.b. Motion approving the 2004 Tax Levy of $61,131,691 based on the adopted tax rate of $0.634175 per $100 valuation, in accordance with Section 26.09(e) of the Texas Property Tax Code. (Attachment 27.a. Motion to amend pdor to Second Reading the Ordinance amending Chapter 13, Code of Ordinances, by adding a new Article III relating to vacant buildings; providing for penalties; and providing for publication, which was adopted on First Reading on August 13, 2004, by revising Section 13-3009_ (Attachment #27) 27.b. Second Reading Ordinance - Amending Chapter 13, Code of Ordinances, by adding a new Article III relating to vacant buildings; providing for penalties. (First Reading 8/17/04) (Attachment #27) PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree qua su ingl~s es limitado, habr~ un int~rprele ingl~$-esparlol en la reunion de la junta para ayudafle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERS ON, 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 FIRS T AMENDMENT RIGH TS. Agenda Regular Coundl Meeting August31,2004 Page 14 CITY COUNCIL PRIORITY ISSUES (Rear ~ legend at Ihe end or agenda summary) M. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any tirne du#ng the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of ~he Open Meeting Act, Chapter551 of the Texas Govemment Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. N. REPORTS: The following reports include questions by Council to Staff ragarding Ciby policies or activYdes; 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; fo#ow-up on Staff assignments; scheduling of futura Council meetings and activities; and other brief discussions regarding city-related matters. 28. CITY MANAGER'S REPORT * Upcoming Items 29. MAYOR'S UPDATE 30. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, atol:0~)p.m., August 27. 2004. City Secretary Agenda Regular Council Meeting August 31, 2004 Page 15 NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Intemet by Monday morning. Symbols used to highlight action item that implement council priority Issues. CITY COUNCIL PRIORITY ISSUES (Re [a¢ ~ lege~:l at a'~e end o~ the age~:la summary) 1 P~SE~ Mayor Mayor MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting August 24, 2004 - 10:00 a.m. Samuel L. Neal Jr. Pro Tem Javier Colmenero Council Members: Brent Chesney Melody Cooper (Arrived at 10:02 a.m_) Henry Garrett Bill Kelly Rex Kiunison 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 Assistant Pastor Wil Brannen of South Shore Christian Church and the Pledge of Allegiance to the United States flag was led by Council Member Kelly. 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 August 17, 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: Arts & Cultural Commission Deborah Fullerton (Reappointed) Elia Gutierrez (Reappointed) J. Don Luna (Reappointed) Rose Zuniga (Reappointed) Brian York (Appointed) Dr. Judith Prewitt (Appointed) Ed Grove (Appointed) Chad Luhan (Appointed) Daniel Garza (Appointed) Mayor Neal called for consideration of the consent agenda (Items 3-9.a.). City Secretary Chapa noted that Item 9.a_ was added as a supplemental agenda item. Council Member Scott was concerned about a conflict of interest issue related to Item 4, and he asked the Council to pull this item until the issue was resolved. There were no comments fxom the audience. A motion was made and passed to approve Items 3 through 9.a_, constituting the consent agenda, except for Item 4, Minutes - Regular Council Meeting August 24, 2004 - Page 2 which was pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2004-320 Motion approving the purchase of fifl3~-four sets of educational video and audio cassettes fi.om National Educational Systems, Inc., of San Antonio, Texas based on sole source for a total amount of $37,856. The video/audio cassettes will be used by the member Libraries of the South Texas Library System (STLS). Funds are available from the South Texas Library System Grant. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". 5. MOTION NO. 2004-321 Motion authorizing the City Manager or his designee to execute an agreement between the City of Corpus Christi and Mr. Ron Lewis, of Austin, Texas for governmental relations services relating to general water issues. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye"_ 6. ORDINANCE NO, 025906 Ordinance appropriating $170,000 from the unappropriated settlement proceeds fi.om Gulfterra Energy Partners, L. P. in City Hall Capital Improvement Program Fund No. 3160; transferring $170,000 to and appropriating in General Fund No. 1020 Legal Services for professional services to obtain compensation fi.om pipeline companies for use of city property; amending FY 2003-2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $170,000; amending FY 2004-2005 Operating Budget adopted by Ordinance No. 025878 to increase appropriations by $170,000_ An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kirmison, Noyola and Scott, voting "Aye"_ Minutes - Regular Council Meeting August 24, 2004 - Page 3 7.a. ORDINANCE NO_ 025907 Ordinance authorizing the City Manager or his designee to execute a one year Lease Amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of city property (Art Museum of South Texas Building) in consideration of lessee operating the museum for the benefit of the public and to further public appreciation of art. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Ga.n'ett, Kelly, Kinnison, Noyola and Scott, voting "Aye"_ 7_b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a thirty year Lease Amendment to the Art Museum of South Texas Lease dated March 19, 1996 with the Corpus Christi Art Foundation, now the South Texas Institute for the Arts, Inc. ("Lessee") for use of city property (Art Museum of South Texas Building) in consideration of lessee operating the museum for the benefit of the public and to further public appreciation of art. The foregoing ordinance was passed and approved on its ftrst reading with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". ORDINANCE NO, 025908 Deleting Division 12, Business Resource Center Steering Committee fi.om Chapter 2 of the Code of Ordinances; amending Chapter 2 of the Code of Ordinances to establish the Small Business Advisory Committee. (First Reading 8/17/04) 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". ORDINANCE NO, 025909 Amending Section 19-1 of the Code of Ordinance relating to definitions; enacting Subsections 19-3.1, 19-3.2, 19-3.3, 19-3.4, and 19-3.5 to establish a restaurant rating system; providing for penalties; providing an effective date of September 1, 2004. (First Reading 8/17/04) 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 Scoa, voting "Aye". Minutes - Regular Council Meeting August 24, 2004 - Page 4 9.a. ORDINANCE NO. 025914 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 ora bond purchase contract and an escrow agreement; and all other matters related thereto; and providing that this Ordinance shall be in force and effect from and al~er 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 referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0704-01. L. J. Kuan and Terry Mergele: A change of zoning from a "B-l" Neighborhood Business District to a "B-4" General Business District. The property is in Koolside, Block 9, Lot 15, located on the west side of Airline Road and 300 feet north of Lum Avenue. City Secretary Chapa said the Planning Commission and staffrecommended the denial of the "B-4" General Business District, and in lieu thereof, approval ofa "B-1" Neighborhood Business District with a Special Permit subject to ten (10) conditions and site plan. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Colmenero, and passed. Mr. Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 025910 Amending the Zoning Ordinance upon application by L.J. Kuan and Terry Mergele, by changing the zoning map in reference to Koolside, Block 9, Lot 15, (currently zoned "B- 1" Neighborhood Business District) by granting a Special Permit for an auto sales lot subject to a site plan and ten (10) 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Minutes - Regular Council Meeting August 24, 2004 - Page 5 Case No. 0704-02. Messianic Fellowship Church of Corpus Christi: A change of zomng from a "R-lB" One-family Dwelling District to an "A-I" Apartment House District. The property is in a 0.48 acre tract of land recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas, located on the north side of Mueller Street and 500 feet west of Leopard Street. City Secretary Chapa said the Planning Commission and staffrecommended approval of an "A-1" Apartment House District_ Mayor Neal asked for public comment. Mr. Saul Rascon, 914 Nandina, spoke against the proposed housing development because of traffic concerns. Assistant Director of Development Services Michael Gunning replied that the city's traffic engineering department had indicated that Nandina Street and Mueller Street would be able to handle the additional traffic for the development. He said the applicants were proposing to build 48 affordable housing un its on the proposed property, and staff felt this development would provide a good buffer between the commercial areas in the south and the residential areas in the north_ Finally, Mr. Gunning said the proposed project would introduce new development in an area that had not seen any for many years, and could be an improvement to the neighborhood. Mr_ Abel Alonzo, 1701 Thames, spoke in favor of the proposed development, saying that the opposition was primarily because the project was for affordable housing_ A motion was made, seconded, and passed to close the public hearing. Mr_ Kelly commented that the proposed development was near Oak Park Elementary School, and the bulk of the traffic would probably be concentrated on Mueller and Lancaster Streets. He noted, however, that there were plans to move this school site to Leopard Sa'eeL and thus school traffic concerns would not be an issue much longer. Mr. Kelly asked if the developer planned to run the facility or planned to resell it. Reverend Bob Jones, the project developer, answered that the project would be owned and maintained by the Messianic Fellowship Church of Corpus Christi, saying that it would be a good-quality project. Mr_ Noyola asked if staffcould address Mr. Rascon's lxaffic concerns by installing speed humps in the area. Mr. Gunning stated that speed humps could be considered if the residents still felt traffic was a problem after the development was in place. City Secretary Chapa polled the Council for their votes as follows: 11. ORDINANCE NO, 025911 Amending the Zoning Ordinance upon application by Messianic Fellowship Church of Corpus Christi by changing the zoning map in reference on 0_48 acre tract recorded in Volume 283, Page 205, Deed Records of Nueces County, Texas fi.om "R-lB" One-family Dwelling District to "A-l" Apartment House District; 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, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye". Minutes - Regular Council Meeting August 24, 2004 - Page 6 Mayor Neal opened discussion on Item 4 regarding the acquisition utility and construction easements for the Southside Water Transmission Main project. There were no comments from the audience_ City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO, 2004-321 Motion authorizing payment of the Special Commissioners' Condemnation Award of $31,505.63 for the acquisition of Parcels 429, 436, and 437, each containing a Utility and Temporary Construction Easement, all located along Rodd Field Road between Wooldridge Road and Saratoga Boulevard, 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". Mayor Neal referred to Item 12, the presentation on the day's agenda regarding the Governor's large scale desalination feasibility study. Assistant City Manager Ron Massey introduced Mr. Mark Lowry with Turner Collie & Braden, the city's consulting team, to discuss the results of the draft report on the study before it is released to the public. After a thirty day public review period, the report would then be finalized and submitted to the Texas Water Development Board at the end of September for funding consideration. Mr. Lowry began by introducing the members of the consulting team as follows: Mr. Stan Williams, RVE Inc., BI-IP Inc., and Olivarri and Associates. He then provided a summary of the tasks examined in the report as follows: site selection; treatment requfl'ements; byproduct disposal; parmerships; water transfers; power sources; project development and funding; cost model development; and draft and final report. He said he would cover each task individually. Mr. Lowry reported that the team undertook a number of public information activities to obtain public input as follows: a kickoff meeting; a meeting with Region N of the Texas Water Development Board; created and disseminated a project fact sheet; posted information on the city's website; and participated in an Oso Bay workshop sponsored by the Coastal Bend Bays Foundation. In addition, Mr. Lowry said the team had a 50 percent review meeting for both the public and Region N. Finally, he said two additional meetings with the public and with Region N were beth scheduled on September 9, 2004. Mr. Lowry stated that copies of the draft report would be available for public review at public libraries, city hall, and other locations. He said public comment would be accepted through September 16. Mr. Lowry briefly reviewed the results from Task 1, the site requirements. He said the Bm-ney Davis power plant was the selected site bemuse it was located at the exact opposite location fxom the direction in which the city was feeding its water now, increasing the capacity of the city's large distribution lines_ In addition, he said the site would provide a backup water source. Mr. Lowry noted that the site had undergone a recent ownership change, and as of July 29, it was owned Minutes - Regular Council Meeting August 24, 2004 - Page 7 by Topaz Power Partners. Regarding Task 2, treatment and disposal issues, Mr. Lowry reported on the water quality issues for the bay waters. He said the bay waters had high salinity levels, which meant a higher cost for a desal plant, but data was lacking on silt density and trace metals. Red tide and changes in turbidity were also issues, so the team was recommending a robust treatment process. Mr. Lowry discussed a number of byproduct management issues. He said, ideally, there would be no discharge into the bays if there was an alternative_ He noted that the local bays were already fi'eshwater limited, and the city was enhancing the fi'eshwater inflows with wastewater effluent. He said, however, that the available alternatives (ponds and evaporation, concentrators and crystallizers) were too expensive. Deep well injection and potential reuse as a raw material were also eliminated as feasible alternatives. Finally, he said the team was calculating the costs for off shore d~scharge_ Regarding Task 3, source-water blending, Mr. Lowry said there was minimal groundwater data available. He said large volumes of water were needed to blend, at least 10,000 to 20,000 mg/l, but there were no water sources with sufficient quantities to make dilution of the feedwater feasible. Potential subsidence was also an issue, and blending was further complicated because there was no data on trace metals. Mr. Lowry reported on lessons learned from other desal efforts. First, the team determined that pretreatment is critical. He said it was important to assume the worst-case quality conditions and wide variations in quality. Other lessons learned were to cost offshore intake; keep in mind that the municipality may have to operate the plant; and that groundwater use was not viable. Regarding Task 4, creating partnerships, Mr. Lowry said it had been difficult to build partnerships until the ownership of the Barney Davis power plant had been finalized, which took place on July 29. The team did develop a list of research issues, and discussed the possibility of public private partnerships, although the city has satd that they were not interested in teaming with a private entity at this point because it lessens their ability to have a competitive process. Finally, he said potential customers may be partners. Mr. Lowry then discussed Task 5, water la-ansfers. He said the team developed a list of large water users fi-om regional plans, and updated estimated costs. He commented that many potential users were currently looking into groundwater as a water source, and thus were not ready to make further commitments to surface water supplies until the groundwater options were exhausted. Regarding Task 6, power sources, Mr. Lowry said the new owners of the Barney Davis plant, Topaz Power Parmers, have indicated a potential for lower-cost power once a retail electric provider can be developed to retail the power fi'om the Barney Davis plant to the desal plant. He said staff was further investigating this option. He said the power costs were estimated at $.065/kwh, based on available supplies and a retail power cost, but it may be possible to achieve lower costs. He noted that wind-generated power appeared to be close in cost for the desal plant if costs remained at the $.065 level. Mr. Lowry reported on the results of Task 7, project funding and structure. He said the costs Minutes - Regular Council Meeting August 24, 2004 - Page 8 developed in the report were estimated using conventional Design/Bid/Build project delivery methods. Alternative project delivery methods were also delineated in the report, including the Design/Build/Own/Operate/Transfer model, which provided a generally shorter project development lead time and somewhat lower costs. He noted, however, that Design Build project delivery methods were currently unavailable to municipalities in Texas, but were presented in the event that current laws were changed prior to the development of the project. Mr. Lowry reviewed a slide illustrating the best options for the disposal of the discharge. He first described Disposal Option No. 1, the desal plant with an off-shore intake to reduce the total dissolved solids in the plant feedwater and with an off-shore discharge to eliminate the impact on the near shore bay. He said Option No. I would have the best chance for obtaining a permit. Disposal option No. 2 would use the existing Barney Davis power plant intake, and would require a larger desal plant because of the high salinity in the Laguna Madre. Finally, the team looked into using the intake at Barney Davis fi.om the existing cooling water and discharging it into Oso Bay. He said there was some sentiment in the environmental community that the circulation water fi'om Barney Davis was a benefit to Oso Bay by flushing the system out_ Mr. Lowry then discussed Task 8, the cost model development. He said the cost model was constructed taking into consideration what the city was spending now, and what the city intended to spend over the next 30 years. Using these factors, the team estimated the cost of water for the selected processes at the Barney Davis site. He said the team reviewed the model with city staffto be sure of the accurate use of city data. In addition, he said they developed comparative costs with and without desalination and solved for any subsidy needed. The team also looked at the potential for selling water to other locations, and subsequently assumed that $5 million in annual revenues could be generated fi.om surplus water sales. Finally, Mr. Lowry thscussed the results and conclusions of the report. He said the recommended project was approximately $197 million with offshore intake and discharge because it was the most reliable and most permittable of all the options. He also said the proposed Barney Davis power plant location was the most beneficial to the city. Most importantly, he said the cost of the water was estimated to be approximately $1,332 per acre foot. An annual subsidy of $25 million was needed in addition to water sales revenue to make the project revenue-neutral to the citizens. Mr_ Lowry noted, however, that alternative configurations using the existing intake and the existing discharge point would result in significant cost reductions, but would probably result in more permit opposition. The cost of water under this scenario was around $1,000 per acre foot, with annual subsidy of $18.5 million needed. He emphasized that the estimated subsidies were large because the city had much less expensive water sources now. Mr. Colmenero asked if there were any technological advances on the horizon for desalination. Mr. Lowry replied that new technology could fred ways to improve the reverse osmosis process by extending the life of the membranes, reducing the cleaning fi.equency of the membranes, and emphasizing pre-treatment. Nevertheless, Mr. Lowry said the improvements would probably not cut the cost of reverse osmosis in half (current costs are $3 per thousand gallons). Mr. Scott asked about the feasibility of wind power, commenting that the study results Minutes - Regular Council Meeting August 24, 2004 - Page 9 indicated that it was almost competitive with other conventional sources of power, such as natural gas. Mr. Lowry replied that the power costs were estimated at $.065/kwh, and at this level, wind power was competitive. Topaz Power Parmers, the owners of Barney Davis, have not decided on an energy retailer yet, but have indicated that they would be willing to offer the city reduced energy costs. The potential reduction in power costs could make wind power much less competitive. Mayor Neal opened discussion on Item 13 regarding the operations of the J.C. Elliott landfill and the Cefe Valenzuela landfill at, er it is constructed and operational_ Assistant City Manager Ron Massey reported that previous Council action directed staffto complete the operations at the existing J. C. Elliott landfill until present permitted capacity is reached_ The Council also directed staff to begin development of the Cefe Valenzuela landfill to be able to accept and dispose of waste upon the closure of the J.C_ Elliott landfill. The Council further requested staff to report back with recommendations regarding the RFP for the operation and development of city landfills, which would be the focus of today's discussion. Mr. Massey stated that the landfill operational concept was comprised of the following elements: identify public/private parmership opportunities; acquire more waste tonnage; and further reduce city expenses_ Mr. Massey then discussed the landfill RFP process to date. The RFP was issued on September 2002, and proposals were received in October 2002. Of the three RFPs received, the evaluation results indicated that BFI Inc_ provided the best value. The Council was notified in January 2003, with preliminary negotiations taking place between January 2003 and the present. He said the landfill option decision was made in March 2004. Mr. Massey covered the budgeted solid waste revenues and expenditures for FY 2004-05. Total revenues were $21,351,458 and expenses amounted to $15,094,237, totaling a net contribution to the general fund of $6,257,221. Mr. Massey then covered the FY 2004-05 landfill expenditures, totaling $4,862,530_ He said J.C. Elliott landfill's current total tonnage was 419,000 tons, comprised of the following elements: city collections: residential - 108,000; dirty brush - 18,000; other city waste - 35,000; put-or- pay haulers - 225,000; and non put-or-pay haulers - 33,000. Mr. Massey stated that the city's two landfill operation options were to continue ctty operation of the landfill or enter into a public/private partnership, otherwise known as a "push and pack" concept. The city's responsibilities under the "push and pack" concept would involve the following components: maintain control of all rates and all revenues; maintain permits and regulatory issues such as waste screening and scale house; and assume responsibility for capital costs, an estimated $30.9 million. BFI's responsibilities under the "push and pack" concept would require BFI to provide equipment and labor, including burying waste, landfill maintenance, quarterly brush grinding, and support of city sponsored events. Mr_ Massey discussed the details of BFI's current offer, pending the Council's approval to finalize negotiations. BFI was guaranteeing a minimum of 150,000 tons per year, and he pointed Minutes - Regular Council Meeting August 24, 2004 - Page 10 out that the city would need to negotiate put-or-pay contracts w/th the other haulers. He said BFI would not charge for the tonnage acquired through city-sponsored events, and would provide fee disposal days (2,000 tons a year) and fl-ce residential mulch (3,000 tons a year). Finally, he said the city would pay $6.92 per ton for all landfill waste except for the above noted exceptions. Mr. Massey covered a chart delineating a comparison of potential rate increases under city operations or BFI operations. He stated that if the city were to operate the landfill, in FY 2012-13, the residential rates would increase by $5 28 a month and the commercial hauler's gate rate would increase to $49_10_ Under the BFI push and pack contract, Mr. Massey said the increase for residents under the same time fi-ame would be $2.00 a month for residents and $29.61 for the gate rate_ He stressed that the reason BFI could offer lower rates was because of their guaranteed tonnage. Mr. Massey then mentioned the remaining details in the BFI contract negotiations that were still pending, including the following elements: length of the contract; staff resources - 30 FTEs (landfill staff - 22 filled FTEs, 8 vacancies; city retains 7 FTEs); and the transition to the Cefe landfill. Regarding staffresources, he stated that of the 30 positions at the landfill, the city would retain 7 positions. The remaining employees would be offered employment by BFI, and those who opted not to accept BFI's job offer could seek city employment through the RIF procedures. Mr. Massey discussed the anticipated results of the "push and pack" contract as follows: long-term contract; charge for every ton buried; long-term savings for the city; city sets gate rate; guaranteed waste stream; and the city's operational expenses and equipment purchases eliminated. Thus, he said staff was recommending the approval of the "push and pack" operations concept at the landfill, and was also requesting authorization to develop the fmal contract with BFI. Future actions would include the approval of the final contract during the first quarter of 2005, the consideration of bond issuance and legal and engineering issues for the Cefe landfill, and closure of the J.C. Elliott landfill. Mr. Colmenero commented that he liked the proposed rates under BFI's operation of the landfill. He asked if the citizens would notice any change in service during the transition to BFI. Mr. Massey replied that citizens would probably notice improvements in the service. Mr. Noyola sought assurances that if BFI were to assume operation of the landfill, they would take care of current city employees and they would lxeat small haulers equitably. Regarding the small haulers, Mr. Massey stated that the BFI contract would help the small haulers due to the guaranteed tonnage, reducing their costs. Regarding the elimination of city positions, he said the landfill employees would be offered employment by BFI or they could accept positions requiring similar skills in other city departments. Mr. Noyola asked how much the city would save by transferring landfill operations to BFI. Mr. Massey replied that the main advantage was the guaranteed tonnage, which would equate to a $17 million savings over eight years. Mr. Scott asked a number of questions regarding the route the trucks would take fi.om the J.C_ Elliott landfill to the Cefe landfill. He was concerned about future development south of Oso Bay. Mr. Massey replied that the tracks leaving Elliott would go to the intersection of Ayers and Weber, and then turn right toward the Staples area. Minutes - Regular Council Meeting August 24, 2004 - Page 11 Mr. Noyola clarified that the city would still maintain and operate garbage collection, and that the BFI conU'act would only affect landfill operations. Mayor Neal asked for public comment. Mr. John Torrey with Captain Hook Dumpsters, stated that the BFI offer seemed like a good start, and he also said he had noticed an improvement in the enforcement of citations for illegal haulers. Mr. Bill Kopecky, 3609 Topeka, expressed concerns that the roads to and fi.om the landfill were in good condition and would be able to handle the heavy traffic. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2004-323 Motion authorizing the City Manager or his designee to complete RFP negotiations with BFI, Inc. and present the Council with a contract for consideration. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye"; Colmenero was absent. Mayor Neal opened discussion on Item 15, the ordinance calling for the election on the Bond 2004 propositions. City Manager Noe stated that at last week's meeting, the Council had directed staff?to include a full budget increment for the Bayfront project. He said staff was confident that $11,684,000 would allow staff to complete the northern portion of the project fi.om IH-37 past the courthouse. This adjustment brought the total Bond Issue 2004 package price to $95 million (see Attachment A included as part of these minutes). City Engineer ~ngel Escobar desca-ibed the proposed Bayfi.ont Master Plan, Phase 1 project He said the project consisted of funding to implement the first phase of the Shoreline Boulevard realignment fi.om one block north of IH-37 to Resaca S~'eet. The proposed work would include the reuse of the existing southbound traffic lanes, restructuring of the existing traffic medians, and demolition and reconstruction of the northbound traffic lanes. He said the multi-phased project would enable the Bayfi-ont Master Plan to be implemented with various components for streets: six 11-foot traffic lanes with two eight-foot wide parking lanes and associated ADA parking and bus turnouts; esplanade traffic medians, with protected left turn lane; landscaping of esplanade traffic medians to include irrigation, palms, ground cover, and hardscape; eight-foot wide sidewalk sections adjacent to the street; new sla-eet lighting; and necessary storm sewer, fire water line relocation, traffic barricading, lane striping, signage, and required appurtenances to complete the project_ Phase 1 would also include the following park improvements: creation of new park and pubhc area adjacent to existing seawall; and landscaping of park area to include top soil and sodding, irrigation, palms, ground cover, shrubbery, additional trees, hardscaping, pavers, and other amenities including artwork_ Mr. Kinnison commented on the proposed ballot language for propositions one through five. He expressed concern that the ballot language was too general, and preferred the more specific ballot language that was used in Bond 2000. To address this concern, City Manager Noe answered that Minutes - Regular Council Meeting August 24, 2004 - Page 12 staff had drafted an ordinance including using a brief summary statement describing each of the propositions followed by a detailed project list. He added that bond counsel was also recommending less specific ballot language. Mr. Kinnison asked for more information on what Del Mar's ballot would look like. City Secretary Chapa answered that Del Mar would have one at-large representative race, two district representative races, and a tax freeze proposition. Mr. Kinnison remarked that the city was planning to have five bond propositions and a tax freeze proposition, and if all the charter amendments were added, could expand to a maximum of 16 votes. Thus, a shared ballot between the city and Del Mar could be quite crowded_ Mr_ Kinnison asked if the city could have their own ballot. Mr. Chapa replied affirmatively, saying that it would increase the cost tremendously_ He thought it would be possible to fit the propositions on one ballot, but he could not be certain until he spoke with the printer. Mr_ Scott supported the idea of a summary with a detailed project list for the propositions. He asked how much it would cost for the city to have its own ballot. Mr. Chapa replied that it would cost approximately $25,000 for the city to have its own ballot instead of joining Del Mar. Mr. Colmenero asked what the city could do to distinguish its ballot from the others in this election. Mr. Chapa replied that the city could choose to put a colored border around its ballot at an additional cost. Mr. Noyola stated that he thought the voters would be able to handle voting on numerous ballots, regardless of the format. Mayor Neal asked for public comment_ Mr. Jack Gordy, 4118 Bray, cautioned against bundling a number of projects in one proposition because an entire proposition could fail if voters did not support sorae of the included projects_ Mr. Bill Kopecky, 3609 Topeka, spoke regarding the tax cap. Mr. Danny Noyola Jr., 4410 Acushnet, spoke regarding the possible number of propositions and the possibility of a separate ballot. City Manager Noe stated that the proposed ballot language for Proposition 3 needed to be amended, changing an amount to $5,660,000. A motion was made, seconded, and passed to amend the ordinance as stated by Mr. Noe. City Secretary Chapa then armounced that an additional amendment was needed on Item 15 to include titles for the various bond propositions on the ballot, similar to those used in the Bond 2000 issue_ A motion was made, seconded, and passed to amend the ordinance as stated by Mr. Chapa. City Secretary Chapa polled the Council for theh' votes as follows: Minutes - Regular Council Meeting August 24, 2004 - Page 13 15. ORDINANCE NO. 025912 Ordinance ordering a Special Election to be held on November 2, 2004, in the City of Corpus Christi on the questions of authorizing obligations of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provismns incident and relating to the subject and purpose of this Ordinance and declaring that this Ordinance shall be effective immediately upon ~ts adoption by City Council in accordance with provisions of the V.T.C.A., Government Code, Section 1201.028. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Neal called for a brief recess to present proclamations. The Council returned fi-om recess, and Mayor Neal called for petitions fi.om the audience. Mr. Jack Gordy, 4118 Bray, spoke regarding his concerns about the police department's process for investigating complaints. Mr. Danny Noyola Jr., 4410 Achusnet, asked if the remnants of old signage regarding an alligator scare near Elliott Grant School could be removed fi.om his neighborhood_ Mr. Roy Pell, 5022 Rasputin Court, invited the Council to attend a ground breaking ceremony for the new boaters facility, taking place at 2:00 p.m. on Thursday. Mayor Neal announced the executive sessions, which were listed on the agenda as follows: 17. Executive session under Texas Government Code Section 551.087 for deliberations regarding economic development negotiations, 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 Neal opened discussion on Item 14 regarding the proposed charter amendments. Mayor Neal asked for public comment. Mr. Bill Kopecky, 3609 Topeka, and Mr. J. E. O~Brien, 4130 Pompano, spoke against the proposed wording of Proposition 7 regarding the tax cap because it was not specific enough. Mr. Danny Noyola Jr_, 4410 Acushnet, spoke in favor of placing all the proposed charter amendments on the ballot for the voters's consideration, especially Proposition 4 and Proposition 10_ Minutes - Regular Council Meeting August 24, 2004 - Page 14 Mayor Neal read each of the proposed charter amendments as follows: Proposition I - Updating the provisions concerning initiative and referendum in order to comply with new laws and election procedures. Proposition 2 - Updating the provisions conceming 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 framing for other public office in order to make the current provisions easier to follow, without making any substantive changes in restrictions_ Proposition 7 - Changing the property tax cap to conform to the mx 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 for procedures concerning short-term leases less than 5 years, transfers of leases, regulation of leases and approval ofoil 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 fxom 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. Mayor Neal then spoke regarding Proposition 10, setting a uniform election date. He stated that according to information he had received fi.om the Texas Municipal League, if the city were to pass Proposition 10, they would be the only Texas city of the 20 most populous cities to hold its election in November during even years. He said most cities held their elections in odd years during the spring_ He then made a motion to place the following proposed charter amendments on the November ballot: 1, 2, 4, 5, 6, 8, and 9, seconded by Ms. Cooper. Mr. Noyola stated that although he personally agreed with excluding Propositions 3 and 7 and he disagreed with excluding Proposition 10, he felt it was important to have all the propositions placed on the ballot to let the voters decide. Mr. Noyola made a motion to amend Mayor Neal's motion to add Propositions 3, 7, and 10 to the ballot to allow the voters to decide, seconded by Mr. Colmenero. City Secretary Chapa polled the Council for their votes as follows: Colmenero and Noyola, voting "Aye"; Neal, Chesney, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "No". The motion to amend failed. City Secretary Chapa polled the Council for their votes on Mayor Neal's previous motion as follows: Minutes - Regular Council Meeting August 24, 2004 - Page 15 14. MOTION NO. 2004-324 Motion to place the following charter amendment propositions on the November 2, 2004 ballot: Proposition Nos. 1, 2, 4, 5, 6, 8, and 9. The foregoing motion was passed and approved with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola voting "No". Mayor Neal opened discussion on Item 16 regarding the ordinance calling for the election on the ad valorem tax fi-eeze and charter amendment issues. City Manager Noe stated that the Council could now amend this ordinance to reflect their vote on Item 14 regarding the charter amendments_ Mayor Neal made a motion to amend Item 16 as stated by the City Manager, seconded, and passed. City Secretary Chapa polled the Council for their votes as follows: 16_ ORDINANCE NO, 025913 Ordinance ordering a Special Election to be held on November 2, 2004, in the City of Corpus Christi on the questions of establishing a permanent ad valorem tax fi-eeze on residence homesteads of persons sixty-five (65) years of age or older or disabled persons and eligible spouses; providing for consideration of amendments to the Charter of City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this Ordinance. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garreth Kelly, Kinnison, Noyola and Scott, voting "Aye". Mayor Ncal called for the City Manager's report. City Manager Noe reported that a Neighborhood Pride meeting was held in Ben Garza Gym last night, and the next meeting would be held on August 30 at the Gardendale Baptist Church. He also announced that there would a ground breaking ceremony for the new boaters facility on the T-head at 2:00 p.m. this Thursday. He stated that the following items were scheduled for next Tuesday's Council meeting: second reading of the vacant buildings ordinance and adoption of the city's ad valorem tax rate for the next fiscal year. Mayor Neal commented that he has noticed an increase in graffiti on private property. He asked code enforcement to investigate this problem. Mayor Neal called for Council concerns and reports. Mr. Garrett asked for a report on problems with the water service on the island this morning_ Assistant City Manager Massey replied that the system temporarily lost power, but the system was back on line. He also asked Police Chief Pete Alvarez to look into problems with speeding on S.P.I.D. Mr. Kinnison stated that the last Flicks in the City event was held on Saturday night featuring Minutes - Regular Council Meeting August 24, 2004 - Page 16 the "Wizard of Oz". He said the event was well attended. He thanked Assistant City Manager Margie Rose and staff, the CC Focus group, and all the event sponsors for contributing to the event's SUCCESS. City Secretary Chapa asked for direction from the Council on the November ballot. He asked ifstaffwas able to coordinate with Del Mar College and place all the city propositions and the Del Mar issues on one ballot, was this acceptable, or would the Council prefer a separate ballot regardless. Mayor Neal stated that if possible, the city should combine ballots with Del Mar College, but if this was not possible, then a separate ballot would be acceptable. The Council concurred with his statement. Mr. Scott reported that the Momingside Neighborhood Association's newsletter stated that their recycling participation rate has risen fi-om 24 percent to 51 percent_ As the group spearheading the city's recycling participation project, he asked that they be recognized for their efforts. Mr. Noyola asked staff to address a problem with graffiti on the stop sign at Capitol and Congressional streets. He also reported speeding problems on Baldwin Street between the Crosstown Expressway and Ayers Stteet. He also stated that the neighbors on the 4600-4700 blocks of Dodd Street were requesting a street light. Mayor Neal asked the Council Audit Committee to look into Mr. Chesney's suggestion regarding the use of sales taxes versus property taxes. There being no further business to come before the Council, Mayor Neal adjourned the Council meeting at 1:25 p.m. on August 24, 2004. ATTACHMENT A BOND ISSUE 2004 PROPOSITIONS PROPO81TION ONE: STREETS 1. ADA Improvements $ 4,000,000 2. Clman'on Blvd, Ph. I - Saratoga lo Yorktown 6,440,000 3. Cimarron Blvd, Ph. 2 - Yorktow~ to Bison (Mlrete~) 2,372,000 4. Doddndge Street - Ocean Drive to Staples 3,495,000 5. EveCnart Road, Ph. 1. Saratoga lo Cedar Pass 4,497,000 6.' Norlh Pod Ave - IH 37 to US 181 1,604,000 7. Up River Road - Rand Morgan to McKenzJe 4,465,000 8. WaJdron Road - Purdue to Glen Oak & Mediterranean Ext 2~474.000 9. Future TxDOT Participation 500,000 10. * Netghbothead Street Reconstruction 9,428,000 11. Stree{ Lighting 800,000 12. * Slree~ Ovedays 4,200.000 13. Traffic Congestion Management .... 3,500,000 14. Traffic Signals (New & Upgrades) _ 2,130,000 15. Cliff Maus, Ph. 2 - Brownsville Rd to Bear Lane 803,000 16. Cliff Meus, Ph. 3 - SPID to Roctd~d Drive 1,058,000 17. Wo~drldge Road - AJrtlne Road to Rodd Field 3.239,000 18. Weeldrldge Road - Staples Street to AJrtlne Road _ 4,373,000 19. Developer ParUcipaUon __ 500.000 20. Greenwood Dr. Ph. 1 - Golllhar to Soulh Padre Island Dr. 2,760,000 21. Laguna Shores Road - Graham to 'Husllln Hornet 3.412,000 22_ Padre Island AaslheUc Deveiccmanl~ Partidpation _ 150,000 23. Park Road 22 Bridge (Cost Estimated) 1,400.000 24. Downtown Redevelopment Parflclpalion 250,000 25. 500,000 Norl~ Beach Area Improvemenls Total Propoaltton One Sl~eet P~ckage: $ PROPOSITION TWO: PUBLIC HEALTH & SAFETY 26_ Southslde Fire Sial]on $ 1,500,000 27. ADA Co-Ed Fire StaUons 400,000 Total Proposition Two Public Health & Safety Package: $ 1,900,0~) PROPOSmON THREE: PUBLIC FACILITIES 28. NW Library Expansion __ $ 2,000,000 29_ Museum Fife Suppression, Ph. 2 _ _ 160,0~0 30. New Southslde Llbra~ 3,500,000 To~al Proposition--Three Public Faclllt~Package: $ 5,660,0~O -PROPO.gFFION FOUR: PARK & RECREATION 31. Sports Field Improvements $ 2,250,000 32. Goff Course Impmvemenlls (Exlsling Courses) 2,756,000 33. Renovate Senior & Recreation Facilities 1,300,000 34. HEB Tennis C, eate~ 500,000 35. Netgh~ Parks Improvements 500,000 36. WIndaport Park Improvements (South Cole Park) 100,000 Total Proposition Four Park & Recreation Packages: $ 7,406,000 PROPOSITION FIVE: BAYFRONT MASTER PLAN PROJECT 37_ **Bayfront Devek~rnent Plan Phase 1 $ Total ProposiUon Five Bayfront Master Plan Package: $ TOTAL BOND I~,gUE 2004 PACKAGE PRICE: $ · ~ee ScJtedule A ** E~Smat~l Coal; 11,684,000 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 08/31104 AG EN DA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $5,000 from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. B. Ordinance appropriating $5,000 in the No. 1061 Police Grants Fund from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities; and deciadng an emergency. ISSUE: The State has funding available to enceurage compliance and enforce regulations governing the sale, distribution, and use of cigarettes and tobacco products as mandated by Senate Bill 55. This block grant is available to help defray some of the costs associated with enforcement of tobacco regulations. BACKGROUND INFORMATION: For the t-~h year, the Comptroller's office is providing funding to local law enforcement agencies to encourage compliance and enforce regulations governing the sale, distribution, and use of cigarettes and tobar'o~_ products as mandated by Senate Bill 55. Block grant funds w~re authorized to help agencies defray some of the costs associated with enforcement of tobacco regulations. The funds will be used for the following compliance activities: · On-site compliance inspections of cigarette or toba__~to permitted retail outlets that may result in the issuance of citations using minors as decoys ("stings') · On-site compliance inspections that may result in the issuance of citations without using minors as decoys, i.e violations for signs not posted, lack of proper certification) · Compliance education for retailers or school age children · Required reporting to the Comptrollers office Officers will conduct these activities on an overtime basis. FUNDING: There is no match required by the City. REQUIRED COUNCIL ACTION: Accepting the grant award and appropriating funds. P~Alvarez C~ief~ Attachments: Grant award letter TEXAS COMPTROLLER OF PUBLIC ACCOUNTS P.O. BOX 13528 AUSTIN, TX 78711-3528 August 3, 2004 Officer Sarah E. Lueders Corpus Christi Pohce Department Post Office Box 9016 Corpos Christi, TX 78469-9016 Dear Officer L~ed~rs: Your department has been awarded a Tobacco Compliance grant in the amount of $5,000.00 undm' the provisions of the Texas Health & Safety Code Ann. Sec. 161.088Co) (Vcmon's Supp. 1999), for fiscal year 2005 beginning September 1, 2004. However, in the past fiscal year your department did not comply with all of the education and enforcement requirements as stated in the Grant Acceptance Agreement For this reason, this 10-ant is being awarded on a conditional basis. Failure to comply with all IVCluimments of the acceptance ag~ement could result in a request from our office to rea.u'n all or son~ of the grant funds. Enclosed you will find the "Crcant Acceptance Agreement and Compliance Standards" form. To accept your grant award, please have an authorized official of your agency sign and nmu'n the agu~ment by the due dale noted_ Yo~tr grant funds will be mailed upon receipt of the agi~emenL If you choose not to accept this giant, please write "declined" on the agu~menC The agreement should be returned by September 2~ 2004 and mailed to the following addi~s. Texas Comptroller of Public Accounts Attention: Carol Lauder Post Office Box 12010 Austin, Texas 78711-2010 Each grantee must begin m~plementation of the grant provisions within 30 days ~ atlending a technical assistance workshop. Any exception to this mCluirenmnt will require review and written approval by the Comptroller or the Comptroller's designee. Please keep a copy of the Grant Acceptance Agn:elr~nt for your fries. As a requhement of nx:eiving tlxis grant, your officers ate required to complete the "Texas Cigurette, rrobacco Inspection Report" when making tobacco compliance inspections. A copy of the report form will be distributed in technical assistanc~ workshops [nesentod by the Statewide Tobacco Education Program (STEP). These inspection reports ate due on the 10th day of the numth following each month that compliance activities are performed. Attendance at a technical assistance workshop is mandated by the Comptroller's office. The workshop will cover reporting and expenditure requirements, as well as the latest information concerning the issue of tobacco and minors in Texas. STEP will mail the workshop information to grantees so you can make the appropriale arrm~gements to attend. If you have any questions regarding tiffs leller, please contact STEP at 1-888-783-7123. Manager, Account Maintenance Division c: Carol Lauder TOBACCO GRANT ACCEPTANCE AGREEMENT AND COMPLIANCE STANDARDS By tiffs agmemenL Corpus Christi Police Department (hereinafter "grantee") hereby agnms and certifies to comply with all applicable provisions of the Uniform Grant and Contract Management Standards COGCMS) promulgated by the Office of the Governor pursuant to the Uniform Grant and CunWact Management Act, Chapter 783, Government Code. A copy of the UGCMS may be requested from the Office of the Governor, at: htlp://ww'w, govemor, sta~e. Cx.u s/divisions/s~ategranta/guidelineatfiles/UGMS 012001 .doc Grantee acknowledges that appropriate approvals have been obfained from their governing body (city council or county comrmssioners' court) to accept the grant funds specified in this agleerrent. Grantee ag~es to use or expend g~ant funds exclusively for the following compliance activities, unless directed otherwise by the Comptroller's office: · Go-site conm~lled buys at cigarctle or tobacco PamUlled mm.il outlets (e.g., grcq:~y stores, convenience stores, gas stations, mass merchandisers) using minors as decoys (i.e., "stings",) that may result in the issuance of citations; · On-site compliance inspections of cigaretle or tobacco relail outlets (e.g., gim:ery stores, convenience stores, gas moons, mass merchandisers) that may result in the issuance of citations (e.g., violatiom for signs not po~ted, lack of proper certification, direct access by minors to cigarelles or tobacco products, and the use or po~on of cigarettes or tobacco products by a minOr); · Compliance education concerning the tobacco laws to retailers; · Filing monthly enforceraent activity reports and quarterly comphance education and fmanciai slams reports with Texas S~atewide Tobacco Education and Prevention (Texas STEP). The Grantee ag~ea to allocate grant funds for enlomement and compliance activities as suggested by the Complx~ller in ~ gq-ant application or as oOv~wise approved by the Comptroller. Cn'antee agnees to send local law enforcement officea-s responsible for conducting the tobacco comphance activities, or a training officer who can remm to your law enforcement agency and ~ other officexs to the rcquired training conducted by Texas STEP. In addition, grantees should also send the grant adminislrator responsible for financial reporting, ff at all possible. This training relates to conlxol!ed buys, compliance insl:n~'fions, compliance education, fmanciai reporting and other duties as prescribed by Senate Bill 55, 75th Legislature. Grantee agrees to comply with ail applicable state and federal laws, rcgulations, and guidelines. Grantee also agnes to maintain such dam and information as mqtumd by the Comptroller's office, and to submit reports containing such information as the Comptroller ~luims. Gramee agrees to comply with all requirements imposed by the Compeller concerning special requirements of law, program n~cluimments, and other adminislxalive requirements. The terms and conditions of tl~ grant applic, aaon are incorporated and made a part of this grant agreement for all purposes. The Comptroller reserves the right under flus aga~ement to amend the ~ of the agreement at any time and to impose additional requirements on the grantee at the sole discrcl/un of the Compfmller. Grantee understands and acknowledges that failure to comply with the terms of flus agreement (including grant usage restrictions), or with any applicable state or federal law or regulation, may result in the foffeitun: of grant funds. Upon forfeiture, the Grantee may aiso be responsible for the rea.u'n of the full mount of the original giant to the Comptx~ller. Tiffs grant award is in the amount of $5,000.00 and covers the period from Sepfember 1, 2004 through August 31, 2005. Grantee agn~s to return any unexpended gnmt funds within 45 days of the close of this grant period. P. Alvarez Jr, Chief of Police Name and Title of Official authorized to accept grant funds on behalf of County or Municipality (Please pnnt) Corpus Christi Police Dept. Department or Agency Name FEI Number (~quircd) ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $5,000 IN THE NO. 1061 POLICE GRANTS FUND FROM THE STATE OF TEXAS COMPTROLLER OF PUBLIC ACCOUNTS FOR TOBACCO COMPLIANCE AND PREVENTION ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $5,000 is appropriated in the No. 1061 Police Grants Fund from the State of Texas Comptroller of Public Accounts for tobacco compliance and prevention activities. 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. All'EST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 23, 2004 Lisa Aguilar ~~''~ Assistant Ci'b/Attorney for City Attomey Samuel L. Neal, Jr. Mayor Corpus Christi, Texas Day of ,2004 TO THE MEMBERS OF THE CI'FY 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 City of Corpus Chdsti Council Members The above ordinance 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 3 CITY COUNCIL AGENDA MEMORANDUM Date: August 31, 2004 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $41,404 from the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) Fund and to execute all related documents. B. Ordinance appropriating $41,404 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Crime Act (VOCA) Fund. ISSUE: Fifth year funding has been awarded from the State of Texas, Criminal Justice Division, under the Victims of Cdme Act (VOCA) that provides funds to projects with the primary mission of providing direct services to victims of crime. REQUIRED COUNCIL ACTION: Accepting the grant award. PREVIOUS COUNCIL ACTION: Approval to submit the application on 12/09/03. FUNDING: The State provides $41,404 and the City $14,870. The City is required to contribute at least a 20% grant match that may be in-kind or cash contribution. Volunteer hours provide $3,500 toward the match with the law enforcement trust fund providing $11,370 to purchase equipment, supplies, and provide training. The funding is not on a declining percentage or ending funding cycle. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award. Chief of Police ~ttachments: rant acceptance notice BACKGROUND INFORMATION The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information and guidance for resolving problems and referrals to other social service agencies. The purpose of these services is to speed their recovery from a criminal act to aid them in the criminal justice process. The grant covers the salary/benefits for a Victim Case Manager, equipment, supplies, training, and mileage. The case manager provides services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. They also work with the Victims Advocates Office located at the District and County Attorneys offica, local coalitions and other agencies in an ongoing effort to identify ncc-'Js and to improve the quality and continuity of services to victims in the community. Ric~ P~¥ OFFICE OF THE GOVERNOR July 1, 2004 Mr. George K_ Noe Corpus Christi, City of Post Office Box 9277 Corpus Christi, Texas 78469 I am pleased to announce a grant award for $41,404 to your organization for the following project: Victims of Crime Act. My Criminal Justice Division is working to ensure that communities throughout the state receive the resources to make Texas a safer place. CJD-funded programs promote help and healing for crime victims, provide safe places and positiye role models for young Texans, enforce laws that protect citizens and expand training opportunities for Texas criminal justice professionals. Your project contributes to these efforts. The attached Statement of Grant Award contains more specific information about your award. Please call my Criminal Justice Division at (512) 463-1919 if you have any questions. Thank you for your work and best wishes for a successful project. Sincerely, Rick Perry Governor RP:kcn 152234)5 POST OFFrC~5 BOX 124-28 Aus'r~, TEX.~ 78711 (512) 463-2000 (¥orc~)/D~,.c 7-1-1 FOR PEnny S ~.wcras OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION GRANT ACCEPTANCE NOTICE VA-04-V30-15223--05 Corpus Christi, City of Victims of Crime Act Grant Acceptance: Tl~s Acc~ Notice mus't be s.~ by 0)e authcxlzecl off~,aJ nan~cl o~ Ihe grant and r~umed to ~ ~ J~ ~ (~D) by August 15, 2004. 1. I cer~ that I am authcxtzed by fl'm ap~lc~:ge govem~ body to acc~ dec[~e, aJter, o( terminate tt~s ~ ~ ~ ~ ~ gmnt~. 2. If the grantee Is not a Stale agency and ~e currant authorized offlclaJ Is nc* accounted fo~ k~ ~ ~ ~ Be a{ ~D, I c~ ~at a 3. I agree to Ihe ten~.s o~ the gran~ on behaff o( ~e granite, k'~udk~g Title 1, Part 1, C~ 3, Te~s ~ ~ ~ ~ ado~s by refem(ce the(Mn. 4. I ~Mer~and fi'tat Ihe grantee Is ob[igat~d to provide ap~icable matofl, as req~i~,d by Ihe i~s ~ ~ ~.~L 5. I [~cle~'tand 6~al a via, at,on M a~y len'n ~ the Gran[ may result rn CJD piac~ a tempo~.a~y hold on grant hands, ~ ~ CJD ~ant h.~cls. 6. I ~lClemtand tt~at grant h. tnds may be ~lh,h~d untl all specia] condAIo~s pieced ~n ~ls grant am ~ 7. I u~de~"amd Iha[ each grant official poslt~on must be occ~ by a crlffemnt rnclivfduaJ. 8. I ul~lem-tand Iha[ any o( 6~e I~'ee grant o~ciaJs may reques[ adjusb~Ymts to Ihe grant otF~aJ. Tht auttu)t~ztd o.l,~c~ for this grunt mu~ tndi. cule agreement by tlgnMg the Acceptance NoEce. The grm'ttee wi~ not be ellgtblt for a.ny grm~ futufs until this notlce is executed and return~ to Cj'D. Signature of Aut~:)~zed Official Data VedflcaUon of Information and Sample Signatures: k'K:ormc~ cc~ ~he D~ o( Grant O~ciMs Fon'n h:AJiYI al http:/hwM.goven-,~'.s~at~.tx, us, and n~um to ~O. kd~nnaflcm OilILY, r, ign, and re~zn both ccx'n~e~ed kxms Io CJD. Author'lzed Official Adcimu: Po~t O4fice Box i~Z77. ~: (3~1} ~ Fax: (361) ~(~-3/~39 Emil: Prolect DI~ ~ ~ P~e ~z, ~, ~: ~ ~ P~ ~: ~ ~ ~x~16, ~p: ~ C~U, Te~s 7~9 __~ , ~o~ (~11 ~ ~: {~11 ~7 ~11: 2 ....................... ................................. Financial Officer Name:. ~.~P. C~ ~: (~1]~° F~: (~1~ Signature ~ ~n~l ~r Position: Finance Dtrectoq' Ci~: Comus Ch(IsM,, Texas 78469-9277 F_ma/l: ~ eccle:ms.com ~at2t?/~ C. JO Grant Manager:Day, D2 Post Office Box 12428, AusUn, Texas 78711 (512) 463-1919 OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION STATEMENT OF GRANT AWARD Grant Number:. Grantee Name: Project Title: G~ant Period: program Fund: Date PHnted: Date Awarded: VAA34-V30-15223~5 Corpus ChdsU, City of V~cflms o1' Cdme Act 07/01/2004 - 06/30/2005 VA-V~ctims of Cdme Act (VOCA) Fund 7/1/2004 7/1/2004 CJD Award: $41,404 Grantee Cash Match: $11,370 Grantee In-Kind Match: $3,500 Total Project Cost: $56,274 The Governor's Cdminal Justice Division (CJD) has awarded the above-rel~erenced grant The approved budget is reflected in the attached Budget Summary. The grantee agrees to c~mply with the provisions of the Governor's Cdminal Justice Division's rules in 'l-Ifle I, Part I, Chap{er 3, Texas Adminislrafive Code In elf~ct on the date the grant is awarded (as listed above), By signing and submitting the Grantee .~tance Notice to CJD, the grantee acee~s Ihe responsibility fo~ Ute grant project and agrees with the condttl~ns of grant funding. The grantee's funds shall be placed on hold until the grantee has satisr~-~d the requirements ol~ I~m special condition(s), if any, cited below. Special Conditions and Requirements: Post Office Box 12428, Austin, Texas 78711 (512) 463-t919 Grant Number:. Grantee: Project Title: Grant Period: Funding Source: OFFICE OF THE GOVERNOR CRIMINAL JUSTICE DIVISION APPROVED BUDGET SUMMARY VA-04-V30-15223-05 Corpus Chds[i, Cib/of Vic'rims of Crime Act 07~01/2004 to 06/30/2005 VA-Victims of Crime Act (VOCA) Fund Region: Date: 2O00 07/01/04 CJD Cash Match In-Kind A. Peraonnel: $41,404 $1,560 $3,500 B, Contractual: $0 $0 $0 C. Travel: $0 $2,538 $0 D. Equipment: $0 $0 $0 E, Construction: $0 $0 $0 F. Suppllee: $0 $7,272 $0 G. Indlreet: $0 $0 $0 Total: $41,404 $11,370 $3,500 TOTAL $46,464 $0 $2,538 $0 $0 $7,272 $0 $56,274 Budget Detail: A. Case Manager (100%) $42,964 Volunteem $3,500 In-State Travel and Training $1,538 Out-of-State Travel and Training $1,000 Office Supplies $2,000 Communication Costs $432 Project Costs (postage, pdnting costs, file holders, fold-up b3bles, brochure holders) $4,840 2004-V~:fims SerWC~S Post Office Box 12428, AusUn, Texas 78711 (512) 463-1919 ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF $41,404 FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION IN THE NO. 1061 POLICE GRANTS FUND FOR FUNDING AVAILABLE UNDER THE VICTIMS OF CRIME ACT (VOCA) FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $41,404 is appropriated in the No. 1061 Police Grants Fund from the State of Texas Cdminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Victims of Cdme Act (VOCA) fund. 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. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 23, 2004 Lisa Aguilar~~ Assistant City Attomey for City Attorney 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 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 City of Corpus Chdsti Council Members The above ordinance 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 4 CITY COUNCIL AGENDA MEMORANDUM Date: Au! ust 31, 2004 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute all documents necessary with the U.S. Department of Housing and Urban Development (HUD) to accept and implement the FY2004 Consolidated Annual Action Plan for Community Planning and Development (CPD) Programs that include the CDBG, ESG and HOME Programs. B. Ordinance appropriating $7,455,023 in the Federal/State Grant Fund No. 1059 for the FY2004 Consolidated Annual Action Plan for CPD Program projects/activities that include 1) $4,105,000 for FY2004 Community Development Block Grant (CDBG), $800,000 of program income and $547,567 of reprogrammed funds; 2) $154,329 for FY2004 Emergency Shelter Grant (ESG); and 3) $1,848,127 for FY2004 Home Investment Partnership (HOME) Program for projects/activities approved by the City Council on April 27, 2004 (025738). ISSUE: Accepting and appropriating FY2004 CDBG, ESG and HOME funds received from the HUD. PRIOR: On April 27, 2004, the City Council adopted its FY2004 Consolidated Annual Action Plan for CPD Programs. The projects/activities approved were listed in Exhibit A. REQUIRED COUNCIL ACTION: Acceptance of the FY2004 Consolidated Annual Action Plan for CPD Programs and appropriating $7,455,023 for CDBG, ESG and HOME project/activities approved on Apdl 27, 2004 (025738). FUTURE COUNCIL ACTION: Execution of Subrecipient agreements with nonprofit organizations who were awarded FY2004 Community Development Program funds. RECOMMENDATION: Community Development Programs and appropriating $7,455,023 for projects/activities approved by CY(y Council on April 27, 2004. Accept the FY2004 Consolidated Annual Action Plan for FY2004 Acting Director ADDITIONAL SUPPORT MATERIAL Background Information Iq List of approved projects 13 Revised 04-28-04 FY2004 CDBG Allocation Reprogrammed Funds CITY OF CORPUS CHRISTI FY2004 ANNUAL ACTION APPROVED FY2004 CDBG PROGRAM Program Income from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2004 CDBG PROGRAM ATFACHMENT "D" $4,105,000 $547,567 $8O0,00O $5,4527567 Ben Garza Complex Master Plan Prepare new Master Plan to update Keystone Neighborhood Park. Business Resources Center The City of Corpus Christi Business Resource Center (BRC) is requesting ~unding for salaries that include benefits and administrative costs. The mission of the BRC is to promote the growth ot small businesses by providing information and technical assistance on contcacting opportunities, cart~cations, ~nancing, bonding, insurance, business planning and marketing. (Center under one-year lease) 6 CDBG Program AdminlstratJon This project will fund staff salaries and adminisb'ative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnemhip (HOME) and Emergency Shelter Grant (ESG) Programs. Staff interprets CDBG, HOME and ESG federal regulations, conducts public 9 hearings/meetings, reviews propose projects and activities to determine funding, eligibility, monitors subrecipients, provides technical assistance, conducts environmental assessments of funding projects/activities and enforces Davis Bacon [ederal wage rate requirements. Clearance of Vacant Properties Program The activity will entail the clearance of vacant properties by the removal o[ v~eds, rubbish, brush, junk accumulation and other 10 unsightly objectionable or unsanitary matter. The properties will be bid out to contractor to clear properties. Liens will be place against the properties to cover the cost incurred. $35,000 $171,181 $513,787 $250,000 Code Enforcement Program This project will fund salades and benefits for (4) Code Enforcement Inspectors, (1) Project Coordinator and (1/2) Support Clerk. The Inspectors/Project Coordinator are responsible for inspecting within the CDBG Target area for violation of City code and health ordinances. Inspections are conducted on particular violations. The Inspectors/Preject Coordinator will also implement a comprehensive approach to coordination of multi~epartmental teams o[ city services and programs to address specific needs of each neighborhood. 11 $247,000 Comprehensive Planning Assistance The Comprehensive Planning work product for FY 04-05 will be a draft revision to the Corpus Christi Policy Statements The Corpus Chdsti Policy Statements were adopted by City Council in 1987 and have not been comprehensively revised and updated for over 15 years. The revision and approval process will take two years and consolidate Area Development Plans and Citywide Future Land Use and Transportation elements into a single document. In addition, the South Central (downtown) and Mustang Padre Area Development Plans will be updated / completed. 12 $78,000 Demolition Program The removal of unsafe structures is a priority in neighborhood revitalization in the community. The Code Enforcement staff identifies structures that are unoccupied, open and dilapidated. A total of $2,100.00 will be expended for the processing of the unsafe structures and a total of $224,385.00 will be expended in the board up and/or demolition of unsafe structures. Emergency Home Repair Grant Program Funds are used to provide repair grants up to $6,500 to homeowners who are 65 years or older, very Iow-income and/or persons with disabilities. The program is designed to only address hazardous conditions related to roofing, heating, plumbing, electdsal and minor structural repairs It is anticipated that 153 homeowners will be assisted. Garcia Arts Educ Ctr Area Str Improv. Ph 1&2 Proposal requests additional funds for Right of Way acquisition, relocation and compensation to affected area property owners. Request for street and drainage construction funds for 18th, 17th and Marguerite Street will be submitted in future years. These street improvements will widen pavement, increase parking for local residents and result in sidewalks, driveways and curb and gutter. H. P. Garcia Park Complex Phase I Improvements A. Design and implement general site grading, leveling for conditions to allow future use and proper drainage. B. Plan design and install a trail system with benches and picnic table systems (covered table, BBQ pit and trash container) installed on concrete pads along the trail. Mortgage Servicing This proposal will provide for staff salaries in connection with the administration of the loans provided through the City's Single Family Rehabilitation Loan Program. The portfolio consists of approximately 900 loans. Services include collection of loan payments, disbursement of property taxes and annual insurance premiums from escrow account. Counseling is provided regarding payment alternatives and establishing payment plans. 13 $215,000 22 $1,000,000 26 $120,000 30 $76,625 36 $~5,000 Re-Development Specialist This project will fund staff salades and benefts for the support of the newly created Neighborhood Initiative Program (NIP). The Specialist will work with the NIP to determine ways to further revitalize the neighborhoods. This may include assisting in the development ol~ various infield or new affordable housing projects, commercial redevelopment and assisting citi:,ens in an extensive "neighborhood clean-up" in CDBG eligible target areas. Rehabilitation Services This project will fund staff salades for the support services to very Iow and Iow/moderate income persons, such as loan processing; 46 developing specifications and plans; inspections; housing counseling; and other related services associated with the various loan and grant programs. Senior Center Improvements Secure improvements to seven of nine senior centers to ensure saleb/, health and comfort of older adults, participants and 47 community. Single Family Rehabilitation and Reconstruction Loan Program The Single Family Rehabilitation Loan Program provides loans to Iow income homeowners to repair and make improvements to their houses. It is anticipated that 10-15 houses will bo rehabilitated and 20-23 will be reconstructed. These funds will also be used to demolish ($80,000) and relocate homeowners ($140,000) being assisted with the reconstruction o[their homes. The funds used for demolition and relocation will be considered as a grant to the homeowner. 49 $52,357 $575,050 $215,806 $1,173,000 Unified Development Code Full funding for the Unified Development Code as originally requested in 2003. In 2003, City Utilities commitment from the Planning Commission to fund the additional $50,000 in the 2004 CDBG. The full amount originally requested is needed to cemplete the project. Part of the $50,000 requested may pe used to provide local liaison bet~veen the City and the consultants, coordinating meetings with stakeholders and citizens and for pdnting and publications. Weed and Seed Program The Weed and Seed Program is a comprehensive multi-agency approach to combating violent cdme, drug use and gang activity in high crime neighborhoods. The goals are to "weed" out crime from targeted neighborhoods, while at the same time "seed" the target areas with a wide range of cdme prevention programs and Human Services to prevent cdme from reoccurring within the target areas. West Oso Tennis Courts Replacement of old courts with [our post-tensioned concrete courts. This would include demolition ot existing courts, replacement of lighting and fencing Total City Projects 56 62 $50,000 $50,000 $25,000 $4,892,806 91t Park Place, d.b.a. Mission 911 Project includes the completion of a procjram to serve homeless women, children and families; fencing the perimeter of the property, lighting improvements, landscaping and repair of the parking lot. Accessible Communities, Inc. The Coastal Bend Center for Independent Living Complete phase three of its property improvement for use by persons 81 with disabilities of all ages, with the construction of a new 40' x 90' parking lot and addition of a 8' x 10' canopy between the two buildings on its propedY. Boys & Gifts Club of Corpus Christi Complete Phase I~1 of complex previously started which includes 97 parking, soccer field, concession stand, score boards, bleachers, cement work and main building exterior door. Coastal Bend Alcohol & Drug RehabllitaUon Center d.b.a. Chartie's Place 124 Requesting funds to help renovate four residential buildings located at the main campus at 24 North Country Club Place. Corpus Christi Hope House, Inc. Renovation project to improve the living conditions for residents at 139 two locations. Funds will be used to complete the remaining phases of the FY2003 project. Corpus Christi Police Athletic League Provide lighting and refurbishing of the baseball fields at T.C. Ayers 160 fields to allow more hours for alter school athletic activities and provide additional safety for the two areas. Harbor Playhouse Company Funds requested to replacement of all roof systems on the building with the exception of the roof over the office. All roof flashings, as well as the roof membrane and insulation must also be replaced. Mary McLeod Bethune Day Nursery, Inc. Funds requested [or improvements for Buildings *A", "B" and "C" and the fencing and gates "A" repairs include removing and replacing the metal roof, gutters and downspouts; painting extedor of building and replacing existing furnace/air-conditioning unit; repair shingle roof of "B" along with replacing the gutters and downspouts; repla~ng 10 existing doors, painting doors and replacing damaged floodng. "C" repairs include replacing existing air conditioner. Repairing all fencing and gates and replacing the existing electdc gate. Nueces County Community Action Agency To weatherize homes occupied by families from Iow to very Iow income in target areas. YMCA of Corpus Christi Improve accessibility to mobility impaired individuals through renovations of restroom area in the men's locker room. Total Non-Profit Total City Projects Overall Total 188 199 240 302 $50,000 $26,000 $110,000 $26,741 $32,000 $87,000 $50,000 $70,000 $80,000 $28,020 $559,761 $4,892,806 $5,452,567 APPROVED FY2004 ESG PROGRAM FY2004 AIIocati,0, n ~ $154 329 ~'i?,'?.' '"'. "" ,' ~'~:: ~":~.' .~', ~.. '!;'~;";~ · '~," " ' " ~ '~.:~ ..~?".' ,~!~!!~' ~.~:~.~ ' ..~... ".'~ ~" .~. '?.'~... ~' : %"'". ' ~. ' ' " i,.'"""'?'~.'-~'~ i '.'?¥/..~ Catholic Charities Provision of Homeless Prevention including short-term subsidies, I $15,000 security deposits or 1st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Corpus Christi Hope House, Inc. Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short-term subsidies, security 31 $15,000 deposits or 1st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and fumishings. Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education of the homeless. Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 66 $45,000 Homeless Issues Partnership (HIP) Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Payment of maintenance, operations including rent, insurance, utilities and furnishings. 93 $12,332 Mary McLeod Bethune Day Nursery, Inc. Provision of Essential Services including services concemed with employment, physical health and education for the homeless. Payment 116 of maintenance, operations including rent, insurance, utilities and furnishings. The Ark Assessment Center & Emergency Shelter of Youth Provision of Essential Services including services concemed with employment, physical health and education of the homeless. Payment 131 of maintenance, operations including rent, insurance, utilities and furnishings. The Salvation Army Provision of Essential Services including services concerned with employment, physical health and education of the homeless. Payment 157 of maintenance, operations, including rent, insurance, utilities and furnishings. $15,000 $15,000 $15,000 The Women's Shelter of South Texas Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention including short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payment to prevent foreclosure on a home. Payment of maintenance, operations including rent, insurance, utilities and furnishings. TOTAL 176 $21,997 $154,329 APPROVED FY2004 HOME PROGRAM FY2004 Allocation $1 848,127 CCCIC HOMEBUYER ASSISTANCE PROGRAM A deferred, forgivable loan not to exceed $3,000 will be provided to Iow income, homebuyers for the purpose of meeting down payment and closing $549,000 costs expenses. ADMINISTRATION/TECHNICAL ASSISTANCE Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporfing and overall program management. Technical $184,812 assistance will be provided to enhance the capacity of CHDO's, nonprofits, owners/investors of rental property and other organizations that may participate in the program. AJso includes administrative funds for direct MINOR REHABILITATION GRANT PROGRAM Minor rehabilitation of units with more than $1,000 but less than $6,500. Grants will be provided to homeowners who are 62 years and older and/or $100,000 persons with disabilities. MAJOR REHABILITATION LOAN PROGRAM Loans of 0% to 3% for qualified income families with up to a 20 year term. Reconstruction of owner-occupied units unsuitable for rehabilitation and to provide for the recons(Tuction of new suitable units. Relocation grants will $250,000 be provided for temporary relocation and a grant to provide funds to demolish and construct the replacement unit. NEW CONSTRUCTION Construction of new single family \ Multi - housing units. The units must remain affordable for a minimum of 20 years. These funds may be used by a CDC. A deferred forgivable loan, not to exceed $20,000, payable after $487,095 the 1st mortgage is paid, will be provided to Iow income home buyers for the purchase of a home. The amount of the deferred loan will be based on HUD income limits. NEW CONSTRUCTION Nueces Community Action Agency - CHDO* The CHDO set-aside in FY 2004 funding comes at the right time with NCCAA hoping to utilize the funds to assist approximately 14 families (of a 100-family subdivision) with down payment and closing costs assistance. 1 $277,220 The number of households assisted with incomes below 80% of the Area Median Income is 2 (14% of total units). The number of households assisted with incomes below 60% of the Area Median Income is 2 (14% of total units). The number of households assisted with incomes below 50% the Area Median Income is 10 (72% of total units). Funds will be expended TOTAL $1,848,127 * COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS (CHDO). The City of Corpus Chdsti will set aside at an minimum the 15% ($276,450) required by regulations for use by thje CHDO within the 24-month period. The City of Corpus Christi will provide technical assistance and capacity building as necessary. ORDINANCE APPROPRIATING $7,455,023 IN THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND NO. 1059 FOR THE FY 2004 CONSOLIDATED ANNUAL ACTION PLAN FOR COMMUNITY PLANNING AND DEVELOPMENT (CPD) PROGRAM PROJECTS/ACTIVITIES THAT INCLUDES `1) $4,105,000 FOR FY 2004 COMMUNrrY DEVELOPMENT BLOCK GRANT (CDBG), $800,000 OF PROGRAM INCOME AND $547,567 OF REPROGRAMMED FUNDS; 2) $154,329 FOR FY2004 EMERGENCY SHELTER GRANT (ESG); AND 3) $'1,848,127 FOR FY 2004 HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM FOR PROJECTS/ACTIVITIES APPROVED BY THE CITY COUNCIL ON APRIL 27, 2004; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Seven Million, Four hundred fifty-five thousand, twenty-three Dollars ($7,455,023) is appropriated from the U.S. Department of Housing and Urban Development in the Community Development Block Grant Fund No. 1059 for the FY 2004 Consolidated Annual Action Plan for Community Planning and Development (CPD) Program Projects/Activities that includes 1) $4,105,000 for FY 2004 Community Development Block Grant (CDBG), $800,000 of program income, and $547,567 of reprogrammed funds; 2) $154,329 for FY 2004 Emergency Shelter Grant (ESG); and 3) $1,848,127 for FY 2004 Home Investment Partnership (HOME) Program for Projects/Activities approved by the City Council on Apdl 27, 2004 in Resolution No. 025738. 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 nccd 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. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 26, 2004 Lisa Aguilar U Assistant City Attorney for City Attorney Samuel L. Neal, Jr. Mayor Corpus Christi, Texas Day of ,20 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 City of Corpus Christi Council Members The above ordinance 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 5 CITY COUNCIL AGENDA MEMORANDUM Date: Au ,2004 Motion authorizing the City Manager or his designee to execute Subrecipient agreements for funds provided from the F-Y2004 Community Development Block Grant (CDBG) Program and Emergency Shelter Grant (ESG) Program. CDBG Program: a. 911 Park Place, d.b.a. Mission 911 - $50,000 for renovations and improvements to the facility located at 911 Park Place. b. Accessible Communities, Inc. - $26,000 for completion of phase three of its property improvements at the Resource Center for Independent Living located at 1537 Seventh Street. c. Boys and Girls Club of Corpus Christi - $110,000 for completion of phase three of the complex improvements located at 3902 Greenwood Drive. d. Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a. ChaHie's Place - $26,741 for renovation of four residential buildings located at the main campus at 24 North Country Club Place. e. Corpus Christi Hope House - $32,000 for renovations to improve the living conditions for the residents at the homeless shelter located at 630 and 658 Robinson Street. f. Mary McLeod Bethune Day Nursery, Inc. - $70,000 for improvements to Building A and/or Building B located at 900 Kinney Avenue. g. Nuecss County Community Action Agency $80,000 for their weatherization program for minor repairs of homes in Iow income target areas. h. YMCA - $28,020 for improving accessibility to mobility impaired individuals through renovations of the facility located at 417 S. Upper Broadway. ESG Pro(Iram: For homeless activities i. Catholic Charities of Corpus Christi, Inc. - $15,000 j. Corpus Christi Hope House, Inc. - $15,000 k. Corpus Christi Metro Ministries, Inc.- $45,000 I. Homeless Issues Partnership (HIP) - $12,332 m. Mary McLeod Bethune Day Nursery, Inc. - $15,000 n. The ARK Assessment Center & Emergency Shelter for Youth - $15,000 o. Women's Shelter - $21,997 ISSUE: Subrecipient agreements with nonprofit organizations who were awarded FY2004 Community Development Block Grant Program Funds and Emergency Shelter Grant Funds need to be approved by the City Council. PRIOR: On Apdl 27, 2004, the City Council adopted its F'Y2004 Consolidated Annual Action Plan for Community Planning and Development Programs that includes $4,105,000 for the CDBG Program, $800,000 of Program Income, $547,567 of reprogrammed funds and $154,329 for the ESG Program and $1,848,127 for HOME Investment Partnership (HOME) Program totaling $7,455,023 (025738). REQUIRED COUNCIL ACTION: Authorize the City Manager or his designee to execute FY2004 CDBG Agreements with 911 Park Place, d.b.a. Mission 911, Accessible Communities, Inc., Boys and Gids Club of Corpus Christi, Coastal Bend Alcohol and Drug Rehabilitation Center d.b.a Chadie's Place, Corpus Christi Hope House, Mary McLeod Bethune Day Nursery Inc., Nueces County Community Action Agency and YMCA, FY2004 ESG agreements with Catholic Charities of Corpus Chdsti Inc., Corpus Christi Hope House, Inc., Corpus Chdsti Metro Ministries, Inc., Homeless Issues Partnership, Mary McLeed Bethune Day Nursery Inc., The Ark Assessment Center and Emergency Shelter for Youth and the Women's Shelter. FUNDING: FY2004 CDBG and ESG funds. The effective date for the grant is August 1, 2004, or as soon as HUD officially releases FY2004 funding. RECOMMENDATION: That the City Manager or his designee be authorized to execute Subrecipient agreements for funds provided from the FY2004 Community Development Block Grant (CDBG) Program and F'Y2004 Emergency Shelter Grant (ESG) Program. / f~o~athan'Whgner,-Acting Director ADDITIONAL SUPPORT MATERIAL Background Informa[ion X AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: On April 27, 2004, the City Council adopted its F'Y2004 Consolidated Annual Action Plan for Community Planning and Development Programs totaling $7,455,023 that includes $5,452,567 for the CDBG Program and $154,329 for the ESG Program and $1,848,127 Home Investment Partnership (HOME) Program (025738). Subsequently, Subrecipient Agreements with nonprofit agencies and the City, as part of the FY2004 program funding, will be forwarded to the City Council for action with the following respective agencies. The effective date for the grant is August 1, 2004, or as soon as HUD officially releases FY2004 funding. FY2004 CDBG FUNDING AGENDA ITEM: (a) 91'1 Park Place, d.b.a. Mission 9'11 to provide $$0,000 for improvements to the facility such as renovating the garage/storage area in order to provide rooms for educational and meeting purposes, fencing the perimeter of the property, provide lighting, improve the parking lot and provide landscaping. AGENDA ITEM: (b) Accessible Communities, Inc. to provide $26,000 for the completion of Phase 3 of its property improvements with the construction of a new 40' x 90' parking lot and addition of a 8' x 10' canopy between the two buildings on its property. AGENDA ITEM: (c) Boy's & Girl's Club of Corpus Christi to provide $110,000 for the completion of Phase Ill of complex previously started which includes parking, soccer field, concession stand, score boards, bleachers, cement work and main building exterior door. AGENDA ITEM: (d) Coastal Bend Alcohol & Drug Rehabilitation Center al.b.a. ChaHie's Place to provide $26,74`1 for the renovation of four residential buildings. AGENDA ITEM (e) Corpus Christi Hope House, Inc. to provide $32,000 for improvements to the living conditions for residents at two locations. AGENDA ITEM (f) Mary McLeod Day Nursery, Inc. to provide $70,000 for facility improvements to Building A and/or Building B as originally proposed. AGENDA ITEM: (g) Nueces County Community Action Agency to provide $80,000 that will weatherize homes of Iow to very-low income families energy efficient, reduce energy consumption and to provide a better living environment for children and families in the targeted areas. AGENDA ITEM: (h) YMCA of Corpus Christi to provide $28,020 for improve accessibility to mobility impaired individuals through renovations of restroom area in the men's locker room, I=Y2004 ESG FUNDING AGENDA ITEM: (i) Catholic Charities of Corpus Christi, Inc. to provide $15,000 for the provision of Homeless Prevention including short term subsidies, security deposits or first month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. AGENDA ITEM: (j) Corpus Christi Hope House, Inc. to provide $15,000 for the provision of Essential Services including services concemed with employment, physical health and education for the homeless. Provision of Homeless Prevention will include short term subsidies, security deposits or first month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. AGENDA ITEM: (k) Corpus Christi Metro Ministries, Inc. to provide $45,000 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless. Provision of Homeless Prevention will include short-terTn subsidies, security deposits or 1st month's rent, mediation programs, legal services, and payment to prevent foreclosure on a home. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. AGENDA ITEM: (I) Homeless Issues Partnership to provide $12,332 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. AGENDA ITEM: (m) Mary McLeod Bethune Day Nursery to provide $15,000 for the provision of Essential Services including services concerned with employment, physical health and education for the homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and fumishings. AGENDA ITEM: (n) The Ark Assessment Center and Emergency Shelter for Youth to provide $'15,000 for the provision of Essential Services including services cencemed with employment, physical health and education of l~e homeless. Funding of Maintenance and Operations will include rent, insurance, utilities and furnishings. AGENDA ITEM: (o) The Women's Shelter to provide $21,997 for the provision of Essential Services including services concerned with employment, physical health and education of the homeless. Provision of Homeless Prevention will include short-term subsidies, security deposits or 1st month's rent, mediation programs, legal services, and payment to prevent foreclosure on a home. Funding of Maintenance and Operations will include rent, insurance, utilities and fumishings. 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Auqust 31, 2004 AGENDA ITEM: (Caption as it should appear on the agenda) Motion authorizing the City Manager, or his designee, to execute a co~tract with the Texas Department of Family and Protective Services for funding in the amount of $426,000 from the Community Youth Development Program for the 78415 ZIP Code for projects as recommended by the Community Youth Development Steering Committee for Fiscal Year 2004 - 2005. Ordinance appropriating $426,000 from the Texas Department of Family and Protective Services in the No_ 1060 Community Development Grant Fund to fund the Community Youth Development Program in the 78415 ZIP Code for Fiscal Year 2004 - 2005 and declaring an emergency. Motion authorizing the City Manager, or his designee, to execute a subcontract with the Boys and Girls Club of Corpus Christi in the amount of $54,254.00 to provide services for youth ages 6 to 17 in the 78415 ZiP Code. Motion authorizing the City Manager, or his designee, to execute a subcon~act with Communities In Schools, Corpus Christi, Inc. in the amount of $188,490.00 to provide services for youth ages 5 to 17 in the 78415 ZIP Code. Motion authorizing the City Manager, or his designee, to execute a subcontract with Corpus Christi Teen Court in the amount of $16,896.00 to provide services for youth ages 11 to 17 in the 78415 ZiP Code. Motion authorizing the City Manager, or his designee, to execute a subcontract with Planned Parenthood of South Texas in the amount of $15,221.00 to provide services for youth ages 12 to 17 in the 78415 ZIP Code. Motion authorizing the City Manager, or his designee, to execute a subo3~tract with Youth Odyssey in the amount of $13,032.00 to provide services for youth ages 12 to 17 in the 78415 ZIP Code_ Motion authorizing the City Manager, or his designee, to execute a subcontract with the YMCA of Corpus Christi in the amount of $49,394.00 to provide services for youth ages 14-17 in the 78415 ZIP Code. ISSUE: The Texas Department of Family and Protective Services (DFPS) is continuing to fund the Community Youth Development (CYD) Program in various cities throughout the State. The City of Corpus Christi has been allocated $426,000 in program funds for Fiscal Year 2004 - 2005 to be used in the 78415 ZIP Code area. REQUIRED COUNCIL ACTION: Acceptance of federal grants and contracts in excess of $15,000 require Council approval. PREVIOUS COUNCIL ACTION: On May 18, 2004 Council approved the CYD programs for Fiscal Year 2004 - 2005 as recommended by the Community Youth Development Steedng Committee. FUNDING: This is a State funded grant, and the source of funding is from fund 1060. CONCLUSION AND RECOMMENDATION: The Community Youth Development Steedng Committee and Staff recommended approval of $426,000 CYD Program as presented for Fiscal Year 2004 - 2005. Sally G?~vlik, Director Park &URecreation Department Attachments: Background Information BACKGROUNDINFORMATION On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the 78415 Community Youth Development (CYD) Contract with the Texas Department of Protective and Regulatory Services (DPRS) for the CYD Program, and executed a contract with DPRS. The City Council also passed a resolution (#022938) establishing the CYD Steedng Committee. Since then, the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. In 1995, DPRS developed a program to fund local grass roots efforts in the highest juvenile cdme areas of the state by ZIP Cede. Currently fifteen ZIP Codes in 14 cities are designated as CYD service areas. The program sought to create activities that were not currently available within the local 78415 ZIP Cede area. These activities were made available to youth ages 5-17. Eligible activities must fall within the following categories: mentodng, activities, employment, education, and/or youth leadership. In order to meet DPRS (now called Texas Department of Family and Protective Services - DFPS) guidelines, a mentodng and youth leadership component must be pad of the overall 78415 CYD Program's Plan of Operation. Since its inception, the CYD Program has served the 78415 zip code area through a number of service providers. These would include Boys & Gids Club, Communities In Schools, Corpus Chdsti Housing Authority, Corpus Christi Independent School District, Corpus Christi Public Library, Paisano Gid Scout Council, Park & Recreation Department, Volunteer Center of the Coastal Bend, Youth Odyssey, YMCA, and YVVCA. ORDINANCE APPROPRIATING $426,000 FROM THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES IN THE NO. 1060 COMMUNITY DEVELOPMENT GRANT FUND TO FUND THE COMMUNITY YOUTH DEVELOPMENT PROGRAM IN THE 78415 ZIP CODE FOR FISCAL YEAR 2004-2005; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $426,000 from the Texas Depa,b.ent of Family and Protective Services is appropriated in the No. 1060 Community Development Grant Fund to fund the Community Youth Development Program in the 78415 Zip Code for Fiscal Year 2004-2005. 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. A3-rEST THE CITY OF CORPUS CHRISTI Armando Chapa Samuel L. Neal, Jr. City Secretary Mayor Approved: August 26, 2004 Usa Aguilar Assistant City-Attorney for City Attorney Corpus Chdsti, Texas Day of ,20 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 City of Corpus Chdsti Council Members The above ordinance 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 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Auqust 31, 3004 /~..~ AGENDA ITEM: AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A ONE YEAR CONCESSION SERVICES LEASE AND USE AGREEMENT WITH LESLEA J. TITLOW DBA THE TEE BOX AT BOTH THE GABE LOZANO SR. GOLF CENTER AND THE OSO BEACH MUNICIPAL GOLF COURSE IN CONSIDERATION OF LESLEA J. TITLOW DBA THE TEE BOX PAYING 17% OF MONTHLY GROSS SALES OR $1,750 PER MONTH, WHICHEVER IS GREATER, AT THE GABE LOZANO SR. GOLF CENTER; AND 17% OF MONTHLY GROSS SALES OR $1,250 PER MONTH, WHICHEVER IS GREATER, AT THE OSO BEACH MUNICIPAL GOLF COURSE; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBMCATION. ISSUE: The previous five-year contract with Prince Catedng (also known as Mel's Catering) was terminated by the City Council on July 13, 2004 for a vadety of reasons including nonpayment. Mel's Catedng was given 60 days notice of the termination and will vacate on September 22, 2004. A five year lease is to be put before Council at the same time as this one-year lease to ensure that there will be coverage at the golf courses until the time the five-year lease becomes effective. REQUIRED COUNCIL ACTION: The staff is requesting City Council approval of this lease. PREVIOUS COUNCIL ACTION: The City Council terminated Mers Catedng lease on July 13, 2004_ CONCLUSION AND RECOMMENDATION: The staff recommends that the one-year lease with Leslea J_ Titlow, doing business as The Tee Box, for goll= course food and beverage concessions at Gabe Lozano Sr, Golf Center and Oso Beach Municipal Golf Course be approved. Sally G~/vli k Director of Park and Recreation Attachments: Background Information BACKGROUNDINFORMATION On July 13, 2004 the City Council terminated the contract for food and beverage concessions at the municipal golf courses with Prince Catering (also known as Mel's Catering.) A Request for Proposals (RFP) was issued on July 31, 2004 requesting proposals for a replacement concessionaire. And ad was run twice in the legal notices section of the Caller-Times. The pre-proposal conference was held on August 9, 2004 and the proposals were due on August 18, 2004. One proposal was received for the RFP. The proposal submitted by Leslea Titlow, doing business as The Tee Box, was evaluated and received high scores in all evaluation areas. Leslea and Robert Titlow will be managing the operations at the two courses_ Leslea Titlow has been a Branch Administrator with IKON Office solutions for three years. Previous to her move to Corpus Christi, Leslea managed a climate controlled storage facility in D'lberville, Mississippi. Ms. 'Rtlow has three years experience supervising several cencession booths with Ogden Foods at the Houston Superdome. Robert Titlow currently is a Builder's Representative with Myers Home Builders. He was a Maintenance Engineer at the Radisson and the Ramada hotels for 5 years. Mr. Titlow has been involved in a startup business which included sales, marketing, accounts payable, accounts receivable, and payroll. He was also a major force in the openings of two restaurants in Texas. The Tee Box proposal listed several merchandising ideas and menu additions that showed considerable knowledge of the local market and golfer tastes. The proposed pdces of The Tee Boxes menu reflected market sensitivity and in many areas are lower than the currant prices. The proposal reflected that considerable effort was put into a business plan for the concession. Page I of 3 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A ONE YEAR CONCESSION SERVICES LEASE AND USE AGREEMENT WITH LESLEA J. TITLOW DBA THE TEE BOX AT BOTH THE GABE LOZANO SR. GOLF CENTER AND THE OSO BEACH MUNICIPAL GOLF COURSE IN CONSIDERATION OF LESLEA J. TI'It. OW DBA THE TEE BOX PAYING 17% OF MONTHLY GROSS SALES OR $1,750 PER MONTH, WHICHEVER IS GREATER, AT THE GABE LOZANO SR. GOLF CENTER; AND 17% OF MONTHLY GROSS SALES OR $1,250 PER MONTH, WI-IICHEVER IS GREATER, AT THE OSO BEACH MUNICIPAL GOLF COURSE; DECLARING AN EMERGENCY; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a one year concession services Lease and Use Agreement with Leslea J. Tiflow, dba The Tee Box, in consideration of paying 17% of Monthly Gross Sales or $1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center, and 17% of Monthly Gross Sales or $1,250 per month, whichever is greater, at the Oso Beach Municipal Golf Course. The Lease and Use Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. The one year lease provides for automatic termination when the five year lease becomes effective. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, E any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsfi as required by the City Charter of the City of Corpus Chdsti. H:~.EG_D1R~3o.~4eD.Cu~s~iYDOCS~,~O03.04~.E,a~E ORD~382604DC.Lease. Leslea.-r]flow.dt~a.Tee~ox.~ff.~r~.~.~ 1 y~.OnJ.doc Page 2 of 3 SECTION 5. That upon written request of the Mayor or five Council members, copy attached, the City Council (I) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs end (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 31~t day of August, 2004. ATTEST: Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti _O~D~~GAL FORM 26 August 2004 Doyle D. Curtis Chief, Administrative Law Section Senior Assistant City Attomey For City Attorney H:'~.EG.[~ R'E}oyleO.Curta~YDOCS~003.04~,SE ORD~382604 DC.Lease. L~,lea. T]lk~.dt~a.TeeBox.~.~.~-~n I ~*O~-~ Page 3 of 3 Corpus Chdsti, Texas day of ,2004. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L_ Neal, Jr., Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garret William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H~-~EC--D~R``D~y~eD~CurEs`~YD~CS~3~4`~LF-ASE ~RD`~82~4DC~Lease~L~iea~ Tf8`~w~dba~ TeeB`~x~ Concea~JotYlw. C,~.doc CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Auqust 31, 3004 ]~.~ AGENDA ITEM: AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR CONCESSION SERVICES LEASE AND USE AGREEMENT WITH LESLEA J. TITLOW DBA THE TEE BOX AT BOTH THE GABE LOZANO SR. GOLF CENTER AND THE OSO BEACH MUNICIPAL GOLF COURSE IN CONSIDERATION OF LESLEA J. TITLOW DBA THE TEE BOX PAYING 17% OF MONTHLY GROSS SALES OR $1,750 PER MONTH, WHICHEVER IS GREATER, AT THE GABE LOZANO SR. GOLF CENTER; AND 17% OF MONTHLY GROSS SALES OR $1,250 PER MONTH, WHICHEVER IS GREATER, AT THE OSO BEACH MUNICIPAL GOLF COURSE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. ISSUE: The previous five-year contract with Pdnce Catedng (also known as Mel's Catering) was terminated by the City Council on July 13, 2004 for a vadety of reasons including nonpayment_ Mel's Catedng was given 60 days notice of the termination and will vacate on September 22, 2004. REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases. PREVIOUS COUNCIL ACTION: The City Council terminated Mers Catering lease on July 13, 2004. CONCLUSION AND RECOMMENDATION: The staff recommends that the five-year lease with Leslea J. Titlow, doing business as The Tee Box for golf course food and beverage concessions at Gabe Lozano Sr. Golf Center and Oso Beach Municipal Golf Course be approved. Director ol~Park and Recreation Attachments: Background Information BACKGROUNDINFORMATION On July 13, 2004 the City Council terminated the contract for food and beverage concessions at the municipal golf courses with Prince Catering (also known as Mel's Catering.) A Request for Proposals (RFP) was issued on July 31, 2004 requesting proposals for a replacement concessionaire. And ad was run twice in the legal notices section of the Caller-Times. The pro-proposal conference was held on August 9, 2004 and the proposals were due on August 18, 2004. One proposal was received for the RFP. The proposal submitted by Leslea Titlow, doing business as The Tee Box, was evaluated and received high scores in all evaluation areas. Leslea and Robed Titlow will be managing the operations at the two courses. Leslea Titlow has been a Branch Administrator with IKON Office solutions for three years. Previous to her move to Corpus Christi, Leslea managed a climate controlled storage facility in D'lberville, Mississippi. Ms. Titlow has three years experience supervising several concession booths with Ogden Foods at the Houston Superdome. Robed Titlow currently is a Builder's Representative with Myers Home Builders. He was a Maintenance Engineer at the Radisson and the Ramada hotels for 5 years. Mr. Titlow has been involved in a startup business which included sales, marketing, accounts payable, accounts receivable, and payroll. He was also a major force in the openings of two restaurants in Texas. The Tee Box proposal listed several merchandising ideas and menu additions that showed considerable knowledge of the local market and golfer tastes. The proposed pdces of The Tee Boxes menu reflected market sensitivity and in many areas are lower than the current pdces. The proposal reflected that considerable effort was put into a business plan for the concession. Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR CONCESSION SERVICES LEASE AND USE AGREEMENT WITH LESLEA J. TITLOW DBA THE TEE BOX AT BOTH THE GABE LOZANO SR. GOLF CENTER AND THE OSO BEACH MUNICIPAL GOLF COURSE IN CONSIDERATION OF LESLEA J. TITLOW DBA THE TEE BOX PAYING '17% OF MONTHLY GROSS SALES OR $1,750 PER MONTH, WHICHEVER IS GREATER, AT THE GABE LOZANO SR. GOLF CENTER; AND 17% OF MONTHLY GROSS SALES OR $1,250 PER MONTH, WHICHEVER IS GREATER, AT THE OSO BEACH MUNICIPAL GOLF COURSE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CiTY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute a five year concession services Lease and Use Agreement with Leslea J. T'rtlow dba The Tee Box in consideration of paying 17% of Monthly Gross Sales or $1,750 per month, whichever is greater, at the Gabe Lozano Sr. Golf Center, and 17% of Monthly Gross Sales or $1,250 per month, whichever is greater, at the Oso Beach Municipal Golf Course. The Lease and Use Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease and Use Agreement begins on the 61~ day after City Council adoption of this ordinance on second and final reading and will have a term of five (5) years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti. H:~.EC--DIR~;)oyleO, C u r tb'&~Y ~. 04'J_EAS E OR D~D826040C. Lease. Lasle a-~-~[tow, dba .TeeBo~ Golf Coumes,C o ncess io~5~,O~d.doc Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenem Melody Cooper Henry Gan-eft Page 2 of 2 The foregoing ordinance was read for the first time and passed to its second reading on this the __ day of ,2004, by the following vote: W~lliam Kelly Rex A. Kinnison Jesse Noyola Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett PASSED AND APPROVED on the ATFEST: ,2004, by the following vote: W~lliam Kelly Rex A_ Kinnison Jesse Noyola Mark Scott __ day of Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Vc~~AL FORM 26 August 2004 Chief, Administrative Law Section Senior Assistant City Attorney For City Attomey H :~_ E G-D11:~:)oyleQ C u~'fls~IYDOCS~)03.04 ~SE ORD'~:)82604 DC. Lea se .Lesle a .Tiltow.dba. TeeBox. G<~. ~ u ~. ~ ~ k~.O~l.(~3c 8 AGENDA MEMORANDUM August31,2004 SUBJECT: Multi-Purpose Arena - (Project No. 4236) AGENDA ITEM: Motion to authorize the Cit~ Manager, or his designee, to execute Change Order No. 11 for the Multi-Purpose Arena (American Bank Center Arena) in the amount of $160,744.00 with Fulton Coastcon, Joint Venture of Corpus Chdsti, Texas, for vadous architectural, electhcal, mechanical and structural modifications. FUNDING: Funding is available from the Arena ClP Funds. RECOMMENDATION: Approval of the motion as presented. ~.~e(R~ ~_scobar, P. E. Director of Engineering Services ADDITIONAL INFORMATION Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Background Information Prior Actions Change Order Summary Project Budget Location Map H:~-IOM E~KEVINS~GE N~Amna\CO 11 Mefno.doc ADDITIONAL INFORMATION SUBJECT: Multi-Purpose Arena - (Project No. 4236) BACKGROUND: This complex project has resulted in a number of Council and administrative actions. A summary of the more significant actions is attached. See Exhibit B. CHANGE ORDER No. '11: Change Order No. 11 provides for a variety of modifications. The modifications include architectural, electrical, mechanical, plumbing and structural items. The change order includes 23 modifications with all but four (4) of the changes vast majority of the changes have a value less than $15,000. The largest value item (PCO/CR No. 118) is the modifications of Stairs No. I and 2 allowing the structural steel structure to be free standing and not attach to the Arena in the amount of $33,994.00. The structural engineer had approved shop drawings with the stairs attached to the arena which provided structural support. The second item (PCO/CR) provided additional metal wall panels to extend the height of the east sound wall in the amount of $33,751. The third largest item (PCO/CR 80) extended the masonry wall on the Mezzanine level to interface with the west curtain-wall and provided two access openings in the amount of $33,608.00. The fourth most costly item (PCO/CR) provided additional support framing for the exterior window wall system on the south elevation at the Mezzanine level for $27,432.00. The Change Order Summary provides the complete list of items changed and the cost. See Exhibit C. FUTURE COUNCIL ACTIONS; SMG is developing several furnishings, fixture and equipment packages that are not part of the construction contract. These packages being developed by SMG include: · Vomitory Curtains; · Dasher Board Package with Player/Penalty Boxes · Folding Chairs; · Stackable Carts; · Ice Cover · Transport Cads; · Attic Stock; · Ramps; H:\HOME\KEVINS\GEN~Arena\CO11BkgExhA.doc EXHIBIT "A" Page 1 of 2 · Ice Resurfacer - Zamboni 540; · Scoreboard and Video; · Signage; and · Other FFE items. FUNDING: The change order is funded by the Arena CIP Funds. The project budget is attached. See Exhibit D. H:\HOM E~KEVIN S\GENV~rena\CO 11 BkgExhA.doc EXHIBIT "A" Page 2 of 2 PRIOR ACTIONS PRIOR COUNCIL ACTION: The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). Januarv 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropdatJng $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services dudng the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). Jul,/24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). Auqust 21,2001 - Council approval of the Corpus Chdsti Business and Job Development Board resolcrtion to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). H:~HOME~EVINS~ENV~'ena\CO 11 PdorAc~ionsExhB.doc Page 1 of 4 ~ Auqust 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an eamest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company for a purchase price of $3,319,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the C~ Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Chdsti Bayfront Convention Center and Multipurpose Arena (M2001-424). September 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 5, 2002 - Motion approving the recommended ranking of contractors for the Multi-Purpose Arena and authorizing the City Manager or his designee, to enter negotiations in accordance with the Local Government Cede (M2002-364). November 26, 2002 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Meerhouse-Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the Bayfront Convention Center Expansion / Rehabilitation project (M2002- 399). December 17, 2002 - a. Ordinance Appropriating $49,575,939 in the No. 3275 Arena 2002 CIP Fund from the Proceeds of the Sales Tax Revenue Bonds, Series 2002, to Fund the Construction of EXHIBIT B Page 2 of 4 H:~iOM E~KEVINS~G E NV~en a\CO 11PnorAc~ionsExhB doc the Area; and Declaring an Emergency. b. Motion authorizing the City Manager, or his designee, to execute a construction contract with Fulton-Coastcon Corp., Joint Venture in an amount not to exceed $34,232,798 for the Multi-Purpose Arena and an amount not to exceed $1,500,000 for the Convention Center Expansion Mechanical System Improvements. (Total Contract = $35,732,798) M2002-430. January 14, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 with Gilbane Building Co. in the amount of $2,575,000 for project management services (construction phase) for the Convention Center Expansion and Rehabilitation ($1,287,500) and Multipurpose Arena Projects ($1,287,500) M2003-013. January 21, 2003 - Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection and laboratory services agreement with Fugro South, Inc. in an amount not to exceed $230,000 for the Bayfront Multi-Purpose Arena project (M2003- 032). Ma'/13, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. I for the Multi-Purpose Arena in the amount of $572,309 with Fulton-Coastcon, ,Joint Venture for changes in the structural, acoustical deck, glazing, electrical and other systems (M2003-173). July 8, 2003 - · Ordinance appropriating $30,485 in unappropriated interest eamings from the Water Capital Improvement Fund No. 4081 (1994 Revenue Bond) for a 12-inch water line and two fire hydrants for the multiple purpose arena; amending the Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $30,485. · Motion to authorize the City Manager, or his designee, to execute a Change Order No. 2 for the Multi-Purpose Arena in the amount of $121,118.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for architectural revisions including masonry, plumbing, water main, fire hydrants, electrical, mechanical, structural steel, telecommunication, fire standpipes, fire protection, and solid plastic toilet partitions. Julv 22, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 3 for the Multi-Purpose Arena in the amount of $595,000.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas. for suite build-out (M2003-260). November 18, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 5 for the Multi-Purpose Arena in the amount of $363,609.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for the ice rink chiller unit (M2003-414). December 16, 2003 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 6 for the Multi-Purpose Arena in the amount of $132,190.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various mechanical modifications (M2003-456). February 24, 2004 - Motion to authorize the City Manager, or his designee, to execute a Change Order No. 7 for the Multi-Purpose Arena in the amount of $81,589.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, and mechanical modifications (M2004-064). March 30, 2004 - Motion to authorize the City Manager, or his designee, to execute Change Order No. 8 for the Multi-Purpose Arena in the amount of $362,039.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, and mechanical modifications (M2004-122). I EXHIBITB I Page 3 of 4 H:~H OM E~KEV1N S\G EN~,ren a\CO 11PriorActionsExhB doc April 27, 2004 - Motion to authorize the City Manager, or his designee, to execute Change Order No. 9 for the Multi-Purpose Arena in the amount of $865,793.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for Phase 3 Street and Parking Lot Modifications (M2004-171). June 8, 2004 - Motion to authorize the City Manager, or his designee, to execute Change Order No. 10 for the Multi-Purpose Arena in the amount of $93,457.00 with Fulton Coastcon, Joint Venture of Corpus Christi, Texas, for various architectural, electrical, mechanical and structural modifications (M2004-222). PRIOR ADMINISTRATIVE ACTIONS: July 31, 2000 - Award of Amendment No. I in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. October 31, 2003 - Award of Change Order No. 4 for the Multipurpose Arena in the amount $21,459 to Fulton/Coastcon J.V., LLC for recessed light fixtures for aisle lighting at the upper level vomitodes. May 17, 2004 - Award of Laboratory and Materials Testing Contract in the amount of $12,970 with Fugro for the Convention Center/Arena Phase 3 Street and Parking Lot Modifications. H:'~-IOt~ E~EV~ NS~3 E N~Ar~na~CO 11Pr~rActionsExhB .doc EXHIBIT B Page 4 of 4 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JUNE 8, 2004 PROJECT: MULTI-PURPOSE ARENA Project No. 4236 APPROVED: COUNCIL MOTION No. 2002-430 APPROVED 12/17/02 CONTRACTOR: Fulton/Coastcon J.V., LLC P. O. Box 9486 Corpus Christi, TX 78469 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... 35,732,798.00 8,933,199.50 Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order Change Order No. I (05/13/03) ..................... No. 2 (07/08/03) ..................... No. 3 (O7/22/03) ..................... No. 4 (10/31/03) .................... No. 5 (11/18/03) ..................... No. 6 (12/16/03) ..................... No. 7 (02_/24/04) .................... No. 8 (03/30/04) .................... No. 9 (04/27/04) .................... No. 10 (06/08/04) .................. Change Order No. 11 (08/31/04) .................. Total ............................................................... 572 309.00 121 118.00 595 000.00 21 459.00 363 609.00 132 190.00 81 589.00 362 039.00 865 793.00 93,457.00 160,744.00 3,369,307.00 = 9.43% < 25% Exhibit C Page 1 of 5 CHANGE ORDER No. 11 Department of Engineering Services City of Corpus ChdstJ, Texas CHANGE ORDER NO: 11 FUNDING SOURCE: 550910-3275-00000-120810 Operating Department: Department of Enqineedna Services Name of Project: Ba~front Multi-Purpose Arena #4236 Contractor: Fulton Construction/Coastcon Corp. DATE: Auqust 17, 2004 CONTRACT TIME: 640 C.D. CHANGE AS FOLLOWS: Provide each of the following revisions as identified on the attached Pages 2 of 4 through 4 of 4 in accordance with the requirements outlined in the Contract Documents. Total Add - Lump Sum: $160,744.00 Why was this change necessary? (If left off the plans and specrfications, explain why) The maiori~ of the attached proposed revisions include work as required to modify or complete the current set of Desiqn Documents. How can similar changes be avoided in the future? Many of these items could have been included in the odclinal scope of work if additional information would have been available at the time the corlffact amount was aqre~l upon. A. CONTRACT PRICE .............................................. $ B. TOTAL CHANGE ORDERS (inc. current) ............ $ C. NEW CONTRACT PRICE ..................................... $ D. THIS CHANGE ORDER ........................................ $ E. PERCENT TOTAL CHANGE (B/A) ..................... F. PREVIOUS ADDN'L TIME AUTHORIZED ............ G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME ................................. 35,732,798.00 3,3691307.00 39,102,105.00 160,744.00 9.43 % 0 CD 0 CD 0 CD Project Engineer CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR By: City Engineer By: Title: APPROVED: Operating Dept. Director of Management & Budget Legal Department Exhibit C Page 2 of 5 CHANGE ORDER No. 11 -ARENA Department of Engineering Services City of Corpus Chdsfi, Texas a.) PCOICR No. 80 - Revise and extend the masonry wall running along Column Line "A" in Area 3 at the Mezzanine Level to allow for proper interface with the West Curtainwall and provide two access openings. All additional work shall be performed in accordance with Proposal Request # 33 issued by 'I-VS/ARQ/Gignac dated April 20, 2004. Refer to the Fulton Request for Change Order No. 113- R1 dated June 15, 2004. Add = $33,608.00 b.) PCOICR No. 105 - Provide masonry and drywall chase for the roof drain at the northeast comer (Event Level). All additional work shall be performed in accordance with Proposal Request #51 issued by TVS/ARQ/Gignac dated March 27, 2004. Fulton/Coastcon Construction Request for Change Order No. 109 dated Apdl 29, 2004 Add = $1,466.00 c.) PCOICR No. 118 - Provide modificalJons to Stairs No. 1 and 2 allowing the structural steel structure to be free standing in lieu of supported from the north face of the Arena. All additional work shall be performed in accordance with Fulton/Coastcon Request for Change Order No. 119 dated May 11, 2004. Add = $33,994.00 d.) PCOICR No. 120 - Provide all additional work associated with infilling the Vomitory offeets by installing hat channels and high impact gypsum board. All additional work shall be performed in accordance with the response to the Request for Information No. 227 dated March 30, 2004. Fulton/Coastcon Request for Change Order No. 121 dated May 14, 2004. Add = $784.00 e.) PCOICR No. 121 - Provide all additional work as required to add the new floors sinks/drains for the dehumidifiers at the west end of the Arena. All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 123 dated May 20, 2004. Add = $2,534.00 f.) PCOICR No. 122 - Provide the additional work associated with changing the specified storefront glass at the south Upper Concourse to spandrel glass. All additional work shall be performed in accordance with the shop drawing review comments prepared by TVS/ARQ/Gignac and the Fulton Request for Change Order No. 122 dated May 18, 2004. Add = $3,484.00 g.) PCOICR No. 123 - Provide revisions as required to raise the ceiling atthe Show Power Room and install fire treated plywood above all sloped and horizontal ceiling areas. All additional work shall be performed in accordance with the response by ARQ/Gignac to the R.F.I. No. 232 dated April 21, 2004. Fulton/Coastcon Request for Change Order No. 124 dated May 21,2004. Add = $6,862.00 h.) PCO/CR No. 124 - Provide a chain hoist operated coiling door at the Basketball Storage Room. All additional work shall be performed in accordance with the response to the Request for Information No. 167 dated September 29, 2003. Fulton/Coastcon Request for Change Order No. 125 dated May 24, 2004. Add -- $2,231.00 Exhibit C Page 3 oi" 5 a.) b.) c,) d.) e.) f.) CHANGE ORDER No. 11 -ARENA Department of Engineering Services City of Corpus Chdsti, Texas PCOICR No. 80 - Revise and extend the masonry wall running along Column Line "A" in Area 3 at the Mezzanine Level to allow for proper interface with the West Curtainwall and provide hvo access openings. All additional work shall be performed in accordance with Proposal Request # 33 issued by TVS/ARQ/Gignac dated Apd120, 2004. Refer to the Fulton Request for Change Order No. 113- R1 dated June 15, 2004. Add = $33,608.00 PCOICR No. 105 - Provide masonry and drywall chase for the roof drain at the northeast comer (Event Level). All additional work shall be performed in accordance with Proposal Request #51 issued by TVS/ARQ/Gignac dated March 27, 2004. Fulton/Coastcon Construction Request for Change Order No. 109 dated April 29, 2004. Add = $1,466.00 PCOICR No. 118 - Provide modifications to Stairs No. 1 and 2 allowing the structural steel structure to be free standing in lieu of supported from the north face of the Arena. All additional work shall be performed in accordance with Fulton/Coastcon Request for Change Order No. 119 dated May 11, 2004. Add = $33,994.00 PCOICR No. t20 - Provide all additional work associated with infilling the Vomitory offsets by installing hat channels and high impact gypsum board. All additional work shall be performed in accordance with the response to the Request for Information No. 227 dated March 30, 2004. Fulton/Coastcon Request for Change Order No. 121 dated May 14, 2004. Add = $784.00 PCOICR No. 121 - Provide all additional work as required to add the new floors sinks/drains for the dehumidifiers at the west end of the Arena. All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 123 dated May 20, 2004. Add = $2,534.00 PCOICR No. 122 - Provide the additional work associated with changing the specified storefront glass at the south Upper Concourse to spandrel glass. All additional work shall be performed in accordance with the shop drawing review comments prepared by 'I-VS/ARQ/Gignac and the Fulton Request for Change Order No. 122 dated May 18, 2004. Add = $3,484.0O g-) PCOICR No. 123 - Provide revisions as required to raise the ceiling at the Show Power Room and install fire treated plywood above all sloped and horizontal ceiling areas. All additional w~rk shall be performed in accordance with the response by ARQ/Gignac to the R.F.I. No. 232 dated April 21, 2004. Fulton/Coastcon Request for Change Order No. 124 dated May 21, 2004. Add = $6,862.00 h.) PCOICR No. 124 - Provide a chain hoist operated coiling door at the Basketball Storage Room. All additional work shall be performed in accordance with the response to the Request for Information No. 167 dated September 29, 2003. Fulton/Coastcon Request for Change Order No. 125 dated May 24, 2094. Add = $2,231.00 Exhibit C Page 3 of 5 i.) j.) k.) m.) n.) o.) P.) CHANGE ORDER No. 11 -ARENA Department of Engineering Services City of Corpus Chdsti, Texas PCOICR No. 125 - Provide fire pump wiring changes to the Main Switchboard MSA & MSB One- Line Diagram and Emergency MCC 1EMCCA One-Line Diagram. All additional work shall be performed in accordance with the Proposal Request No. 30 issued by TVS/ARQJGignac dated November 19, 2003. The original pdce was a "not to exceed pdce" and this change represents the final settlement amount. Fulton Request for Change Order #133 dated May 26, 2004.. Deduct = ($8,899.00) PCOICR No. 128 - Provide additional cylinders for the roll-up doors and grilles. These cylinders are not specified or shown on the drawings. This work shall be provided in accordance with the Fulton/Coastcon Request for Change Order #128 dated June 8, 2004. Add = $1,359.00 PCOICR No. 131 - Provide ceramic tile in lieu the vinyl wall covering in Restrooms 2-403 and 2- 405. All additional work shall be pe~ormed in accordance with the Proposal Request No. 56 issued by 'rVS/ARQ/Gignac dated June 18, 2004. Fulton/Coastcon Request for Change Order No. 133 dated July 8, 2004. Add = $1,681.00 PCOICR No. 134 - Delete the accordion door and enlarge two cabinets to their original size in the Suites. All additional work shall be performed in accordance with the Proposal Request No. 43 issued by 'rVS/ARQ/Gignac dated March 15, 2004. Fulton Request for Change Order No. 131 dated July 1, 2004. Deduct = ($991.00) PCOICR No. 135 - Eliminate the concealed door cJosures at the Suites as directed by the Design Team. This revised scepe of work shall be performed in accordance with the Fulton Request for Change Order No. 130 dated June 18, 2004. Deduct = ($1,214.00) PCOICR No. 139 - Eliminate the soap holders at the shower areas. This revised scope of work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 134 dated July 9, 2004. Deduct = ($717.00) PCOICR No. 140 - Provide additional support framing for the extedor window wall system on the south elevation at the Mezzanine Level. All additional work shall be performed in accordance with the Fulton Request for Change Order No. 136-R1 dated July 21, 2004. Add = $27,432.00 PCOICR No. 141 - Provide reinforcing steel dowels in the retaining wall around the Loading Dock for the future screen wall. All additional work shall be performed in accordance with the Fulton Request for Change Order No. 143 dated July 26, 2004. Add = $3,034 00 Exhibit C Page 4 of 5 CHANGE ORDER No. 11 -ARENA Department of Fngineedng Services City of Corpus Christi, Texas q.) PCOICR No. 142 - Provide additional ten'~o and transition stdps at [he Vomitory's. All additional work shall be performed in accordance with the Proposal Request No. 58 issued by 'I-VS/ARQ/Gignac dated July 22, 2004. Fulton/Coastcen Request for Change Order No. 141 dated July 28, 2004. Add = $12,600.00 r.) PCOICR No. 144 - Provide finished aluminum trim dngs for the Type KF 11 light fixtures. All additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 140 dated July 21,2004. Add = $3,178.00 s.) PCOICR No. 145 - Install the remote refrigeration unit on the structural steel platform near the Convention Center Garage below Stair E-I. All additional work shall be performed in accordance with the Fulton/Coastcen Request for Change Order No. 138 dated July 21, 2004. Add = $3,111.00 t.) PCOICR No. '146 - Delete the stainless steel center rail on the Grand Stairs No. 1. This revision shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 144 dated July 26, 2004. Deduct = ($3,920.00) u.) PCO/CR No. t47 - Provide additional metal wall panels as required to extend the height of the east sound wall. All additional work shall be performed in accordance with the response to the Fulton/Coastcen Request for Change Order No. 142 dated July 26, 2004. Add = $33,751.00 v.) PCOICR No. 150 - Provide additional work associated with changing the existing west wall (between doors 1-401A and 1-.405A) from metal stud and gypsum board to burnished block. Ali additional work shall be performed in accordance with the Fulton/Coastcon Request for Change Order No. 145 dated July 30, 2004. Add = $3,704.00 w.) PCOICR No. 151 - Provide modifications to the structural steel platform for the remote compressor below Stair E-1 as required to allow the unit to be moved further east. All additional work shall be performed in accordance with the Fulton/Coastcen Request for Change Order No. 147 dated August 5, 2004 Add = $1,672.00 Exhibit C Page 5 of 5 MULTI-PURPOSE ARENA PRELIMINARY BUDGET Apdl 27, 2004 Revenues Arena Proceeds: Federal Grant Prior Year Tax Revenue Bond Proceeds Utility Proceeds Convention Center Proceeds Bond Procaeds (Approhatad Nov. 26, 2002) Available Funds Expenditures Land Acquisition Sub{otal Construction Contingency (2.96%) Change Order No. I (Structural V.E.) Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Om~er No. 5 Change Order No. 6 Change Order No. 7 Change Order No. 8 (Mechanical) (Suites) (vomitory light Ex'tures) (Ic~ Rink Chiller) (Mechanical sl]'uctural) (Arch., elec.,& rnech.) (Arch., elec., & mech.) Change Order No. 9 (Roadway) Change Order No. 10 (Arch., elee, rnech, struc.) Change Order No. 11 (Arch., elec. mech, stmc.) Convention Center Share of Mechanical Plant ArE A/E Amendment 1 & 2 (split bow1. road, etc.) NE Amd. 3 (rocl~ inspection & renderings) NE Roaclv~y NE Roadway Amend. No. 1 (Landsc. ape Arch.) Survey Pier Test (Laurenoe & Assoc./Large & Sons) Soufl~wes[em Bell Logal Fees (Locke, LJddell & Sapp) Facility Manager (SMG) Engir~=~ring Reimb. Administra(ive Charges Geotechnical Planning - City Servioes Project Management PM Construction Phase Ad Mateit als tes[ingJiaboratory Materials tesling/laboratory C.O. 9 Roadway Misc, (Pdnl~ng, Postage, etc.) Subtotal Other Conb'acte Seating Food Concession Equipment C.O. I (expresso machine, []'eezers, hot dog eq.) Signage and Wayfinding Furnishing/Fixtures/Equipment FFE Subtotal Total 498,900.00 1,399,146.33 49,575,939.00 30,485.00 51,473,985.33 1,500,000.00 52,973,985.33 3,328,828.39 3,328,828.39 34,232,798.00 398,557.00 572,309.00 121,118.00 595,000.00 21,459.00 363,60900 132,190.00 81,589.00 362,039.00 432,896.50 93,457.00 160,744.00 2,786,350.00 461.199.00 13,850.00 21,000.00 2,695.00 4,080.00 35,080.00 5,325.47 20,000.00 125,000.00 124,000,00 60,600.00 27,880.00 21,515.00 288,500.00 1,300,000.00 185,000.00 257,880.00 6,485.00 130,000.00 44,944,204.97 1,230,504,75 407,123.00 18,869.00 144,455.00 1,600,951.75 2,900,000.00 2,900,000.00 52,973,985.11 Exhibit D Page 1 of I ~le : \Mproject\councilexhibits\exh4256cl l,dwg SHIP CHANNEL - i. HN~BOR BRIOCE CITY PROJECT No. 4236 VICINITY MAP NOT TO SCALE MUI. TI-PURPOSE ARENA (Chonge Order No. I I) CITY OF CORPUS CHRIST, TEXAS N PROJECT SITE COflPUS CHR1STI BAY EXHIBIT "E' CITY COUNCIL EXHIBIT OEPAR77~ENT OF ENG~IEERINC SERV~ES PAGE: I of 1 DATE: 08-25-2004 9 CiTY COUNCIL AGENDA MEMORANDUM City Council Action Date: Au(lust 31, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 10 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $308,145 for various architectural, electrical, mechanical, structural and other modifications. (Project No. 4198) ISSUE: The change order is necessary to address some 23 modifications. FUNDING: Funds will be available from the Convention Center 2002 CIP Fund. RECOMMENDATION: Approval of the ordinance and motion as presented. 'A/R~. EZscobar, P.E. Date Director - Engineering Services A~tachments: Exhibit A: Background Exhibit B: Change Order Exhibit C: Budget Exhibit D: Loca§on Map H:~-IOM E~KEV1N S\GE N\CONVCTR~E.XPAN S IO\C O 10Mern o.d oc BACKGROUNDINFORMATION ADDITIONAL INFORMATION: This change order addresses twenty three (23) issues that have emerged during construction. The item with the highest value (PCO/CR 133) provides metal panel, glazing, roofing and caulking to improve the exterior appearance of the south side of the Selena Auditorium. This work is necessary due to exposure of weld plates and CMU when the retum at the corner to install metal panels was made. The cost of PCO/CR 133 is $128,582.00 Sixteen of the change items have a value of less than $20,000.00. The items costing more than $10,000.00 in order of descending value were: PCO/CR 133 - Modification of structural framing of the Grand Staircase in the Main Entry Lobby to permit the deletion of the south column - $39,031.00. PCO/CR 157 - Modify the existing concrete pre-cast and add miscellaneous metal angles at the Selena Auditorium handrails - $22,641.00. PCO/CR 159 - Saw cutting kerfs into the existing pre-cast and placing plaster over the existing exposed concrete - $22,139.00. PCO/CR 150 - Provide additional work to extend the Pre-function Roof Deck and add deck at the Lobby roof - $21,096.00. PCO/CR 62 - Modify the ceilings in the Pm-function Areas to allow access to mechanical equipment above sheetrock ceilings - $17,590.00. PCO/CR 160 - Modify the drywall and glass handrail in the Selena Auditorium - $12,940.00. The Contract Summary provides a complete list of the items being modified by Change Order No. 10. See Exhibit B. The project has had very few change orders. There have been nine prior change orders. Four of the change orders were initiated by the City for additional work that was not part of the odginal scope. Change Order No. 3 ($126,892) addressed water damage to elevators, doors, etc. Change Order No. 4 ($142,059) addressed structural repairs to the air handling unit screen walls. Change Order No. 7 ($607,599) provided a new air handling unit. Change Order No. 8 with a cost of $655,411 included a new roof for the Selena Auditorium with a value of $529,079. Various items included in Change Order 10 were initiated by the City and architects. This includes the two most costing items which were: · Additional metal panels, glazing, roofing, and caulking for the south face of the Selena Auditorium (PCO/CR 133 - $128,582); and · Modification to Grand Staircase to permit removal of column to enhance the aesthetic appearance of the Main Entry Lobby (PCO/CR 145 - $39,031). PRIOR COUNCILACTION: IEXHIBITA I Page 1 of 5 H:~IOME~,KEVIN S~GE N',CO NVCTR~EXPAN S lO,CO 10 B kg ExhA.d oc The Arena and Convention Center projects have involved a number of complex actions. Some of the significant actions by Council include: June 29, 1999 - Ordinance increasing the Hotel-Motel Occupancy Tax Rate from 7% to 9% (Ord. No. 023684). February 8, 2000 - Motion awarding project management contract in the amount of $486,000 to Gilbane Building Company for the Bayfront Convention Center Expansion and Rehabilitation project (M2000-039). November 14, 2000 - Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Chdsti for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of the Development Corporation Act as approved by the voters in Propositions 4 and 5 (Ord. No. 024269). January 23, 2001 - Ordinance appropriating and advancing $900,000 for the Arena project (Ord. No. 024346). January 30, 2001 - Ordinance appropriating $583,600 from anticipated revenues of the 2% Hotel Occupancy Tax and transferring $583,600 to the No. 3180 Convention Center Capital Improvement Fund (Ord. No. 024348). January 30, 2001 - Motion awarding an architectural services contract to Thompson, Ventulett, Stainback and Associates, Inc. For the multi-purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects providing that $1,383,600 is currently authorized with the remaining balance of $3,093,250 being authorized only upon appropriation of funds (M2001-034) February 13, 2001 - Ordinance appropriating $900,000 from increased revenues generated by the 1/8 cent sales tax increase for the Multi-Purpose Arena Facility. February 13, 2001 - Ordinance rescinding Ordinance No. 024346 which appropriated $900,000 from the Unreserved Fund Balance of the Hotel Motel Occupancy Tax Fund; advancing $900,000 to and appropriating in the No. 3275 Arena Facility CIP Fund. February 20, 2001 - Motion authorizing Amendment No. 2 with Gilbane Building Company in the amount of $281,000 for construction management services dudng the design phase of the Multipurpose Arena and Bayfront Convention Center Expansion and Rehabilitation projects (M2001-080). July 24, 2001 -Ordinance adopting the FY2001-2002 Budget and appropriating funds as set forth (Ord. No. 024528). August 21, 2001 - Council approval of the Corpus Christi Business and Job Development Board resolution to issue a $5 million note for the land acquisition associated with the Multipurpose Arena and authorization to issue the notes on (Res. No. 024551). Auqust 28, 2001 - · Authorization to submit a grant application for an Economic Development Initiative Special Project in the amount of $498,900 for land acquisition to expand the Bayfront Arts and Sciences Park (Res. No. 024563); · Authorization to execute all documents necessary to accept and implement an Economic Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (M2001-339); · Appropriation of $498,900 subject to approval by the U. S. Housing and Urban Development in the No. 1050 Federal State Grants Fund for the FY2001 Economic EXHIBIT A I Page 2 of 5.1[ H :~J-IOM E~EVINS\G E N\CONVCTR~XPAN SIO~C O 10 B kg Exh,A.d oc Development Initiative Special Project for land acquisition to expand the Bayfront Arts and Sciences Park (Ord. No. 024564); · Authorization to execute an earnest money contract in the amount of $250,000 for acquisition of Lots 1 - 12, Block 72, Beach Addition with TRT Development Company for a purchase price of $3,319,084 (M2001-340). September 11,2001 - Motion authorizing the City Manager, or his designee, to execute a geotechnical investigation and study in the amount of $39,880.00 with Fugro South, Inc., for the Multipurpose Arena and Convention Center Expansion/Rehabilitation project (M2001-346). October 30, 2001 - Ordinance appropriating $5,000,000 from loan proceeds into the Arena Facility Fund No. 3275 for Multipurpose Arena land acquisition, amending Ordinance No. 024162 which adopted the FY2000-2001 Capital Budget by increasing appropriations by $5,000,000; and declaring an emergency. November 13, 2001 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., in an amount not to exceed $78,300 for wind tunnel studies of the Corpus Chdsti Bayfront Convention Center and Multipurpose Arena (M2001-424). Auqust 27, 2002 - Motion authorizing the City Manager or his designee, to execute a contract for Construction Manager at Risk services with Moorhouse - Beecroft, Joint Venture for the Convention Center Expansion and Renovation Project (M2002-283). SeDtember 9, 2002 - a. Ordinance appropriating $425,000 from the Hotel Occupancy Tax Fund No. 1030 un- appropriated fund balance (HB 1655 Convention Center Expansion/Renovation proceeds); authorizing the transfer of $425,000 and appropriating $425,000 in the Convention Center Expansion/Renovation Capital Fund No. 3180 and declaring an emergency (Ord. # 025003) b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 in an amount not to exceed $736,465 to the architectural services contract with Thompson, Ventulett, Stainback & Associates, Inc., for additional design and construction phase services for the Corpus Christi Bayfront Convention Center and Multipurpose Arena (M2002-292) November 26, 2002 - a. Ordinance providing for the issuance of City of Corpus Christi, Texas Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Sedes 2002, in an aggregate principal amount of $31,545,000 and ordaining other matters relating to the subject (Ord. #025121). b. Ordinance appropriating $1,626,418 from Reserve for Convention Center Expansion in the Hotel Occupancy Tax Fund 1030; authorizing the transfer of $1,626,418 to the Convention Center 2002 CIP Fund; appropriating $34,185,505 in the Convention Center 2002 CIP Fund; $32,131,337, from the Combination Tax and Municipal Hotel Occupancy Tax Revenue Certificates of Obligation, Sedes 2002, $1,626,418 from the Hotel Occupancy Tax Fund 1031, and $427,750 from anticipated interest earnings in the Convention Center 2002 CIP Fund, to fund the construction and expansion of the Convention Center (Ord. #025122). c. Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Construction Manager at Risk contract with Moorhouse - Beecroft, Joint Venture, LLC establishing a Guaranteed Maximum Price of $25,000,000 for construction of the EXHIBIT A Page 3 of 5 H:~HOM E~KEVINS',G E N~;ONVCTR~X PAN S lO\CO lOBkg ExhA.d oc Bayfront Convention Center Expansion / Rehabilitation Project, subject to the appropriation of funds (M2002-399). February 18, 2003 - Motion authorizing the Acting City Manager, or his designee, to execute Amendment No. 2 to the Contract for Construction Manager at Risk services contract with Moorhouse - Beecroff, Joint Venture, LLC of Corpus Christi, Texas reducing the Guaranteed Maximum Price of $25,000,000 to $24,614,045 for construction of the Bayfront Convention Center Expansion / Rehabilitation Project (M2003-069). June 17, 2003 - Ordinance Appropriating $107,252.00 from the un-appropriated fund balance the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; Amending Ordinance No. 025394 which Adopted the FY 2003-2004 Operating Budget by increasing appropriations by $107,252.00; and Declaring an Emergency (Ord. No. 025340). Auqust 19, 2003 a. Appropriating a $107,252.00 Insurance Settlement in the Visitors Facility Fund No. 4710 for Convention Center Flood Damage Repairs; Amending the FY 2003-2004 Operating Budget Adopted in Ordinance 025394 by increasing appropriations by $107,252.00; and Declaring an Emergency (Ord. No. 025409). b. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with Moorhouse/Beecroff, Joint Venture, LLC, in the amount of $126,892.00 for flood damage repairs to existing Convention Center doors, frames, and elevators (M2003-273). December 16, 2003 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $872,818 for mechanical, structural and other modifications (M2003--455). March 2, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 9 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $281,478 for various architectural, electrical, mechanical, structural and other modifications (M2004-071). PRIOR ADMINISTRATIVE ACTIONS: July 31, 2000 - Award of Amendment No. 1 in the amount of $7,500 to Gilbane Building Company for architectural selection assistance for the multi-purpose arena. November 4, 2002 - Award of a contract in the amount of $8,800 to Shiner Moseley and Associates for the development of the Convention Center Expansion and Multipurpose Arena Traffic Control Plan. November 12, 2002 - Award of a contract in the amount of $2,800 to MEI Govind for survey services associated with partial closure of Shoreline Boulevard. November 12, 2002 - Award of a contract in the amount of $10,500 to Laurence & Associates for the Multi-Purpose Arena Pile Load Test. Apdl 17, 2003 - Award of Change Order No. I in the amount of $22,738 to Moorhouse/Beecroft Joint Venture, LLC for miscellaneous architectural, civil and utility modifications. July 3, 2003 - Award of Change Order No. 2 in the amount of $22,035 to Moorhouse/Beecroft Joint Venture, LLC for bus turnaround, directional parking marking, sidewalks, handicapped improvements, subgrade and other modifications. EXHIBIT A Page 4 of 5 H:'~HOM E~J(EVINS\G E N\CO NVCTR't~XPANS IO~:O 10B kg ExhA.d oc December 18, 2001 - Award of an engineering services contract to Shiner Moseley and Associates in the amount of $18,750 for a condition survey and repair recommendations of the Convention Center Cooling Tower Supports and Equipment Screens. September 9, 2002 - Award of a contract in the amount of $1,000 to Mody Boatright for an environmental review/survey of the Convention Center Cooling Tower Supports and Equipment Screens. May 5, 2003 - Award of contract to PSI in the amount of $5,600 for development asbestos and lead abatement specifications for the Convention Center Cooling Tower Supports and Equipment Screens. May 23, 2003 - Award of a contract in the amount of $2,500 to Anderson and Associates of Houston, Texas for visual, microscopic, scanning electron microscopic and EDS elemental analysis of material samples for the Convention Center Cooling Tower Supports and Equipment Screens. July 10, 2003 - Award of Amendment No. 1 to PSI in the amount of $16,735 for air monitoring, asbestos and lead consulting dudng construction and laboratory analysis of materials for the Convention Center Cooling Tower Supports and Equipment Screens. October 25, 2003 - Award of Change Order No. 5 to Moorhouse/Beecroff in the amount of $17,331 for miscellaneous concrete, fireproofing, audiovisual, and MEP work. December 3, 2003 - Award of Change Order No. 6 to Moorhouse/Beecroft in the amount of $20,816 for miscellaneous utility, structural and MEP work. December 12, 2003 -Award of Amendment No. 3 for architectural services contract in the amount of $22,700 to Thompson, Ventulett, Stainback and Associates, Inc. for the multi- purpose arena and Bayfront Convention Center Expansion and Rehabilitation projects for roof inspection and renderings. May 17, 2004 - Award of Laboratory and Materials Testing Contract in the amount of $12,970 with Fugro for the Convention Center/Arena Phase 3 Street and Parking Lot Modifications. June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 9 with Moorhouse/Beecroft, Joint Venture, LLC, for the Convention Center Expansion and Rehabilitation in the amount of $281,478 for various architectural, eleotdcal, mechanical, structural and other modifications (M2004-223). H:'~HOME~EVINS~GEN\CONVCTR~_XPANSIO\COIOBkgExhA.doc EXHIBIT A I Page 5 of 5 DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET AUGUST 31,2004 PROJECT: CONVENTION CENTER EXPANSION AND REHABILITATION Project No. 4198 APPROVED: COUNCIL MOTION No. 2002-283 APPROVED 8/27/02 CONTRACTOR: Moorhouse - Beecroft, Joint Venture, LLC 5826 Bear Lane Corpus Christi, TX 78405 TOTAL CONTRACT AMOUNT ...................... 25% Limit Amount .......................................... 24,614,045.00 6,153,511.25 Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. Change Order No. I 04/19/03) ..................... 2 , 04/03/03) .................... 3,07/19/03) .................... 4 , 10/21/03) .................... 5 , 10/25/03) .................... 6 ' 12/03/03) ..................... 7 12/16/03) .................... 8 02/24/03) .................... 9 06/08/04) .................... Change Order No. 10 (08/31/04) .................. Total ............................................................... 22,738.00 22,035.00 126,892.00 142,059.00 17,331.00 20,816.00 872,818.00 665,411.00 281,478.00 308,145.00 2,479,723.00 = 10.07% < 25% Exhibit B Page 1 of 5 CHANGE ORDER No. 10 Department of Engineering Services City of Corpus Chdsti, Texas CHANGE ORDER NO: 10 FUNDING SOURCE: 580910-3181-00000-110710 Operating Department: Department of Enqineednq Services Name of Project: Convention Center Expansion/Renovation #-4198 Contractor: Moorhouse/Beecroft Joint Venture, LLC DATE: Auqust 10, 2004 CONTRACT TIME: 670 C.D. CHANGE AS FOLLOWS: Provide each of the following revisions (Items "a" through "w") as identified on the attached Pages 2 of 4 through 4 of 4 in accordance with the requirements outlined in the Contract Documents. Total Add - Lump Sum: $308,145.00 Why were these changes necessary? (If left off the plans and specifications, explain why) The maiodtv of the attached proposed revisions include work as recluired to modify or complete the current set of Desiqn Documents. How can similar changes be avoided in the future? Many of these items could have been included in the odqinal scope of work if additional information would have been available at the time the contract amount was ag reed upon. A. CONTRACT PRICE .............................................. $ B TOTAL CHANGE ORDERS (inc. current) ........... $ C NEW CONTRACT PRICE .................................. $ D. THIS CHANGE ORDER ..................................... $ E. PERCENT TOTAL CHANGE (B/A) ....................... F. PREVIOUS ADDN'L TIME AUTHORIZED ............ G. ADDN'L CONTRACT TIME THIS CHANGE ORDER H. TOTAL ADDITIONAL TIME ................................ 24,614,045.00 2,479,723.00 27,093,768.00 308,145.00 10.07% 0 CD 0 CD 0 CD Project Engineer CITY OF CORPUS CHRISTI, TEXAS By: City Engineer APPROVED: CONTRACTOR By: Title: Operating Dept. Director of Management & Budget Legal Department Exhibit B Page 2 of 5 CHANGE ORDER No. 10 CONVENTION CENTER EXPANSION Department of Engineering Services C~ty of Corpus Christi, Texas a.) b.) c.) d) e.) f.) g.) h.) PCO/CR No. 62 - Provide revisions to the ceilings in the Prefunction Areas as required to allow access to the mechanical equipment above the sheetrock ceilings. All additional work shall be performed in accordance with the Moorhouse/Beecroft Change Proposal No. 75 dated July 5, 2004. Add: $17,590,00 PCOICR No. 125 - Provide revisions to the Phone Room 1203 as required to convert the room into an office. All additional work shall be performed in accordance with the Proposal Request No. 37-R1 issued by TVS/Gignac dated April 26, 2004. Also refer to the Moorhouse/Beecroff Change Proposal No. 122 dated May 25, 2004. Add = $3,990.00 PCOICR No. 133 - Provide metal panel, glazing, roofing and caulking revisions to the south side of the Selena Auditorium as required to improve the extedor skin of the building. All additional work shall be performed in accordance with the Moorhouse/Beecroff Change Proposal No. 141 dated July 29, 2004. Add = $128,582.00 PCOICR No. 142 - Provide a 2 ½" fiat vinyl base by VPI #31 Polaris at the Level 1 Columns. All additional work shall be performed in accordance wrth the Proposal Request No 44 issued by TVS/Gignac dated May 6, 2004. Moorhouse/Beecroff Change Proposal No. 162 dated 5721/04. N/C PCOICR No. 145 - Provide revisions to the Grand Stair in the Main Entry Lobby as required to modify the structural framing and delete the south column. All additional work shall be performed in accordance with the Proposal Request No. 22-R1 issued by TVS/Gignac dated June 21, 2003. Moorhouse/Beecroft Change Proposal No. 165 dated June 28, 2004. Add = $39,031.00 PCOICR No. 146 - Provide revisions to the framing at the east wall of the Ballroom. Ail additional work shall be performed in accordance with the response to the Request for Information No. 306 dated January 29, 2004. Moorhouse/Beecroft Change Proposal No. 166 dated May 19, 2004. Add: $4,196.00 PCOICR No. 147 - Relocate the electrical conduit to the existing marquee on the south face of the Selena Auditorium. All additional work shall be performed in an effort to avoid interferences with the new construction. Moorhouse/Beecroff Change Proposal No. 167 dated May 26, 2004. Add = $1,995.00 PCOICR No. 1 $0 - Provide the additional work associated with extending the Prefunction Roof Deck and add deck at the Lobby Roof at elevation 22'- 8". All additional work shall be performed in accordance with the responses to RFI's No. 235-R1,318 and 408. Moorhouse/Beecrofl Change Proposal No. 151 dated June 28, 2004. Add = $21,096 00 Exhibit B Page 3 of 5 CHANGE ORDER No, 10 CONVENTION CENTER EXPANSION Department of Engineering Services City of Corpus Christi, Texas i.) PCOICR No. 152 - Provide additional fire protection sprinkler system in the existing Lobby 1601 as required to meet code. All additional work shall be performed in accordance with the proposal from Honeycutt Fire Systems dated June 2, 2004. Moorhouse/Beecroft Change Proposal No. 174 dated June 15, 2004. Add = $9,823.00 J) PCO/CR No. 163 - Provide acrylic backing to the gypsum board behind the SWP-1 wall panels at the Ballroom Intedor Nodh Elevation. All additional work shall be provided in accordance with the Architect's Supplemental Instructions No. 11-R1 issued by TVS/Gignac dated Apdl 9, 2004. Moorhouse/Beecroft Change Proposal No. 157 dated June 17, 2004. Add = $2,713.00 k) PCO/CR No. 154 - Provide super white paint at the Entry Lobby pipes and paint the canopy struts with a fluoropolymer paint to match the window frames All additional work shall be performed in accordance with the painting submittal review comments dated June 2, 2004. MoorhouseJBeecroft Change Proposal No. 178 dated June 17, 2004. Add = $1,075.00 PCO/CR No. 155 - Provide modifications to the curtain wall system and metal wall panels at the smoking balcony. All additional work shall be performed in accordance with the response to the Request for Information No. 370 dated Apdl 20, 2004. MB-JV Change Proposal No. 180 dated June 28, 2004. Add = $3,105.00 m.) PCOICR No. 156 - Revise the wood frames around the mirrors to stained maple as requested by the Design Team. All additional work shall be performed in accordance with the email from TVS dated June 23, 2004. Moorhouse/Beecroft Change Proposal No. 179 dated June 24, 2004. Add = $1,190.00 n.) PCOICR No. '157 - Provide all revisions to the existing concrete precast and add miscellaneous metal angles at the Selena Auditorium handrails. All additional work shall be performed in accordance with the response to the Request for Information No. 358-R1 dated June 23, 2004. Aisc refer to the Moor'house/Beecroft Change Proposal No. 147 dated July 5, 2004. Add = $22,641.00 o.) PCO/CR No. 158 - Relocate the fire hose cabinet at the Selena Auditorium. The FHC will be relocated across the hall and all additional work shall be performed in accordance with the Moorhouse/Beecroft Change Proposal No. 181 dated June 9, 2004. Add = $2,213.00 p.) PCOICR No. 159 - Provide all revisions associated with saw cutting kerfs into the existing precast and placing plaster over the existing exposed concrete. All additional work shall be performed in the Selena Auditorium in accordance with the Moorhouse/Beecroft Change Proposal No. 137 dated July 20, 2004. Add = $22,139.00 Exhibit B Page 4 of 5 CHANGE ORDER No. 10 CONVENTION CENTER EXPANSION Department of Engineering Services Cit:y of Corpus Chdsfi, Texas q.) r) s.) t.) u.) v.) w.) PCOICR No, 160 - Provide all revisions to the drywall and glass handrail in the Selena Auditorium. All additional work shall be performed in accordance with the response to the Request for Information No. 358,391 and 395. Also refer to the Moorhouse/Beecroff Change Proposal No. 177 dated July 19, 2004. Add = $12,940.00 PCOICR No. 161 - Provide additional Maxicom wall boxes and revisions to the sound system equipment. All additional work shall be performed in accordance with the response to the Request for Infon'nation No. 265,404 and 413. Also refer to the Moorhouse/Beecroft Change Proposal No. 187 dated July 21, 2004. Add = $3,210.00 PCOICR No. 164 - Provide all additional work associated with removing and replacing the light fixtures in Storage Room 2214. Also relocate the existing light switches and dimmer controls for the existing Ballroom. All additional work shall be performed in accordance with the response to the Request for Information No. 396 dated May 26, 2004. Moorhouse/Beecroft Change Proposal No. 168 dated July 29, 2004. Add = $1,160.00 PCOICR No. 165 - Provide all additional work associated with modifying the existing Janitor's Closet at Vestibule 1211. All additional work shall be performed in accordance with the response to the Request for Information No. 389 dated May 21,2004 Moorhouse/Beecroff Change Proposal No. 169 dated July 29, 2004 Add = $3,656.00 PCOICR No. 166 - Provide revisions to the existing structural steel cross members near doors D/1202 and B/1303. All additional work shall be performed in accordance with the response to the Request for Information No. 309 issued by TVS/Gignac dated Dec. 31,2003. Moorhouse/Beecroft Change Proposal No. 138 dated August 2, 2004. Add = $957.00 PCOICR No. 167 - Provide revisions to the chopped stone at the Second Floor Elevator Lobby. All additional work shall be performed in accordance with the response to the Request for InformalJon No 383 dated June 2, 2004. Moorhouse/Beecroft Change Proposal No. 190 dated July 30, 2004. Add = $2,116.00 PCOICR No. 168 - Provide a 2" conduit for the new fiber optic lines from the existing offices to the existing telephone room. All additional work shall be performed in accordance with the response to the Rabalais Request for Information No. 114. Moorhouse/Beecroff Change Proposal No. 194 dated August 5, 2004. Add = $2,727.00 Exhibit B Page 5 of 5 CONVENTION CENTER REHABILITATION & EXPANSION August 31, 2004 Revenues Bond Proceeds Hotel Occupancy Tax Fund Insurance Settlement 34,185,505 1,626,418 107,255 35,919,178 Expenditures Construction 24,614,045 Change Order No. I (utilities, masonry, glass) 22,738 Change Order No. 2 (electdcar, traffic, ADA, etc.) 22,035 Change Order No. 3 (water damage repairs) 126,892 Change Order No. 4 (cooling tower screens) 142,059 Change Order No. 5 (utilities, dock, ADA etc.) 17,331 Change Order No. 6 (utilities, structural, MEP) 20,816 Change Order No. 7 (Mechanical, structural) 872,818 Change Order No. 8 (roof, structural, acoustics) 665,411 Change Order No. 9 (Arch., elec., mech., struc.) 281,478 Change Order No. 10 (Arch., elec., mech., sb'uc.) 308,145 Mechanical System Pro Rata 1,500,000 Contingency (3.2%) 789,616 FFE 500,000 NE (w/Applicable Amendments 1, 2, 3 & 5) 2,071,416 Engineering Reimb. 110,000 Geotechnical 12,000 Sou~hwestem Bell 5,325 Project Management 486,000 Administrative Charges 191,000 PM Construction Phase 1,300,000 Art 376,250.00 Planning - C~y 666.00 Matedats testing/laboratory 148,335 Materials testing/laboratory - Roadway/Parking 6,485 Misc. (Printing, Postage, etc.) 40,000 Subtotal 34,630,861 Other ContJ'acts Kitchen Equipment C. O. 1 (Delete brewers, ums& mixer) NE for Roadway Roadway Subtotal 900,000 (11,683) 21,000 379,000 1,288,317 Total 35,919,178 Variance 0 Exhibit C Page 1 of 1 NUECES BAY PROJECT LOCATION N i~'~Sll INIEI~AIIONAL ~ NI~ORT LOCATION MAP NOT TO SCALE CITY PROJECT No.4198 VICINITY MAP NOT TO SCALE N PROJECT SI TE EXHIBIT "D' CONVENTION CENTER EXPANSION AND REHABILITATION (ch~,ge Order No. 10, ClT~ OF CORPUS CHRIS??, TEXAS CITY COUNCIL EXHIBIT PAGE: 1 of 1 OA~E: 08--31-2004. 10 AGENDA MEMORANDUM August 31, 2004 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a geotechnical services contract with Professional Services Industries, Inc. (PSI) of Corpus Chdsti, Texas in an amount not to exceed $39,690.00 for the Corpus Chdsti Intemational Airport Runway 13/31 Rehabilitation, Overlay, Blast Pads, Shoulders, Edge Lighting and Associated Site Work. (Project No. 1092). FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. RECOMMENDATION: Approval of the motion as presented. Dave Hamrick Director of Aviation /K~ng'el R. Escobar, P. E. Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Location Map BACKGROUND INFORMATION ADDITIONAL INFORMATION: Runway 13/31 Rehabilitation has been approved by the FAA. The project requires pavement evaluation and subsurface exploration in the form of geotechnical services. This is necessary to determine the factors that will affect pavement design and performance. PRIOR COUNCIL/ADMINISTRATIVE ACTIONS: June 8 2004- 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 $1,375,025 for multiple Airport Improvement Projects including Runway 13/31 Rehabilitation, Overlay, Blast Pads, Shoulders and Edge Lighting (Project No. 1092); Airfield Drainage Improvements Ph. 3 (Project No. 1093); Runway 13 Localizer Relocation (Project No. 1094); and the CCIA Master Plan Update (M2004-224). CONSULTANT SELECTION: PSI is familiar with local subsurface conditions at Corpus ChdstJ Intemafional Airport. They have participated in the planning, development and execution of foundation evaluations in the project area. They have provided recommendations for foundation design criteda and construction considerations for projects similar to the Runway 13/31 Rehabilitation. CONTRACT SUMMARY: PSI will perform a pavement evaluation that will include: · Sampling and testing the subsurface materials and limited observation of groundwater conditions on the site, to depths that would significantly affect the pavement performance. · Identify select physical and engineering characteristics of materials encountered during sampling and testing. · Conduct a visual assessment of the condition of surface of the existing runway. · Conduct a non-destructive testing of the pavement using the falling weight deflection (FWD) testing method. · Provide recommendations using the FAA pavement design model regarding pavement oveday (flexible and ridgid). · Use data collected from the 1997 investigation in conjunction with newly collected information in formulation of recommendations. · Provide recommendations for general site preparation. The investigation includes 18 bore holes of approximately ten (10) feet below the surface elevation. Access to the runway will be between the hours of midnight and 5:00 a.m. Laboratory testing will be to evaluate the soil samples for characteristics that affect Page 1 of 2 H:~-iOM E~EVIN S~E N~AIR~2OO41mp roveme nls\1092 13-31Rehab~_abAwdBkgExhA.doc pavement performance. The not to exceed fee will be $39,690.00 with payment being made only for the actual work performed. FUNDING: Funding is available from the FAA Grants and Airport CIP Funds. BOARD/COMMITI'EE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. H:~-IOME~KEVINS~GEN~AIR~0041rnprovemen[s\1092 13-31Rehab~abAw~lOkgExhA doc EXHIBIT A I Page 2 of 2 File .' \Mproject\councilexhibi~s\exh 1092.dw9 San Patricio County NUECES BAY N CORPUS CHRISTI BAY PROJECT LOCATION 1000 INTERNATIONAL DRAZ[ CORPUS CHRIST~, TEXAS LOCATION MAP NOT TO SCALE CESAR CHAVEZ BLVD. HWY 44 ACNES RD. N CITY PROJECT No.1092 SITE PLAN NOT TO SCALE EXHIBIT "B" MULTIPLE AIRPORT IMPROVEMENTS PROJECTS RUNWAY 13/31 REHABILITATION, OVERLAY, BLAST PADS, SHOULDERS AND EDGE LIC~ETING ARO ASSOCIATED SITE EORK CiTY OF CORPUS CHRISTI. TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08-25-2004 11 AGENDA MEMORANDUM DATE: August 31, 2004 SUBJECT: Bayfest 2004 Festival S~'eet Closings AGENDA ITEM:Motion approving the application from Bayfest, Inc. to temporarily close the followings street sections for the Bayfest 2004 FestJval, September 15 - September 28, 2004. Northbound Shoreline Boulevard (inside lane only), from the nor~ right of way of Power Street median crossover (exclusive of the median crossover at Power Street) to Fitzgerald Street, beginning at 9:00 am, Wednesday, September 15, 2004 through 5:00 pm, Fdday, September 17, 2004; Southbound Shoreline Boulevard (full closure), from the south dght-o[-way of Fitzgerald Street to the north right-of-way of Power Street, beginning at 9:00 am., Wednesday, September 15 through 5:00 pm, Wednesday, September 28, 2004; Northbound Shoreline Boulevard, (full closure), between noah right-of-way line of Power Street and ~ north right-of-way of Fitzgerald Street, from 2:00 pm, Thursday, September 16, 2004 at 5:00 p.m. through 6:00 am Monday, September 27, 2004; North Water Street (full closure), between Fitzgerald Street and Palo Alto Street from 8:00 am, Thursday, September 16 through 6:00 am, Monday, September 27, 2004; Palo Alto Street, east half between North Water Street and southbound Shoreline Boulevard; Fitzgerald between North Water Street and Shoreline Boulevard and North Water Street, south half between Fitzgerald and Resaca Street from 8:00 a.m. Thursday, September 16, 2004 through 6:00 a.m., Monday, September 27, 2004. ISSUE: The Bayfest 2004 festival necessitates the temporary closure of several public streets between Power Street and She Convention Center. The event Co-Chairbersons for this year's event, Ms. Kelli Powell and Ms. Cindy Gressett, have requested the above mentioned street section closures be approved by the City Council for this year's Bayfest festival. REQUIRED COUNCIL ACTION: Street dosing permits for large public events require City Council approval. RECOMMENDATION: Approval of the molion as presented. ~-~f_p~r...~ngel R. Escobar, P.E. Dir' -- ector of Engineering Services Additional Sum~rt Material 1. Bad~g~mJnd In[ormatlon 2. ~t I - ~ ~ps (P~al ~m) ~ I-A ~1 and Full C~re) 3. ~/2- S~tC~ ~ 4. ~t 3 - ~t L~nl 5 ~l~t 4 - ~t L~ ~n[- ~nd~nt ~t ~ F~ S~t ~n~ Pa~ I o[ 2 AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Prior Council Action: Since 1975, Ihe City Council has annually approved skeet dc)sure applications by Bayfest Inc. to conduct its festivities upon public streets in tJ~e bayfront area. Year before last, (February 16, 2000), the Council approved a new five year lease agreement (Exhibit 3) Bayfest, Inc. imposing terms and covenants not included in the provisions for public event street closing permits (Sections 49-15 through 49-18). Back~jround Information: Ms. Kelli Powell and Ms. Cindy Gressettl, Co-Chairpersons of Bayfest, Inc., have requested temporary street closures [or the 28th annual Bayfest event. Bayfest 2004 festivities will occur on September 24 - 26, 2004. Bayfest, Inc. has agreed to comply with the applicable city code requirements for this type event and has received approval from 100% of all properly owners abutting the street sections requested for temporary clesure. Lease Agreement and Retmbumements to City: The Bayfest 2004 Festival is covered under a five year lease agreement between the City and Bayfest, Inc. (Exhibit 3) Under the terrns of this agreement, Bayfast, Inc. is permitted use of sidewalks, medians and the seawall along Shoreline BoiJlevard, as well as ~ Bayfront Arts and Science Park and the Barge Dock. Also, under the Use Agreement, Bayfest, Inc., is allowed to charge an admission fee. $7.00 for all persons above the age of twelve (12) years; $2.00 for children between the ages of seven (7) and twelve (12) years. $3.00 for senior citizens, (FREE on Saturday, between 12 Noon and 5:00 p.m.) No fee for children six (6) years and under. The current agreement provides that Bayfest pay a one-time $250 permit fee and 100% of the cost of City services for event support . The City of Corpus Christi was reimbursed $36,734.43 for actual support provided dudng Bayfest, 2003. Street Closings and Detours; Street desings for the Bayfest event are necessary to allow the set-up of I:x~oths, stages, and other facilities located within the median area and street sections. The total number o1 days of street closure for the Bayfest 2004 Festival complies with the allotted 3 days of exclusive use and 14 days of non-exclusive use of the specified premises under the current agreement. Special detour signage will be provided to guide motorists to businesses fronting the closing section of Shoreline Boulevard and to the tourist-related facilities in the Bayfront Arts & Science Park. Traffic signal operalk)ns at the intersections of IH 37 with Mesquite, Chaparral, Water and Shoreline Boulevard are adjusted to accommodate the normal traffic pattems associated with Bayfest events. Effect on Bayfront Arts & Science Park Functions: Staff has discussed the proposed street closings with management of the Convention Center. There are no large events scheduled at the Convention Center during the same time pedod of the Bayfest festival street closing. The usual .special signage will be provided to direct motorists to other Bayfront Arts & Science Park attractions via Chaparral Street. Bay~st '2004 Fee~hral S~eet Clo~ngs Page 2 of 2 PROPOSED STREET CLOSINGS UNDER CONST. (ARENA) · EXHIBIT "1" N SCALE: N.T.S. SUBJECT: BAYFEST 2003 FESTIVAL TEMPORARY STREET CLOSINGS (PARTIAL CLOSURE) - LOCATION MAP - Traffic Engineering DIv, Engineering Services Oept, PROPOSED STREET CLOSINGS ~ UNDER CONST. (ARENA) '~ EXHIBIT "I-A" N SCALE: N.T.S. SUBJECT: BAYFEST 2004 FESTIVAL TEMPORARY STREET CLOSINGS (FULL CLOSURE) - LOCATION MAP - TraMc Engineering Div. Engineering Services Dept. DEPARTMENT OF ENGINEERING SERVICES 2. 3. 4. 5. CITY OF CORPUS CHRISTI, TEXAS APPLICATION FOR PERMIT TO CLOSE STREET FOR PUBLIC EVENTS ..JUL ~;: 0 2004 Name of Proposed Event: ~L~ ~ .<; --~ Date of Planned Event: .~"~o~okh~¢~," adc, ~,~, 20~ ~ O.4 (0~ Key Contact lndividual: ~J~', ~0~[~ b~ Strut(s) Reques[~ lc;- Clcsure, Dates and ~mes~f D~y- DESCRIBE: Pu~ose of Event and Detail~ Description of A~N~ies Plann~: List foods and beverages to be served: Services Request~ by the Ci*:3~ ~,~ ~-~']'~ ~~c, 10. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc., that will be included in the event. ~ ~o6 ~ 1.6~ Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9~20~88). 11. Attach an official letter of transmittal requesting approval .of the event. Permit [o Close Street [or Public Events 2 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four-percent (4%) of the gross receipts dedved from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be mad.e to the city within sixty (60) days after the event ends. ~'.-~_~ ~,~,'~ ~-),t~-~r-,-c>J-. ~ D.* Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A' E.* Completion of Indemnification Agreement; F. Provision of a traffc control plan for event, to be coordinated with the Traffic Engineering Division and Police Depa, b.ent. The City shall be reimbursed for its installation of all baffc signage and barricading determined by the City to be necessary for safe control of the event. Wdtten approval for the temporary street closure must be obtained from (i) one hundred (100) percent of the manaqinq tenants or, if the property is vacant, manaQing Droperb/ owners of the property abutting that portion of the street to be closed to vehicular traffc; and (ii) for the Downtown Manaqement Distdct only (bounded by Lower Broadway, Interstate 37, Shoreline Boulevard (includinq the madna areas, and Kinney Street), ninety (90%) percent of the managina tenants, or. if the properb/is vacant, manaqinq property owners of the proPerty abuttinq that portion of the street to be closed to vehicular traffic. H. Provide adequate number of restroom facirifies to accommodate the anticipated public; I.* Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor;, security shall consist of off-duty City Police officers, or other type security offcially approved by the City. K. Ail construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the eve,t site; M. .Provide first-aid stations; N. Provide continuous cleaning of the site dudng the event and return it to pre-event condition after event ends; O. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way; R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival-typc ddc3 will not bc permit-tod V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. Permit to Close Street i'o¢ Public Events Evidence that these conditions have been meet must be presented to the City Traffic Engineer prior to the request being submh"ted to the City Council for final approval. ~ven[ L, nalrman/O.~anizer Sponsodfig Organization .... Date Submitted: INDEMNITY AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section III of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part ora roadway to file a ~'ate'ment with the dLmctor of Engineering Services Traffic Engineering division indemnifying the City against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public fight-of-way in said City, said permit applicant agrees to indemmfy and save harmless and defend the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney's fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Conlxactor, during the term of operations specified in this Public Right-of-Way Blockage Permit, will provide and maintain at the Contractor's expense a Commercial General Liability insurance policy with the limits and requirements shown on the attached and incorporated Exhibit "A'. The City of Corpus Christi must be named as Additional Insured on the policy. Evidence of required insurance coverage will be by a Certificate of Insurance furnished to the Director of Engineering Services Traffic Engineering Division prior to the proposed blockage under this permit. State of Texas § County of Nueces § Bayfest Five Year Lease Agreement Know All By These Presents: THIS LEASE AGREEMENT is between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly designated City Manager, and Bayfest, Inc. a Texas non-profit corporation, ("Bayfest"), acting through its duly designated agent, and in consideration of the covenants contained herein. 1. De£mitions. f. g. h. i_ j. City - means the City of Corpus Christi, a Texas home-rule municipality. Bayfest - means Bayfest, Inc., a Texas non-profit corporation_ Bayfest's Agent - means a duly authorized representative of Bayfest, Inc. Premises - means the site for the Bayfest Event, including parking lots, the barge dock, etc, as more fully described on the attached and incorporated Exhibit A. Event - means the annual festival and related activities sponsored by Bayfest. City Manager - means the City's City Manager or his designee. Park Director - means the City's Director of Park and Recreation or his designee. City Traffic Eo~neer - means the City's Traffic Engineer or his designee. Police Chief - means the City's Police Chief or his designee_ Risk Manager - means the City's Director of Risk Management or His designee. City Attorney - means the City's Attorney or his designee. Projects - The IH-37 Park and Federal Courthouse projects began work in fall of 1998 and will last for three years or more_ The Projects will affect parking, streets, and Premises identified in flus Lease. 2. Term. This Lease is for a term of five (5) years, commencing , 1999. Bayfest will be entitled to non-exclusive use (for purposes of set-up and take-dom) of the Premises for a period of twenty (21) consecutive days annually in 2000, 2001, 2002, 2003, and 2004 and to the exclusive use of said Premises annually for a period of up to four (4) days within such twenty (21) day period m each of such years, all during the month of either September or October, provided, however, that Bayfest may terminate this Lease by giving written notice of cancellatinn at least nme (9) months prior to the first day of each twenty (21) day use period. Said use periods are more fully described in Exhibit "B" incorporated and attached hereto. bfcnlxct-5 years 1 February 22, 2000 3. Premises. City grants to Bayfest the privilege of using the following described City property to conduct its annual Bayfest Event: The sidewalks, medians and seawall, along Shoreline Boulevard between Interstate Highway 37 and the Bayfrom Arts and Science Park; the barge dock; and the vacant city block bounded by Resaca, Fitzgerald, Chaparral and Water Streets, said areas being more fully described in Exhibit A (i.e. "Premises".) In addition, landscaped area~ within the Premises must be protected during the Event- If the City develops a "Festival" site during this Lease, Bayfest agrees to move the Event to the new "Festival" site for the next Event conducted after the "Festival" site is open for events. The Lease will be amended to reflect that the new "Festival" site is now the Premises for ~ Lease and that all fulure Event~ supported by the "Festival Site" will be conducted at the "Festival" site during the Lease. If the "Festival" site is not available for events at least 6 months prior to the date of that yea~s Event, Bayfest may elect to wait one year to move the Event to the "Festtval" site. Note: This Lea~e does not include the Bayfront Plaza Convention Center or parking lots adjacent to the Convention Center. Use of any of these facilities will be covered under a separate agrcemenL The ~txmgt closure p~ wig govern further street closures. 4. Premises Revisions. Within the next three years or more, the Projects will significantly impact and change the Premises and other parts of this Lease. The Premises will need to be reviewed annually in the areas of parking, street closures, traffic control, barricades, tramc signs, security, fire lanes, and fencing, to determine whether the Premises are impacted by the Projects and whether F_.zh/b/t .4 needs to be revised by the Park Director and Bayfest. Requests by Bayfest for use of additional City-owned are~ requires prior written approval from the Park Director. No concession stand, rides or other apparatus connected with Bayfest may use the grassed or shrubbed areas within the Bay~ont Science Park without prior written pervni~sion fi, om both tbe Convention Center Manmger and the Park Director. Use of the Water Garden mum be approved annually by Park Director. The Park Director may require written l~t,,,i~sioo to be secm'ed by Bayfest of other tenants, i.e. Art Mu~etma of South Texas, Harbor Playhouse, Corpus Christi Museum of Science If Exhibit A ia revised, a new Exhibit A will be filed with the City Secrela~ and Park Director and supem~e the existing Exhibit A. Any new Exhibit A becomes effective upon its filing with the City Secretary. bfcntret-5 ye,am 2 Janum'y 20, 2000 5. Event Layout Diagram. Bayfest must provide the Park Director a diagram explaining the final Event layout for all related activities at lea.st two wee~ prior to the Event. Layout of the Event is subject to the approval of the Park Director. 6. Special Event Fee. Bayfest must pay City a one-time Special Event Permit fee of $250 as per City ordinance_ 7. Payment of City Costs. In consideration for the use of City property Bayfest will pay the City within 60 days after the Event ends each year the actual cost recurred for services rendered includIng any other City services provided by depastments other than Park & Recreation and Police. The Park Director will invoice Bayfest for such costs within twenty (20) calendar days after the Event each year. Such invoice will provide an itemiTt~t breakdown of the City charges for services rendered (~x~p and takedown, Event clean up, stzeet sweeping and repair categories). Upon receipt of writlen requ~'t of Bayfest's Agent, the Park DLmetor will furnish reasonable supporting documentation of such charges within ten (10) calendar days. If there is a humceae or other storm event that eliminates the Event or that reduces attendance at the Event by more than 50% fi-om the prior year's attendance levels, the City Mnnager is delegated the authority to adjust the billing of City's Direct Costa. Direct Co~. City's Direct Costs in assistine with the Event may include but not limitexl to: 1. Damages to City property w~in the Premises as a result of the Event, which will be billed at the cost of repair. DamaEes may be repaired by Bayfesl. 2. Costs of labor con~xaeted for clean up, or additional clean up ~quired by the Director of relevant City depastments, at applicable City rates for the year billed, see B.1. and Section 22. below. (Bayfest will be given the opportunity to hh'e and work its own clean-up crew during and after the Event) 3. Costs of Police Officers provided for security, crowd controL[ traffic control, and off-site traffic contxoL[ at appheable city rates for the Police Officers assigned. In year 2000, Bayfest 100% of City costs for Event services and 75% of pohce overtime. For all subsequent years Bayfest will be responsible for 100% of all City DL,~ct Costs, including police overtime. 4. Costs of set-up and takedown, at applicable city rates for the employees ~t~,~igned for the year billed, see B.2. And B3. below. City wi.[] provide an annual ittn'niTt~:l bill of Direct Costs, ii'any, within 30 days a_'mr the Event closes. Bayfest will pay City's Direct Costs, if any, as billed within 30 days after City tenders invoice to Bayfest. bfcntrct-5 years 3 January 20, 2000 City Servicea. Payment will be made as set out in Section 7 above, for the following list of actual services actually provided by the City at each annual Event ("City Services") may include: Provide Prerrfises ground and sla'eet trash removal services, up to approximately six (6) trash (brush) Ixucks and approximately 100 trash barrels, as available, for placement in designated areas in add around the Premises. Bayfest must provide plastic trash bags for the trash bah'els. FurnLsh and transport approximately 80 picnic tables, as available, to and from the Promises, for the Event annually. Provide Park Construction Crews one 8-hour day before and after the Event (two days total) annually to transport Bayfest's property to and finam Bayfest's waJ'ehouse; to remove hay add sand from designated Bayfest P~mises; and to dispose of used vendor tickets. Costs of barricades, signs, cones, etc. furnished add/or txaasported to the Prvmines by City staff(see Seetion 13). Other services requested by Bayfest's Agent and provided by City. 8_ Annual Plarunine Meetinos_ Four months pr/or to each year's Event the Park Dire~tur, Street Director, Police Chief, add City Tra~¢ En~neer will meet with Bayfest representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. Bayfest Agent may request additional meetings. 9. Deposit Bayfest must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City_ The deposit will be used to reimburse the City for any costa incurred for trash pick up or removal of any strucUnz~ or repairs to City property_ If no costs are incurred add Direct Costs are paid, the deposit will be returned to Bayfest within 30 days a~er the Event_ 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage p~-paid, and is deemed received on the day faxed or bani delivered or on the third day a/~er deposit if sent certified mail. Notice must be sent as follows: I~ to City: I~' to Levee: Director of Park and Recreation City of Corptm Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 (512) 880-3474 FAX (512) 880-3864 Bay'feat, Inc. P.O. Box 1858 Corpus Christi, TX 78403-1858 (512) 887-0868 FAX (512) 887-9773 11. Temporary Street Closures. Upon making application to and receiving permission fxom the City each year for the temporary closing of the street to tra~c in accordance with City ordinances,-Bayfest may block off Shoreline Boulevard northbound add southbound North of IH 37. A portion of the east leg of Shore[ino Boulevard will be bfcntrct-5 years 4 January 20, 2000 kept open for continuous northbound traffic flow into the Convention Center and Art Museum up until the first day of the Event_ Except as set out in the temporary closure ordinance, Bayfest must not obstxuct or interfere with traffic upon Shoreline Boulevard, either northbound or southbound at any time. Upon eoM'tn'nation of street closures by the City Council, Bayfest may block off (except to local traffic) the sections of Hughes, Resaca, Fitzgerald, Palo Alto, Power and Belden sn'eets between Shoreline Boulevard and North Water Street for the purpose of placing support services and equipment associated with the Event, in accordance with a site use plan approved by the City Traffic Engineer and Park Director. Bayfest must provide the City Traffic Engineer and the Park Director its site plan for the Bayfest Event, application for the requested slxeet closure, and proof of all affected property owners' approval of the proposed temporary street closure not later than June 1st annually. All sueet closures on a temporary basis a~ subject to the requirements of City Ordinances, Sections 49-15 to 49-18, as may be amended, and require the City Council to confu'm such closures. The decision to confirm the closure of such su'eets is within the sole discretion of the City Council acting upon such application at the time such application is submitted. 12. parking. Bayfest will provide parking and signage for people with disabilities in close proximity tO the Event enUance and its relaled activities defined on thc P~mi_qes map (Exhibit A). In addition, Bayfest will provide no more than 5 parking ~ for City personnel scheduled to work during thc actusl Event and related activitiea. 13. Bmrrieadea, Traffic Signs. Bayfest must provide barfi."~,4cs and traffic signs required by the City Traffic Engineer that include temporary directional sig~age to the nearby am'actions/facilities affected by the sU'eet closures and traffic circulation around the Event_ Street access to Premises may not be blocked or partially blocked without detour signsge and alternate street access. Bayfest must pay the cost ofadditiortal signage. 14. Signage and Advertising. On Premi*.es signage and advertising proposed for the Event must receive the Park Director's ptior axilten approval. Bayfest's Agent may request inflatable advertising only for Ewmts that receive national television exposure, which must be pre-approved by the Park Dbector prior m being in.stalled. 15. Rest Rooms, Drinking Water and First Md. Bayfest reust provide adeqnnt~ portable rest rooms, includin~ restmomq for people with special needs, and drinkin~ water for the public as determined by the Park Director. A fi~ aid station must also be provided throughout the duration of the Event. 16. Insurance. Bayfest's Agent must furninh to the Risk Manager Commercial General Liability insurance for the length of the Event and its relmed activities protecting against liability to the public. Such inmmmce must have al a minimum, policy limits of $1,000,000 Combined Single Limit per occurrence for pomonal injury, death, and bfcnuct-5 years 5 January 20, 2000 property damage. Bayfest and its volunteers, contractors and subeoutractors drivin8 on the Premises must have automobile liability insurance, which covers all owm:xl and uou- owned automobiles on Premises with at least the stm'utory bodi[y injury $20,000 per person, $40,000 per occurrence, $15,000 property damage limits. Bayfest's conUactors and subcontractors that deliver tents, temporary structures, stages, bleachers, and other large items utilized for the Event must have owned and non-owned automobile insurance with at least a $500,000 combined single limit. Bayfest must also fumi.sh insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and limits of $5,000 for medical expenses. If alcohol is served at any of Bayfe.~t's Events on Premises then Liquor Liability insurance irt the amount of $1,000,000 combined single limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Bayfest must furnish the Certificates of Insurance in at least the above minimuxn amounts to the City's Risk Manager two weeks prior to the non-exclnsive use period each year. Bayfest must require all volunmers to sign an accident waiver form that BayfesI must ke~p on file. The City Attorney will approve the form. In the event of accidents of any kind. Bayfest must furnish the Risk Manager with copies of all reports of such accidents at the ~ame time that the reports are forwarded to any other interested parties. In additioa, Bayfest must provide copies of all insunmce policies to the City Attorney upon City Manager's written rlxtuest. Said insumnc~ must not be canceled, non-renewed or materially changed without 30 days prior written notice to the Park Director. The Risk M~nager may increase the limits of insurance upon two (2) months written notice to Bayfest. 17. Indemnity: Bayfest must indemnify and hold City, its omcen, agents and employees ("lndemnitees') harmless of, from, and against all claim% demands, actions, damages, losses, costs, liabilities, expenses, and judgmeu1~ recovered f~om OF asserted agtinst Indemnitees on account of injury or damage to person or pFoperty to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, n~li~ence, or misconduct on the part of the Indemnitees or on the part of Bayfest or any of its agents, servants, employees, contractor~, patrons, guests, licensees, or invitees entering upon the premiqes pursuant to this Bayfest, Inc. Five YenF Lease to use the Premises and those portions of Shoreline and streeU that aFe closed and the adjacent poFtions of the road median and the bor~e dock to set up and uke down, hold attend, or participate in Bayfe~t and aasociated activities, on the premises with the expressed or implied Invitation or pormixsion of Bayfest, or when any such injury or damage is the result, proximate or remote, of the violation by Indemn~tees, Bayfest, or any of iff agents, servants, employees, contractor~, patrons, guests, licensees, or invitees of any law, ordinance, or governmentsl order of any kind, or when any such injury or damage may in any other way arise from or out of the improvements located on the Premlqes herein or out of the use or occupancy of the improvement to the Premises or the Premises iffelf by Indemuitees, Bayfest, its agents, servants, employees, contractors, patrons, gumla, licensees, or invitees. bfenn'ct-5 years 6 January 20, 2000 These terms of indemnification are effective whether such injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in aH cases where lndemnitees actions are directly related to the Event, but not if such damage or injury results from gross negligence or willful misconduct of Indemnitees. Bayfest covenants and agrees that if City is made a party to any litigation against Bayfest or in any litigation commenced by any party, other than Bayfest relating to this Bay/est Five Year Lease, Bayfest shall defend City upon receipt of reasonable notice regarding commencement of such litigation- 18. Safety H~.?-rds. Bayfest, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Park Director or Risk Marmger, must correct the safety hsd, rd, within six hours or such other time flame as is included in the written notice of safety hazards. 19. Damages to City Property. City will p, ovide Bayfest's Agent a puncttlist of dnrna~e to City property defined in the P:g,,,i_~es within 2 days al~er the close of the Event annually. Bay/est will restore all items on the punchli~t within 3 days alter receipt ofth~ punchli~t. If Bnyfes[ fails to r~tore all items on tbe pur~hlist, Park ~or may do so and invoice Bay/est for Direct Costs, as set out in Seclion 7 above. Bayfest or its agent must fill and compact ail holes in grassy areas made by Bay/est or any entity or person participating in the Event. Park Dh~ctor must approve fill material Any subsidence within the Premises must be additionally filled by Bay/est or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewnll~, Seawall Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall rcquir~ the prior wri~en approval by City's Dinmtor of Eng/neerinE Services, provided however, that no such approval will be given if such work will requir~ subsequent repai~ by the City. 21. Permits. Bayfest must m:lui~ all vendors to obtain and comply with appropriate pr.~mits, including p~,tuits from the Alcoholic Beverage Cornmie. x'ion for the sale of alcohol, fi'om the City for consumption and sale of alenholic beverages on pork land, and must comply with all r~xluirc-ments of the City-County Health Depa, t~ent for the sale of foods and the protection of the public w~lfare. Bayfest's Agent will notify the Park Dir~tor of any special conditions imposed by any permitting agency. Any vendor that sells alcoholic beverages must furnish proof of Liqunr Liability Inmu~mce in the same amounts set out in Se~ion 16. Said Cerl/ficate of lnsunmce must be furnlnhed to the Risk IVlanager at least two weeks prior to the s"aming dn~ of the Event annually. Other permits Bay/est must obtain are a Slreet Closure Permit fi~m Traffic F.~gln~i~lg, a Temporary F~motional Event Permit from Building Inspection and Fireworks Permits from the Fir~ Depamnent and any ponmts ~quired by the Coast Guard for water events. bfcntrct-5 years 7 January 20, 2000 Bayfest's Agent will notify the Park Director of any special conditious imposed by any permitting agency. 22. Cleanup. Bayfest must require all food and beverage vendors to clean a designated zone adjacent to their respective booth~ at regularly scheduled intervals. Bayfest may designate the zone, but it will not be less than 10-feet by 20-feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All unsh cleaned up must be properly deposited in a crash bag provided by Bayfest and taken to a location designated by Bayfest. Bayfest may hire and work its own clean-up crew during and after the Event If the Park Director determines that additional clean-up is necessary, he will give Bayfest's Agent 2 hours nolte to increase services and if it is still unsatisfactory Park Director may authorize use of city workers. Bayfest must install screens, approved by the Stormwater Superintendent or designee, across all storm water inlets along Shoreline within the Pl~rnises (fl'om the North end of the barge dock to the East Side of the intersection of Shoreline and IH 37). Drainage must not be blocked. Each year, Bayfest must remove the screens within the non- exclusive use period afmr the close of the Event 23. ConsWuctiom The con.sa'action work for displays and stages must be conducted ia accordance with City building codes and restrictions. C. onsm:ction that causes damages will only be allowed if Bayfest provides the Park Director prior written assuranc, es that Bayfest will remedy said damages in accordance with Sm'ion 19 above and Park Di_~ctor approves such construction in writing. 24. Temporary Buildings. Bayfest must receive prior written approval from the park Director to place any tempormry buildings on the grounds of the Premises. Otherwise ail tempot-a_--y buildings moved onto Premises for the Event must be placed and rema. in on trailers to promote expeditious removal. Ali such buildings must be removed within the non-exclusive use rime period. 25. Electrical & Water Semeea. Electrical and water service is not provided on the Premines. A Temporary Promotional Event Permit fi-om the City Building In_npecfion Department is required in order to install elec~eal service for the Event Further, a Certificate of Occupancy which involves inspections, must be completed by the proper inspector to have ail temporary services, such as, food, elecUicai, plumbing; tents, and su-uc~ inspected. It is the responsibility of Bayfest to car each inspector for an appoin~ent to inspect and get approval for each tempom_ry service before the Event begins. Park DLn~or will provide access to water from Park water facilities. 26. Permissible Vendor Location Markings. No paint or semi-l~[manent markings will be petmin~ which in any way obliterate or deface any pavement markings or ~iEns heretofore existing for the guidance of motor vehicles or pedestr~nn-n. Chalk or tape markings may be used to pre-mark locations on the sidewalk or street. (Painted markings of any ~ will only be permitted in grassy areas). bfcnU'ct-5 yeats 8 January 20, 2000 ZT. Dispute Resolution. City and Bayfest agree that any disputes which may arise between them concerning this Lease, such as determining the amount of Hamage to City property occurring as a result of the Event, will be submitted for determination and resolution, first to the Park Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days aRer the written decision of the City Manager has been sent to Bayfest. In the event of such appeal, thc decision of the City Council will be final. This Lease in no way waives Bayfest's rights to seek other legal remedies during the appeals process. 28. Fire Lanes. Bayfest's Agent must at all time during the Event and the non-exclusive use period, maintain Fac lanes upon the Premises as may be designated by City's Fire Chief. The fur lanes must be kept clear of all obstructions. Bayfest must, at all times it is in exclusive use of the premises, provide driveway access for trucks and emexgency equipment to the service entrance of the Convention Center, the Art Museum of South Texas, the Corpus Christi Museum of Science and History, and the Corps of l~.~neers by keeping such driveways open and unoccupied by sma:tm-as or automotive equipment_ 29. Assignment. Bayfest may not assign or uansfer thi~ Lease nor sublease the whole or any part oft. he Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the pan of Bayfe~t to perform any of the covenants conta/ned in this Lease, or any breach of any covenant or cond/tion by Bayfest entities City to t~,.dnnte this Lease without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Bayfest is a waiver by or estoppel against City. In case of any such termination City is entitled to retni, any sur. q of money theretofore paid by Bayfest nncl such sum~ inure to the benefit of City as a set--off agsin~ any debt or liability of Bayfest to City otherwise accrued by breach hereof. 31. Right of Bayfest to Use Public Streets. Bayfesl acknowledges that the control and use of public steers is declared to be inMiennhle by the City and except for the use privilege gxanted herein, this Lea.se doea not confer any right, rifle, or interest in the public prol:~ty described herein The privilege to use the City property granted herein is subject to the approval of the City Council as requisrd by ordinance and the compliance by Bayfest with the terms and conditions contained within this l..,ea~. 32. Not Parmership or Joint Ventur~ This Lease may not be consR'ued or deemed by the parties hereto as a partnemhip, joint venture, or such other relationship which requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received fi'om Bayfest by the bfcntrct-5 years 9 January 20, 2000 City are compensation for provision of City services as described herein and for the right of Bayfest to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. Bayfest recognizes that the services provided by the City pursuant to this Lease are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget_ 34. Compliance with Laws. Bayfest must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Bayfest's sole expense and cost. 35. Non-discrimination. Bayfest warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, mvitee, or spectator will be discriminated against because of race, creed, sex, handi~p, color, or nnfional origin. 36. Fence. Bayfest may provide a temporary six-foot (6') chain link fence, with gate~ for access, as shown on Exhibit C, attmgbed and incorporated. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with Bayfest's needs upon Park Din:ctor's concurrence. If Exhibit C is revised, a new Exhibit C will be filed with the City Secretary and supersede the existing Exhibit C. Any new Exhibit C becomes effective upon its filing with the City Secretary. 37. Admission Fee. Bayfest may charge an admission tee. Special events connected with Bay'fest may charge another fee to help defray the cost of entertainment. 38. Security. Bayfest must provide uniformed Sccmity Or'cern during the Event, and after the Event closes each night until it opens the next day. Bayfcst will assign the Security Office~ duties. Security Officer means sworn peace officers directly paid by Bayfe~t. Provided, however, that the Police Chief may determine tlmt a security guard service will provide adequale security for the Event, or portions of the Event. ff the Police Chief allows a security guard service to provide security, the term "Security Officer" will include a licensed security gua~i as well as a sworn peace officer. If the City's Police Chief determines it is necessary, he will assign Police Officers to provide off-site crowd and traffic control including cross walks and inter,rations within one-half mile of Event site, as needed, and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the Police Chief, or designee. bfcnlxct-5 years 10 January 20, 2000 39. Publication_ Bayfest agrees to pay the costs of newspaper publication of this Lease and related ordinance as required by the City Charter_ 40. Entirety Clause. This Lease Agreement and the incorporated and attached exhibits constitute the entire Lease Agreement between the City and Bayfest for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Ag~ement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its exhibits, of the terms, conditions, promises, and covenants relating to Bayfest's operations and the Premises to be u~ed in the operations_ The unenfogeability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal_ ATTEST: CITY OF CORPUS CHRISTI Legal form approved on /fi~ .~t.t~o l~ ,491~; Jamea R. Bray, Jr. City A~torney By: n Gallaway~'Assistant-City Atto~ey BAY'FEST, INC. bfcnlxct-5 years January 20, 2000 11 EXHIBIT B BAYFEST YE~ NON-EXCLUSIVE EXCLUSIVE 20O0 2001 2002 2003 2004 8:00 a.m. Monday, Sept. 18, 2000 through 8:00 p.m. Sunday, Oct.. 8, 2000 8:00 a.m. Monday, Sept. 10, 2001 through 8:00 p.m. Sunday, Sept_ 30, 2001 8:00 a.m. Monday, Sept. 16, 2002 through 8:00 p.m. Sunday, Oct. 6, 2002 8:00 a_m. Monday, Sept_ 15, 2003 through 8:00 p.m. Sunday, Oct. 5,204)3 8:00 a.m. Monday, Sept. 6, 2004 through 8:00 p.m. Sunday, Oct. 26, 2004 12:00 p.m. Thursday, Sept. 28, 2000 through Sunday, Oct. 1, 2000 12:00 p.m. Thursday, Sept. 20, 2001 through Sunday, Sept. 23, 2001 12:00 p.m. Thursday, Sept_ 26, 2002 through Sunday. Sept. 29, 2002 12:00 p.m. Thursday, Sept. 25, 2003 through Sunday, Sept. 28, 2003 12 p.m. Thursday, Sept_ 16, 2004, through Sunday, September 19, 2004 bfcnlxct-5 years February 14, 2000 13 12 CITY COUNCIL AGENDA MEMORANDUM DATE: August 31, 2004 SUBJECT: Exceptional Well Drilling Site Western Portion of Corpus Christi Bay in Cluster Area AGENDA ITEM: Motion authorizin~ the City Manager or his designee to grant a pen~t to Sabco ~ Company of Houstoa, T~as, to drill an oil or gas well at an exceptional lCr. alaon, appmyamately five (5) miles easterly of the manna area in Corpus Chrisa Bay, State Tract 54 Well No 4. ISSUE: The City Code of Ordinance, Section 35-56 requa~s City Council approval of drilling pcxmit applications for ~xccptional well locations in Corpus Christi Bay. REQUIRED COUNCIL ACTION: , The City Code of Ordinances, secAaon 35-56, sets standards for wells drill,~d m the ~'~'a ofC~lpUS Ch'isfi Bay spdherly of the Ship Channel ~ ~ of the lnt e~:oast,al Walerway. The well suxfa~ kg:afions m,]gt ~ located m the southwesterly come~ of the 640 acm state Iracts to quafify as regular kx~tfions. m~nfioned above allows the first produffmg weU in a particular Stat~ Tract to be the designs,~ single chstex ~a for tha~ State Tract. Unless protested, lxxmits to drill fi.~n regular locations do not require council action. Exceptional well locations an: sites outside of the westerly cornex that allow wells to be drilled as straigt~ or directional boreholes for the purpose of obtaining the only a~cess to the geologic target Section 35-56 allows the Coun~l to granI p~n~nits for exceptional locations ff it is needed to prevent confiscation of proporty. The proposed exceptional loc~tion is approximately nme hundred tw~nly eight (928) feet fi.om the nearest exisfiag well cluster. Sabco Oporming Company has paid the fifteen hundred dollar ($1,500) pexmit applical~on fee and drilling of State Tract 54 Well No. 4 and to create a viable driUmg prospect. PREVIOUS COUNCIL ALTION: On July 13, 2004, the City Council granted a penxut to Walter Oil and Gas Corporation to drill an oil or gas well at an ex~pt3-mal lccat~org approximatoly six (6) miles east of the Corpus Christi Manna in Corpus ChnslJ Bay, as State Tract 64 Well No. I CONCLUSION AND RECOMMENDATION: Due to the geological fault angle as m~riewed by the Oil & Gas AdW-~'Y Committee with the help of 3 - dimensional seismic test, the well can only be drilled fi.om this location to a,~hieve the d~sir~l angle of tx:ma ~km to the geological target. Also this will be the last excepuonal well location gna~nitled in said State Tract. Staff ~cosmuencls approval of the exceptional well application by Sabco Opexatmg Company. COM]~lll-l'E£ RECOMM~ENDATION: During th~ meeting on August 18, 2004, the Oil & Gas AdviSorY Commillec,manimausly approval of the exceptional location.(~ ~ /.~t~ . ~r'.' David L Flor~ Acting ~ of G~ Operations DLF:jh ADDITIONAL SUPPORT MATERIAL 47 63 53 MINUTES OIL AND GAS ADVISORY COMMITTEE August 18, 2004 PRESENT: Michael Woodcock, Chairman, Public Representlmve Chartie Jacobs, Vice Chairman, Indu~xy Repre~entattve Juan Cabasos, Industry Representative Ron Ruiter, Pubhc Representatave OTHERS PRESENT: Jay Heideeker, Petroleum Superintendent ~'~ Mr. Woodcock called the meeting to order and asked if there were &ny other corrections to the amended minutes of June 30, 2004. On a motion by Mr. Jacobs, seconded by Mr Ruiter, the minutes were unanimously approved. Mr. Woodcock asked if there was any other old business to discuss and there being none he asked for the P~,huleum Superintendent's report. Mr. Heidecker explained the request by Sabco Operating Company to drill a straight hole at &n exceptional location in Corpus Christi Bay ns the State Tract 54 Well No. 4. Mr. Heidecker explained to the members the similarity of this request and the previous request by Walter Oil and Gas. The well is scheduled to be drilled between two existing clusters and stated that Sabco O[~l'ating Company has agreed to plug and abandon two wells. He stated the Oil and Gas Advisory Committee's recommendation will be forwarded to the City Council for approval. After their approval, a l~mdt will be issued by Oil &nd Gas Well Division. A map depicting the proposed location was provided for review. Mr. Jacobs motioned for the exceptional drill site be recommended for approval to City Council. Mr. Ruiter seconded the motion. All were in favor and the motion passed unanimously. There being no other business, the meeting adjourned at 10:40 a.m 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2004 AGENDA ITEM: Resolution expressing official intent of the City of Corpus Christi to reimburse $25,000,000 in costs with respect to the construction of improvements to the City's Utility System. ISSUE: The City intends to issue City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2004 in September 2004. In order to adhere to the time schedules to insure timely completion of certain projects, the City expects to pay expendituxes m connectmn with the design, planning, acquisition and or construction of the projects described on Exhibit "A" of the resolution prior to the issuance of obligations to finance the projects. Additionally, Exlfib~t "A" contains projects that have been previously approved by City Council utilizing Commercial Paper as the funding au thori 7trion_ In lieu of issuing additional Commercial Paper Notes, these projects may be funded by the issuance of these Utility System revenue refunding and improvement bonds. REQUIRED COUNCIL ACTION: City Council approval of the reimbursement resolution in order to proceed with the projects as scheduled, PREVIOUS COUNCIL ACTION: July 13, 2004 - Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas Utility System Revenue Refunding and Improvement Bonds, Series 2004, in an aggregate principal amount not to exceed $50,000,000. RECOMMENDATION: City Staff recommends approval of the resolution expressing official intent of the City of Corpus Cba-Jsti to reimburse $25,000,000 in costs with respect to the construction of improvements to the City's Utility System. Attachment: Resolution Director of Financial Services RESOLUTION EXPRESSING OFFICIAL INTENT OF THE CITY OF CORPUS CHRISTI TO REIMBURSE $25,000,000 IN COSTS WITH RESPECT TO THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S UTILITY SYSTEM WHEREAS, the City of Corpus Christi, Texas (the "Issuer") is a home-rule municipality and political subdivision of the State of Texas; WHEREAS, the Issuer expects to pay expenditures in connection with the design, planning, acquisition and conslruction of the project described on Exhibit 'A' hereto (the "Project") prior to the issuance of obligations to finance the Project; WHEREAS, the Issuer finds, considers, and declares that the reimbursement of the Issuer for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CH1HSTI, TEXAS THAT: Section 1. The Issuer reasonably expects to incur debt, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $25,000,000 for the purpose of paying the costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax-exempt obligations will be issued by the Issuer in furtherance of this Staternent after a date which is later than 18 months after the later of(l) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax-exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Section 4. This Resolution shall become effective upon adoption. ATI'EST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 27, 2004 City Attorney Samuel L. Neal, Jr. Mayor Exhibit "A" Meadowbrook Subdivision Area Drainage Water Main Improvements Elizabeth Street Storm Master Plan Phase 3 Willow/Brawner Parkway Proctor Channel Ouffall Leopard Street Roadside Safety Improvements Greenwood Plant Expansion 8 to 12 MGD Clarkwood North Lift Station Force Main Repairs/Replacement Line C Chlorine Removal facilities Broadway Diversion Lift Station at Buckingham Airport Lift Station Laguna Madre Collection and Aeration Systems Rehabilitation Wood River Force Main Repairs Bill Witt Park Waste Water Improvements Country Club Ditch Drainage Improvements Lindale SuMivision Drainage Improvements Downtown Drainage Study/Improvements Alta Plaza Drainage Improvements Mary Carroll Channel Improvements Meadowbrook Subdivision Drainage Improvements Major Storm Water Ouffalls Repairs LakeView Drive Ditch Regrade Savage Lane Clearwell-Tanks./Pump PiffWater Main Southside Transmission Main ON Stevens Wash Water System Highway 44 Clarkwood Bypass Baseball Stadium Complex Utility Improvements Navigation Pump Plant Storage Reservoir Padre Island Pumping Plant Improvements Corpus Chdsti, Texas Day of ,20 The above resolution was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 14 AGENDA MEMORANDUM August 31, 2004 AGENDAITEM: Motion approving the Transmission and Gdd Main Construction and Reimbursement Agreement submitted by Mostaghasi Investment Trust, owner and developer of King's Garden Unit 2 subdivision located east of Cimarron Boulevard south of Lens Drive for the installation of 387 linear feet of a 12-inch PVC water gdd main; and Ordinance appropriating $12,141.91 from the Arterial Transmission & Grid Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 387 linear feet of a 12-inch PVC water gdd main to develop King's Garden Unit 2 subdivision; and declaring an emergency. ISSUE: Mr. George Mostaghasi, owner and developer of KJng's Garden Unit 2 subdMsion, will start the installalJon of 387 6near feet of a 12-inch PVC water gdd main along the west side of Cimarron Boulevard belween the existing 12-inch water line previously installed approximately 90-feet south of Lens Drive and the extension of the southem boundary of the subdivision, once the City Council approves the Transmission and Gdd Main Construction and Reimbursement Agreement and funds to pay for said installalion are encumbered from the Artedal Transmission and Grid Main Trust Fund in compliance ~ith Ordinance No.025424. RECOMMENDATION: Staff recommends approval of ~ motion and ordinance as presented. ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Exhibit C-1 Exhibit D Exhibit E B.A. Bailey,~.P. Director o1: Dev-~lopment Services Background Information Area Map / Location Map Reimbursement Application Application for Waterline Credit Transmissio~ and Grid Main Construction and Reimbursement Agreement Cost Estimates AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of King's Garden Unit 2 subdivision required a total extension of 387 linear feet of a 12-inch PVC water grid main along the west side of Ciman'on Boulevard. The water line will extends from the existing 12-inch water line previously installed approximately 90-feet south of Lens Drive to the southern boundary of the subdivision. (See Exhibit B - Location Map). The 12-inch PVC water gdd main is required by the City's 1997 Water Distribution System Master Plan and is eligible for reimbursement as a water gdd main in accordance with the Platting Ordinance. The total cost, submitted by the developer for the installation of 387-feet of 12-inch PVC water gdd main $ 18,304.56. Because the developer has not paid the City of Corpus Chdsti assessed acreage fee of $ 6,162.65 the reimbursed amount due to the developer is the difference between the cost of installation of the 12-inch PVC water gdd main and the acreage fee assessed. Therefore, the total reimbursement owed to the Mr. George Mostaghasi; developer of King's Garden Unit 2 is $12,141.91 The developer has submitted a Transmission and Gdd Main Construction and Reimbursement Agreement and supporting documentation in compliance with provisions of the Platting Ordinance. The Application for the grid main reimbursement and supporting cost documentation are attached (see Exhibit C, Reimbursement Application and C-1 Application for Water Line Credit}. Reimbursement would be payable upon completion and acceptance of the water gdd main work wilh the actual reimbursement to be determined based on the actual construction cost and not to exceed $12,141.91 RECOMMENDATION: presented. Staff recommends approval of the motion and ordinance as Page 1 of 1 'SITE' ~2' ~c wm u,[~ ~ ' SITE' - (KING'S GARDEN L UNIT LOCATION MAP KING'S GARDEN UNIT 2 EXHIBIT "B" APPLICATION FOR WATER LINE REIMBURSEMENT I, Mike Mostaghasi, owner and developer of proposed King's Garden Unit 2 Subdivision, hereby request reimbursement of $12,141.91 for the installation of the water grid main in conjuaction with said Subdivision as provided for by City Ordinance No. 17092. Said $12,141.91 is the construction cost, including 7½ % Engineering, in excess of the lot/acreage fee, as shown by the cost of supporting documents attached herewith. Developer Date THE STATE OF TEXAS § COUNTY OF NUECES § (T10is instrl(In~n t was acknow, ledged before me on (~' ~ .2~ff~, by /~ ,Y'/(~..~,/.~a~/ ,a Texas C~rporafion, ~b~halffof the said corporation_ -~ i z ~ ~ ,~ ~ ~ Notar~ Pub~.c in and for The State (h°'Texas CERTIFICATION The information s~bmitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the Grid and Arterial Main Trust Fund, and Cb) appropriation and approval by the City Council. / (City Engineer) (Date) EXHIBIT "C" APPLICATION FOR WATER LINE CREDIT I, Georg~ Mostaghasi, owner and developer of proposed King's Garden Unit 2 Subdivision, hereby ~tpply ~br $6162.65 credit towards the water lot/acreage fee for the Grid Main extension installed in conjunction with said Subdivision, as provided for by City Ordinance No. 17092. $~3b:~s the construction cosL including 7% % Engineering, as shown by the cost of supporting documents attached her~wltn_~.l,~ .~O~'.~ ~ l)eveXl~q~~'~ Date T~m STAT~ 0~: q~Y, aXS )( COUNTY OF NUECES )( This instrum~nt was aclmowledged hefore me on 9.,fa ID .2004, by Not in and for The State of Texas CERTIFICATION The information submittexl with this application has been reviewed and determined to be c~rrect and a credit of $ d.~62.~,~ is herewith approved: of En~neering Servicos [ (City Engineer) EXHIBIT "C-I" TRANSMISSION AND GRID MAJN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Transmission and Grid Main Construction and Reimbursement Ag ~rcc,me~t ("Agreement'~ is enid-ed into betwc~--~ Ihe City of Corpus ChdstJ ("city'3, a Texas home- rule municipal corporatJ(x3, P_O. Box 9277, Corpus Christi, Texas, 78469-9277, and Mostaghasi Investment Trust, d/'o/a Sun George Co~b acting and Development Company, ('Developer'), a Texas Trust, 3802 Brodd3ampton Court, Corpus Christi, Texas 78414. WHEREAS, Developer in compliance with the City Ratting Ordinance, has filed a plat to develop a bact of land of approximately 12 acres called King's Garden Unit 2 Subdivision on the east side of cimarron Boulevard, south of King's Garden Unit 1, as shown in the attached Exhibit 1. WHEREAS, the City's Water Dislri:~don Master Plan, 1997, requires the constru~on of 12 inch PVC arterial fl'ansmission and grid main in order for flhe King's Garden Unit 2 Subdivision to have water service; and WHEREAS, under the Platting Ordinance, the Deveiopar is responsible for censtructk:m of 12 inch PVC ertedal fl'ansmission and grid main; and WHEREAS, under the Platting Ordinance, the Developer is eligibte for reimbursement of the Developer's costs for the construction of 12 inch PVC arterial b'ansmission and grid main; and WHEREAS, it is essential Ihat a podion of the 12 inch PVC artedal transmission and grid main be constructed in con~er~on with the King's Garden Unit 2 Subdivision development for sen/ice to be provided upon completion of the King's Garden Unit 2 Subdivision; and WHEREAS, it is to ~ best interest of the City and the Developer for the 12 inch PVC artedal b'ansmission and grid main be constructed to the size and s~'ve the area specified in the Water Distribution Master Plan, 1997; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 inch PVC ar[edal transmission and grid main needed for the K~ng's Garden Unit 2 Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. EXlClIBIT "D' Page 1 of 5 2. PLANS AND SPECIFICATIONS a_ The Developer shall contract with a professional enginc=', acceptable to the City's Director of Engineering Se[vices, to prepare plans and specifications for ~ 12 inch PVC arterial transmission and gdd main, as shown in Exhibit 2, with the following basic design: (1) Install 387 linear feet of 12" PVC transmissiort/gdd main. (2) Install 1 (one) 124nch Cap Tapped for 24nch. (3) Install 1 (one) 12-inch X 6-inch Tee_ (4) Install I (o~e) 124nch Gate Valve w/box. (5) Install 1 (one) Fire Hydrant assembly. (6) Install 1 (one) 6-inch, 90--degree EL (for Fire Hydrant) (7) Install 3 (three) 6-inch X 30-inch PVC Pipe Nipple (for Fire Hydrant) (8) Install I (one) 6-inch Gate Valve w/box (9) The transmission/grid main will begin and tie into the terminus of the existing 12" water transmission and grid main located in the right-of-way on the west side of Cimarron Boulevard ~ of Lens Drive and end in the extension of the Cimarron Boulevard right-of-way approximately 387 linear feet south southeast of b. The plans and specifications must c~)mply with Cib~ Standard Water Detail Sheets and Standard Specifications. c. Before the Developer stats construction the plans and specification must be approved by the City's Director of Engir,~,~,-'cdng Services_ 3_ SITE IMPROVEMENTS Prior to construction of the 12 inch PVC ertedal transmission and grid main, Developer shall will acquire and dedicate to lhe City the required utility easement or right-of-way for the installation of 12 inch PVC arterial transmission and grid main. 4. PI_Al-rING FEES. Developer shall pay to the City of Coq)us Christi the required acreage fees and pm-rata fees as required by the Platting Ordinance. . 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 12-inchwater and gdd main, in accordance with the approved plans and specifications, by December 31, 2004. EXHIBIT "D' Page 2 of 5 6. REIMBURSEMENT. a. 'The City will reimburse the Developer 100% of the cost of Ihe 12 inch PVC arterial transmission and grid main, not to exce~l $12,141.91, within 30 days upon invoidng by the Developer, if the work has been completed and has bc.~-~ inspected and accepted by the City. The City agrees to conduct periodic inspections of the progress of the work at key points dudng the construction. b. The City will reimburse the Developer fo~ expenses incurred for the preparation of plans and specifications for the 12 inch PVC arterial transmission and gdd main by the professional e~ginccr hired by the Developer. However, the expenses may not ex, cd 7.5% of the costs of construction of the 12-inch water grid main. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, ac~ons, or claims and from all liability for any and all injuries or damages sustained by any person, inctuo?ng wib~out flmitat~n workers compensat~n, personal injury or dealh, arising from or incident to this 12 inch PVC artedal transmission and grkf main construction. 8. Developer fudher agn~es, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, Ihe Disclosure of Ownership interests form attached hereto as Exhibit 3. 9. This agreement becomes effec~Jve and is binding upon and shaJl in~'e to the benefit of the City and Developer, and their respec~ve heirs, succe~___~.~s, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of ,2004. A-I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: -?_ O day of By:. Assistant City Manager ,2004 By:. First Assistant City Attorney For City Attorney EXHIBIT "D' Page 3 of 5 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2004, by Margie C. Rose, Assistant City Manager, City of Corpus Christi, Texas, a Texas home- rule municipal corpora[ion, on behalf of the corporation_ Notary Public, State of Texas EXHIBIT "D' Page 4 of 5 DEVELOPER: By:. as Trustee of Ihe Mostaghasi Investment Trust Mostaghasi Investment Trust, d/b/a Sun George Conb'actJng and Development Company THE STATE OF TEXAS COUN'FY OF NUECES This instrument was acknowledged before me on ~/',~¢.¢r~-'7z / ~ ,2004, by ~,l~F. Hossein Mostaghasi, as Trustee of the Mostaghasi InveCo'nent Trust, d/b/a Sun George Contracting and Development Company, a Texas Trust, on behalf of the Trust. Not~ublic, State of Texas EXHIBIT -,,D- Page 5 of 5 PLAT OF KING'5 GARDEN UNIT CORPU~ CHR~TI~, NUECE~ COU, HTY, EXItlBIT "1" Page 1 of 2 Page 1 of I CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City ol~ Corpus ChdslJ Ordinance 17112, as amended, requires all parsons or lirms seeldng to do business with the City to provide the following Informal~3n. Every question must be answered. If the question Is not applicable, answer wi~ 'NA'. OWNER'S NAME: Mesta(~hasi Investment Trust STREET 3802 Bmckhampton CITY Corpus ChdslJ, Texas ZiP 78414 FIRM Is: 1. Co~poralJon [] 2. Partne~hip~-~ 5. Other D 3. Sole Owner 4, AssocialJon [] DISCLOSURE QUESTIONS additional space Is necessary, please use the reverse side of this page or attach separate sheet. 1. Slate the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Jo~ 'lYde and City Department (if know~) No, ne Slate the names d each "official" of the City of Corpus Christi having an "ownership Interest" cor~Utuflng 3% or more of the ownership In the above named "firm". Name T~le No~le Slate the names of each "board member" of the City of Corpus Christi having an "ownership Interest" cortsfltutJng 3% or more of the ownership In the above named "firm". Name Board, Commission or Committee SLate the names of each employe~ or officer o1' a "consultant" for the City of Corpus ChrlsU who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership In the above r~med "firm". Name Consu~nt CER~FICATE I certify that ail Info, marion provided Is InJe and correct as of the date of thIs statement, Ihat I have not knowingly withheld disclosure of any Information requested; and that supplemental statements will be pmmptfy submitted to am City o[ Corpus ChrislJ, Texas as changes occur. CerlJ[ying Person: Mike Mostaqhasi (Type or Pdnt) . Signature ol' Certifying Person: ~., (~ ~, Date: Auqust 19. 2004 EXHIBIT "3" BASS & WELSH ENGINEERING Ms. Mary Frances Teniente, P.E. Special Services Engineer Development Center City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469-9277 June 28, 2004 03098-MFT-LTR4 Subject: Proposed King's Garden Subdivision Unit 2, Cima.rron Boulevaxd at Lens Drive, Corpus Christi, Nueces County, TX Dear Mary Frances: This letter is written with regard to processing an application for Grid Main Water Construction Cost Reimbursement to the Developer as associated with the subject plat. The project site is shown in Figure 1 at rear of booklet hereof. The developer is the Mostaghasi Investment Trust, 3802 Brockhampton Street, Corpus Christi, Texas 78414, 7654422. The proposed grid main water extension for which the reimbursement is requested is the 12" line in Cimarron Boulevard extending in a southerly direction from Lens Drive to a point opposite of the southwest limit of the subject plat. This is shown in said Figure 1. The overall construction cost for King's Garden Unit 2 Subdivision, which includes all improvements (sanitary sewer, water, storm sewer and street construction), as well as the 12" grid main for which the reimbursement is requested, is $557,998.55. A breakdown of this cost (contxact unit prices) is included in the Appendix. The cost of construction of the proposed 12" grid main extension is $18,304.56 as indicated below. Requested reimbursement, based on contract unit prices, is as follows: 12" PVCPipe 387 LF $ 27.50 $10,642.50 12" Cap Tapped for 2" 1 EA $ 275.00 $ 275.00 12" x 6" Tee 1 EA $ 485.00 $ 485.00 12" Gate Valve w/box 1 EA $1,800.00 $ 1,800.00 Fire Hydrant Assembly 1 EA $2,500.00 $ 2,500.00 6" 90= EL (For Fire Hydrant) 1 EA $ 200.00 $ 200.00 6" x 30" PVC Pipe Nipple (For Fire Hydrant) 3 EA $ 200.00 $ 600.00 EXItlBIT "E" Page 1 of 2 Ms. Mary Frances Teniente, P.E., June 28, 2004; continued; 6" Gate Valve w/box (For Fire Hydrant) 1 EA $ 525.00 $ 525.00 Sub-Total $17,027.50 7V~ % Engineering $ 1,277.06 Sub-Total $18,304.56 Less Fee Value of Property $518.00/Ac.x 11.897 Ac. $ 6,162.65 Total Amount Reimbursable $12,141.91 The grid main water construction cost ($18,304.56) for which reimbursement is requested is 3.3% of the overall construction costs ($557,998.55) for the project. We are requesting reirnbumement under platting Ordinance Option No. 1 which pro~.fdes for a single payment to the Developer by the City upon satisfactory completion of improvements and does not require that competitive bids be taken. All of the construction on this project is being accomplished according to a con~act negotiated between H & G Contractor's Inc. and the Developer. NMW:ngo Sincerely, Nixon M.Welsh, P.E. Mr. George Mostaghasi 3802 Brockhampton Street Corpus Christi, Texas 78414 EXHIBIT "E' Page 2 of 2 AN ORDINANCE APPROPRIATING $12,'141.91 FROM THE WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030- 540450 TO PAY DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 387 LINEAR FEET OF A 12 INCH PVC WATER GRID MAIN TO DEVELOP KING'S GARDEN UNIT 2 SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $12,141.91 from the Water Artedal Transmission and Gdd Main Trust Fund No 4030-540450 is appropriated to pay developer (Mostaghasi Investment Trust) reimbursement request for the installation of 387 linear feet of an 12-inch PVC water grid main to develop King's Garden Unit 2. 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 shall take effect upon first reading as an emergency this the 31st of August, 2004. Al-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L Neal, Jr_ Mayor APPROVED Assistant City Attorney For City Attomey By: Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: INVe, 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 City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colrnenero Melody Cooper Henry Garrett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott 15 AGENDA MEMORANDUM August 31,2004 AGENDA ITEM: Motion approving the Sanitary Sewer Construction and Reimbursement Agreement submitted by Alex Az. ali, owner and developer of Queen's Crossing Unit I subdivision located east of Cimarron Boulevard south of Lens Ddve for the installalJon of 511 linear feet off-site and 553 linear feet onsite, overdepth oversize 12-inch PVC sanitary sewer collection line along Cimarron Boulevard between Lens Drive and the southern limit of the subject subdivision, and, Ordinance appropriating $61,982.28 in the Sanitary Sewer Collection Line Trust Fund No. 4220 to pay Alex Azali, for the installation of 511 linear feet off-site and 533 linear feet onsite, overdepth, oversize 12-inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Conslruction and Reimbursement Agreement to develop Queen's Crossing Unit 1 Subdivision; and declaring an emergency. ISSUE: Mr. Alex Az. ali, owner and developer o[ proposed Queen's Crossing Unit 1 subdivision, will start the installation of 511 linear feet offsite and 533 linear feet onsita, overdepth, oversize 12-inch PVC sanitary sewer collection line along Cimarron Boulevard between Lens Drive and bhe southern limit of the subject subdivision, once the City Council approves the Sanitary Sewer Construction and Reimbursement Agreement and funds to pay for said installation are encumbered fTom the Sanitary Sewer Collection Line Trust Fund in compliance with Ordinance No.025424. RECOMMENDATION: Staff recommends approval o[ the motion and ordinance as presented. ATFACHMENTS: Exhibit A. Exhibit B Exhibit B-1 Exhibit C Exhibit D Exhibit E Exhibit F '-B.A. Bailey,/~CP'~ Director of De'v~ent Background Information Area Map Location Map - 12" Sanitary Sewer Main Cost Estimate Calculations Application for Sewer Line Reimbursement Application for Sewer Line Credit Sanitary Sewer Construction and Reimbursement Agreement Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and plat'ring o1' Queen's Crossing Unit I Subdivision located cast of Cimarron Boulevard south of Lens Ddve required the off-site, oversize and overdepth extension of a 12-inch PVC sanitary sewor collection line along the east side o[ Cimarron Boulevard between Lens Drive and the southern limit of Queens Crossing Unit 1subdivision. The offsite, oversize and overdepth 12-inch sanitary sewer colleclJon line as proposed, will be of sufficient depth and slope to serve any additional development fronting Cimarron Boulevard between the south end of Queen's Crossings Unit 1 subdivision and Oso Creek. The offsite, oversize, overdepth 12-inch sanitary sewer collection line is reimbursable according to the Platting Ordinance Sec'dons V.B.6.f) (2), V.B.6.f) (2) (I), V.B.6.f) (2) (Il). Following is a detail description of proposed 12-incJ~ PVC sanitary sewer collection line extension work and reimbursement calculations. OFFSI'FE 511 linear feet of 12-inch PVC sanitary sewer collection main will be constructed be[ween the existing manhole at the intersection of Lens Ddve and Cimarron Boulevard to the northern property line of Queen's Crossing Unit 1 subdivision. (see exhibit B-I ) ONSITE-OVERDEPTH 117 linear feet of 12-inch PVC sanitary sewer collection line w~ll be constructed be[ween the northern property line of Queen's Crossings Unit 1 subdivision and a future manhole at Cimarron Boulevard and the future Picante Ddve. The developer is being required, by engineering design requirements, to construct this section of sanitary sewer collection line as an over depth line. (see exhibit B-I ) ONSITE-OVERDEPTH/OVERSIZE An additional 436 linear feet of 12-inch PVC sanitary sewor collection line will be constructed between the future manhole at the intersection of Cimarron Boulevard and the future Pi(ante Ddve to the southern property line of Queen's Crossing subdivision. The developer is being required, by engineering design requirements, to construct this section of sanitary sewer collection line as an oversize and overdepth line. {see exhibit B-I ) In accordance with the reimbursement criteria in the Platting Ordinance, the 14.265 acre development of Queens Crossings Unit I is eligible for a maximum reimbursement equivalent to 50 percent of the mathematical product obtained by muitJplythg the offsite pipe diameter in inches by Ihe fee value orthe property. The fee value of the property is $16,835 (65 lots x$259), and the offsite IExhibitA I Page I of 1 pipe diameter in inches is 12. Therefore, maximum reimbursement is, (12_X16,835)X.50 =$101t010_ The developer has submitted construction costs for the installation of 511 linear feet offsite, 117 linear feet onsite, overdepth and 436 linear feet onsite, overdepth, oversize 12-inch PVC sanitary sewer collection line with a total cost of $ 61,982.28. This amount is less than maximum reimbursement amount permitted byPlattJng Ordinance. See exhibit Cbr calculation details. Reimbursement w~uld be payable upon complel~on and acceptance of the sanitary sewer collection line work ~ the actual reimbursement to be determined based on the actual consb'uctJon cost and not to exceed $61,982.28 RECOMMENDATION: presented. Staff recommends approval of the motion and ordinance as IExhibit A I Page 2 of I z ~ ~ ~ o z o II · BAUER AREA MAP 1' = 800' LA SALLE DR. LENS DR.~ QUEEN'S CROSSING UNIT 1 AREA MAP EXHIBIT "B" LENS I)E ,---" P ] ~ANTE ])R. QUEEN' $ CRDSS !NG UNIT QUEEN'S CROSSING UNIT 1 12" GRAVITY SANITARY SEWER EXHIBIT "B-I" SANITARy SEWER ITEMS COST ESTIMATE QUEEN'S CROSSING UNIT 1 SANITARY SEWER AND WATER REIMBURSEMENT 03053-SSW-COST EST[MATE 03053-QUEEN'S CROSSING UNIT I 8dl 1/2004 Sh~t I of 2 OFFSITE SANITARY SEWER 1. 12" PVC PIPE 18' - 20 CUT 2. FIBER GLASS MANHOLE 5' DIAMETER 18' - 20' DEEP 3. FIBER GLASS MANHOLE 5' DIAMETER 16' - 18' DEEP 4. CRUSHED STONE EMBEDMENT FOR 12' PIPE 5. DEWATERING WITH WELLPOIN'I~ FOR 12" PIPE 6. PAVEMENT PATCHING 511 LF $53.30 1 EA 7,900.00 1 EA 7,400.00 511 LF 9.50 511 LF 1.00 35 SY 55.00 SUB-TOTAL OFFSITE SANITARY SEWER Il'EMS $27,236.30 7,900.00 7,400.00 4,854.50 511.00 1,925.00 $49~826.80 ONSITE 10"/12" SANITARY SEWER IN CIMARRON BOULEVARD. (NO OVERSIZF_dOYEI~DEPTH) 1. 12' PVC PIPE 12'-14' CUT NOT FOR CONSTRUCTION 2. 10" PVC PIPE 10'-12' CUT NOT FOR CONSTRUCTION 3. 10" PVC PIPE 12'-14' CUT NOT FOR CONSTRUCTION 4. 10" PVC PIPE 14'-16' CUT NOT FOR CONSTRUCTION 5. 4' DIAMETER MH 8'-10' DEEP NOT FOR CONSTRUCTION 117 LF $37.00 264 LF 29.50 100 LF 33.25 73 LF 37.00 2 EA 2,300.00 SUB-TOTAL NO OVERSIZFdOVERDEt'tH $4,329.00 7~788.00 3,325.00 2,701.00 4,600.00 $22,743.00 12" SANITARY SEWER IN CIMAILRON BOULEVARD (OVERDEPTH OF 12" AND OVERSIZFdOVERDEP'I~ OF 10') 1. 12" PVC PIPE 18'-20' CUT 2. 12' PVC PIPE 16'-18' CUT 3. 12' PVC PIPE 14'-16' CUT 4. FG MANHOLE 5' DIAMETER 14'-16' DEEP 5. DEWATERING WITH WELL POINTS FOR 12" PVC PIPE 6. CRUSHED STONE EMBEDMENT FOR 12' PVC PIPE 117 LE $53.30 402 LF 49.50 34 LF 44.75 2 EA 7,000.00 436 LF 1.00 436 LF 9.50 SUB-TOTAL 12' SANITARY SEWER I LESS COST OF 10"/12~ NO OVERSIZE/OVERDEPTH I SUBTOTAL OVERSIZFdOVERDEPTH I PLUS OFFSrI'E SANITARY SEWER COST SUB-TOTAL 7.5% ENGINEERING SUB-TOTAL LESS SANITARY SEWER ACREAGE FEE VALUE (65 LOTS X $239.00) TOTAL SANITARY SEWER REIMBURSEMENT $6,236.10 19,899.00 1,521.50 14,000.00 436.00 4,142.00 ($22,743.00) 23,491.60 49~826.80 $73,318.40 5,498.88 $78,817,2,8 ($16,835.09) $61,982.28 APPLICATION FOR SEWER UNE REIMBURSEMENT I, Ale[ Azali, owner and developer of proposed Ouee~'s Crossing U~ I Subdivision, hereby request re~rnt~Jmemeflt of $61,982.28 for the installation of lhe sanita~ sewer c~lecllon line in conJuncSon ~ .said Subdk~ as prodded for by City On:finance No. 17396. $81,98228 is Ihe c~rtstrucflon cost, Inctud-mg 7',~% Developer Date THE STATE OF TEXAS § COUNTY OF NUECES § ~ '- "' ~ Notmy ~ in and for Ihe State of Texas E y o o '~ ~_ s :z ~ } __= CER~F~ATION The Information with this apl~cafion for reirnl~Jmeme~t has bee~ revlew~ and detmrnirmd to be correct. Relml~Jmerneflt is subject to: (a) sufficiency of flJnds i~ lfle Collec~:m Une TnJst Fund, and Co) appfopdaUon and al:~roval by the City Council. ~g~l~O EXHIBIT"D" APPLICATION FOR SEWER LINE CREDIT I, Alex Azali, owner and developer of proposed Queen's Crossing Unit 1 Subdivision, hereby apply for $16,835.00 credit towards the sanitary sewer acreage fee [or the sanilary sewer collection line extension installed in conjunction with said SubdMsion as provided for by City Ordinance No. 17396. $78,817.28 is the conslruddon cost, including 71,&% Engineering, as shown by the cost of supporting documents attached herewith Developer Date THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on ~ ~ 090 %~. / , , ~ / ~ ~'~ ~ Nota~ Public in and for ~e State of Texas CERTIFICATION ~ ~. ~OF ~t~ .'" . % . · ........ ~ . . ~e ~nf~a~ ~~~s apph~n has ~n rew~ and det~m~ to ~ co~a~ a cmd~ of ~.00 is her~v~: ngineering Services Engineer) (Date)' EXHIBIT "E" SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and Alex Azali ("Developer"), of 6301 Meadowvista, Corpus Christi, Texas 78414. WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop a tract of land, of approximately 14.265 acres called Queen's Crossing Unit I on Cimarron Boulevard, near Lens Drive, as shown on the attached Exhibit 1. WHEREAS, the City's Sanitary Sewer Master Plan requires the construction of a Sanitary Sewer Collection Line Extension in order for the development to have sanitary sewer service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the oversized and over-depth portion of the construction of a Sanitary Sewer Collection Line Extension; and WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is to the best interest of the City and the Developer for the oversized and over-depth Sanitary Sewer Collection Line Extension be constructed in its permanent sizing and location as specified in the Sanitary Sewer Master Plan for the Southern Area of Corpus Christi; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Sanitary Sewer Collection Line Extension needed for the development in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. EXHIBIT "F" Page 1 of 5 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the offsite and oversized over-depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2, with the following basic design: (1) OFFSITE SANITARY SEWER COLLECTION LINE (a) Install approximately 511 feet of 12 inch PVC pipe. (b) Install three (2) manholes, 5 feet in diameter. (c) Crushed stone embedment for pipe. (d) Dewatering with well-points for 12 inch pipe. (e) Pavement patching. (2) ONSITE OVERDEPTH SANITARY SEWER COLLECTION LINE (a) Install approximately 117 feet of 12 inch PVC pipe. (b) Install one (1) manhole, 5 feet in diameter. (c) Dewatering with well-points for 12 inch pipe. (c) Crushed stone embedment for pipe. (3) ONSITE OVERDEPTH, OVERSIZE SEWER COLLECTION LINE (1) Install approximately 436 feet of 12 inch PVC pipe. (2) Install one (1) manhole, 5 feet in diameter. (3) Dewatering with well-points for 12 inch pipe. (4) Crush stone embedment for pipe. b. Before the Developer starts construction the plans and specification for the Sanitary Sewer Collection Line must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS Prior to construction of the sanitary sewer trunk Sanitary Sewer Collection Line, Developer shall will acquire and dedicate to the City the any required additional street right-of-way or utility easements. Page 2 of 5 4. PLA'I-I'ING FEES. Developer shall pay to the City of Corpus Chdsti the required acreage fees and pro-rata fees as required by the Plaiting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the sanitary sewer trunk Sanitary Sewer Collection Line, under the approved plans end specifications, by March 1,2005. 6. REIMBURSEMENT a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed $61,982.28, of the ove~-sized over-depth and offsite Sanitary Sewer Collection Line within 30 days upon invoicing by the Developer, if the work has bc~--~ completed and has been inspected and accepted by the City. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specification and supervision of the construction of the Sanitary Sewer Collection Line by the profe_~_~ional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the sanitary sewer bunk Sanitary Sewer Trunk Force Main and Lift Station. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees ("lndemnitees') from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this Sanitary Sewer Trunk Force Main and Lift Station construction. 8. Developer further agrees, in compliance with the City of Corpus Chdsti Ordinance No. 17112, to co~plete, as part of this Agreement, the Disclosure of Ownership interests form a~tached as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns Eom and after the date of execution. EXECUTED IN DUPLICATE originals, this /~x'~ dayof ~'"~,,~-~. , 2004. DEVELOPER: By: Alex Azali, Owner Page 3 of 5 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ~__~.,.~./-- / ~ ,2004, -A~eli, as owner/developer. N blic, State of Texas Page 4 of 5 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: Margie C. Rose Assistant City Manager Approved as to form only /IJm,5 ~ ~ fi- Z-O , 2004 Assistant City Attorr~y For City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2004, by Margie C. Rose, Assistant City Manager, City of Corpus Chdsti, Texas, a Texas home- rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 5 of 5 qAUO 1 9 ~o~ L~]CAT H]~m~ PLAT OF QUEEN'S CROSSING UNIT I EXI:I~RIT "1~' Page 1 of 2 N60~57' ~'~/ ~, 47'~ 84, PLAT OF QUEEN'S CROSSING UNIT 1 Page "il 'l~.~ ii i1 ~l 4''.--11 d,~. EXIII~IT "2" Page I of 2 E~[ItI~IT "2" Page 2of 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City o[ Corpus Chds[i Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. I[ the question is not applicable, answer with "NA". OWNER'S NAME: Alex Azali STREET 6301 Meadowvista, Apt. No. 1034 CITY Comus Chdsti, Texas ZIP 78414 FIRM is: 1. Corporalion [] 2. Partnership [3 3. Sole Owner ~ 4. Association [] 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of thls page or attach separate sheet, 1. State the names of each "employee" of the City ot Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Job Title and City Depadment (it known) None State the names of each "official" of the City of Corpus Christi having an "ownership Interest" cons~utlng 3% or more of the ownership In the above named "firm". Name 'Fi~le None State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Board, Commission or Committee None State [he names of each employee or officer of a "consultant" for tho Clly of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more ol: the ownership In the above named "firm". Name Consultant None CERTIFICATE I certify that all information provided is true and correct as of the date or this statement, that I have not knowingly withheld disclosure of any in[ormation requested; and thai supplemental statements will be promptly submitted to the City o[ Corpus ChHsU, Texas as changes occur. Certifying Person: Alex Azali (Type or Pdnt) Signature of Certi[~Jing Person: ~ Title: Owner · Date: Auqust 19, 2004 EXHIBIT "3" AN ORDINANCE APPROPRIATING $61,982.28 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 540450-4220 TO PAY ALEX AZALI FOR THE INSTALLATION OF 511 LINEAR FEET OFF-SITE AND 553 LINEAR FEET ONSlTE OVERDEPTH OVERSIZED 12 INCH PVC SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER CONSTRUCTION AND REIMBURSEMENT AGREEMENT, TO DEVELOP QUEEN'S CROSSING UNIT I SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $61,982.28 from the Sanitary Sewer Collection Line Trust Fund No. 540450-4220 is appropriated to pay Alex Azali's reimbursement request for the installation of 511 linear feet offsite, and 553 linear feet overdepth oversized 12 inch PVC Sanitary Sewer Collection Line, as specified in the Sanitary Sewer Construction and Reimbursement Agreement, to develop Queen's Crossing Unit 1. 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 r, ccd 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 shall take effect upon flint reading as an emergency this the 31st of August, 2004. Al-rEST: THECrr'YOFCORPUSCHRISTI Armando Chapa City Secretary APPROVED /z~_~..,/~ z-l/ ,2004. By: Assistant City Attomey For City Attomey Samuel L. Neal, Jr. Mayor Corpus Chdsfi, 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: INVe, 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 City of Corpus Chdsti Council Members The above ordinance 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 Scoff 16 AGENDA MEMORANDUM August 31, 2004 AGENDA ITEM: An Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with Alex Azali, owner and developer of Queen's Crossings Unit 1 subdivision, for public street improvements on Oso Parkway, an urban parkway abutting a dedicated public park, in accordance with the Platting Ordinance, not to exceed $14,694.82 for City's share of costs of the improvements; and dectadng an emergency. ISSUE: The development and platting of Queen's crossings Unit 1 required the developer to construct a section of Oso Parkway abutting the subject subdivision in compliance with the City's Master Transportation Plan. The section of Oso Parkway in question also abuts dedicated City parklands. The City, as specified by Platting Ordinance, Section IV, Subsection G.2.j., may be required to participate in the cost of street construction. A Participation Agreement is pending between the City of Corpus Chdsti and Alex Azali, subject to City Council approval, allowing the developer to proceed with the construction of Oso Parkway. RECOMMENDATION: Staff recommends approval of the Ordinance as presented. ~C.P. Director of Development Services A'I-r'ACH MENTS: Exhibit A. Exhibit B Exhibit C Exhibit D Exhibit E Background Information Area Map Location Map / Oso Pkwy. Street Section Cost Estimates Participation Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and the platting o[ Queens Crossings Unit 1 required construction of Oso Parkway to comply with the City's Master Transportation Plan. Typically, the platting process requires the developer to pay the total cost of public improvements associated with the development. In this particular case the portion of Oso Parkway to be constructed associated with the development of Queens Crossings Unit 1 is abutting dedicated City parklands; therefore, the City, as specified in the Platting ordinance, Section IV, Subsection G.2.j., may be required to participate in the cost of street construction. A Street Construction Participation Agreement Is pending between the City of Corpus Chdsti and Alex Azali allowing the developer to proceed with the construction of Oso Parkway for and in behalf of the City abutting the section o1: Park dedicated lands. (See exhibits B and C ). The participation agreement states the City shall reimburse the Developer for the City's share of the cost of public improvements. The projected costs of the City's share for the improvements are $14,694.82. (See Exhibit D for costs estimates). Reimbursement would be payable upon completion and acceptance o1: the street construction work with actual reimbursement to be determined based on the actual construction cost and not to exceed $14,694.82. RECOMMENDATION: Staff recommends approval of Ordinance as presented. Page 'i' of 1 BAUER DR, AREA LENS DR.-- QUEEN'S CROSSING UNIT 1 EXHIBT "B' PRI]~. 40' BB ~TRI~_ ~ (CITY P~TI[~I HATCI~) -- QUEENS CROSSING UNIT 1 EXHIBIT FOR STREET REIMBURSEMENT AT PARK I' = 100' TYPICAL STREET SECTION - OSO PKWY EXHIBIT "C" STREET ITEMS (AT PARK) m -- .-- 'CS'ST --'' QUEEN'S CROSSING UNIT 1 STREET, SANITARY SEWER AND WATER REIMBURSEMENT DESCRIPTION QUANTITY UNIT 1. 2' HMAC 2, 4' THICK R/C WALK 3. EXCAVATION 4. 6" CURB & GU I'IER 5. 8" CALICHE BASE 6, 8' LIME STABILIZED SUBGRADE TO 2' BC 7. BARRICADE 8. CLEARING & GRUBBING UNIT PRICE 354 SY $6.25 1392 SF 2.65 1 LS 1,500.00 174 LF 8.00 354 SY 6.45 431 SY 3.00 1 EA 800.00 1 LS 500.00 TOTAL STREET ITEMS 7.5% ENGINEERING TOTAL STREET REIMBURSEMENT AMOUNT $2,212.50 3,688.80 1,500.00 1,392.00 2,283.30 1,293.00 800.00 500.00 $13,669.60 $1,025.22 $14,694.82 Page 1 of 3 PARTICIPATION AGREEMENT THE STATE OF TEXAS COUN'I-YOFNUECES THIS AGREEMENT is entered into between the City of Corpus Christi (City), a Texas Home Rule Municipal Corporation, P. O. Box 9277, Corpus Christi, Nueces County, Texas and Alex Azali (Developer), 6301 Meadowvista #1034, Corpus Christi, Texas, 78414. WHEREAS, Developer is developing a subdivision known as Queen's Crossing Unit 1, containing 14.265 acres of land on Cimarron Boulevard, near Lens Drive, as shown on the attached Exhibit 1; WHEREAS, Developer has submitted a plat, in compliance with the provisions of the City Platting Ordinance, which shows a portion of Queen's Crossing Unit 1 adjacent to Oso Parkway; and WHEREAS, the part of Oso Parkway to be developed borders a City park and the City may bear its podion of the costs of development, according to the Platting Ordinance IV_ G. 2. j_; NOW, THEREFORE, in order to provide a coordinated land development and street construction project, the City and Developer agree as follows: Developer will construct certain improvements for and on behalf of the City including pavement and sidewalks on Oso Parkway, which bounds a dedicated City park. The improvements are required to be constructed in accordance with the plans and specifications approved by the City Engineer. This Agreement will be null and void if it is determined by the City that the improvements are not constructed in accordance with the approved plans and specifications; the corrections will then be contracted for and financed completely by the Developer. For Queen's Crossing Unit 1, the total estimated cost of the City's share of public street improvements, as depicted in Exhibit~2]s $14,694.82. The City shall reimburse the Developer for the City's share of the cost of public improvements for this development in the following manner: a. Upon recordation of the final plat of Queen's Crossing Unit 1, and final acceptance of public improvements by the City Engineer, the Developer will be paid for actual costs of the City's share, not to exceed $14,694.82, of the required public improvements no later than 60 calendar days from the date of final acceptance by the City Engineer. EXHIBIT "E" Page 1 of 3 Page 2 of 3 b. Developer must indemnify and hold harmless the City, its~ agents, officers and employees (Indemnitees) from all suits, actions or claims and from all liability for any and all injuries or damages sustained by any person, including, without limitation, workers compensation, personal injury or death, arising from or incident to the construction of the improvements, regardless of cause or of any concurrent or contributing fault or negligence of Indemnitees, including Indemnitees' sole negligence. This Agreement becomes effective and binding upon and inures to the benefit of the parties hereto and their heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of ,2004. A'Fi'EST: CITY OF CORPUS CHRISTI By:. Armando Chapa, City Secretary By: Margie C. Rose, Assistant City Manager Approved as to form only .AS ~j,. '1' '~ o 2004 BY: ph~arne (//~ -'~ -" Jose y "~ Assistant City Attorney For City Attomey STATE OF TEXAS COUNTY OF NUECES This inslrument was acknowledged before me on ,2004, by Margie C. Rose, Assistant City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas EXHIBIT "E" Page 2 of 3 Page 3 of 3 Developer. Alex Azali, Owner STATE OF TEXAS COUNTY OFNUECES Thisinstrumentwasacknowledgedbefore meon(~ Az-aliasowner/dev~oper. EXHIBIT "E" Page 3 of 3 PLAT OF ~JEZN'S CROSS~N~ uNrr 1 CORI:~S CHI~'rl, NUB:ES COUNTY, TEXAS EXHIBIT "17 Page 1 of 2 d PLAT OF QUEEN'S CROSSING UNIT 1 EXHIBI[T "1~ Page 2 of 2 EXHIBIT CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City oi: Corpus Chdsti Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the foltowing In[ormatJon. Every question must be answered. Ii: the question Is not applicable, answer with "NA". OWNER'S NAME: Alex Azali STREET 6301 Meadowvista, Apt. No. 1034 CITY Corpus Chdstl, Texas ZIP 78414 FIRM is: 1. Corporation [] 2. Partnership [] 5. Other 3, Sole Owner 4. Association [] DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side o[ this page or attach separaie sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Job TIUe and City Department (if known) None State the names of each "official" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name 'FlUe None State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constitul.ing 3% or more of the ownership In the above named "firm". Name Board, Commission or Committee None State the names of each employee or officer of a "consultant" for the City ot Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant None CERTIFICATE I certify that all information provided is [rue and correct as of lhe date of this statement, that I have not knowingly withheld disclosure of any informal:ion requested; and that supplemental statements will be promptly submitted to the City of Corpus Chdsll, Texas as changes occur. Cedi[ying Person: Alex Azali (Type or Print) S ignaiure of Cedifying Person: ~ ~. '~'N~-~ ~tJe: Owner Date: Auqust 19, 2004 Page I of 2 AN ORDINANCE AUTHORIZING THE Cl'l'~ MANAGER, OR HIS DESIGNEE, TO EXECUTE A PARTICIPATION AGREEMENT WITH ALEX AZALI, OW%IER AND DEVELOPER OF QUEEN'S CROSSING UNIT 1 SUBDIVISION, FOR PUBLIC STREET IMPROVEMENTS ON OSO PARKWAY, AN URBAN PARKWAY ABU'DI'ING A DEDICATED PUBLIC PARK, IN ACCORDANCE WITH THE PLA3-FING ORDINANCE, NOT TO EXCEED $14,694.82 FOR CITY'S SHARE OF COSTS OF THE IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the required funds having been appropnated, the City Manager, or his designee, is authorized to execute a participation agreement with Alex Azali, Developer, for public street improvements on Oso Parkway, abutting a dedicated public park, not to exceed $14,694.82 for the City's share of the costs of the improvements. A copy of the agreement is on file with the City Secretary's office. 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency measure this the 31 st of August, 2004. ATTEST: THE CITYOFCORPUSCHRISTI Armando Chapa, City Secretary Samuel L. Neal, Jr., Mayor Approved Assistant City Attomey For City Attomey 2O04 Page 2 of 2 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 The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr., Mayor Rex A. Kinnison Brent Chesney Melody Cooper Javier D, Colmenem Henry Garrett Bill Kelly Jesse Noyola Mark Scott 17 AGENDA MEMORANDUM August 31, 2004 AGENDA ITEM: Motion approving the Transmission and Gdd Main Construction and Reimbursement Agreement submitted by Alex Azali, owner and developer of Queen's Crossing Unit 1 subdivision located east of Ciman'on Boulevard south o[ Lens Drive for the installation of 715 linear feet of a 12-inch PVC water gdd main; and Ordinance appmpdalJng $ 27,096.53 from the Arterial Transmission & Gdd Main Trust Fund No. 4030-540450 to pay developer reimbursement request for the installation of 715 linear feet of a 12-inch PVC water grid main to develop Queen's Crossings Unit 1 subdMsio~; and declaring an emergency. ISSUE: Mr. Alex Azali, owner and developer of Queen's Crossings Unit I subdivision, will start the installation o[ 715 linear feet of a 12-inch PVC water gdd main at two locations abutting the subdivision. 545 linear feet ora 12-inch PVC water gdd main will be installed along the w~st side of Cimarron Boulevard starting at the norlhem property line of Queen's Crossings Unit 1 subdivision and extending to the southern property line of subject subdivision. 170 linear feet of a 12-inch PVC water gdd main will be installed along the south side of Oso Parkway abutting Queen's Crossings Unit 1 subdivision. Construction of the 12-inch water mains at both locations will start once the City Council approves the Transmission and Gdd Main Construction and Reimbursement Agreement and funds to pay for said installation are encumbered from the Adedal Transmission and Gdd Main Trust Fund in compliance with Ordinance No.025424. RECOMMENDATION: Slaff recommends approval of the motion and ordinance as presented. ATTACHMENTS: Exhibit A. Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F "'~Director of De.~pP~ent Services Background Information Location Map Cost Estimate Calculations Application for Water Line Reimbursement Application for Waterline Credit Transmission and Gdd Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Queen's Crossings Unit 1 subdivision required the construction of 715 feet of a 12-inch PVC water main grid at two locations abutting the subdivision. Along the west side of Cimarron Boulevard the water line will extend 545 feet from the northern property line to the southern property line. In addition, the developer will construct 170 linear feet of a 12-inch PVC water grin main along the south side of Oso Parkway abutting Queen's Crossings Unit 1 subdivision. (See Exhibit B Location Map). The 12-inch PVC water gdd mains along Cimarron Boulevard and Oso Parkway are required by the City's Distribution System Master Plan and are eligible for reimbursement as a water grid main in accordance with the Platting Ordinance. The total cost, submitted by the developer for the installation of 715-feet (545 linear feet on Cimarron Boulevard plus 170 linear feet on Oso Parkway) of 12-inch PVC water gdd main including 7.5% of associated engineering costs is $35,611.53. Because the developer has not paid the City of Corpus Chdsti assessed acreage fee of $ 8,515.00 the reimbumed amount due to the developer is the difference between the cost of installation of the 12-inch PVC water gdd main and the acreage fee assessed. Therefore, the total reimbursement owed to the Mr. Alex Azali, developer of Queen's Crossings Unit 1 is not to exceed ($35,611.53 -$8,515.00) = $27,096.53. The developer has submitted a Transmission and Gdd Main Construction and Reimbursement Agreement and supporlJng documentation in compliance with provisions of the Platting Ordinance. The Application for the grid main reimbursement and supporting cost documentation are attached (see Exhibit D, Reimbursement Application and Exhibit E, Application for Water Line Credit). Reimbursement would be payable upon completion and acceptance of the water grid main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $ 27,096.53. RECOMMENDATION: presented. Staff recommends approval of the motion and ordinance as ExhibitA I Page 1 of 1 PRDP. LEhI~ ))R. 1~' WTR L ' PICOTS- I)P.. 'SITE' (QUEEN'S CROSSING UNIT 1) PRDP. 12' WTR - LOr~llON ~ QUEEN'S CROSSING UNFF 1 PROPOSED 12-INCH WATER LINE EXHIBIT "B' GRID MAIN WATER ITEMS 12~ PVC PIPE 2, 12" TEE 3, 12' GATE VALVE W/BOX 12" CAP TAPPED FOR 2' 5, FIRE HYDRANT ASSEMBLY 6, 6" 90Q EL 7. 6" PVC PIPE NIPPLE 8, 6" GATE VALVE WITH BOX STREET, SANITARY SEWER ~ WATER REIMBURSEMENT sh~ ,,'/715 j LF $28.80 $20,592.00 ~ ,'~4 ~ EA 540.00 2,160.00 ! 3 E^ 1,800,00 5,400.00 3 EA 450.00 1,350.00 1 EA 2,300.00 2,300.00 1 EA 200.00 200.00 3 EA 200.00 600.00 1 EA 525.00 525.00 SUBTOTAL WATER GRID MAIN ITEMS $33~127.00 7.5 % ENGINEERING $2~484-53 TOTAL WATER CONSTRUCTION $35,611.53 LESS WATER DIST SYSTEM ACREAGE FEE APPLICATION FOR WATER LINE REIMBURSEMENT I, Alex Azali, owner and developer of proposed Queens Crossing Unit 1 Subdivision, hereby request reimbursement of $27,09653 for the installation of the water grid main in conjunction with said Subdivision as provided for by City Ordinance No. 17092. Said $27,096.53 is the construction cost, including 7~A % Engineering, in excess o[ the acreage fee, as shown by the cost of supporting documents attached herewith. Developer Date THE STATE OF TEXAS )( COUNTY OF NUECES )( - ~ ~ ~ ~ ~ Notff,~c~andfor~eStateofTex~ C~R~CA~ON ~ '"....~xm~ '~ . . %; ~-,,** ..... ~ ~omtmn subm~ t~s app~tmn for re~u~nt h~ ~n remew~ a~ de tepid to ~ m~ect. Re~b~nt is subj~t to: (a) sufficiency of fuads tn the Grid and Arterial Main Trust Fund, and (b) appropriation and approval by the City Council. ~i~oct b(r~ 7;n~ginnee~ Services (Date) 03053-/~ppl. Water Lul¢ I~[mbm~ment Form EXHIBIT "D" APPLICATION FOR WATER LINE CREDIT I, Alex Azali, owner and developer of proposed Queen's Crossing Unit 1 Subdivision, hereby apply for $8,515 credit towards the waler acreage fee for the Grid Main extension installed in conjunction with ;:'id Sul~division as provided for by City Ordinance No. 17092. $35,611,53. is the construction cost, indading 7% % Engineering, as shown by the cost of supporting documents attached herevath. Developer Date THE STATE OF TEXAS )( COUNTY OF NUECES ) ( * :: ~ Notary ~ for The State of Texas CERTIFICATION The information submitted with this application has been reviewed and detel-mJned to be correct and a cxedit of $'~40~is h~rewith approved: ngineering Services (City Engineer) 03053-Appl Water Line Credit Form EXHIBIT "E" TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OFNUECES This Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home- rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and Alex Azali, ("Developer"), 6301 Meadowvista, #1034, Corpus Christi, Texas 78414. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 14_265 acres called Queen's Crossing Unit 1 on Cimarron Boulevard, near Lens Drive, as shown in the attached Exhibit 1. WHEREAS, the City's Water Distribution Master Plan, 1997, requires the construction of 12 inch PVC aderial transmission and grid main in order for the Queen' Crossing Unit 1 Subdivision to have water service; and WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of 12 inch PVC arterial transmission and grid main; and WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of 12 inch PVC adedal transmission and grid main; and WHEREAS, it is essential that a portion of the 12 inch PVC artedal transmission and grid main be constructed in connection with the Queen's Crossing Unit I Subdivision development for service to be provided upon completion of the Queen's Crossing Unit 1 Subdivision; and WHEREAS, it is to the best interest of the City and the Developer for the 12 inch PVC arterial transmission and grid main be constructed to the size and serve the area specified in the Water Distribution Master Plan, 1997; NOW, THEREFORE, for and in consideration of the mutual covenants in this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 inch PVC aderial transmission and grid main needed for the Queen's Crossing Unit 1 Subdivision in compliance with the City's Platting Ordinance and under the plans and specifications approved by City Engineer. EXHIBIT "F" Page 1 of 4 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Director of Engineering Services, to prepare plans and specifications for the 12 inch PVC arterial transmission and grid main, as shown in Exhibit 2, with the following basic design: (1) Install 715 linear feet of 12" PVC transmission/grid main. (2) Install 3 (three) 12-inch Cap Tapped for 2-inch. (3) Install 4 (four) 12-inch X 6-inch Tee. (4) Install 3 (three) 12-inch Gate Valve w/box. (5) Install 1 (one) Fire Hydrant assembly. (6) Install I (one) 6-inch, 90-degree EL (for Fire Hydrant) (7) Install 3 (three) 6-inch X 30-inch PVC Pipe Nipple (for Fire Hydrant) (8) Install 1 (one) 6-inch Gate Valve w/box (9) One part of the transmission/grid main wifl connect to an existing 12 inch line on Cimarron Boulevard and extend 545 feet south within Cimarron Boulevard right--of-way. 170 feet of the transmission/grid main will extend along a section of newly constructed Oso Parkway. b. The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications. c. Before the Developer stads construction the plans and specification must be approved by the City's Director of Engineering Services. 3. SITE IMPROVEMENTS a. Prior to construction of the 12 inch PVC arterial transmission and grid main, Developer shall will acquire and dedicate to the City the required utility easement or right-of-way for the installation of 12 inch PVC arterial transmission and grid main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and complete the 12-inch water and grid main, in accordance with the approved plans and specifications, by March 1,2005. EXHIBIT "F" Page 2 of 4 6. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 inch PVC artedal transmission and grid main, not to exceed $27,093.53, within 30 days upon invoicing by the Developer, if the work has been completed and has been inspected and accepted by the City. The City agrees to conduct periodic inspections of the progress of the work at key points dudng the construction. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 inch PVC adedal l~ansmission and gdd main by the professional engineer hired by the Developer. However, the expenses may not ex. cd 7.5% of the costs of construction of the 12-inch water gnd main. 7. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and fiorn all liability for any and all injuries or damages sustained by any person, including without fimitation workers compensaSon, personal injury or death, a#sing from or inc~:~ent to this 12 inch PVC arterial transmission and grid main construction. 8 Developer further agrees, in compliance with the City of Corpus Chdsti Ordinance No. 17112, to complete, as part of this Agreement, the Disdosura of Ownership interests form attached hereto as Exhibit 3. 9. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, s _L.:ce__ssors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this / q~ day of (/~.~'fi ,2004. DEVELOPER: Alex Azali, Owner THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowiedged before me on ,~-, as owner/developer. ,2004, by.,N~x EXHIBIT "F" Page 3 of 4 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form only By: Margie Rose Assistant City Manager ,2004 By: Josel~hJ~amey ~ Assistant City Attomey For City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on ,2004, by Margie C. Rose, Assistant City Manager, City of Corpus Christi, Texas, a Texas home- rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas EXHIBIT "F" Page 4 of 4 ~jD~E c E I V EI~ AUG 1 9 PLAT OF QUEEN'S CROSSING UNIT 1 EXHIBIT Page 1 of 2 PLAT OF QUEEN'S CROSSING UNIT 1 Page 2 of 2 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS Cibj of Corpus Chdsli Ordinance 17112, as amended, requires all persons or firms seeking ID do business with the City to provide the following In[ormabon. Every question must be answered. I[ the question is not applicable, answer with 'NA". OWNER'S NAME: STREET FIRM is: Alex Azali 6301 Meadowvista, Apt. No. 1034 Corporation [] 2. Partnership [] Other CITY Corpus Chdsti, Texas ZiP 78414 3. Sole Owner i'~ 4. Associal~on [] DISCLOSURE QUESTIONS If additional space is necessary, please use [he reveme side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Narn~ Job Title and City Department (if known) None State the names of each "official" of the City of Corpus ChHsU having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Title State the names of each "board member" of the City of Corpus Christi having an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Board, Commission or Committee None 4. State the names of each employee or offlcer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the ownership In the above named "firm". Name Consultant None CERTIFICATE I certify that afl information provided is true and correcl as of the date of this statement, thai I have not knowingly withheld disclosure of any in[ormatJon requested; and thai supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Alex Azali (Type or Print) Signature o[Certi~ng Person: ~ ~,.~.~ Title: Owner Date: Auqust 19, 2004 EXHIBIT "3" AN ORDINANCE APPROPRIATING $27,096.53 FROM THE WATER ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030- 540450 TO PAY DEVELOPER REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 715 LINEAR FEET OF A 12 INCH PVC WATER GRID MAIN TO DEVELOP QUEEN'S CROSSING UNIT '1 SUBDIVISION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $27,096.53 from the Water Artedal Transmission and Grid Main Trust Fund No_ 4030-540450 is appropriated to pay developer (Alex Azali) reimbursement request for the installation of 715 linear feet of an 12-inch PVC water gdd main to develop Queen's Crossing Unit 1. SECTION 2. That upon wdtten 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 shall take effect upon first reading as an emergency this the 31st of August, 2004. A'I-rEST: THECITYOFCORPUSCHRISTI A~nando Chapa City Secretary Samuel L. Neal, Jr. Mayor APPROVED By: Assistant City Attomey For City Attomey 2004. Page 2 of 2 Corpus Chdsti, Texas day of ,2004. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr., Mayor Rex A. Kinnison Brent Chesney Melody Cooper Javier D. Colmenero Henry Garrett Bill Kelly Jesse Noyola Mark Scott 18 AGENDA MEMORANDUM August 31, 2004 AGENDA ITEM: Amending the Platting Ordinance of the City of Coq)us Christi by revising Section III. I (3) (f) and Section V. B (11) (c) (4) removing the requirement for the Texas General Land Office written approval of state boundary determina'do~ of state owned submerged lands. ISSUE: The City of Corpus Christi is the only coastal city requiring a lel~er of approval from the Texas General Land ~ for boundary determination of state owned submerged lands as part of its platting process. The Texas General Land Office concum in the elimination of this requirement. The requirement imposes unnecessary delays to development resulting in a costlier platting process for anyone seeking to build on property adjacent to state owned bodies of water. REQUIRED COUNCIL ACTION: Adopt ordinance to amend Platting Ordinance Section m. I (3) (f) and Section V. B (11) (c) (4) removing ~ requirement for Texas General Land Office written approval for boundary determination of state owned submerged lands and providing for a Licensed State Land Surveyor to establish the determination. RECOMMENDATION: Staff recommends amendment to the Platting Ordinance. Attachment: Director of Development Services Exhibit A - Background Information Exhibit B - Ordinance AGENDA MEMORANDUM ADDJTIONAL BACKGROUND INFORMATION I PURPOSE: Pyle and Associates, Inc. a surveying firm requested the amendment of the Platting Ordinance to eliminate the time consuming step of requiring a letter of approval from the Texas General Land Office (TGLO) to determine the boundary of state submerged land and private property in the interest of expediting the processing of a plat submission. The City of Corpus Christi routinely receives plat submittals adjacent to state owned submmged lands of Gulf of Mexico, inland bays and navigable sbeams. The City requires written approval from the TGLO of tile lock,on of any subject water boundary as a condition for approval of the plat for recordation adding additional time to record a plaL In lieu of ~is requirement it is proposed that the City require certification on the plat by a Licensed State Land Surveyor (LSLS) for ~ water boundary portion of tile property. This is consistent with the Natural Resources Code Section 33.135 which states that boundary is subject to cttange and can be determined accurately only by a survey on the ground made by a Licensed State Land Surveyor. In addition the proposed amendment requires that an updated determination of the boundary between the State-owned land and privately owned property is required at the time of a Building Permit or mplat_ Planning Commission approved a recommendation to amend the Platting Ordinance as proposed at the regularly scheduled meeting on August 25, 2004. EXHIBIT A AN ORDINANCE AMENDING THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI BY REVISING SECTION III. I. 3. t}, AND SECTION V. B. 11. c) 4), REMOVING THE REQUIREMENT FOR TEXAS GENERAL LAND OFFICE WRI'I-rEN APPROVAL OF STATE BOUNDARY DETERMINATION OF STATE OWNED SUBMERGED LANDS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the amendment of the Platting Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public heatings were held on Wednesday, August 25, 2004, dudng a meeting of the Planning Commission, and on Tuesday, August 31, 2004, for the first reading and on Tuesday, September 14, 2004, for the second reading, during a meeting of the City Council, in the Council Chambers, at City Hall, in the C~y of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI; SECTION 1. That Section III. I. 3. f) of the Platting Ordinance of the City of Corpus Chdsti is revised to read as follows: IlL I. 3, ~ The boundary line of any submerged lands belonging to the State of Texas that adjoins the tract, based on a State approvod determination of the boundary between the State-owned lands and privately owned property under Section V. B. 11. (c) (4). SECTION 2. That Section V_ B. 11. c) 4) of the Platting Ordinance of the City of Corpus Chdsti is revised to read as follows: V. B. 11. c) (4) All plats of land that border on submerged lands belonging to the State of Texas must have a Stato approved determination of the boundary between the State-owned land and privately owned property by a Licensed State Land Surveyor in compliance with the Professional Survevino Act and State General Land Office cdteda. The boundary line must be shown on the final plat with the date of the survey. H:~EG-DIR~Joseph\Ord-Platd3LOLtr.d~c V. B. 11. c) (4) (i) The plat shall have a certification by a Licensed State Land Surveyor for the water boundary portion of the plat. V= B. 11. c) (4) (ii) The Plat shall have the followinq notes: 'q'he (shoreline or Gradient line), as shown on this plat represents its location on (date of survey). This line is affected by natural events and has potential for movement or relocation. As this line ma,/move, title to the land on either side of said line may chan.qe. 'q'he (shoreline or (3radient line), as shown on this plat constitutes the boundary between the upland owner and the ('submemed lands or riverbed) owned by the State of Texas. Planned development alonq or across thin line may be subiect to review and approval or permittin(i by the Texas General Land "An updated determination of the boundary between the State-owned land and privateh/owned property is rec~uired at the time of a Buildinq Permit or replat." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given tull force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:~LEG-DlR~leseph\Ord-Plat-GLOLa'.doc 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 ,2004, by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry GarTett Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott PASSED AND APPROVED, this the ATrEST: day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form By: Samuel L. Neal, Jr. Mayor Josep H~amey/'~)''/' Assistant City Attom[,~ For City Attomey H:'~LEG-DIR~/oseph\Ord-Plat-GLOL~'.doc 19 CITY COUNCIL AGENDA MEMORANDUM August 31, 2004 AGENDAITEM: Public headng to consider abandoning and vacating a 26,014-square foot portion of an undeveloped and unsurfaced 20' wide dedicated public right--of-way out of Lots 17 & 18, Sec. 20, Flour Blu[f & Encinal Farm & Garden Tracts (approximately 210-feet south and east of the Brockhampton Street and Cimarron Boulevard intersection). Ordinance abandoning and vacating a 26,014-square foot podion of an undeveloped and unsurfaced 20' wide dedicated public right-of-way out of Lots 17 & 18, Sec. 20, Flour Bluff& Encinal Farm & Garden Tracts (approximately 21 O-feet south and east of the Brockhampton Street and Cimarron Boulevard intersection); subject to owner's compliance with the specified conditions; and declaring an emergency. ISSUE: Coym, Rehmet, & Gutierrez Engineering, Inc., on behalf of the owner, Paul M. Strunk, is requesting the abandonment and vacation of the dedicated public right-of-way to allow for the future development of a residential subdivision. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion o[ street rights-of-way. City Code requires a public headng pdor to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. Director of E~y.~..gipment Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Coym, Rehmet, & Gutierrez Engineering, Inc., on behalf of the Owner, Paul M. Strunk, is requesting the abandonment and vacation of a 26,014-square foot portion of an undeveloped and unsurfaced 20' wide dedicated public right-of-way (ROW) out of Lots 17 & 18, Sec. 20, Flour Bluff & Encinal Farm & Garden Tracts. The undeveloped ROW to be abandoned and vacated is located in an "F-R" Farm-Rural District. The 20' wide undeveloped ROW is the southern portion of a 40-foot wide undeveloped ROW that is located in Lots 17 & 18, Section 20, Flour Bluff & Encinal Farm & Garden Tracts. The 20' wide northern portion of the undeveloped ROW within the Bdghton Village Subdivision was closed and approved by City Ordinance 16425, on July 29, 1981. Approximately 1300.72 L.F. of the undeveloped ROW to be abandoned is located south and extending east of the Brockhampton Street and Ciman'on Boulevard intersection. The said portion o[ public right-of-way is being vacated and abandoned to allow for the future development of a residential subdivision. The Owner, Paul M. Strunk and the developer, Mr. Manuel Ortiz desires to offset the referenced undeveloped public ROW by dedicating new street ROW within the proposed Tuscany Village subdivision plat. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of Ihe utility companies. Staff recommends that payment of the fair market value be waived because Owner will be dedicating public street right-of-way of greater value on the Tuscany Village Subdivision. to off-set the proposed abandonment and vacating of public right-of-way. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B~,. Bailey, AICP, Director of Development Services DATE: August 19, 2004 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Auqust 31,2004 ORDINANCE CAPTION: Public hearing to consider abandoning and vacating a 26,014-square [cot podion ct an undeveloped and unsurfaced 20' wide dedicated public right-of-way out ct Lots 17 & 18, Sec. 20, Flour Bluff & Encinal Farm & Garden Tracts (approximately 210-1'eeI south and east of the Brockhampton Street and Ciman-on Boulevard intersection). Ordinance abandoning and vacating a 26,014-square toot portion ct an undeveloped and unsurfaced 20' wide dedicated public right-of-way out of Lots 17 & 18, Sec. 20, Flour Bluff & Encinal Farm 8, Garden Tracts (approximately 210-feet south and east ct" the Breckhampton Street and Ciman'on Boulevard intersection); subject to owner's compliance with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume A, Page 41-43, o[the Map Records of Nueces Count~, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: Staff recommends that payment ct the fair market value be waived because Owner will be dedicating public street right-of-way ct' greater value with the development of the Tuscany Village Subdivision, to off-set the proposed abandonment and vacation ct public right-ct-way. Upon approval [rom Council and ordinance issued, all grants o1' easement closures must be recorded in the real properly Map Records of Nueces Counly, Texas, in which the property is located. Prior to Building Permit approval ct construction, an up-to-date survey, abstracted for all easements and items ct record, must be submitted to the Director ct Development Services. REQUESTED BY: r'e~tor of Development Services DATE: ~ Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 26,014-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 20 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 17 AND 18, SECTION 20, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS (APPROXIMATELY 210 FEET SOUTH AND EAST OF THE BROCKHAMPTON STREET AND CIMARRON BOULEVARD INTERSECTION); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. ~q-IEREAS, there is a 26,014-square foot portion of an undeveloped and unsurfaced 20 foot wide dedicated public right-of-way out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, Paul M. Strunk, (Owner), wishes to have abandoned and vacated; and WI-IEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the easement for all purposes, subject to the provisions below. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 26,014-square foot portion of an undeveloped and unsurfaced 20 foot wide dedicated public right-of-way out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, (approximately 210 feet south and east of the Brockhampton Street and Cimarron Boulevard intersection) as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: That payment of the fair Market value be waived because Owner will be dedicating public street right-of-way of greater value with the development of the Tuscany Village Subdivision, to off-set the proposed abandonment and vacation of the public right-of-way. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property map records of Nueces County, Texas, in which the property is located. Pdor to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 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 H:~LEG-D1R~Joseph\ORD-Tuscany- av.doc 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 31st day of August, 2004. AT-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved ./~,,.[ ,...,~- z-¢ ,2004 Joseph Assistant City Attorney For City Attomey H:~LEG -DIR~loseph\OKD-Tuscany-av doc Corpus Chdsti, 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: INVe, 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 C~ Council. Respectfully, Respectfully, Samuel L. Neal, Jr., Mayor City of Corpus Chdsti Council Members The above ordinance 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 H:~LEG-DIR~Joseph\ORD-Tuscany-av.doc L III ~¥dl II _? LOCATION MAP EXHIBIT C STREET CLOSURE LOTS 17 & 18, Sec. 20, FLOUR BLUFF & ENCINAL FARM& GARDEN TRACTS -- S AI~.TOGA BLVD. \ ~/.-Approx. 0.46 mile~ south of Saratoga Blvd. ,, --..~ -. -~-"]' -I ", ",~ L, ,,,~ 40 02 ACRES CALLED 40 ACRES TOTAL' PAUL M. STRUNK & MAR]ON J. S'TRUNK UND J/2 ]NTEREST DOC.~ {gg?005496 DT O.R.N.C.T. EXHIBIT TO A CCOMPAN}' PROPOSED RIGHT- OF- nT~ }' CLOSURE ALONG THE NORTH LINE OF LOTS 17 A- 18 SECTION 20. FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS AS RECORDED IN VOLUMN A, PACES 41-43, MAP RECORDS, NUECES COUNTY, TEXAS. 31 30 EXHIBIT C STREET CLOSURE LOTS 17 & 18, Sec. 20, FLOUR BLUFF & ENCINAL FARM& GARDEN TRACTS 20 CITY COUNCIL AGENDA MEMORANDUM August 31,2004 AGENDA ITEM: Public heanng to consider abandoning and vacating a 44,005-square foot portion of an undeveloped and unsurfaced 40' wide dedicated public right-of-way out of Lots 12-13 & 20- 21, Sec. 11, Flour Bluff & Encinal Farm & Garden Tracts (approximately 0.52 miles south of Saratoga Blvd. and 334-feet east of the South Staples Street right--of-way). Ordinance abandoning and vacating a 44,005-square toot portion of an undeveloped and unsurfaced 40' wide dedicated public right-of-way out of Lots 12-13 & 20-21, Sec. 11, Flour Bluff & Encinal Farm & Garden Tracts (approximately 0.52 miles south of Saratoga Blvd. and 334-feet east of the South Staples Street right-of-way); subject to owner's compliance with the specified conditions; and declaring an emergency. ISSUE: Bass & Welsh Engineering, in behalf of the owner, Mr. Emilio Cano, is requesting the abandonment and vacatJon of the dedicated public right-of-way to allow for the future development of a residential subdivision. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights-of-way. City Code requires a public headng pdor to the vacating and abandonment of any street rights-of-way. RECOMMENDATION: Staff recommends approval of the ordinance on an emergency basis. ~ent Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Bass & Welsh Engineering, on behalf of the Owner, Mr. Emilio Cano, is requesting the abandonment and vacation of a 44,005-square foot portion of an undeveloped and unsurfaced 40' wide dedicated public fight-of-way out of Lots 12-13 & 20-21, Sec. 11. Flour Bluff & Encinal Farm & Garden Tracts. The undeveloped ROW to be abandoned and vacated is located in an "R-1 B" One Family Dwelling DisLrict. The 40' wide undeveloped ROW is located in Lots 12-13 & 20-21, Section 11, Flour Bluff & Encinal Farm & Garden Tracts. Approximately 1100.13 L.F. of the undeveloped ROW to be abandoned is located approximately 0.52 miles south of Saratoga Blvd. and 334-feet east of the South Staples Street right-of-way. The said portion of public right-of-way is being abandoned and vacated to allow for the future development of a residential subdivision. The Owner, Mr. Emilio Cano desires to offset the referenced undeveloped public ROW by dedicating new street ROW within the proposed subdivision, The Boardwalk Unit 1 subdivision plat. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. Staff recommends that payment of the fair market value be waived because Owner will be dedicating public street right-of-way of greater value on the Boardwalk Unit 1 Subdivision, to off-set the proposed abandonment and vacating of public right-of-way. The owner has been advised of and concurs with the conditions of the right-of-way abandonment. EXHIBIT A FROM: B.A. Bailey, AICP, Director of Development Services DATE: August 24, 2004 TO THE CDDY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: Auqust 31, 2004 ORDINANCE CAPTION: Public hearing to consider abandoning and vacating a 44,005-square foot portion of an undeveloped and unsurfaced 40' wide dedicated public right-of-way out of Lots 12-13 & 20-21, Sec. 11, Flour Bluff & Encinal Farm & Garden Tracts (approximately 0.52 miles south of Saratoga Blvd. and 334-feet east of ~he South Staples Street right-of-way). Ordinance abandoning and vacal~ng a 4,4,005-square foot portion of an undeveloped and unsurfaced 40' wide dedicated public right-of-way out of Lots 12-13 & 20-21, Sec. 11, Flour Bluff & Encinal Farm & Garden Tracts (approximately 0.52 miles south of Saratoga Blvd. and 334-feet east of the ~ Staples Street right- of-way); subject to owner's compliance with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat Is recorded in Volume A, Page 41-43, of ~he Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: Staff recommends that payment of the fair market value be waived because Owner will be dedicating public sb'eet right-of-way of greater value with the development of The Boardwalk Unit 1 Subdivision, to orr-set Lhe proposed abandonment and vacating of public right-of-way. Upon approval Eom Council and ordinance issued, all grants of easement closures must be recorded in the real property Map Records of Nueces County, Texas, in which the properly is located. Pdor to Building Permit approval of construction, an up-to-date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. REQUESTED BY: .-"BA. Bailey, ~.~, irector of Development Services Approved: Date: EXHIBIT B AN ORDINANCE ABANDONING AND VACATING A 44,005-SQUARE FOOT PORTION OF AN UNDEVELOPED AND UNSURFACED 40 FOOT WIDE DEDICATED PUBLIC RIGHT-OF-WAY OUT OF LOTS 12-13 AND 20- 21, SECTION 11, FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS (APPROXIMATELY 0.52 MILE SOUTH OF SARATOGA BOULEVARD AND 334 FEET EAST OF THE SOUTH STAPLES STREET RIGHT-OF-WAY); SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY. WHEREAS, there is a 44,005-square foot portion of an undeveloped and unsurfaced 40 foot wide dedicated public right-of-way out of Lots 12-13 and 20-21, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas, that the owner, Emilio Cano, (Owner), wishes to have abandoned and vacated; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Chdsti to abandon and vacate said portion of the easement for all purposes, subject to the provisions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 44,005-square foot portion of an undeveloped and unsurfaced 40 foot wide dedicated public right-of-way out of Lots 12-13 and 20-21, Section 11, Flour Bluff and Encinal Farm and Garden Tracts, (approximately 0 52 mile south of Saratoga Boulevard and 334 feet east of the South Staples Street right-of-way) as recorded in Volume A, Pages 41-43, Map Records Nueces County, Texas is abandoned and vacated for public use as street right-of-way, subject to Owner's compliance with the following specified conditions as part of the abandonment and vacation: 1. That payment of the fair Market value be waived because Owner will be dedicating public street right-of-way of greater value with the development of The Boardwalk Unit 1 Subdivision, to off-set the proposed abandonment and vacation of the public right-of-way. 2. Upon approval from Council and ordinance issued, all grants of easement closures must be recorded in the real property map records of Nueces County, Texas, in which the property is located. Pdor to building permit approval of construction, an up to date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 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 H:~EG-DIR~Joseph\ORD-Boardwalk-av.doc 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 31st day of August, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Samuel L. Neal, Jr. Mayor Approved /'~',~-.~/' 2. ~' ,2004 By: Assistant City Attorney For City Attorney H:~LEG-DIRUoseph\ORD-B oar dwalk-av.doc Corpus Chdsti, 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: INVe, 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 City of Corpus Chdsfi Council Members The above ordinance 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 H:~LEG-DIR~oseph\ORD-B oardwaik-av.doc ~ (=,'rArE~ f rr : {DRNID. L THE ~OARD~ALK LOCATION HAP 1' = lO~' EXHIBIT C STREET CLOSURE LOTS 12-13 & 20-21, Sec. 11, FLOUR BLUFF & ENCINAL FARM& GARDEN TRACTS L~T 13 N29'OO'OO°E 40.00' ~--~RD. 86A S61' 00' 00'E NG1'O0'00'W (FUTURE T]HBERGAT[ I~R. > 33 41 %© 40' STRIP FOR STREET CLO~URE 1.010 AC.-~ 1100.13 40.00'~. 1100.13 EXHIBIT C STREET CLOSURE LOTS 12-13 & 20-21, Sec. 11, FLOUR BLUFF & ENClNAL FARM& GARDEN TRACTS 21 AGENDA MEMORANDUM PUBLIC HEARING- ZONING (City Council Action Date: August 31, 2004) Case No.: 0704-03, Lou-Tex Medical Venture, LLC: A change of zoning fi-om a "R-lB" One- family Dwelling District to a "B-4" General Business District. The property is in Bass Subdivision, Block 29, Lot O, located on the north side of Saratoga Boulevard and 400 feet east of Airline Road. Planning Commission and Staff's Recommendation (07/28/04): Denial of the "B-4" Dish'icL and in lieu thereof, approval of a "B-1" Neighborhood Business District. Requested Council Action: Denial of the "B-4" District, and in lieu thereof, approval ora "B-I" Neighborhood Business Dis~ct and adoption of the attached ordinance. Puroose of Request: For retail store. Snrnm:lry: · Applicant requesting a change of zoning fi-om "R-lB" One-family Dwelling Dislxict to a "B-4" G, eneml Business for the development of retail store on 0.81 acres. · The proposed retail store is planned as a one-story building consisting of 8,125 square feet. North of the subject property is undeveloped "R-lB" One-family Dwelling District property, to the south, across Saratoga Boulevard, is undeveloped "B4" General Business District property and east and west undeveloped "R-lB" One-family Dwelling District property. Policies w/thin the Comprehensive Plan recommend commercial uses have direct access to an arterial without traversing residential areas. The subject property has direct access to Saratoga Boulevard, an arterial, without traversing the residential area to the north. The "B-I" and "B-4" Dislricts provide for the requested retail use. By allowing a "B-4" District, higher intense uses would be allowed to occupy the subject property such as bars, taverns and auto repair sermces, as well as unlimited signage. Signage in the "B-I" District is limited to a forty (40) square foot fi-eestanding sign with a maximum height of twenty (20) feet and tmlh'mted wall signage. In the "B4" District signage out of the front twenty (20) foot setback is unlimited as to area, height and number and provides for unlimited wall signage. The preliminary site plan for the proposed fi-eestanding sign indicates the sign area as 96 square feet with a height of 15-feet, w/thin the 20-foot fi-ont yard setback. The "B-I" District would not accommodate the proposed sign regarding area, while the "B-4" District would. A study and proposed moratorium in reducing signage along major comdors is under discussion with staffand city officials. Until final action is taken in amending the current sign regulations, those districts that perrmt the requested use while allowing for lesser signage are preferred over disWicts with greater sign allowances. Almllcant's Position: The applicant concurs with Planning Commission and Stafff s recommendation. Agenda Memorandum August 31, 2004 Case No. 0704-03 (Lou-Tex Medical Venture, LLC) Page 2 Notification: Of the thirteen notices mailed to the surrounding property owners, two (2) were returned in favor and none were returned in opposition. The 20% rule Is not invoked. This case is considered noncontroversial. ~ t ser~ees MNG/FGM/er Attachments: 1) Zoning Report 2) Planning Comrrassion Minutes 3) Ordinances H:hU LN-DIR~ERMA\WORD~AG ENDMEML2004~704-03 AGENDAMEMO.DOC CTTY COUNCI'L ZON1'NG REPORT Case No.: 0704-03 Planning Commission Hearing Date: July 28, 2004 Applicant: Lou-Tex Medical Venture, LLC Owner: Erma Traynham and Ralph Abercia Agent: The Commercial Group - Debbie Scott Legal Description/Location: Bass Subdivision, Block 29, Lot O, located on the north s/de of Saratoga Boulevard and 400 feet east of Airline Road. From: "R-1B" One-family Dwelling District To: "B-4" General Business District Area: 0,81 acre Purpose of Request: Retail store Zoning Existing Land Use Site "R-lB" One-£amily Dwelling Vacant lot Dis~ct North "R-lB" One-family Dwelling Vacant lot Dis~ct South "B-.4" General Business Undeveloped land DisWict East "R-lB" One-family Dwelling Vacant lot District West "R-lB" One-family Dwelling Vacant lot District Future Land Use General Co.m~ercial Low-density residential Genexal Commercial General Commercial General Commercial Area Development Plan: Southside - The future land use map recommends commercial development on the subject property. The requested "B-4" District and the staffrecommended "B-I" District is consistent with the plan. The "B-I" Dis~ct provides for a smaller sign area and for less intrusive commercial development that would be adjacent to the "R-lB" District north of the subject property. Map No.: (G16B) (43032) (43031) Zoning Violations: None Zoning Report C~se No. 0704-03 (Lou-Tex Medical Venture, LLC) Page 2 Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to a "B-4" General Business for the development of a retail store on 0.81 acres. The proposed retail store is planned as a one-story building consisting of 8,125 square feet. North of the subject property is undeveloped "R-lB' One-family Dwelling District property, to the south, across Saratoga Boulevard, is undeveloped "B-4" General Business District property and east and west undeveloped "R-lB' One-family Dwelling Dis~ct property. Policies within the Comprehensive Plan recommend commercial uses have direct access to an arterial without traversing residential areas. The subject property has direct access to Saratoga Boulevard, an arterial, without U'aversing the residential area to the north. The "B-I" and "B-4" Districts provide for the requested retail use. By allowing a "B-4" District, higher intense uses would be allowed to occupy the subject property such as bars, taverns and auto repair sex'vices, as well as unlimited signage. Signage in the "B-I" District is limited to a forty (40) square foot freestanding sign with a maximum height of twenty (20) feet and unlimited wall signage. In the "BM" District signage out of the front twenty (20) foot setback is unlimited as to area, height and number and provides for unlimited wall mgnage. The preliminary site plan for the proposed fi'eestanding sign indicates the sign ~rea as 96 square feet w/th a height of 15-feet, within the 20-foot front yard setback. The "B-I' District would not accommodate the proposed sign regarding area, while the "BM" District would. A study and proposed moratorium in reducing signage along major comdors is under discussion with staff and city officials. Until final action is taken m amending the current sign regulations, those districts that permit the requested use while allowing for lesser signage are preferred over districts with greater sign allowances. Street Type Paved Section Volume (20m) Saratoga Boulevard Arterial 120' R_O.W. w/74' Bk. to 12,870a.d.t. Bk. paved section Airline Road Arterial 120' R.O.W. w/74' Bk. to 3,760 a.d.t. Bk. paved section Zoning Reporl Case No. 0704-03 (Lou-Tex Medical Venture, LLC) Page 3 The subject property is a platted lot. City Council has requested staffto review permitted sign allowances within various zoning districts and to develop options in reducing sign proliferation throughout the city. The recommended "B-1" District offers a reduction in signage as opposed to the "B-4" District. The preliminary site plan for the proposed retail store shows the driveway entry along the southwesterly section of the property, nearest the intersection of Saratoga Boulevard and Airline Road. Staffencourages the applicant to amend the preliminary site plan by relocating the driveway to the southeasterly section of the property, in an effort to provide for a safer driveway clearance in relationship to the intersection. Denial of the "B-4" General Business District, and in lieu, recommend a "i3-1" Neighborhood Business District_ Denial of the "B-4" General Business District, and in lieu, recommend a "B-I" Neighborhood Business District. Number of Notices Mailed - 13 Favor - 2 Opposition - 0 (As of August 12, 2004) Attachments: Zoning Map Site Plan Freestanding Sign Plan H:XPLN-DIR~ERMA\WORDXZONRPTSL2004XZONING REPORT 0704 -03CCREPORT.DOC B-3 B-4 NORTH I I I I I i I I I I i I I I I I I I I i I I i I I I ! ! i i ........... ~REC£1VED i JUL 08 ?0~)4 i ! I ! ! ~ · ~CEIVED LOCATION: Corpus Cbristi,~xas EXHIBIT "D' LANDLORD APPROVAL Planmng Commission Minutes July 28, 2004 New Zoning 0704-03 - Lou-Tex Medical Venture, LLC REQUEST: Change of zoning from "R-lB" One-family Dwelling Dislrict to "B-4" General Business District, resulting in a chan~e of land use from low-density residential to general commercial Excerpts from Zoning Report Legal Description/Location: Bass Subdivision, Block 29, Lot O, located on the north side of Saratoga Boulevard and 400feet east of Airline Road Purpose of Request. Retad store Area Development Plan: Southside - The future land use map recommend.~ commercial development on the subject property. The requested "B-4" District and the staff'recommended "B-1" District is consistent with the plan. The "B-1 "Districtprovidesfor a smaller sign area and for less intrusive commercial development that wouM be adjacent to the "R-lB" District north of the subject property. Signage in the "B-I "District is limited to a forty (40) square foot freestanding sign with a maximum height of twenty (20)feet and unlimited wall signage. In the "B-4" District signage placed out of the front twenty (20)foot setback is unlimited ax to area, height and number and provides for unlimited wall signage. The preliminary site plan for the proposed freestanding sign indicates the sign area as 96 square feet with a height of 1S-feet, within the 20-foot front yard setback. The "B-I "District would not accommodate the proposed sign regarding area, while the "B-4" District would. A study andproposed moratortum in reducing signage along major corridors is under discussion with staff and city officials. Until final action is taken in amending the current sign regulations, those districts that permit the requested use while allowing for lesser signage are preferred over districts with greater sign allowances. Staffs Recommendation: Denial of the "B-4" General Business District and in lieu, recommend a "B-1 "District Ms. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 13 notices mailed. None were received in favor or opposition. Chairman Berlanga asked if the applicant was in agreement with the "B-I" District. Mrs. Goode- Macon stated that she had spoken with the applicant and the applicant's representative and they were in agreement with the "B-I" District. Commissioner Richter stated that the applicant would not be able to have the sign as in the preliminary site plan. Mrs. Goode-Macon stated that was correct and the applicant was aware of it. Chairman Berlanga opened the public hearing. Planmng Commission Minutes July 28, 20~4 Case No. 07044)3 (Lou-Tex Medical Venture, LLC) Page 2 Josh Beach, 12903 Brant Rock Drive, Houston, Texas, came forward and stated that he represented Lou-Tex Medical Venture, LLC, and that the sign stipulation is fmc and "B-I" District is acceptable. Public hearing was closed. Motion was made by Richter and seconded by Mims to recommend denial of the "B-I" and in lieu of, approval of"B-l". Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY LOU-TEX MEDICAL VENTURE, LLC BY CHANGING THE ZONING MAP IN REFERENCE TO BASS SUBDIVISION, BLOCK 29, LOT O , FROM "R-lB" ONE~AMILY DWELLING DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENS~E PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION;AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Lou-Tex Medical Venture, LLC for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public headngs were held on Wednesday, July 28, 2004, dudng a meeting of the Planning Commission, and on Tuesday, August 31, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus ChdstJ, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Chdsti and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsfi, Texas, is amended by changing the zoning on Bass Subdivision, Block 29, Lot O, located on the north side of Saratoga Boulevard and 400 feet east of Aidine Road, from "R-lB" One- family Dwelling District to "B-I' Neighborhood Business District. (G16B) (43031/43032) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. H:~LEG-DIR~JOSEPFI~_ONINGA34~O704-O3ALTERNATIVE,DOC Page 2 of 3 SECTION 6. That publication shall be made in the official publication of the City of Corpus ChdstJ as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attadned, the City Counc# (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 31a day of August, 2004. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /'~ ud,., f Assistant City Attomey For City Attomey 2004 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~_EC~DIRUOSEPH~ZONINGi04\0704-03ALTERNATIVE.DOC Page 3 of 3 Corpus Christi, Texas day of ,2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry GarTett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEGq31R~JOSEPI-RZONINGA34~704~O3ALTERNATIVE.DOC 22 AGENDA MEMORANDUM PUBLIC H~ARING - ZONING (City Council Action Date: August 31, 2004) Case No.: 0704-04, Wayne Mevr: A change of zoning fi.om a "F-R" Farm-Rural District to a "RE" Residential Estate District. The property is 9.890 acres out of Flour bluff and Encinal Farm and Garden Tracts, Section 5 l, Lot 24B, located on the west side of Waldron Road and 600 feet south of Yorktown Boulevard. Ptannlnl~ Commission and Staff's Recommendation (07/28/04): Approval. Requested Council Action: Approval of the "RE" Dis~ct and adoption of the attached ordinance. Purl}ose of Request: For reduction of lot area for two proposed residential s~-uctures. Summary: · Applicant is requesting a change of zoning fi.om "F-R" Farm-Rural District to "RE" Residential Estate Disa-ict in order to reduce the lot area for two (2) proposed residential s~-octm'es. · The "F-R" Distafict requires a m~nimum lot area of five (5) acres, whereas the "RE" District allows for lot areas not less than one acre. The subject property consists of 9.43 acres. · Property north and across Yorktown Road is developed as Waldron Field. The subject property is not wittun the Waldron Field Accident Potential Zone (APZ) or Clear Zone (CZ). Immediately north is a legal non-conforming mobile home development zoned an "F-R" Dis~ct. · East of the subject property is the Waldron Field flight area designated as a Clear Zone and zoned with an "F-R" Disa-ict. Within the C/ear Zone no development has occurred. · South of the subject property is undeveloped "F-R" DisMct properties with scattered sites of low- density residential on large acreage. To the west are largely undeveloped lands with a legal non- confonmng mobile home site and commercial stable wit)un a "T-lC" Dislrict. · Access for the subject property is provided along Waldron Road, a rural arterial. · The future land use map recommends agriculture/rural development that provides for low-density residential uses on large acreage. The requested "RE" District is consistent with the futura land use map. Al)t)llcant's Position: The applicant concurs with planning Commission and Staff s recommendation. Notification: Of the twelve notices mailed to the surrounding property owners, none were returned in favor or in opposition. The 20% rule is not invoked. This case Is considered noncontroversial. ~ment Sei~ces Agenda Memorandum August 31, 2004 Case No. 0704-1M (Wayne Meyr) Page 2 MNG/FGM/er Attachments: 1) Zordng Report 2) Planmng Commission Minutes 3) Ordinance H 5PLN-DIRXERMA\WORD~AGENDMEMX20(}4\0704-O4AGENDAM EMO.DOC CTTY COUNCTL ZONI'NG REPORT Case No.: 0704-04 Planning Commission Hearing Date: July 28, 2004 Applicant: Wayne Meyr Agent: Urban Engineering - Eugene C. Urban, Jr., P.E. Legal Description/Location: Being 9.890 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 24B, located on the west side of Waldron Road and 600 feet south of Yorktown Boulevard. From: "F-R" Farm-Rural District To: "RE" Residential Estates District Area: 9.43 acres Purpose of Request: Reduction of lot area for two proposed residentml slrucmres. Zoning Existing Land Use Future Land Use Site "F-R" Farm-Rural District Undeveloped land Agricultural/Rural North "F-R" Farm-Rural Dis~ct Mobile Homes Agriculture/Rural South "F-R" Farm-Rural District Undeveloped land and Agriculture/Rural low-density residential Undeveloped land, mobile homes and riding stable '~ East "R-lB" One-family Dwelling District and "T-1C' Manufactured Home Subdivision West "F-R" Farm-Rural District Undeveloped land and low-density residential Agriculture/Rural AgdculturefRural Area Development Plan: Flour Bluff- The future land use map recommends subject property remain in an agriculture/rural state that provides for residential housing on large acreage. The requested "RE" Dista-ict is consistent with the plan. Map No.: (F18C) (037027) Zoning Violations: None Zoning Report Case No. 0704-04 (Wayne Meyr) Page 2 Applicant is requesting a change of zoning from "F-R" Farm-Rural District to "RE" Residential Estate District in order to reduce the lot area for two (2) proposed residential structures. The "F-R" District requires a minimum lot area of five (5) acres, whereas the "RE" District allows for lot areas not less than one acre. The subject property consists of 9.43 acres. Property north and across Yorktown Road is developed as Waldron Field. The subject property is not within the Waldron Field Accident Potential Zone (APZ) or Clear Zone (CZ) Immediately north is a legal non-conforming mobile home development zoned an "F- R" District. East of the subject property is the Waldron Field flight area designated as a Clear Zone and z~ned w~th an "F-R" Dislrict. Within the Clear Zone no development has occurred. South of the subject property is undeveloped "F-R" District prol:~'ties with scattered sites of low-density residential on large acreage. To the west is largely undeveloped lands with a legal non-conforming mobile home site and commercial stable within a "T-lC" District. Access for the subject property is provided along Waldron Road, a rural arterial. The future land use map recommends aghculture/rural development that provides for Iow- density residential uses on large acreage. The requested "RE' District is consistent with the future land use map. Street Type Paved Section Volume (2001) Yorktown Boulevard Rural Arterial 100' ROW w/24'rural 3,620 a.dX. paved section Planned-120' ROW w/100' Bk to Bk paved section 60' ROW w/26' paved sec (95' R.O.W.w/60'Bk to Waldron Road Rural Arterial 2,670 a.d.t. A plat has been submitted as a companion to the rezoning request. Zomng Report Case No. 0704-04 (Wayne Meyr) Page 3 The subject property is not within the APZ or CZ flight areas. Approval of the "RE" Residential Estate District. Approval of the "RE" Residential Estate D~strict. Number of Notices Mailed - 12 Favor - 0 Opposition - 0 (As of August 18, 2004) Attachments: Zoning Map Waldron Field Clear Zone map H 5P LN -DIR~ERM A\WORD~ZON RP TS~2004 ~07044)4 CC REPORT DOC SUBJECT R-lB SEC SE( T-lC NORTH R-lB SE( SE~ R-lB T-lC St. ~L I-3 FPJSP/91.1~1 NORTH Planning cornnmssion Minutes July 28, 2004 0704-04 - Wayne Meyr REQUEST: Change of zoning from "F-R' Farm-Rural Dislrict to "RE" Residential Estate District, resultine in a chan~e of land use from a~xiculture to low-density residential Excerpts from Zoning Report Legal Descriptton/Location: Being 9. 890 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 24B, located on the west side of Waldron Road and 600feet south of Yorktown Boulevard. Purpose of Request: Reduction of lot area for two proposed residential structures. Area Development Plan- Flour Bluff- The future land use map recommends subject property remain in agriculture/rural state that provides for residential housing on large acreage. The requested "RE" District is cottxistent with the plan. Approval of the "RE" Residential Estate Distr~ct Ms. Goode-Macon prowded graphics of the subject property and the surrounding area. The zoning report and tape recording am on file. She stated that there were 12 notices mailed_ None were received in favor or opposition. comrmssioner Zamora asked for clarification of the map. It appeared that a portion of the clear zone was on the subject property. Ms. Bailey stated that land has already been purchased as a clear zone and is not a part of a lot any more. It triangulates off of the base of that lot. Chairman Berlanga opened the pubic hearing. Mr. Wayne Meyr, 7002 Dunsford, came forward and stated that he wanted to build a house to the let of the property and someone else could build a house on the other four and one half acres. He had no plans to sub-diwde other than that. He stated that there is an easement allowance on the right side of the propea'ty. Chairman Berlanga asked if staffhad a plat for this. Mrs. Mary Frances Teniente slated that a plat had been submitted. Mr. Gunning stated that the plat had not gone to the StaffPlat Review Committee but it is forth coming. The public hearing was closed. Motion was made by Zamora and seconded by Stone to recommend approval as submitted. Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WAYNE ME-YE BY CHANGING THE ZONING MAP IN REFERENCE TO 9.890 ACRES OUT OF FLOUR BLUFF AND ENClNAL FARM AND GARDEN TRACTS, SECTION 51, LOT 24B, FROM "F-R" FARM- RURAL DISTRICT TO "RE" RESIDENTIAL ESTATES DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its repods and recommendations concerning the application of Wayne Meyr for amendment to the City of Corpus Chdsti Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 28, 2004, during a meeting of the Planning Commission. and on Tuesday, August 31, 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi. during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CI'I'Y OF CORPUS CHRISTI, TEXAS: SECTION '1. That the Zoaing Ordinance of the City of Corpus Chdsti, Texas, is amended by changing the zoning on 9.890 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 51, Lot 24B, located on the west side of Waldron Road and 600 feet south of Yorktow~ Boulevard. from "F-R" Farm-Rural District to "RE" Residential Estate District. as show~ on the attached Exhibit. (F18C)(37027) SECTION 2. That the off. iai Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Chdsti, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~EG--DIR~IOSEPH~ZONING-O4~70404REG ULAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, ~he City Council (~) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 31~t day of August, 2004. A'I-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED /~ ~,~- Joseph H//~e~/4 '~ Assistant City Attorney For City Attorney 20O4 Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~.EG-DIRLIOSEPH~_ONIN~\070404REGULAR.OOC Page 3 ol~ 3 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 Char[er rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~_EC~DIR~OSEPI-I~.ONINGq~4~O70404REGULAR.DOC (36liB54-3101 STATE OF TEXAS COUNTY OF NUECES P.O. BOX 6355 · CORPUS c;~l,,~ ~EXAS REZ, O~ !ERIN(3 78466-6355 JOB NO. 33557.A4.00 DATED: JULY 9, 2004 FAX(361)8,5.4-6~01 FIELDNOTES for the re-zoning of a 9.890 ac~e[~tr-~, or land (not based on an on-the-ground survey) om of Lo~ 24-B, Seclion 5 l, Flour BlufFand El~m --arm and Gad'den Tracls, a map of which ia recorded in Volume 63, Page 58. Map Records ofNue,,,& r-,i~ C nD', Texas; said 9,890 acTe tract of land being inor¢ fully described by meres and bounds as BEGINrNING al point on the cenlerline of W~__t~o, .cad, from which point the west comer of Lei 2, Block I, Trail Blazer Addition, a map of v,'hich is re;~;d in Volume 46, Page 213. Map Recto'ds of Nuece~ CounD'., Texas bears North 61'27'53" Weal, a d?:~m of 30.00 feet; THENCE, North 61'27'53" West, al 30,00 feel F_~ .he we~ comer of said Lot 2. Block I, at 50.00 feat pass the south comet' of said Lei 24-R, ,secti~,~.~ 51, in all a total distance of 617. i5 fe~t to a point on the north boundary o£said Lot 2, Block I, for a cofr~,~' o' t'fis tract; THENCE. North 00'21'53" West, a distance e~l!8 0 feel Eo the weal boundary of said Lot :24-B, Section 51, for a corner of this tract; ~dar), of said Lot 24-B, Section 5 I, a distance La' BlulTand Encinal Farm and Garden ~p Records of Nucces County, Texas, same tract; ndary of said Lot 24-A, Section 51, same ~ce of 604.94 feel pass the east corner of said lid Lot 24-A, Section 51, in a total distance In Road, for the east comer oflhis tract; lC ofmid Waldron Road, same being the east · OF BEGINNING and containing 9.890 acres Flour BlufTand Encina] Farm and 58, Map Records of Nueces County, Texas. THENCE, North 28'34'2 r- Ea.q along the wr,~ibo}. of 590.42 feet to the west comer of Lot 24-A, Section ~[ Tracls, a map oFwhich ia recorded in Volume 37, Pag¢~, being the north corner o/'said Lot 24-B, Section 51 ancO" THENCE. South 61'3g'09" East, along the so ~ being the north boundary of said Lo[ 24-B, Section 5 I, LOt 24-B, Seclion 51, al 614.94 feet pass the south corr-~ of 654.95 feel to the centerline of the above menlioned ~cak ., THENCE. South 28'34 21'Weal, along the ce-~l~rl boundary oFthis Iract, a distance of 660.73 feet Io thc of land, Bearings based on the recorded plat of Lot 24 '~ Garden Tracts, a map of which is recorded in Volume 6~ Unless thia Field Note~ Description, including in ils original form, surveyor assumes no res seal and signalure, appears in its enlireD'. ilily for its accuracy. URBAN ENGINEERING DAN L. URBAN, R.P.L.S. License No. 47 l0 2725 SWANTNED D~ · CC moll@urbat TEXAS 78404 ¢~e o~¢L-oR 23 AGENDA MEMORANDUM PUBLIC HEARING -ZONING (City Council Action Date: August 31, 2004) Case No.: 0704-05, Martin Ortiz: A change of zoning from a "F-R" Farm-Rural District to a "R- lB" One-family Dwelling District. The property is 40.02 acres out of Flour bluff and Enctnal Farm and Garden Tracts, Section 20, Lots 17 and 18, located on the east side of Cimarron Boulevard and 180 feet south of Brockhampton Street. Planning Commission and StafF's Recommendation (07/28/04): Approval. Requested Council Action: Approval of the "R-lB" Dislrict and adoption of the attached ordinance. Purl)ose of Request: Summary: For the development of a 193-1ot single-family subdivision. Applicant requesting a change of zoning fi.om "F-R" Farm-Rural District to "R-1B" One-family Dwelling Dislrict on 40.02 acres for the development of a 193-1ot residential subdivision. · The property is undeveloped brush land vath a stable on site. The stable is planned for demolition upon ~mprovement to the area. · One and two-story single family residences with a square footage ranging between 1,800 to 2,100 are planned for the subdivision. · The proposed 193-1ot subdivision would generate 1,930 average vehicle trips along the primary access point, Cimarron Boulevard. · Cimarron Boulevard ~s an arterial that is currently improved with a rural pavement section. The projected traffic generated by the proposed single-family subdiv/sion can be accommodated by this roadway. · The demand for water/wastewater sermce is projected at 48,250 gallons per day with a solid waste demand of 1,717.70 lbs. daily for the proposed residential subdivision. · The requested "R-lB" District is an expansion of the existing "R-lB" District to the north and west and is consistent with the adopted Southside future land use plan. A1)lfficant's Position: The applicant concurs with Planning Commission and Staff's recommendation. Notification: Of the forty-six notices mailed to the surrounding property owners, none were returned in favor and one (1) was returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. Assistant IYtrector of Development Services Agenda Memorandum August 31, 2004 Case No. 0704-05 (Martin Ortiz) Page 2 MNG/FGM/er Attachments: l) Zoning Report 2) PlannJng Corramssion Minutes 3) Ordinance H APLN-DIR~ERMA\WORD~AGENDMEM~004\0704-05 AGENDAMEMO.DOC CI'TY COUNCIL ZONI'NG REPORT Case No.: 0704-05 Planning Commission Hearing Date: July 28, 2004 Applicant: Martin Ortiz Owner: Paul M. and Marion J. Strunk Agent: Coym, Rehmet & Gutierrez - Victor M. Gutierrez, Jr. P.E. Legal Description/Location: Being 40.02 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 17 and 18, located on the east side of Cimarron Boulevard and 180 feet south of Brockhampton Street. From: "F-R" Farm-Rural District To: "R-lB" One-family Dwelling Dis~ict Area: 40 02 acres Purpose of Request: Development of a 193 lot single-family subdivision. Zoning Eristing Land Use Site "F-R" Farm-Rural D~slnct Agriculture North "R-lB" One-family Dwelling Low-density residentml District and park South "F-R" Farm-Rural District Agriculture East "F-R" Farm-Rural Dislrict Agriculture West "R-lB" One-family Dwelling Low-density residential District and church Future Land Use Low-density residential Low-density residential and park Low-density residential Low-density residential Low-density residential and public/semi public Area Development Plan: Southside - Thc future land use map recommends the subject site develop as Iow-density residential. The requested "R-lB" District is consistent with the adopted future land use plan. Map No.: (G16A) (GI6C) (42032) Zoning Violations: None Zoning Report Case No 071M~05 (Martin Ortiz) Page 2 Applicant requesting a change of zoning from "F-R" Farm-Rural District to "R-lB" One- family Dwelling District on 40.02 acres for the development of a 193-1ot residential subdivision. The property is undeveloped brush land with a stable on site. The stable is planned for demolition upon improvement to the area. One and two-story single family residences with a square footage mng/ng between 1,800 to 2,100 are planned for the subdivision. The proposed 193-1ot subdivision would generate 1,930 average vehicle trips along the primary access point, Cimarron Boulevard. Cimarron Boulevard is an arterial that is currently improved with a rural pavement section. The projected Iraffic generated by the proposed single-family subdivision can be accommodated by this roadway. The demand for water/wastewater set'ce is projected at 48,250 gallons per day with a solid waste demand of 1,717.70 lbs. daily for the proposed residential subdivision. The requested "R-lB" District is an expansion of the existing "R-lB" District to the north and west and is consistent with the adopted Southside future land use plan. Street Type Paved Section Volume (2001) Cimarron Boulevard Rural Arterial 80' R.O.W. w/24' rural 11,348 a.d.t. section Planned- 120' R.O.W. w/100' Bk. to Bk. paved section Platting will occur as a companion to the rezoning request. The requested "R-lB" Dislrict is consistent with the future land use plan and the adjacent zoning to the north and west. Zoniug Report Case No.0704-05 (Martin Ortiz) Page 3 Approval of the "R-lB" District. Approval of the "R- 1B" District. Number of Notices Mailed - 46 Favor - 0 Opposition - 1 (As of August 18, 2004) Attachment: Zoning Map H :W LN -DIRXERM A\WO RD~ZON RPTS~2004~ZONIN G REPORT07044)SCCREPORT. DOC 2O NORTH Planning ComnUssion Minutes July 28, 2004 0704-05 - Martin Ortiz REQUEST: Change of zoning from "F-R" Farm-Rural District to "R-lB" One-family Dwelling DisWict, resultine in a chanee of land use from a~riculture to low-density residential. Excerpts from Zoning Report Legal Description/Location: Bemg 40.02 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 17 and 18, located on the east side of Cimarron Boulevard and 180feet south of Brockhampton Street. Purpose of Request: Development ora 193 lot single-family subdiviston. Area Development Plan; Southside - The future land use map recommends the subject site develop as low-density residential. The requested "R-lB" Dtstrict is consistent with the adopted future land use plan. Staff Recommendation: Approval of the "R-lB" District Ms. Goode-Macon provided graphics of the subject property and the surrounding area. The zoning report and tape recording are on file. She stated that there were 46 notices mailed. None were received in favor or opposition. Commissioner Zamora asked if staff had seen the letter in opposition to the zoning request. Ms. Goo&- Macon stated that she had not. Commissioner Zamora stated that the letter addressed issues of traffic and stormwater drainage and asked for staff's response. Ms. Goode-Macon stated that when the plat is submitted, Special Services w/Il address those issues. Mrs. Mary Frances Teniente, Director of Special Services, stated that there were drainage issues in the area and they would be addressed in the platting process. Ms. Bailey stated that the planing report that the Commission asked for also went to City Council. As they look at bond issues, they can look at traffic and water issues. Commissioner Mirns stated concerns of adding additional traffic to the area when we don't know when Ciman-on will be upgraded. Mrs. Teniente stated that the section of Cirnarron between Saratoga and Yorktown is a potential candidate for the upcoming bond issue. The right of way is being addressed in terms of the alignment, as well as utility poles. It could be up to two years before this is completed. Mr. Gunning stated on August 11, the City is bringing the Bond 2004 project to the Comrmssion along with the four options for presentation and public comment. This will he the Planning Commission's opportunity to bhng these concerns forward. Mr. Gunning stated that Council decided they would have a series of tow'n hall meetings as well as meetings with boards and commissions that are involved in the development process. There w/Il be 17 meetings between now and August 17, 2004 for public input on the proposed recommendations. Council wnll decide on August 17 which projects they want to put into the 2004 Bond Program. The Commission saw the Bond presentation once, now you have a chance to see it again and make comments and recommendations. Planning comnmssion Minutes July 28, 2004 Case No. 0704-05 (Martin Ortiz) Page 2 Chairman Bcrlanga stated that if these streets were included in the bond package, it could be four years until the streets are burr. He asked if the Commission could deny plats based on what is perceived as inadequate infrastructure. Ms. Bailey stated that plats are not discretionary. Zoning is discretionary. If the infrastructure being provided within the subdivision is insufficient, it can be denied, but not based on areas that the city is required to upgrade. Chairman Berlanga asked Mrs. Teniente if In her opinion would Cimarron and Yorktown would be able to handle the additional traffic generated by these subdivisions for the next four years. Mrs. Teniente stated that the section of Cimarron has a change of alignrnent. It is one lane in each direction and does not have shoulders. Other units are being proposed. These plats will be cormng to the Commission in next few weeks and wall require additional infrastructure. Areas that have been vacant for a long time are beginning to fill in. The road can handle the traffic; the issue is more of the quality of travel. There will be congestion during peak hours. Not all approaches have left and right tums. Traffic will be able to move around, but the level of congestion will increase. Chairman Berlanga asked if staff would say the roads will be adequate in next four years. Ms. Bailey stated that there is a standard level of service measures and she would like to do the analysis. She would then come back and say what the current level of service is, A, B, C, D, E, or F. E and F are failing grades. Chairman Beflanga stated they may have to deny certain zoning cases based on inadequate infrastructure. The Commission could deny, approve or table these types of zoning cases. It is something the Commission needs to consider. Commissioner Pusley asked if the Commission was to approve the case, is it possible that it may platting process fall apart if the developer failed to address items stipulated by the City. Mrs. Teniente stated that developers are required to dedicate additional right-of way on Cimarron, contribute their portion of the consla-uction money for Cimarron, and extend streets within their site. They are not required to do improvements in terms of road infrastructure on Cirnarron Boulevard Commissioner Pnsley stated that the Commission can not continue to add to the problem. Mrs. Teniente stated that there is a traffic engineering consultant available through the Depa.Canent of Engmeering Services. Commissioner Pusley stated it may be best to table the case and allow staff to provide traffic information for the surrounding area. Comrmssioner Mims stated that as cornrmssioners they are to look at health, safety, and welfare. She would like staff to provide traffic and drainage information for the area. These are flood areas and must be addressed. She would like to consider tabling until answers are provided. Commissioner Amsler stated we were temporarily taking people's ability to use their property. Ms. Bailey stated that it is not a taking. She also stated that a developer could develop under the standards he has now, but to increase the intensity, if the infrastructure is not appropriate, she couldn't say it would be best approve ~t. The City needs to consider these infrastructure issues that need to be addressed which makes the 2004 bond issue and which roads get on it much more important. Planning Cormmssion Minutes July 28, 2004 Case No. 0704-05 (Martin Ortiz) Page 3 Commissioner Amsler stated that if there is no sanitary sewer, there needs to be upglades at the developers cost. It seems that these issues, not this particular case, should be taken to Council. Council could determine what parts of the City are lacking infrastructure and declare construction moratorium. This Commission could recommend that Council initiate that process. The City is on the verge of being overbuilt with new lots and houses. He stated that he can't image that there is enough job growth to support the development. He questioned attacking the problem from a traffic standpoint when there is much worse traffic in other areas. This doesn't compare with the txaffic on Everhart. It seems that if we do a moratorium, it should be general and regional. Voters should support a bond to address these things and not single out a developer. This is a big picture issue. It is fundamentally wrong to punish any single developer. Commissioner Salazar verified that the developer puts funds aside for a dedicated easement. In one respect the developer is assisting to resolve problem he is creating. Commissioner Salazar stated that there had been many other zoning cases that had s~milar issues and road sizes. He stated that he drives on Cimarron every day and does not see a Iraffic problem. This developer should be given the same consideration others are given. He stated that he will not support denying this case. Commissioner Zamora asked stafflf the bond presentation addressed the Cimarron area. Ms. Bailey stated that it addresses sweets but not specific ones. 75 million dollars is one of the proposals in the ama of streets; which streets are included is still being discussed. cornrmssioner Zamora asked if staffwill have a projection of what to do on Cimarron in the packet received for the August 11, 2004 meeting. He would like to see a general overview of what is going on to avoid a construction moratorium. He would also like to have information of what the quality of service would be in this area w~th the proposed bond election. Comamssioner Zamora stated that he would like to see this tabled untd further information is provided. Ms_ Bailey stated that the information can be provided. Commissioner Richter stated that this is a big problem that needs to be addressed. She did not think that picking this case as the straw that broke the camel's back is the right approach. If we were going to put a moratorium on something, the decision should he proofed by plat actav/ty reports to build a reason and case for doing the kind of infrastructure that is needed. Ms. Bailey stated that for the record, we are not discussing a moratorium. We are discus,sing a zoning change only. Commissioner Minas stated that she did not want this zoning case to be the one that broke the camels back and is not in favor of a moratorium. She stated that the type of information provided by staff is a strong indication of what she knows is being done around the Country to stop growth, and she is not in favor of that. We have to make Council aware that traffic and drainage are problems in this area. Chairman Berlanga stated that he did not want to do anything to this zoning case but did want to get Council's attention. This Commission has always been pro-growth. He did not agree that this was a taking and is not interested in a moratorium. He also stated that he doesn't want to see more subdivisions developed if the infrastructure is not in place. The City screams loud on everything, Council may not be hearing it. The Platting Report brings thing into focus and shows what is happening in the City. He asked if City Council had seen the Platting Report. planmng comrmssion Minutes July 28, 2004 Case No 0704-05 (Martin Ortiz) Page 4 Mr. Gunning stated that they had received it today Berlanga asked if they equally as shocked to see the level of plats going in. Mr. Gunning stated that they were and staffwill continue to provide these reports to keep Council informed just how fast the City is growing and it needs to tie it back to the infrastructure. Commissioner Berlanga stated that Council does not see the plats; they only see the zoning cases. He hopes they are ~ying to remedy the situations since seeing the Activity Report. Mr. Gunning stated that in the future the Plat Activity Report will go the Planning ComnUssion In'st, so that if necessary, any comments may be provided prior to being forwarded to City Council. Commissioner Sala?ar stated developers, investors, and business ovmers know how this Comrmssion has done things for the last six yea.rs. To change in midstream would be wrong. A criteria needs to be established for the entire City, so developers know what to expect. To do it on this case would be wrong, it-we stopped it, that area of dedicated road would fall back on the taxpayers and the City. If we wait until the roads are adequate, the City would be responsible for the entire cost of the street. Commissioner Pusley stated that other zoning cases have been denied based on similar issues. He asked staff if the road gets put in and a Developer comes in later if he is still responsible to dedicate a right-of-way. Mrs. Teniente stated that if the road is already improved, the developer may dedicate but does not contribute to maintenance. Commissioner Pusley asked, as a compromise, could we pass this case wrth a recommendation to Council with respect to drainage and t~affic issues so that they have the information. If we reiterate the facts, maybe it could help to send a message. Commissioner Richter asked if we were doing a comprehensive plan update and stated that we got approval for CDBG funds last year. Ms. Bailey stated that we were doing a Unified Development Code which is a rewrite of all the development regulations. Mr. Gunning stated that there are CDBG funds awarded for comprehensive planning on an ongoing basis. Commissioner Richter stated that we needed to find a way to help the Council to focus in on some of these problems and help them to better allocate resources. Ms. Bailey stated that we needed to develop a mapping mechanism to graphically show where developments are. This will help to make responsible decisions about where our infrastructuxe dollars go as a public entity. Planning comrm~sion Minutes July 28, 2004 Case No. 07044)5 (Martin On/z) Page 5 Commissioner Richter stated that we can decide on a particulax area to develop in, rather than continue to grow outwardly, while the inside is old and there is no money to make repairs. These are policy type decisions and the Commission could help Council to make a decision. Commissioner Richter asked if this Plat Activity Report was on the website. Ms. Bailey stated that it can be. Chairman Berlanga opened the public hearing. Victor Gutierrez, representative of the Mr. Ortiz, provided an exkibit to alleviate some of the concerns. He showed development area, Tuscany Village. He stated that properties on the west and east side, to the north, each dedicated 40 feet. There is presently 80 foot right-of-way. The new master tranapormtion plan now requires 95 feet. This development will be dedicating a 47.5 foot right-of-way, which will be on the plat He stated that a lot oftheso properties will contribute a charge in the from of an impact fee to be able to tie on to Master Channel 31. This ttact is part of the tributax'y area and it is a part of condition o£platting that the developer be required to pay that impact fee, which is approximately $35,000. There is a corridor fi.om the 40 acre tract of land, a right-of-way that w/Il be acquired, along with an additional ten acre tract of land that the developer has purchased for a connection to Master Channel 31. The drainage will be adequate. Engineenng will review the construction plans and they must meet all of the City's standards, with respect to water, wastewater, drainage, etc. The up-zoning is consistent with the Area Development Plan and this case should move forward. Any infrasa-ucture issues will be addressed by Engineering. Mrs. Betty Mallery, 6345 North Washam, came forward and stated that she was impressed with the concern of the City fi.om Commissioners. She stated that Cimarron is to busy, has too much mt-tic, and when it rains it floods. She is not against development, just more traffic and flooding. Commissioner Amsler slated that stormwater is probably the biggest city wide problem Developments like this redirect stormwater to Channel 31, which is piece of the big picture solution to the flooding issues. This development is not a contributor to flooding, but a partial solution. A motion was made by Salazar and seconded by Amsler to recommend approval. Commissioner Pusley stated that he would support the motions if add that staff will submit necessary information to Council with respect to drainage issues. Commissioner Salazar stated he would like motion to stand alone. Commissioner Amsler stated that his second will stand as well. The motion passed unanimously. The Chairman recognized the previous mentioned topic. Comrmssioner Pustey moved that staff submit whatever information is necessary for Council to make an informed decision with respect to drainage, Waffic, sanitary sewer, etc. Chairman Berlanga also asked what the impact would be on the capacity being included, as well as the level of service. Ms. Bailey stated that staff would prepare a letter for the Commissioners signature that expresses these concerns. Planning Commission Minutes July 28, 2004 Case No. 0704-05 (Martin Ortiz) Page 6 Mr. Gunning stated that we could prepare a letter for the Chairman's signature and get it to Council as soon as possible. Commissioner Mires stated they would like it in Council's packet for the August 17, 2004 meeting. A motion was made by Pusley and seconded by Amsler to include the letter in Council's packet. Motion passed unanimously. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARTIN OR'FIZ BY CHANGING THE ZONING MAP IN REFERENCE TO 40.02 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 20, LOTS 17 AND 18, FROM "F-R" FARM-RURAL DISTRICT TO "R-lB" ONE-FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the C~ Council its reports and recommendations conceming the application of Martin Ortiz for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public headngs were held on Wednesday, July 28, 2004, dudng a meeting of the Planning Commission, and on Tuesday, August 31, 2004, dudng a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, dudng which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is amended by changing the zoning on 40.02 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 17 and 18, located on the east side of Cimarron Boulevard and 180 feet south of Brockhampton Street, from "F-R" Farm-Rural Distdct to "R-lB" One-family Dwelling District, as shown on the attached Exhibit. (G16NC)(42032) SECTION 2. That the official Zoning Map of the City of Corpus Chdsti, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section I of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:~EG-DIRUOSEPH~_ONING-O4~)704-05REGULAR.DOC Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. That publication shall be made in the official publication of the City of Corpus Chdsti as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached, the Cib/Council (l) finds end declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 31sL day of August, 2004. A'I-FEST: THE CITY OF CORPUS CHRISTI An'nando Chapa City Secretary APPROVED ~,l.~/~ z-¢~ 2004 Assistant City Attomey For City Attorney Samuel L. Neal, Jr. Mayor, The City of Corpus Christi H:~LEG-DIR~JOSEPFI~_ONING-04\0704~05REGU LARDOC Page 3 of 3 Corpus Chdsti, 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 Charier rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Chdsti Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H:~LEG-DIR~JOSEPH~ZONING-O4~)704-05REGULAR.DOC STATE OF TEXAS § COUNTY OF NUECES § 40.02-ACRE TRACT FOR ZONING CHANGE ;~ ~0 02-acre tract of and being all of Lots FIELD NOTES to describe the boundary ~ a 17 and 18. Section 20, Flour Bluff and Enci~a~ Farm and Garden Tracts, a map of which is recorded in Volume a, Pages 41 through ;~,~, i Zap Records, Nueces County, said 40.02- acre 0'act being more particularly described.l~.~ ~etesl and bounds as follows; BEGINNENG at a point in the cemerline said Lot 17 and for the northwest corner of~s matron Road for the northwest corner of tact; C:tMY DC~'I]MENTg~,FIE]~ NOTES"O6~3c Tug-'any Village ~i~in0 changa.doc ~ , Job No. 9683c Page 1 of l COYM, REH/~4'ET & GUTIERREZ ENGINEERING, INC. P.5~5 TI~ENCE, S-6 I°-00'-00"-E, at 20' pass th,~ J'x ~s-.ing east right-of-way of Cimarron Road, in all a distance of 1320.72' to the northe..a~:-ner of sa~d Loll 8 for the northeast corner of this tract; TI~ENCE, S-28°-57'-30"-W, a distance o~!:~0.00' to the southeast corner of said Lot 1 g and the southeast comer of this tract; ( i / TI~ENCE, N-61°-00 -00 -W, al 1300.72 p~,,{said right-of-way line· in all a distanc,~ of 1320.72' to a point in said canterline for.~ t~outhwest corner of said Lot 17 and the southwest comer of this tract; / THENCE, N-2g°-57 -30 -E, along said e~ ine, a dis'ta~ce of 1320.00' to the POINT OF BEGINNING and containing 40.02 ac. :~,~ ~51and, more or less. This description is based upon irff'ormatio~ d record and does not represent a survey made upon the ground. FROM:CITY OF COt~°US aRIS ~leL:~]SE~ .! ., [ ]"ii;l:~ ?) ~. ~ -" T0:98~5239 P.4x5 \ CAMPBELL 31 130 24 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of the Fourth Quarterly Update on the City's Title II Transition Plan, under the Americans with Disabilities Act (ADA). STAFF PRESENTER(S): Name 1. Wanese Butler 2. 3. Title/Position Acting Director Department Human Relations OUTSIDE PRESENTER(S): Name Title/Position Or(lanization ISSUE: Under the City's Adopted ADA Title II Transition Plan, the City Council is to receive quarterly updates regarding the progress of transitioning areas of deficient access to barrier-free and accessible public City facilities, services, activities and programs. BACKGROUN D: Please see attached REQUIRED COUNCIL ACTION: None at this time. Additional Background XX Exhibits [] Acting Director of Human Relations BACKGROUNDINFORMATION City of Corpus Christi Transition Plan Amedcans with Disabilities Act (ADA) Title II - Public Entities The categories of accessibility and barrier removal under the City's Title II ADA transition plan are Public Facilities, Public Programs, Site Development, Outreach, Citywide Curb Ramps and Individual Curb Ramp Requests. The projects identified in the City's transition plan are to make improvements in areas of service to the public by providing accessibility for cross-disabilities. Funding of the transition plan's public facility improvements is through the City's FY 2003- 04 Community Block Grants Program (CDBG), while the public programming improvements and annual accessibility items are funded through the City's Annual Operating Budget. Progress in Fourth Quarter In the fourth quarter of FY 2003-04, accessibility efforts continued in the following areas: Public Facilities The improvements in the City's public facilities are being implemented through the City's Engineering Services Department_ The architect/engineering (A/E) consultant is Chuck Anastos Associates, Inc. The cont,"actor is :Timmerman Consl~'uctJon. The barder removal facility projects consist of 26 sites, with approximately 30 percent of the construction completed as of the July 2004 report. The estimated completion date is October 2004. II. Programs A. City Libraries Currently, some of the book aisles are too narrow for customers to maneuver while using mobility equipment such as wheelchairs and scooters. Therefore, accessible furnishings were ordered to assist customers with disabilities, who would have limited access to the materials offered in the public libraries. Accessibility improvements are underway for the customer service counters at the Northwest and Parkdale branch libraries. In addition, the automatic door devices at the Northwest Library doors have been replaced. Museum of Natural Science and History Final preparations are underway for an alternate format for people with visual impairments to participate at the Museum through an audio tour. The alternate format consists of an auxiliary device with pre-recording of the Museum's exhibits, including narTation. Ill. IV. VI. ADA Title II Transition Plan 4th Quarter Background Information - Page 2 Closed Captioning Services Closed captioning of the monthly Cityscape public information segments continues. This is an improvement measure to make these Cityscape communications accessible for viewers wil~ headng impairments. Regarding status on live closed captioning services, the RFP process closed and an agreement has been negotiated for this accessibility service for meetings held in the City Council Chambers. Staff is working with intemal and external technicians on the specialized equipment. Testing of the live closed captioning service should occur in September 2004_ Customer Service Areas This is an ongoing effort to provide accessible customer service. Staff continues to meet with City departments and divisions on customer service, requests for accommodations, policy and procedure issues for accessibility. The City is currently experiencing more customer requests for accommodations in the service of automatic trash pick up routes. Site Development Three City staff members have been scheduled to attend training on the State's accessibility standards through the Texas Department of Licensing and Regulations' full accessibility academy in Austin, Texas. We anticipate sending two additional employees through the filling of vacancies due to one retired building inspector and one retired compliance officer. Outreach This is an area for the promotion of accessibility awareness. In July 2004, City departmental ADA coordinators received professional accessibility training. The public, local municipalities and agencies were invited to the City's Annual Human Relations Conference on July 16, 2004. Special training sessions were held on ADA compliance for public entities and another on ADA compliance for pdvate entities and businesses. Classes of City employees continue to receive sensitivity and awareness training in serving customers with disabilities. Citywide Curb Ramps The curb ramp projects listed under the ADA transition plan remain as approved projects in the City's Capital Improvement Project Budget. Funding for implementation of the citywide curb ramp projects is contingent upon voter approval in the upcoming 2004 Bond Election. Individual Curb Ramp Requests The City had several individual curb ramp requests submitted prior to the final adoption of the transition plan. To address the more immediate curb ramp concerns by citizens with a demonstrated need, recommended funding for these individual curb ramp requests was through Community Development Block Grant (CDBG) funding. The projects are at vadous sites for individual requests, Mary Grett School Area, Memodal Hospital Area, Spohn Hospital Area, Tadton street between Pod and Ayers, and Poenisch and Ropes Park_ The contractor on these projects is Nuway Intemational Inc. ADA Title II Transition Plan Fourth Quarterly Update August 31, 2004 Public Facilities Public Programs Site Development Curb Ramps: Citywide and Individual Requests City of Corpus Christi 1 Accessibility Improvements in City Hall, Libraries, Health Clinics, StreetlSWS Departments, Recreation Center and Senior Centers. Progress in the 4th Quarter: 1. Pre-construction meeting held. 2. Project work at the Central Library, Fire Station #5, Street/SWS Building, Cole Park Amphitheater, Fire Station #12 and Oso Golf Course. City of Corpus Christi 2 3. Bids sought and reviewed for additional unforeseen work to address underground issues. 4. Ongoing A&E contract, project reviews and site visits. Per the July 2004 report, the construction phase is approximately 30% complete. City of Corpus Christi 3 Accessibility Improvements in Libraries, Museum, Closed Captioning and Customer Service Areas Progress in 4th Quarter: 1. Finalized contract for assistive technology, accessible equipment .an.d services. Actual audio production ~s ~n process. 2. Negotiated agreement for live closed captioning. Preparations for specialized equipment are underway. ,City of Corpus Christi 4 3. Video closed captioning continues on Cityscape segments. 4. Modifications to library customer service counters is underway. City of Corpus Christi 5 5. Accessible tables for recreation and senior centers purchased for customers with disabilities. 6. Additional assistive recreation equipment and games purchased for youth with disabilities. City of Corpus Christi 6 7. Increasing swimming pool entry at Collier Pool is in process. 8. Continuing to serve Solid Waste customers with reasonable accommodations on trash pick up service. City of Corpus Christi 7 Accessibility in Training on State of Texas Accessibility Standards through the TX Department of Licensing & Regulation Progress in 4th Quarter: 1 One staff member completed the iTDLR full accessibility academy. 2 Two staff members will attend in the next quarter. 3. Two additional staff will also attend upon filling vacancies (retirement). City of Corpus Christi 8 Outreach/awareness on ADA & accessibility issues Progress in 4th Quarter: 1. Training and resources provided to city ADA coordinators. 2. Training conference session held on ADA compliance for public entities. City of Corpus Christi 9 3. Conference session also held on ADA compliance for private entities and businesses. 4. Three sensitivity and awareness training sessions conducted this quarter, including PeopleFirst language. City of Corpus Christi 10 Accessibility Improvements For accessible path of travel in crossing streets at intersections 1. Citywide Curb Ramp Projects - These curb ramp projects, along arterial and collector streets, will be presented for voter consideration in the 2004 Bond Election. City of Corpus Christi 11 2. Individual Curb Ramp Requests Work through last quarter's Engineering Services contract is underway for $224,310 in curb ramps requested by citizens. City of Corpus Christi 12 For more information on accessibility contact: City's Human Relations Department www.cctexas.com (361) 880-3190 25 AGENDA MEMORANDUM DATE: August 31, 2004 AGENDA ITEM: Motion authorizing the City Manager or his designee to award a construction contract to Ramos Industries of Pasadena, Texas in the amount of $1,755,384 for the Water Main Improvements Elizabeth Street/19~h Street project. ISSUE: This project consists of improvements to the City's water main distribution system required to provide adequate pressure and redundancy in cdtical areas of the City. FUNDING: Funds to finance the proposed project are available through the FY 2003 - 2004 Water Capital Improvement Budget, with intedm financing provided through a resolution expressing official intent of the City of Corpus Chdsfi to reimburse costs with respect to the construction of improvements to the City's utility system. RECOMMENDATION: Staff recommends approval of the motion as presented. ["~--Eduardo Gara~a, P.E., Director of Water Services '~el R. Escobar, P. E., Oirector of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Project Budget Exhibit"C" Bid Tab Exhibit"D" Location Map BACKGROUNDINFORMATION SUBJECT: Water Main Improvements- Elizabeth S~reet/19ch Street (Project No. 8488) PRIOR COUNCIL ACTION: 1. November 11, 2003 - Motion authorizing the City Manager, or his designee, to execute a Consultant Contract with Martinez, Guy and Maybik, Inc. of Corpus Christi, Texas in the amount of $152,993 for the Water Main Improvements - ElizabeLh StreetY19u~ Street. 2. February 10, 2004 - Approval of the Fiscal Year 2003-04 Capital Improvement Budget for $173,624,300 (Ordinance No. 025647). PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No_ 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastawater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 5. March 28, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town)_ 6. April 11,2003 - Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 7. Apd117, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-O1 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 8. Apd125, 2003 - Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town). 9. Auclust 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to 42 engineering firms (28 local and 14 out-of-town). FUTURE COUNCIL ACTION: Nothing Anticipated Page I of 3 I BACKGKROUND INFORMATION: This project consists of necessary improvements to the City's water main distribution system to ensure the delivery of adequate water pressure and reliable service in critical areas of the City. The existing 10" water main located on Elizabeth Street serves Spohn Shoreline Hospital and the existing 8" water main located on 19~ Street serves Christus Spohn Memorial Hospital. These lines were originally installed over forty years ago and are reaching the end of their useful service life. The deterioration of these lines has caused numerous leaks in the within the service area and diminishes the integrity of the delivery system. PROJECT DESCRIPTION: The project consists of the following bid item components: Base Bid 'A' - Part 'A': Elizabeth Street from Alameda to Ocean Drive - involves the construction of 2,873 linear feet of new 16-inch PVC AWWA C905 water main including installation of ductile iron fittings, valves, new fire hydrants, service line connections and meter boxes, traffic control for phase construction, painted pavement markings, and storm water pollution prevention measures along with pavement reconstruction, in accordance with the plans, specifications and contract documents. Base Bid 'B' - Part 'B': 19th Street from Moman Avenue to Laredo - involves the construction of 3,393 linear feet of new 16-inch PVC AWWA C905 water main including installation of ductile iron fittings, valves, new fire hydrants, service line connections and meter boxes, traffic control for phase construction, painted pavement markings, and storm water pollution prevention measures along with pavement reconstruction, in accordance with the plans, specifications and contract documents. · Base Bid 'C'- Combined Parts 'A' and 'B' - Combines the scope of Base Bids 'A' and Base Bid 'B'. Additive Altemate Bid 'D' - Installation of reflectodzed raised pavement markers and thermoplastic pavement markings (instead of painted pavement markings) along Elizabeth Street from Alameda to Ocean Drive, in accordance with the plans, specifications and contract documents. This Additive Altemate Bid component shall be bid with its respective Base Bid 'A' component. Additive Altemate Bid 'E' - Installation of reflectodzad raised pavement markers and thermoplastic pavement markings (instead of painted pavement markings) along 19th Street from Morgan Avenue to Laredo, in accordance with the plans, specifications and contract documents. This Additive Altemate shall be bid with its respective Base Bid 'B' component. BID INFORMATION: This project consists of three base bids and two additive alternates. On August 18, 2004, the City received four (4) proposals for bids. Bidders were allow the option of bidding on Part A or Part B individually or could submit a bid package for Part C, consisting of Base Bid components A & B. The bid pdces ranged from: · BASE BID 'A' - PART 'A': $ 763,966.50 to $1,013,239.00 · BASE BID 'B' - PART 'B': $ 959,452.50 to $1,156,720.80 · BASE BID 'C' - PART 'C': $1,723,419.00 to $2,169,959.80 · BASE BID 'D' - PART 'D': $ 16,411.00 to $ 18,765.00 · BASE BID 'E' - PART 'E': $ 11,945.68 to $ 14,182.00 The Engineefs construction estimate is $1,644,941.00 City staff and the City's Engineering Consultant, Martinez, Guy & Maybik, recommend that based on Iow bid and past satisfactory experience with projects for the City, a construction contract be awarded to Ramos Industries of Pasadena, Texas in the amount of $1,755,384 for the Water Main Improvements at Elizabeth StreelJ19~ Street for Base Bid C and Additive Altemates D & E. PUBLIC INVOLVEMENT: A public meeting was held at Chdstus Memorial Hospital on July 21,2004 to discuss the project, route and schedule. The meeting was attended by members of the hospital, school, area churches, RTA, ambulance providers, and business owners in the immediate area along with affected home owners~ The consultant presented exhibits depicting the la~out of the waterline along with a detailed construction schedule for both Elizabeth and 19 Streets. The emphasis of the project schedule is to complete construction in the immediate area affecting both hospitals before December 16"~ and to avoid construction during the holidays. CONTRACT TERMS: The contract specifies that the project will be completed in 150 calendar days, with completion anticipated by February 2005. FUNDING: Funds for this project are available from the FY 2003 - 2004 Water Capital Improvement Budget with interim financing available through a Resolution expressing official intent of the City of Corpus Chdsti to reimburse costs with respect to the construction of improvements to the city's utility system. IEXHIBIT "A" ! Page 3 of 3 PROJECT BUDGET WATER MAIN IMPROVEMENTS @ ELIZABETH/19TH STREETS (Project No. 8488) August 31, 2004 FUNDS AVAILABLE: Water CIP Program ..................................................... $2,233,915.00 FUNDS REQUIRED: Construction (Ramos Industries) .................................... $1,755,384.00 Contingencies ............................................................ 175,538.00 Consultant (MGM) ....................................................... 152,993.00 Costruction Inspection ................................................ 70,000.00 Engineering Reimbursements ....................................... 50,000.00 Finance Reimbursements ............................................. 25,000.00 Misc. (Printing, Advertising, etc.) .................................... 5,000.00 Total ........................................................................ $2_7233,915.00 EXHIBIT B Page 1 of 1 TABULATION OF BIDS Page 1 of 8 DEPARTMENT OF ENGINEERING - CiTY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ricardo Mafflnez., PE DA'FE: Friday, August Z0, 2004 TiME OF COMPLETION: 1SO Days WATER MAtN IMPROVEMENTS ELIZABETH ST. 119TH STREET PROJECT NO. #8488 A1 A2 A3 A4 A5 A6 A7 A8 A9 Al0 All A12 A13 A14 A15 A16 A17 A18 A19 A20 A21 M o bilizat n/De mo bi[zal~/B onds Sawcut Exist. Asphalt Pavemt Prtme Coat (~0.15 gal/sy 8' Flexlbte Base Caliche lime for Stabilizing Flex Base 4" HMAC Pavement, Type D Mill & Reconstruct Asphalt Surf Seal Coat EnBre Street Pavmnt 121~3 Misc. Sb'est Repair Allowance Storm Water PP Measures Storm Water Uttllb/Allowance Wastewater UlJllty Allowance 16' PVC C905 DR 18 Pipe 12" PVC C900 DR 18 Pipe 8" PVC C900 DR 18 Pipe 6' PVC C900 DR 18 Pipe 16-x 16- Cross 16'x8" Tee 16'x6" Tee 16"x12" Tee 8"x6' Reducer RAMOS INDUSTRIES INC, AMOUNT BIG STATE EXCAVATION INC, UNIT PRICE 1 LS 90,000.00 90,000.00 115,000.00 7158 LF 1.00 7,158.00 0.50 277 GAL 6.00 1,662.00 1852 SY 10.00 18,520.00 13.00 13.3 TON 115.00 1,529.50 70.00 1852 SY 15.00 27,780.00 24.00 142 SY 15.00 2,130.00 25.00 SY 3.00 36,489.00 3.00 I LS 20,000.00 20,000.00 20,000.00 1 LS 6,000.00 6,000.00 3,0~0.00 I LS 20,000.00 20,000.00 20,000.00 1 LS 20,000.00 20,000.00 20,000.00 2873 LF 69.00 198,237,00 96.00 15 LJ= 70.00 1,050.00 86.00 51 LF 65.00 3,315.00 75.00 155 LF 33.00 5,115.00 69.00 I EA 2,100.00 2,100.00 2,200,0~ 12 EA 1,100.00 13,200,00 1,300.00 4 EA 1,100.~0 4,400.00 1 1 EA 1,300,00 1,300,00 1,500,00 4. EA 400.00 1,600,00 170.00 ENGINEER'S ESTIMATE: $t,644,~41 AMOUNT JALCO INC. UNIT AMOUNT PRICE JHABORES CONSTRUCTION COMPANY, INC. UNIT AMOUNT PRICE 115,000.00 40,000.00 40,000.00 NO BID NO BID 3,579.00 1.00 7,158.00 NO BID NO BID 1,108.00 3.00 831.00 NO BID NO BID 24,076.00 8.00 14,816.00 NO BID NO BID 931.00 90,00 1,197.00 NO BID NO BID 44,448.00 14.00 25,928.00 NO BID NO BI[:) 3,550.00 40.00 5,680.00 NO BID NO BID 36,489.00 2.50 30,407.5~ NO RID NO BID 20,000.00 20,000.00 20,000.00 NO BID NO BID 3,000,00 4,000.00 4,000.00 NO BID NO BID 20,000.00 20,000.00 20,000.00 NO BID NO BID 20,000.00 20,000.130 20,000.00 NO BID NO BID, 275,808.00 140.00 402,220.00 NO BID NO BID 1,290.00 300.00 4,500.00 NO BID NO BID 3,825.00 240,00 12,240.00 NO BID NO BID 10,695.00 80.00 12,400.0~ NO BID NO BIO 2,200.00 1,900.00 1,900.00 NO BID NO BID' 15,600.00 1,000.00 12,000.00 NO BID NO BID 5,200.00 g70.00 3,880.00 NO BID NO BID 1,500.00 1,200.00 1,200.00 NO BID NO BID. 680.00 180.00 720.00 NO BID NO BID TABULATION OF BiDs Page 2 of 8 BEPARTMEIdT OF ENGINEEPJNG - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Rice,do Melt~nez, PE DATE: Friday, Au~uat 20, 2004 T~E OF COMPLETION: 1~00ays '~/ATER MAJN IMPROVEMENTS ]ELIZABETH ST. 119TH STREET PRO- C RAMOS IN OU~I'RF.~ INC. UN~ AMOUNT PRICE BIG STATE EXCAVATION INC. UI~'I' AMOUNT PRICE ENGINEER'S E$1'I, MATE: $1,a44,941.00 JALCO INC. UNIT A.MOUNT PRICE JHABORE$ CONSTRUCTION COMPANY, INC. PART 'A' - ELIZABETH ST. FROM ALAMEDA TO OCt..AN DRIVE A22 16' Gate Valve w/Box 11 EA 4,500,00 49,500.OG 6,500.00 71,500.00 4,400.00 4~,400.00 NO BID NO BID A2.3 t2' Gate Valve w/Box 2 EA 1 ,.500,00 3,000,OG 1,600.OG 3~.00,00 1,500.00 3,000.00 NO BID NO BID A.24 8' Gate VaNe w/Box 15 EA 900.00 13,50000 850.OG 12,750.00 850.00 12,750.OG NO BID NO BIO A25 16'x45 degree bend, BI, 1 § E.A 900,00 16,200,00 980.00 '17,640.00 8(3~.00 14~,40~.00 NO BID NO BID A2~ 1~'x22.5 degree bend, DI 4 EA 1,000.00 4,000.00 1,050.OG 4r2.00.00 770,00 3,080,OG NO BID NO BIO A27 16"xll .25 degree bend, Ol 6 EA 1,000,00 6,000.00 1,075.00 6,450,00 770,00 4,820.00 NO BIO NO BID A28 12'x45 degree bend, DI 2 F_A 600.00 1,200.00 5(}0.00 1,000.00 3~0.00 720,00 NO BID NO BIO A29 B"xg0 degree bend, DI 5 EA 40<3.00 2,000.00 250.00 1,250,00 220,00 1,100.00 NO BID NO BID A~O B'x45 degree bend, DJ 10 EA 400.00 ¢,000,00 '250,~0 2,500.00 200,00 2,0<30.00 NO BID NO BID A31 8'x22.5 degree bend, DI 2 EA 400.00 80000 250,00 500.00 200.00 400.00 NO BIO NO BID A32 8"x11~.5 degree bend, DI 2 EA 400.00 B00.00 250.00 500.00 200,00 400.00 NO BID NO BID A33 6"x45 d~,gt'ea bend, DI 8 EA 300,00 2,400.00 150.00 1,200.00 170,00 1,360,00 NO BIO NOB~O A34 16-x16' Tapping Sleeve & Valv I EA 4,500.00 4,500.00 19,000.00 19,000.00 7,500,00 7,500.00 NO BID NO BID A35 12'x'L2* Tapping Sleeve & VaJV I EA 3,000,00 3,000.00 8,000.00 8,000.00 5,000,00 5,000,00 NO BID NO BID A36 8"x6- Tal:~ng Sleeve & Valve 4 EA 2,000,00 8,000,00 5,400,00 21,800.00 3,7OG,00 14,800.00 NOBID NO BID A37 Fire Hydrant Assembly 4 EA 2,500,00 10,000,00 4,(XX).00 18,000.00 3,800.00 15,200.00 NO BID NO BIO A38 8' Wet Connection 2 EA 5~0.00 1,000.00 3,500.00 7,000.00 1 ,,500.00 3,000.00 NO BiD NO BiO, A39 6- Wet Co~nectJon 4 EA 500.00 2,000.00 3,400.00 13,600,00 1,200,00 4,800,0~ NO BIO NO BID, A40 2¢" Steel Casing 84 LF 90.00 7,560.00 275,00 23,100.00 480,00 40,320.00 NO BID NO BID A41 3/4"Water Meterw/Box 16 EA 450,00 7,200.00 120.00 1,920.00 140.00 2,240.00 NO BID NO BID A42 1' Water Meter w/Box 1 EA 1,000.00 1,000.00 130.00 130.00 210.00 210,00 NO BIO NO BID A43 1 1F2' Water Meter w/Box 1 EA BOG.00 800.00 250.00 ZS0.00 5OG,00 500.00 NO BID NO TABULATION OF BIDS Page 3 of 8 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ricardo Martk~z, PE OAI~.: Friday, August 20, 20~4 TIME OF COMPLETION: 15~ I~ys WA(ER MAIN IMPROVEMENTS ~.JZA~L='T~ ~T. 1 19TH STREET DESCRIPTION QTY, NIT~ UNJT PRICE RAMOS INDUSTRIES INC. BIG ~TATE EXCAVATION [NC, AMOUNT UNIT PRICE AMOUNT ENGINEER'S ES'flMATE: Sl,644,941,00 UNIT AMOUNT PRICE ~PART 'A' - EMZABETH ST. FROM JM.AMEDA TO OCEAN DRIVE AaA 3' Water Meter w/Box 2 EA 2,?00.00 5,400.00 2,200.00 4,400.00 12,000,00 24,000,00 A45 ~/4" Service Une ConneCtion 16 EA, 1,200,00 19,200.00 1,300,00 20,800,00 8~0,00 10,400.00 A46 1' Sewice Line Ce~nec'~on 1 EA 1 ,~00.00 1 jU30.00 1,500.00 1,500,00 1,000.00 1,000,00 A47 1 1/'2' Service Line ConnecUon 1 E.A 1,800,00 1,500,00 1,750,00 1,750,00 1,100.00 1,100.00 A48 3" Service Une Connect]on 2 EA 2,400,00 4,800.00 2,400.00 4,800.0~ 2,(:~0.00 4,00~.00 A4i) Grout Fill 8" Ln to be Abandon 2020 LF 10.00 20,200.00 3,00 6,060.00 4.00 8,080.00 A50 UG Boring for Wlr Ln Installaflo 156 LF 115.00 17,940,00 150,00 23,400,00 330.00 51,480.00 A51 Trench Prot~-'fion Sy~em 3574 LF 1.00 3,574,00 1.00 3,574.00 0.50 1,787,00 A52 Remove 8" AC Pipe 140 LF 35.00 4,900.00 50.00 7,000.00 50,00 7,000,00 A53 Remove 8" to 10' CI Pipe 50 LF 25,00 1,250.00 40.00 2,000,00 15,00 750.00 A,54 Water Ufl~ty Allowance 1 L.~ 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 A55 Traffic Cont]'ol I LS 25,000.00 25,000,00 35,000.00 35,000.00 40,000,00 40,00~.00 A56 DBL4'SoJIdYelIowCL 1583 S,= 1.00 t,583,00 1.00 1,583,00 1.50 2,374.50 .;~57 White Crosswalk Marldtlgs 2584 SF 1.00 2,584.00 4,00 10,:336.00 3,50 9,044,00 A58 24' Solid White Stop Bar 490 SF 5,00 2,450,00 5,00 2,450.00 4,00 1,960.00 A59 4' White Lane LJne, Palllted 93 SF 5.00 465.00 2.00 186.0~ 2,00 1~,00 A60 Abbrevlated4"DbiYellowCL 175 SF 5,00 87500 20.00 3,500.00 16,00 2,800.00 A61 AVoreviated 4" Whtte Lane Une 25 SF 20,00 500.0~ 20.00 500,00 16,00 400,00 JHA~ORES CONSTRUC'I1ON COMPANy, INC, UNIT AMOUNT PRICE NO BID NO NO BID NO BlOt NO BID NO BID: NO BID NO BID NO BIO NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID, NO BID NO BID NO BID NO BID NO BID NO BID NO BID NO BID SUBTOTAL PART 'A' BASE BID(ITEMSA1-A81) 763,966.50 991,106.00 1,013,239.00 NOBIO TABULATION OF ~IDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Page 4. of 6 TABULATED BY: RJcardo Maltinez, PE DA'rE: Friday, August ;Lq), 2004 TIMEOF COMPLETION: 1~0 Days WATER MAiN IMPROVEMENTS ~:t waiF. TH SI'. I 1STH STREET PROJECT NO. ~ PART 'B' - 'tSTH STREET FROM MORGAN TO LAREDO RAMOS INDU~I'RIES INC. BIG STATE EXCAVATION INC. UNIT PRICE AMOUNT ENGINEER'S ESTIMATE: $1,644,941.00 JALCO I Jt-IABORES I~ INC. CONETRUCTION } CO~P~IY, INC. UNIT PRICE B1 MobilizatnJDemo~lzalru13onds 1 LS 95,000.00 95,000.00 120,000.00 120,000.00 50,000.00 B2 Sawcut E~ist, Asphalt Pavemt 10198 LF 1,00 10,198,00 0,50 5,099.00 1,00 B3 Phme Coated ~0,159al/sy 373 GAL 8.00 2,238.00 4,00 1,492.00 3.00 B4 8' Flex. Base Caliche Lime Stat 2483 SY 10.00 24,830,00 13.00 32,279.00 8.00 B5 IJrne for Stabilizing Flexible Be.' 17,9 TON 135.00 2,416,50 70.00 1,253,00 90,00 B6 5' HMAC Pavement, Type 'D' 2483 SY 15.00 37,245.00 24,00 59,5~2.00 14,00 B7 Mttl & Reconstruct Asphalt Surf 5 SY 300.00 1,50<3,00 25,00 125,00 40.00 Be, Seal Coat Entire Street Pavemr 14201 SY 3,00 42,603,00 3.00 42,603,00 2.50 B9 Misc. Street RePmr AIIowaf'me 1 LS 20,000.00 20,000,00 20,00000 20,000,00 B10 Storm Water PP Measures I LS 15,0~:).00 t5,000,00 8,CX30.00 8,000.00 5,000.00 B11 Storm Water UUllty Allowance 1 LS 20,000.00 20,000.00 20,000.00 20,000,00 20,000,00 B12 Remove Exist, 6' San Sw~ 18 LF 50.00 900.00 140.00 2,520.00 120.00 813 Wastewate~'UtltityAIIowance 1 LS 20,000.00 20,000.00 20,000.00 20,000,00 20,000,00 B14 16' PVC CS05 DR18 Pipe 3393 LF ~.00 234,117,00 97,00 329,121,00 140,00 B15 10' PVC C900 DR 18 64 LF 60.00 3,840.00 82.00 5,248.00 300,00 816 8' PVC CgOO DR18 30 LF 50.00 1,500.00 75.00 2,250.00 300.00 B17 6' PVC CSOO DR18 335 LF 30.00 10,050,00 69.00 23,115.00 80.00 B18 16"x10,Tee, DI 2 EA, 1,400.00 2,800.00 1,500.00 3,000,00 1,100.00 B19 16"X8" Tee, DI 10 EA 1,200,00 12,00<3.00 1,300,0~ 13,000.00 1,000,00 B20 16"x6"Tee, Dt 6 EA 1.200.00 7,200.00 1,200.00 7,200,00 970.00 B21 B'xS' Tee, DI I 3 EA 500.00 1,500.00 ¢00,00 1,200.00 822 16" GateVaNe w/Box I 12 EA 4,500.00 54,000.00 6,50000 78,000.00 4,40(L00~ AMOUNT UN/T AMOUNT PRICE 50,000,00 84,000.00 64,000.00 10,198.00 5,00 50,990.00 1,119.00 2,75 1,02~.75 19,864,00 13.04 32,378,32 1,611.00 162.71 2,912.51 34,762.00 23.93 59,418.19 2OO.(X) 340.97 1,704.85 35,502.5,0 2.39 33,940.3S' 5,000.00 8,750.00 B,750.00 2,160.00 30.00 540.00 475,020.00 69.75:23~,6~1.75 19;200.00 70.71 4,525,44 9,000.0<3 65.94 1,978.20 26,800.00 60.53 20,277.55 2,200.00 1,450.00 2,900.00 10,000.00 1,320.00 13,200.00 5,820,00 1,330.00 7,980.00 900.00 544.00 1,632.00 52,800.00 4,484.00 53,808.00 TABULATION OF BIDS Page 5 of 8 ~ DEPARTMEI'~ OF ENGINEERtNG- CITY OF CORPUS CHRISTI. 'I'E.XAS TAJ~t. ILATED BY: Ricardo Martinez, PE DATE: Friday, August 20, 2004 TIME OF COMPLETION: 150 Days · WATER MAIN IMPROVEMENTS ! ELIZABETH ST. I 19TH STREET =,PROJECT NO. ~ ri'EM ~ DESCRIPTION RAMOS IflDUSTRJE$ INC. QTY, ~NrI'E UNIT PRICE [PART 'B' - 19TH STREET FROM MORGAN TO LA,REDO AMOUNT I~G STATE EXCAVATION INC, UNIT PRICE ENGINEER'S ESTIMATE: $1,644,941.~0 J/U, CO JHABORES INC, CONSTRUCTION COMPANY, lNG, AMOUNT UNIT PRICE AMOUNT UNIT AMOUNT PRICE B23 10" Gate Valve w/Boz 2 EA 1,300.00 2,600.00 1,300,00 2,600.00 1,200.00 2,400.00 1,500.0~3 3,000.00 B24 8' Gate Valve w/Box 12 EA 870.00 10,440.00 900.00 10,800.00 850~00 10,200.00 1,043.0~ 12.516,00 B25 6' Gate Valve w/Box 5 EA 62500 3,125.00 600.00 3,000.00 600,00 3,000.00 795,00 3.975.00 ~ 16-'x45 degree bend, DI 33 EA 970.00 32,010.00 1,0GO.00 33,000.00 800,00 26,400.00 1,103.00 3~,399,00 B27 16"'x22.5 degree bend, DI 4 EA 970.00 3~880,00 1,000.00 4,000.00 770.00 3,080.00 1,103.00 4,412,00 B28 16"x11.25 degree bend, DI 1 EA 1,000.00 1,000.00 1,100.00 1,100,00 770,00 770.00 1,127.00 1,127,00 B29 8"x45 degree bend, DI 18 EA 350.00 6,300.00 250.00 4,500.00 200,00 3,600.00 448.00 8,064,0~ 830 6"x45 dellree bend, DI 18 E.A 300.00 5,400.00 100.00 1,800.00 170,00 3,060.00 392.00 7,056.00 B31 10"x10' Tapping Sleeve & VaN' I EA 2,700.00 2,700.00 6,100.00 6,100.00 4,400.00 4,400.00 4,500.00 4,500.00 B32 8'~8' Tapping Sleeve & Valve 1 EA 2,500.00 2,500.00 5,000,00 5,000.00 3,700.00 3,700.00 3,100.00 3,100,00 B33 6%6' Tapping Sleeve & Valve 4 EA 1,600.00 6,40~,00 4,400.00 17,600.00 3,100.00 12,400~00 2,290.00 9,180.00 B34 8'~6' Reducer 5 EA 400.00 2,000.00 140.00 700.00 180.00 900.00 420.00 2,100,00 B35 lO" Wet Connection 1 EA 1,100.00 1,100.00 2,200.00 2,200.00 2,200.00 2,200.00 2,800,00 536 6' Wet Connection 3 FcA 1,000.00 3,013(3.00 2,0~3.00 6,000.00 1,500.00 4,500.00 2,750.00 8~50.00-' B37 6- Wet Connection § EA 800.00 4,800.00 1,900.00 11,400.00 1,200.00 7,200.00 1,850.00 11,100.00 B38 Fire HydrantAssembly 8 EA 2~00.00 17,600.00 4,000.00 32,000.00 3,800.00 30,400.00 2,980.00 23,840.00 B3g ~/4' Water Meter w/Box ~8 EA 550.00 26,400.00 120.00 5,760.00 14.0.00 6,720.0(1 200.00 9,600.00 B40 1" Water Meter w/Box 5 EA 600.00 3,000.00 120.00 600.00 210,00 1,050,00 220.00 1,100.00 B41 1 1/2" Water Meter w/Box I E..A 900.00 900.00 250,00 250,00 500.00 500.00 250,00 250.00 B42 3/4' Service Line Connection 48 EA 1,220.00 ,58,560.00 1,200.00 57,600,00 650.00 31,200.00 900.130 B43 1" Service IJne Conneciion 5 E..A 1,130.00 5,650.00 1,300.00 6,500.00 1,000.00 5,000.00 1,0~0.00 B44 1 lr2- Service line Connection 1 EA 1,700.00 1,700.00 2,300.00 2,300.00 1,100.00 1,100.00 1,200.00 1,200.00 TABULATION OF BIDS Page 6 of 8 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Ricardo Martinez, PE DATE: Friday, August 20, 2064 TIME OF COMP[ETlON: 1~00ays wATER I~dN IMPROVEMENTS Et.17../~ETH ST. 1 1~1'H STREET PROJECT NO. ;~8488 iPART 'B' - lgTH STREET FROM MORGAN TO Bt6 B49 BSO 651 B52 B53 B54 655 B56 B57 B58 UG Boring for Wb' Ln Install. Grout Fill 10' L~ne Grout Fill 8" Line Trench Protection System Remove 8" to 10" CI Pipe W~ter Utility Allowance Traffic Co~'ol DSt 4' Solid Yellow CL White C,~walk Marldngs 24' So~l White Stop Bar 8" Solid White Lane Line While Mafidng (Word), Painted White Marking (Arrow), Painted Abbrevlatad 4' DM Yellow CL RAHOS I I~G STATE INDUSTRIES EXCAVATION INC. INC. ENGINEER'S ESTIMATE: $1,644,941.00 UNIT PRJCE JALCO INC, AMOUNT UNIT I AMOUNT PRICE JHABORES CONSTRUCTION COMPANY, INC. UNIT I AMOUNT PRK~ uNIT AMOUNT PRICE LAREDO 200 LF 115.00 23,000,00 140.00 28,000.00 400.00 80,000.00 30.00 6,000.00 3370 LF 12.00 40,440.00 4.00 13,480.00 4,50 15,165.00 8.00 26,960.00 50 LF 2000 1,000.00 3,00 150.00 4.00 200,00 8.00 400.00 4902 LF 1.00 4,902.00 1.00 4,907_00 0.50 2,451.00 0.75 3,676.50 190 LF 15.00 2,850.00 40.00 7,600.00 15.0~ 2,850.00 10.00 1,900.00 1 LS 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000,00 20,000.00 1 LS :~Q,0(X).00 30,000.00 $8,000.00 39,000,00 40,000,00 40,(X~.00 28,000.00 28,000.00 1936 SF 4.00 7,74~.00 2.00 3,872.00 1.50 2,804.00 1.79 3,465.44 1087 SF 5.00 5,435.00 4.00 4,348.00 3.50 3,804.50 3.89 4,228A3 400 SF 5.00 2,000.00 5,00 2,000,00 420 1,680.00 4.49 1,700.00 58 SF 6.00 354.00 3.00 177.00 2.20 129.60 2.39 141.01 1 EA 230.00 230.00 200.00 200.00 t70.00 170.00 179.46 179,46 55 SF 2'3.00 1,265.00 27.00 1,485.00 22.00 1,210.00 23.93 1,316.15 SUBTOTAL PART 'B' BASE BID (ITEMS B1 - BSa) 959,452.~) 1,156,720.80 1,135,421.00 978,674.22 ITOTAL BASE BID 'C' ( PART 'A' + PART 'B' ) 1,723,418,001 I 2,126,529-001 I Z,169~95~Ol I NO BID TABULATION OF BIDS Page ? o! 8 DEPARTMENT OF ENGINEERING -CITY OF CORPUS CHI~STI, TEXAS TABULATED BY: Rlcardo I~rtine~ PE DATE: Friday, August 20, 2004 TIME OF COMPLETION: 150 D~ys WATER IR/MN IMPROVEMENTS EUT. ABETH ST. 119TH STREET PROJECT NO. t[8488 ITEM ~ DE~C RIPTION RAMOS INDUSTRIES INC. IQ'rY. ~Nl'r~ UNIT PRICE ADDITIVE ALTERNATE 'D' - AD D(TION.N. TRAFFIC ITEMS EUZABETH ST. FROM ALAMEDA TO OCEAN DRIVE D1 Dbl 4" Solid Yellow CL, Thermo 1583 SF 02 White C¢o~valk Markings 2564 SF D3 24" Solid White Stop Bar 490 SF D4 4" Solidwhlte Lane line 93 SF D5 Type II A~A Raised Pavement 78 EA D6 Type I-C Raised Pvmnt Marken 18 EA AMOUNT BIG STATE EXCAVATION INC. ENGINEER'S Es'nMATE: $t,644,941.00 JALCO INC. UNIT AMOUNT PRICE I JHABOREs CONSTRUCTION COMPANY, INC. UNIT I AMOUNT PRI~E 4.00 6,332.00 3.00 4,749.00 2.50 3,957.50 NO BID NO BID~ 3.00 7.752,00 4.00 10.536.00 3,50 9,044,00 NO BID NO BID, 6.00 2,940,00 4.00 1,960.00 4.00 1,960,00 NO BID NO BID 6.00 558.00 4,00 372.O0 3,50 325.50 NO i~ID NO BID 12.00 g12,00 13.00 g68.00 11.00 836.00 NO BIO NO BID 12.00 216.00 20.00 360.00 1600 288.00 NO BID NO BID SUBTOTAL ADDITIVE ALTERNATE 'D' (ITEMS DI-D6) 18r710.00 18,765.00 16~411 NO ~ TABULATION OF BIDS Page 8 of 6 ' DEPARTMENT OF ENGINEERING - CrT'Y OF CORPUS CHRISTI, TEXAS TABULATED BY: RIcardo Martlnez, PE DATE: Friday, August 20, 2004 TIME OF COMPLETION: 150 Days WATER MAIN IMPROVEMENTS EUZABETH ST. 119TH STREET PROJECT NO. ~ ~ADDITIVE ALTERNATE 'E' - ADDITIONAL TRAFFIc FFEMS ~19TH STREET FROM MORGAN TO LARE~O RAMOS BIG STATE INDUSTRJES EXCAVATION INC, INC. AMOUNT UI~'I' AMOUNT PRICE ENGINEER'S ESTIMATE: $1,644,941,00 JALCO INC. UNIT AMOUNT PRICE JHABORES CONSTRUCTION COMPANy, INC, UNIT AMOUNT PRICE E1 Dbl 4" Solid Yellow CL Than'no 1936 SF 3.00 5,808.00 3.00 5,808.00 2.50 4,1~40.00 2.39 4,627.04 E2 White Crosswalk Markings 1087 SF 300 3,261.00 a,.O0 4,346.00 3,50 3,804.50 3.59 3,902.33. E3 24" Solid White Stop Bar 400 SF 6.00 2,400.00 5.00 2,000.00 4.00 1,600.00 4.19 1,676.00 E4 4" Solid White Lane I.Jne 59 SF 6.00 354.00 4.00 236,00 3,50 206.50 3.59 211.81 E5 White MarkJng 0/Vord), Therrno I EA 3DO.00 300.00 400~00 400,00 330.00 330,00 358.92 358.92. E5 Whl~.e Marking (An'ow), Thermo 1 EA 300.00 300.00 350~00 350,00 280.00 280.00 299.10 299.10 E7 Type II A-A Raised Pvmnt Mark 104 EA 8,00 832.00 10,00 1,040.00 11.{30 1,144.00 8.37 870,48 SuB'rOT/U. ADDITIVE ALTERNATE 17 (ITEMS El-ET) 13,2S5,00 14,182.00 1Z,2OS.O0 11,94S.68 ITOTAL BASE BID + ALTERNATES ] I J 1,795,384,001 I 2,159,476.001 I z,l ,STS. 01 I 99o,s19~ \ Mproject \ councilexhibits \ exh84~B, dwg NOT TO SCALE N PROJECT SI TE B U FO~ D~,._~-- HOSP 'AL PROJECT SITE I CORPUS BAY PROJECT No. 8488 VICINITY MAP NOT TO SCALE EXHIBIT "D" WA TER MAIN IMPROVEMENTS- ELIZABETH STREET/lgth STREET ClPfOF CORPUS CHRIST, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08/25/2004. 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 31, 2004 AGENDA ITEM: ITEM A: An ordinance prescribing the taxes to be levied, assessed, and collected by the City of Corpus Christi, Texas for tax year 2004 and for each succeeding year thereafter until otherwise provided and ordained and such otber years as the same may be applicable, and declaring an emergency. ITEM B: Motion approving the 2004 Tax Levy of $61,131,691 based on the adopted tax rate of $0_634175 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. ISSUE: The Texas Property Tax Code states that the governing body of the taxing unit should adopt a tax rate before the later of September 30 or the 60t~ day after the taxing unit receives the appraisal roll_ The rate will be comprised of two components: the rate needed to support the city's debt service and the rate needed to support the city's maintenance and operations expenditmes for FY 2004-2005. Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for approval. REQUIRED COUNCIL ACTION: Adoption of ad valorem tax rate by ordinance and a},tnoval of motion approving the 2004 tax levy as submitted. PREVIOUS COUNCIL ACTION: · Tuesday, July 27, 2004 - City Council adopted the City budget for FY 2004-2005 based on the proposed tax rate of $0.634175 per $100 valuation. · Tuesday, July 27, 2004- City Council voted to schedule August 31, 2004 for adoption of the ad valorem tax rate of $0.634175, and scheduled a public hearing on the proposed ad valorem tax revenue increase for August 17, 2004. · Tuesday, August 17, 2004 - City Council conducted a public hearing on the proposed ad valorem tax revenue increase. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council adopt the ad valorem tax rate of $0_634175 per $100 valuation for tax year 2004 to support maintenance and operation and debt service and approve the 2004 tax levy of $61,131,691, which is consistent with the amounts included in the adopted budget for FY 2004-2005, and declare an emergency. Cindy ~~'~ Director of Financial Services Attachments: Background information 2004 Property Tax Rates publication printed in the Caller-Times on August 8, 2004 "Current Ad Valorem Tax Collections FY2004-2005" - included in the 2004-05 adopted budget Copy of Draft Certification of Tax Levy For Tax Year 2004 BACKGROUND INFORMATION The Texas Property Tax Code establishes rules for adoption of the ad valorem tax rate and approval of the tax levy. Section 26.09(e) of the Code requires the assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current taxes to be collected for 2004- 2005, which is derived by applying the adopted tax rate to the certified appraisal roll. The proposed tax rate of $0.634175 per $100 valuation represents a 3.50% increase over the effective tax rate of $0.612729. The tax levy for 2004, based upon a tax rate of $0.634175 per $I00 valuation and a taxable value of $9,639,561,772 is as follows: Tax Levy $44,341,984 16,789,707 $61,131,691 Component Supporting the City's maintenance and operations Supporting the City's debt service Total Tax Levy This is an increase of $3,491,579 compared to the 2003 tax levy of $57,640,112. The tax levy allocated to the General Fund of $44,341,984, and to the Debt Service Fund of $16,789,707, is reduced by estimated delinquent collections and the City's portion of the estimated Reinvestment Zone levy to arrive at the adopted FY 2004-2005 current ad valorem tax budget of $42,327,620 and $16,027,229, respectively. The Nueces County Tax Office must mail tax bills by October 1, therefore, the City must submit the adopted tax rate by early September. In order to meet this deadline, the ordinance must be adopted in one reading by declaring an emergency. Publication l~rinted in the Caller-Times on August 8, 2004 CITY OF CORPUS CHRISTI CURRENT AD VALOREM TAX COLLECTIONS FY2004-2005 2003 Net Assessed Valuation Growth 7_73% 2004 Net Assessed Valuation History of Assessed Valuations Tax Year 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Certified Value Tax Rate, Levy & Split Levy Split 3.8% Delinquencies Reinvestment Zone No.1 Reinvestment Zone No.2 Total Net Values $ 6,129,965,069 5,993,403,579 6,027,203,588 6,230,638,245 6,464,727,958 6,745,559,944 6,965,898,936 7,226,045,864 7,462,585,204 7,652,057,403 8,029,325,055 8,426,656,727 8,947,896,398 9,639,561,772 $8,947,896,398 691,665,374 $9,639,561,772 % Change -2.23% 0.56% 3.38% 3.76% 4.34% 3_27% 3-73% 3.27% 2.54% 4.93% 4_95% 6_19% 7.73% General Fund Debt ServieeFund (Operat~n&Maint) On.rest& Sinking) Total $ 0.460000 $ 0.174175 $ 0.634175 $ 44,341,984 $ 16,789,707 $ 61,131,691 1,685,514 328,850 637,962 124,516 2,323,476 453,366 FY2004-2005Disa-ibutions $ 42,327,620 $ 16,027,229 $ 58,354,849 DRAFT CERTIFICATION OF TAX LEVY FOR Ti:rE TAX YEAR 2004 CITY OF CORPUS CHRISTI Total Appraised Value ~ 100% of Market Value Less: Partial Exemptions Ag-Use account value loss and abatements Total Net Appraised Value Assessment Ratio Total Taxable Value 2004 Adopted Tax Rate 2004 Ad Valorem Tax Levy $11,464,420,164 (1,824,858,392) $ 9,639,561,772 100% $ 9,639,561,772 .634175 / $100 $61,131,691 Submission of the Tax Levy for 2004 for approval by the City of Corpus Christi City Council in accordance with Section 26.09(e) of the Texas Property Tax Code. Ramiro 1L C, anales, RTA, CTA Nueces County Tax Assessor-Collector SWORN AND SUBSCRIBED TO before me at Corpus Christi, Texas this of ,2004. thday Notary Public, Slate of Texas THE STATE OF TEXAS COUNTY OF NUECES The Tax Levy is hereby approved by the City of Corpus Christi City Council on this day of A.D., 2004 ATrEST: Armando Chapa, City Secretary City of Corpus Christi Samuel L. Neal, Jr., Mayor City of Corpus Christi AN ORDINANCE PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR TAX YEAR 2004 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEAR AS THE SAME MAY BE APPLICABLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Council of he City of Corpus Christi does hereby levy and adopt the tax rate on $100 valuation for this city for tax year 2004 as follows: $.460000 for the purpose of maintenance and operation .174175 for payment of principal and interest on debt $.634175 Total Tax Rate SECTION 2: That there is hereby levied, to be assessed and collected in current money of the United States of Amedca, for the use of the Gib/of Corpus Chdsfi, Texas, for the year 2004 and for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $.460000 on each One Hundred Dollar value thereof, on all property, real, personal, and mixed, located within the said City of Corpus Chdsti, upon which a tax is authorized to be levied by law, and upon all franchises of all individuals, partners and corporations holding franchises in the City for defrayment of current expenses of the government, including but not limited to street improvement of said City. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. SECTION 3: That there is hereby levied, to be assessed and collected in current money of the United States of Amedca, for the use of the City of Corpus Christi, Texas for the year 2004 and for each succeeding year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $.174175 on each One Hundred Dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for, and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2004-2005 1987 General Obligations 1993 Certificates of Obligation 1995 Certificates of Obligation 1995 General Obligation 1995A General Obligation 1995B General Obligation 1996 Certificates of Obligation 2000 Cedificates of Obligation 2001 General Obligation 2001A General Obligation 2002 Certificates of Obligation 2003 General Obligation 2004 Certificates of Obligation Principal Interest & Fees Total $2,739,693 $8,140,307 $10,880,000 $100,000 $23,925 $123,925 $580,000 $265,219 $845,219 $1,305,000 $1,392,735 $2,697,735 $90,000 $36,035 $126,035 $450,000 $21,375 $471,375 $200,000 $66,350 $266,350 $545,000 $651,310 $1,196,310 $105,000 $567,000 $672,000 $160,000 $2,010,144 $2,170,144 $1,090,000 $1,400,844 $2,490,844 $2,905,000 $618,975 $3,723,975 $205,000 $1921456 $397,456 $10,474,693 $15,586,675 $2610611368 In addition to the ad valorem tax levy totaling $61,1 31,691, the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4: That all taxes for the year 2004 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1,2005, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of said Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5: If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6: 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 31st day of August 2004. A3-rEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: August 26, 2004 Samuel L. Neal, Jr. Mayor Lisa Aguilar ~ Assistant City Attorney for City Attorney 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 and emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: lANe, 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 Garrett Bill Kelly Rex A. Kinnision Jesse Noyola Mark Scott 27 CITY COUNCIL AGENDA MEMORANDUM AGENDAITEM: Date: August 31, 2004 Motion to amend the Ordinance amending Chapter 13, Code of Ordinances, by adding a new Article Ill relating to vacant buildings; providing for penalties; and providing for publication, which was adopted on First Reading on August 13, 2004, by revising Section 13-3009. Second Reading Ordinance - Amending Chapter 13, Code of Ordinances, by adding a new Article III relating to vacant buildings; providing for penalties. (First Reading 8/17/04) ISSUE: Vacant buildings are an attraction to vagrants, gang members, and criminals that pose 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. On May 25, 2004, the first reading was tabled to June 15, 2004. On June 15, 2004, the first reading was tabled to July 27, 2004. On July 27, 2004 the first reading was tabled to August 17, 2004. On August 17, 2004 the first reading was adopted, and the second reading is scheduled for August 31, 2004. REQUIRED COUNCIL ACTION: City Council action is required for the authorization and implementation of an ordinance, Article III Section 13. FUTURE COUNCIL ACTION: Approval and final adoption of the vacant building ordinance. FUNDING: No funding requirements. RECOMMENDATION: Staff recommends the approval and adoptJon of the vacant building '"----J~nathan Wagner, NSD Acting Director ADDITIONAL SUPPORT MATERIAL Background Information BACKGROUND INFORMATION The purpose of the proposed ordinance is to 1) determine the responsibilities of owners of vacant buildings, and 2) provide for administration, enforcement, and penalties. The first objective of this ordinance is to ensure compliance with written standards. As an alternative to enforcement through the filing of charges, the City will require a registration requesting basic information. This will allow the owner to present a plan and timetable for returning the building to an appropriate use or demolish the vacant building. The ordinance will require the owner to clean the vacant building 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 secure, the owner must install a fence around the building. I[ boarding, fencing, using electronic monitoring systems, or other methods fail to secure the building, the owner must have a watchman on duty at certain times 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 every six months. If a violation is found, this will allow the City, to serve the owner with verbal or written notice and an order to abate. If the owner fails to abate the violation within the period stated in the notice, the City may, without further notice, abate the violation, and make the owner 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 submit an appeal of any decision to the Administrator. 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. At present, no compliance mechanisms that specifically address commercial vacant buildings have been established. AN ORDINANCE AMENDING CHAPTER 13, CODE OF ORDINANCES, BY ADDING A NEW ARTICLE III RELATING TO VACANT BUILDINGS; 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. Chapter 13, Code of Ordinances, is amended by adding a new Article III to read as follows: "ARTICLE II1. VACANT BUILDINGS "Sec. 13-3001. Declaration of policy. "(a) The City Council finds and declares that: "(1) Buildings that are vacant and unsecured attract vagrants, gang members, and criminals as prime locations to conduct illegal criminal activities. "(2) Buildings that are vacant and unsecured are extremely vulnerable to being set on fire by unauthorized persons. "(3) Buildings that are vacant and unsecured are a blight and cause deterioration and instability in neighborhoods. "(4) Buildings that are vacant and unsecured pose serious threats to the public's health and safety. "(5) Abatement and rehabilitation of poody maintained vacant buildings is necessary. "(6) Vacant and unsecured buildings are declared to be public nuisances. "(b) The purpose of this Article is to protect the public health, safety, and welfare of the city. "(c) This Article: "(1) Determines the responsibilities of owners of vacant buildings. "(2) Provides for administration, enforcement, and penalties. Vacant Bldg Offl Rvd 2nd Reading.doc 2 "Sec. 13-3002. Definitions. "Unless otherwise expressly stated, the following words, ten'ns, and phrases, when used in this Article, have the meanings ascdbed to them in this section, unless the context of their usage clearly indicates a different meaning: "Administrator means the City's Zoning and Code Enforcement Administrator, or the Administrator's designees. "Boardwhen used as a verb means to cover an opening wffh lumber or panel of wood or other material. "Boarded building means a building on which any opening to the outside is covered with lumber or panels of wood or other material. The term does not include a building secured by normal measures. "Building means any structure or portion of a structure used or intended for supporting or sheltering any use or occupancy, and includes an enclosed building, open building, and partially open building as defined in §1609.2, City of Corpus Christi Building Cede. "Dangerous building means a building which is potentially hazardous to persons or property, including, but not limited to: "a. A building that is in danger of partial or complete collapse. "b. A building with any extedor parts that are loose or in danger of falling. "c. A building with 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 of record in the county where the real property is situated; anyone identified as the owner on a vacant building plan and timetable fon'n; the holder of an unrecorded contract for deed; a mortgagee or vendee in possession; a mortgagor or vendor in possession; and an assignee of rents, receiver, executor, trustee, lessee, or other person in possession or with the right to 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. A tenant who does not have the right of possession or control of a portion of the building that is unoccupied is not an owner for the purposes of this Article. "Properly maintained" means taking measures to: (1) Prevent the physical deterioration of the building. Va~:~t Bldg Oral Rvd 2nd Reading.doc 3 (2) Prevent a decline in the appearance of the building. (3) Keep a building in a clean, safe, secure, and sanitary condition. (4) Prevent the building from becoming an attractive nuisance. "Properly maintenance ordinance includes, but is not limited to, the following Code of Ordinances provisions: (1) Article II, Chapter 13. {Building & Housing Standards Code} (2) Articles II, VI, VII, VIII, and IX, Chapter 14. {Technical Construction Codes, Excavations, Regulation of Fill Materials, Control of Aeolian Soils, and Control of Solid Waste at Construction Sites} (3) Article I, Chapter 18. {Fire Prevention Code} (4) Articles II, V, and VII, Chapter 21. {Collection Services, Business or Commercial Establishments, and Control of Refuse} (5) Article III, Chapter 23. {Unhealthful & Dangerous Conditions} (6) Article VI, Chapter 33_ {Graffib' controO (7) Division 1, Article I, Chapter 49. {Relates to maintenance and duties related to streets, sidewalks, and street rights-of-way} (8) Articles X'VI and XVII, Chapter 55. {Prohibition on Pollution of the Municipal Separate Sewer System (MS4) and Maintenance and Operation of Grease Interceptors and Oil/Sand Interceptors} "Secure means to take measures to ensure that the interior of the building cannot be accessed by: (1) Unauthorized persons without the use of tools or ladders. (2) Birds and other animals through broken windows or other openings in the structure. "Secured by normal measures means the use of structural components of a building, including fixtures, such as doors, unbroken windows, locks, latches, electronic security systems, storTn shutters, security shutters, and grills or bars installed at window and door openings, which were installed while the building was constructed or added to the building while the building was occupied and being used for lawful purposes. "Secured by ob~er than normal measures means a building secured by means other than those used in the design of a building or that are normally installed Vacant B~dg Oral R~ 2nd Reading.doc 4 and utilized while a building is occupied and being used for lawful purposes. The term includes boarding any window or door opening. "Unoccupied means not being used for a lawful occupancy authorized by the Certificate of Occupancy issued by the City's Building Official. "Unsecured means open to entry by unauthorized persons. "Vacant building means a building or portion of a building that is any of the following: "a. Occupied by unauthorized persons and unsecured. "b. Occupied by unauthorized persons and condemned. "c. Unoccupied and unsecured. "d. Unoccupied and a dangerous building. "e. Unoccupied and condemned. "f. Unoccupied and has had two or more violations of property maintenance ordinances within the previous twelve month pedod. "g. Unoccupied for a pedod of time over three hundred sixty-five (365) days and during which time the Administrator has issued an order to correct any nuisance condition. "Sec. 13-3003. Enforcement aulbority. "(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 shall keep a file on all vacant buildings 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. "Sec. 13-3004. Inspections. "(a) The Administrator may inspect any premises in the City for the purpose of enforcing and ensudng compliance with the provisions of this Article. "(b) Upon the request of the Administrator, an owner shall provide access to all intedor portions of a vacant building in order to permit a complete inspection. Vacant Bldg Oral Rvd 2nd Reading.doc 5 "Sec. 13-3005. Notice of vacant building. "(a) Upon discovery of a vacant building by a Code Enforcement Official or receipt of a complaint about a vacant building, the Administrator may cause an inspection of the property in order to determine if the building should be classified as a vacant building. "(b) If the Administrator determines that a building or portion of a building may be classified as a vacant building under this Article, the Administrator shall: "(1) Attempt to contact the owner or an agent of the owner, identified by any sign posted on the property, by telephone or by electronic communication, such as by electronic mail or facsimile, and advise the owner or agent that it appears that the building is a vacant building and that the following measures need to be taken by the owner: "a. Take immediate measures to temporarily secure the building from unauthorized entry. "b. Take measures to secure the building by normal or other than normal means within 14 days. "(2) Mail a notice to the owner, with a copy to any agent identified by any sign posted on the property, that advises the owner that it appears that the building is a vacant building and that the following measures r, ccd to be taken by the owner: "a. Take immediate measures to temporarily secure the building from unauthorized entry. "b. Take measures to secure the building by normal or other than normal means within 14 days. "(3) Issue a citation or file a complaint in Municipal Court for any violations of this Article or other applicable provisions of the Code of Ordinances. "(c) The notice under subsection (b)(2) of this section must comply with the requirements of Section 54.005, Texas Local Government Code. "(d) If the owner fails to take immediate measures to temporarily secure the building from unauthorized entry, 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, materials, and labor. If the owner does not reimburse the City for its expenses when billed, the Administrator shall file a lien against the property for expenses incurred by the C~. Vacant Bklg On:i R~I 2nd Reading,doc 6 "Sec. 13-3006. Optional vacant building plan and timetable, "(a) If the owner of a vacant building files a vacant building plan and timetable with the Administrator not later than seven (7) days after the owner receives verbal or written notice under Section 13-3005(b), the Administrator is authorized to: "(1) Suspend the processing of any citation or complaint for violation of this Article. "(2) Extend the pedod of time in which the owner of a vacant building must secure the building by other than temporary measures. "(b) The vacant building plan and timetable 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, addresses, and telephone numbers of all owners with a right of control over the property. "(3) The names and addresses of all known lien-holders and all other parties with an ownership interest in the building. "(4) The name, address, and telephone number of the owner's property manager or agent, and whether the property manager or agent has the authority to independently act on the owner's behalf to repair or maintain the property. "(5) The peded of time the building is expected to remain vacant. "(6) If the owner plans on returning the building to a lawful occupancy and use, the estimated date for retuming the building to a lawful occupancy and use. "(7) If the owner plans on demolishing the building, the date the building is scheduled for demolition. "(8) If the owner plans on rehabilitating or renovating the building, the dates the building rehabilitation or renovation is scheduled to commence and be completed. "(9) If the owner plans on retaining the building for investment purposes, the measures that will be taken to try to reduce any adverse impact on the property values of adjacent property from the retention of the vacant building for inves~-nent purposes. "(10) A plan for regular maintenance of the building dudng the pedod of vacancy. "(11) Measures the owner will employ to secure the building to prevent access by trespassers. One of the following methods must be used to secure the building: Vacant Bldg O~1Rvd 2nd Reading,doc 7 "a. Installation and maintenance of adequate windows and doors, "b. Installation and maintenance of secudty shutters, grills, and bars for windows and doors. "c. Installation and maintenance of adequate locks for windows and doors. "d. Installation, operation, and monitoring of an electronic security system, which monitors windows and doors by glass breakage or motion sensors, and a method of responding to alarms from the electronic security system, other than sole reliance on the City's Police Deparlment. "e. Installation of boards on windows and doors. "f. Installation of security fencing. "g. Employment of watchmen, who are licensed peace officers, public security officers, commissioned security officers, or non-commissioned security officers. "h. Any other method approved by the Administrator. "(12) Measures the owner will employ to monitor and inspect the property on a weekly basis. The weekly monitoring and inspection must be performed by the owner, property manager, or an agent of the owner with full authority to maintain and make repairs to the property on a weekly basis. "(13) Locations of the waming signs required by Sections 13-3009(b) and 13- 3011(b). "(14) Any reasonable related additional information required by the Administrator. "(c) The plan and timetable submitted by the owner must be approved by the Administrator, which approval may not be unreasonably withheld. The Administrator must approve or disapprove the plan and timetable within 10 working days of receipt from the owner. "(d) The Administrator may require completion of any modifications or alterations to the building that are required to secure the building within a reasonable pedod of time, up to three hundred sixty-five (365) days. "(e) Any repairs, improvements, or alterations to the vacant building or on the property must comply with all applicable City of Corpus Chdsti technical construction codes. "(f) All other applicable laws, codes, and regulations must be complied with by the owner. Vacanl Bldg Oral Rvd 2nd Reading.doc 8 "(g) The owner shall notify the Administrator of any changes in information supplied as part of the vacant building plan and timetable within thirty (30) days of the change. If the plan or timetable for the vacant building is amended in any way, the amendments must be approved by the Administrator. "(h) If, within fourteen days of the initial observation by a Code Enforcement Official, there is evidence that a broken window or door on a building whose owner has filed a a vacant building plan and timetable, which can be observed from a street or adjoining property, has not been repaired, or that high weeds or solid waste have accumulated on the property without corrective action, the Administrator may determine that the property is not being monitored and inspected by the owner, property manager, or an agent of the owner with full authority to maintain and repair the property on a weekly basis. "(i) The authority of an agent to maintain and make repairs to property for the owner must be granted in writing through a contract or power of attorney. The contract or power of attomey must authorize the agent to receive and accept notices from the City on behalf of the owner. "(j) The Administrator may determine that a building whose owner has filed a vacant building plan and timetable or that has been the subject of an abatement action by the City under this section is no longer a vacant building, if: (1) The owner has secured the building by the means specified in the vacant building plan and timetable approved by the Administrator. (2) The Administrator has inspected the building and determined the building is: a. Properly secured. b. There is no solid waste within the building or on the premises. c. All of the vegetation on the premises has bccn properly trimmed. d. There is no graff'rfi on the inside or outside of the building. e. There is no evidence or indication that the building has been occupied or entered by an unauthorized person within the prior 30 days. "Sec. 13-3007. Duty to clean vacant building and premises. "(a) The owner of a vacant building shall remove any solid waste from the interior of the building. "(b) The owner of a vacant building shall remove any solid waste or high weeds and brush from the premises on which the vacant building is located. Vacant ~ ~ ~ 2nd Reading.doc 9 "(c) The owner shall keep the premises on which the vacant building is located propedy maintained until the building is retumed to an authorized occupancy, demolished, or sold. "(d) Failure of the owner to maintain the premises that results in abatement by the City is grounds for revocation of the approved vacant building plan and timetable, and the owner is subject to any applicable penalties. nSl~. 13-3008. Duty to secure vacant building. "(a) The owner of a vacant building shall lock or secure all doom, windows, and other openings to the vacant building. "(b) The owner shall keep a vacant building secured, safe, and properly maintained. "(c) Failure of the owner to maintain a vacant building in a secured condition and that results in abatement by the City is grounds for revocation of the approved vacant building plan and timetable, and the owner is subject to any applicable penalties. "(d) If secudng a vacant building by normal measures fails to keep the vacant building secure, the owner must use other than normal measures to secure the building, including boarding the vacant building. "Sec. 13-3009. Standards for boarding a vacant building. "(a) Except as provided in subsection (c) of this section, if the owner is unable to secure a vacant buildin(l by normal means, the owner shall board the vacant buildinq under the followin.cl specifications and re(luirements: "(1) All unsecured doorways, windows, or other extedor openinqs must be covered by wooden structural panels. However, the qlazed portion of an otherwise structurally sound door may be re~olaced or covered b¥ a wooden panel. "(2) Wooden structural panels may be installed on the exterior or interior of the openinq. "(3) The wooden structural panels installed on the extedor of a buildincl must be fiat, s(~uare, and level, and in a manner acceoted as (~ood workmanship. The Administrator has the sole discretion to determine if the work was performed in an acceptable manner. "(4) Required materials. The wooden structural panels must be used to cover doorwavs, windows, or other extedor openincls. The wooden structural panels must be composed of CDX exterior (Irade plywood or odented strand board COSB") with a minimum 1/2 inch nominal (7/16" actual) thickness. The Administrator mav approve the use of alternate materials. Vacant B,~dg OM Rvd 2nd Reading.doc 10 "(5) Required fasteners and hardware. All metal fasteners and hardware must be made of stainless steel, qalvanized steel, or cadmium plated steel. "(6'~ Re~luired coatinqs. All exterior materials used to board a vacant buildinc~ must be painted with a minimum of two coats of extedor (~rade latex paint that is black, white, the predominant color of the buiidinq, or a color approved by the Administrator. "(7) Approved methods for installine extedor wooden structural panels. "a. Wooden structures with wood trim surroundincl window and door openinR, s. "1. If there is a sill that extends beyond the face of the buildin(~, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must extend at least four inches (4") on the top and on each side of the openinq. "2. If there is no sill or the sill does not extend beyond the face of the buildin(I, the wooden structural panels must and extend at least four inches (4"'~ on the top, bottom, and on each side of the openinq. "3. The wooden structural panels must be attached to the building3 and window by wood screws, laq bolts, or carfiaqe bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carda.qe bolts are used that extend into the intedor of the buildinq, washers must be used between the nut and the intedor surface. "4. Wooden screws and laq bolts must be secured to the structural framincl member surroundincl the openincl. "5. The structural wooden panels must be attached under the followin(l table: FASTENER TYPE Panel span 5 4 foot FASTENER SPACING 4 foot < panel span < 6 foot < 6 foot < panel span < 8 foot 2-1/2" ~ Wood screws 16" 12" 2-1/2" fl-8 Wood screws 16" 16" 12" Vacant B,~dg Oral Rvd 2nd Reading,doc "6. The fasteners must be installed at opposinq ends of the wooden structural panels. "b. Masonry structures or structures with bdck facades with wood trim surroundincl window and door openinqs: FASTENER TYPE 2-1/2" ~ Wood screws 2-1/2" ~8 Wood screws 11 "1. If there is a sill that extends beyond the face of the buildinq, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: "A. Cover the window or door openin.q. "B. Be flush with the sill. "C. Either be set into or be flush with masonw wall or bdck facade on the too and both sides of the openina. "2. If there is no sill or the sill does not extend beyond the face of the buildincl, the wooden structural panels must be eider set into or be flush with the masonry wall or brick facade on the top, bottom, and on each side of the window openinq. "3. The wooden structural panels must be attached to the buildincl by wood screws, la(~ belts, or carda~3e belts. A washer must be installed between the head of the screw or belt end the wooden structural panel. If carriaqe belts are used that extend into the interior of the buildin(~, washers must be used between the nut and the interior surface. "4. Wooden screws and lacl belts must be secured to the structural framincl member sun'oundincl the oDeninq. "5. The structural wooden panels must be attached under the followinq table: Panel span < 4 foot 16" FASTENER SPACING 4 foot < panel span < 6 foot 1 2" < 6 foot < panel span < 8 foot 16" 16" 12" Vaeanl Bldg Ord R~I 2nd Reading.doc 12 "6. The fasteners must be installed at opposin(I ends of the wooden structural panels. "c. Masonry structures or structures with bdck facades with metal trim surroundin(~ window and door o~enin(3s: "1. If there is a sill that extends beyond the face of the build n.q, the bottom of the wooden structural panels must be flush with the sill and the wooden structural panels must: "A. Cover the window or door openinG. "B. Be flush with the sill. "C. Either be set into or be flush with masonry wall or bdck facade on the top and both sides of the openin(~. "2. If there is no sill or the sill does not extend beyond the face of the buildir~, the wooden structural panels must be either set into or flush with the masonry wall or brick facade on the too, bottom, and on each side of the paenin.q. "3. The wooden structural panels must be attached to the metal trim by metal screws, lacl bolts, or carriaqe bolts. A washer must be installed between the head of the screw or bolt and the wooden structural panel. If carriacle bolts are used that extend into the intedor of the buildin(I, washers must be used between the nut and the interior surface. "4. Metal screws and la(~ bolts must be secured to the metal structure used to fTame the openinG. "5_ The structural wooden panels must be attached under the followinc~ table: FASTENER TYPE Panel span < 4 foot FASTENER SPACING 4 foot < panel span < 6 foot < 6 foot < panel span < 8 foot 2-1f2" fl6 Metal screws 16" 12" 2-1/2" ~.8 Metal screws 16" 16" 12" Vacant Bldg O~1Rvd 2nd Reading.doc 13 "6. The fasteners must be installed at opposinq ends of the wooden structural panels. "d. Masonry structures or structures with bdck facades with no trim sun'oundin~l windows. "1. A wooden frame constructed of with 2"X 4" nominal dimensional lumber must be installed around the perimeter of the openinR. "2. The wooden frame must be secured to the masonry wall or bdck facade with laq bolts and vibration-resistant anchors havinq a minimum ultimate withdrawal capacity of 490 pounds. "3_ The wooden structural panels must be attached to the wooden frame usinc~ wood screws. "4. The structural wooden panels must be attached under the followinq table: FASTENER'TYPE Panelspan ~4foot FASTENER SPACING 4 foot < panel span < 6 foot < 6 foot < panel span < 8 foot 2-1/2" #6 Wood screws 16" 12" 9--" 2-1/~" ~8 Wood screws 16" 16" 12" "5. The fasteners must be installed at opposinc~ ends of the wooden structural panels. "e. The Administrator may approve the use of blocks, clips, or other special hardware items or altemate methods for installing wooden structural panels, "(8) All broken cllass and any other loose material must be removed from the openin(~ before the wooden sfructural panels are installed. "(9) Extedor access to floor areas above the first floor, such as fire escal~es and ladders, must be either: a. Removed up to the second floor level or to a heiqht of 13' above the qround, whichever is lesser. vacant Bldg Ord Rvd 2nd Reading.doc 14 b. Secured to the satisfaction of the Administrator. "(10) Fascia si(ins, overhan.qin(l si(~ns, roof si(ins, and all other appurtenances, such as sun visors or awninqs must be removed ff they are in a danqerous condition or could create such a condition. "(11) All loose or defective materials, tdm, or structural elements on the extedor of the buildinq must be removed. "(12) Any condition which may become a hazard or dan(~er to the public must be "(b) The owner of a boarded vacant buildincl shall post the premises. "(1) One or more siqns must be posted at or near each entrance to the buildinq and on fences or walls, as appropriate. "(2) The siqns must remain posted until the buitdin(~ is either lawfully occupied or demolished. "(3) The siqns must contain the followinq information: "DO NOT ENTER It is a misdemeanor to enter or occupy this buildin(3 or premises or to remove or deface this notice. Trespassers will be prosecuted." "(4) The lettednq of the sicln must be at least a 48 point font type size_ "(c) Instead of boardinq a buildine in the manner specified bv subsection (a) of this section, the Administrator may allow the owner to secure the vacant buildin(~ in a manner in which the Administrator determines adequateN prevents unauthorized entry or vandalism. "Sec. 13-3010. Paining exterior panels on boarded buildings. '~/Vhen an owner of a vacant building boards up a building, the owner shall apply at least one coat of extedor paint to the exterior panels installed on all openings, windows, and doors. The coat of extedor paint must be black, the predominant color of the building, or a color approved by the Administrator. "Sec. 13-3011. Installing fence around the perimeter of buildings. "(a) If the boarding of a vacant building fails to keep the building effectively secured, the owner shall install a minimum eight-foot high chain link fence around the perimeter of the building. "(b) The owner of a fenced vacant building shall post the premises, Vacant Bldg Ord R~ 2nd Reading.doc 15 "(1) One or more signs must be posted at or near each entrance to the building and on fences or walls, as appropriate. "(2) The signs must remain posted until the building 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." "(4) The lettering of the sign must be at least a 48 point font type size. "Sec. 13.3012. Watchman required. "(a) If boarding, fencing, the use of electronic monitoring systems, or the use of other methods fails to keep unau~orized persons from entering or occupying a vacant building, 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. "(b) The watchman must remain on duty daily dudng the required hours until the building is either legally occupied, demolished, or sold. "Sec. 13-3013. Duty to remove or repair. 'q'he owner of a vacant building shall promptly remove or repair any element of the building or a sign on the premises that is in a condition of decay or partial ruin by reason of neglect, misuse, or deterioration. "Sec. 13-3014. Ent~ or interference with not~ce prohibited. "(a) No person may enter or occupy any building that has bean posted under Sections 13-3009(b) or 13-301 l(b), except to repair or demolish the building under proper permit or for a puq:~ose authorized by the owner, or as allowed under Section 13-3005(b). "(b) No person may remove or deface any notice that has been posted under Sections 13-3009(b) or 13-301 l(b) until the required repairs or demolition have been completed or a Certificate of Occupancy has been issued by the Building Official. "Sec. 13-3015. Reinspecflon fee. "(a) The Administrator may periodically reinspect vacant buildings to ensure compliance with the previsions of this Article. "(b) The Administrator may assess a reinspection fee of one hundred dollars ($100.00) against the owner of a vacant building for actual costs of each reinspection and Vacant Bldg O~1Rv~ 2nd Reading.doc 16 continuous monitoring of the building as is reasonably necessary to determine compliance with the standards and procedures in this Article. "Sec. 13-3016. Notification. "Once every six (6) months the Administrator shall send to the City Council a list of all vacant buildings that have become known to the Administrator dudng the preceding six (6) months, as well as a list of all previously declared vacant buildings that are no longer subject to the provisions of this Article. Sec. 13-3017. 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. "(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 against the property for the expenses incurred by the City. "(d) Should any nuisance not be abated at the expiration of time stated in the Notice and Order to Abate or within any additional time as the Administrator or City Manager may grant, the Administrator is authorized to enter upon the property and abate or cause the abatement of the nuisance found. "Sec. 13-3018. Abatement by City. "(a) In abating the nuisance, the Administrator may go to whatever extent may be necessary to complete the abatement of the nuisance and, should it be practicable to salvage any matedal derived in the abatement, the Administrator may sell the salvaged matedal at private or public sale at the best pdce obtainable and must keep an accounting of the proceeds from any sale. "(b) The proceeds, if any, obtained from the sale of the salvaged matedal must be deposited to the General Fund of the City and any deficit between the amount so received and the cost of the abatement may be levied as an assessment against the property in question by the City and collected as any other assessment by the City; however, any other altemative collection method may be utilized by the City to recoup the deficit. "(c) Should the proceeds of the sale of the salvaged material exceed the cost of abatement, the surplus, if any, shall be paid to the owner when a proper claim to the excess is established. Vacant Bldg ~ Rvd 2nd Reading.doc 17 "(d) In abating a nuisance, the Administrator may call upon any City department for whatever assistance the Administrator deems necessary or may by private contract cause the abatement of the nuisance. "(e) The Administrator shall, after completing the abatement, maintain a record of the costs incurred or expended by the City to abate the nuisance, including: "(1) The costs of providing notice to the owner and lienholder, including time spent researching the identily of the owner and lienholder, preparing the notice, postage, and publication costs. "(2) Personnel costs involved with inspecting the property. "(3) Personnel costs involved in abating the nuisance by City employees. "(4) Prorated costs of the use of any City vehicles used to inspect the property. "(5) Prorated costs of the use of any City vehicles or equipment used to abate the nuisance. "(6) Costs of any materials or supplies purchased or fumished by City. "(7) An overhead charge of twenty-five percent (25%) of the total expenses incurred for administration for each abatement action. "(8) Costs of any conbacted services, including the costs of materials, supplies, and labor provided by the City's contractor. "Sec. 13-3019. Notice of costs incun'ed by City; appeal of charges. "(a) The Administrator shall mail a notice to the owner and lienholder of the property upon which the nuisance has been abated of the costs incurred or expended by the City to abate the nuisance, including any applicable overhead charges and surcharges under Sections 13-3018 or 13-3021. "(b) The notice must advise the owner and lienholder that the City proposes to assess its costs against the property and place a lien on the property to collect the costs incurred by the City. "(c) The notice must advise the owner and lienholder that any objections to the costs that will be assessed against the property must be made in writing and received by the Administrator within twenty (20) days from the date of mailing the notice. "(d) Upon the expiration of the twenty (20) day period, if no objections have been received by the Administrator, the Administrator shall file a lien against the property for the City's costs. Vacaet Bldg Ord R'~I 2nd Reading.doc 18 "(e) If objections to the costs from the owner or lienholder are received by the Administrator pdor to the expiration of the twenty (20) day pedod, the Administrator shall make a written determination whether the amount assessed should be upheld, modified, or canceled. "(f) A copy of this determination must be fumished to the person making the objections and include notice of the person's dght to appeal the determination to a headng officer, designated by the City Manager, the within fourteen (14) days of the date the Administrator's determination is mailed to the owner or lienholder_ "(g) Upon expiration of the fourteen (14) day pedod, if no appeal is received, the Administrator shall file a lien against the property for the City's costs. "(h) If a timely appeal is received by the Administrator, a hearing before the headng officer must be scheduled and held on the matter. "(i) If, after the headng, the headng officer determines that the proposed assessment, or any part of the assessment, is not properly authorized by Section 13-3018(e), the headng officer shall so certify to the Administrator and the proposed assessment will be modified or canceled. "(j) If, after the headng, it is determined that the proposed assessment or any part of it is proper and authorized, the headng officer shall so certify to the Administrator, who shall file a lien in the amount determined appropriate by the hearing officer. "(k) The determination of the headng officer is a final administrative decision and is not appealable to the City Council. "(I) The Administrator, in administrative review, or the headng officer, on appeal, may modify or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this Article: "(1) The notice to remove the nuisance. "(2) The work performed in abating the nuisance. "(3) The computation of charges. "(m) The Administrator, in administrative review, or the hearing officer, on appeal, may modify a proposed assessment by eliminating the surcharge if it is determined that the curTent owner was not in possession of the property at the time the notice required in Section 13-3006 was mailed. "(n) If, after a lien has been filed, there is a written request of an owner who alleges that the owner did not receive notice of the proposed assessment, the Administrator shall refer the matter for review to the headng officer. Vacant Bldg On:l R',~I 2nd Reading.doc 19 "(o) The lien may be released by the headng officer if it is determined that the owner did not receive notice of the proposed assessment or of the nuisance abatement work constituting the basis of the lien, could not, in the exercise of reasonable care or diligence, have had the knowledge, and in addition, that the circumstances are such that a reduction or cancellation of the assessment would have been appropriate had the matter been reviewed under this section pdor to assessment. "(p) Upon receipt of a cedification from the headng officer, under subsection (o), the Administrator shall cancel or modify the lien if required by the determination of the headng officer. "Sec. 13-3020. Personal liability of owner. "The person, who is the owner of the property at the time at which the notice required under Section 13-3017 of this Article is served, is personally liable for the amount of the all expenses incurred by the City, including any interest, overhead charges, and surcharges. "Sec. 13-3021. Overhead charge and surcharge. '(a) Whenever a nuisance is abated by the City, the Administrator shall keep an accurate account of all expenses incurred, including an overhead charge of twenty-five percent (25%) of the total expenses incurTed for administration for each nuisance abated. "(b) When the City has abated a nuisance maintained by any owner of real property, for each subsequent nuisance that is abated by the City within two (2) consecutive calendar years of the initial abatement of the nuisance on real property owned by the same person, a surcharge of fifty percent (50%), minimum of f~ty dollars ($50), of the cost of abatement shall be added to the costs and overhead charge provided for in subsection (a). The surcharge is imposed without regard to whether the nuisances abated by the City are of the same character. "Sec. 13-3022. Continuous abatement authority. "(a) If a vacant building 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 AdJcte. "(b) If the premises surrounding a vacant building 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, procccd to abate the nuisance and recover costs as provided for in this Article. Vacant Bldg ~ Rvd 2nd Reading.doc 20 "Sec. 13-3023. Continuous public nuisances. "(a) A vacant building may be declared a continuous public nuisance by the Administrator if the building, which was secured by the owner following a Notice and Order to Abate or secured by the Administrator, continues to remain unsecured on a pedodic basis, and the Administrator is required to e~her issue additional Notice and Order to Abate to the owner or resecure the building through a City abatement action. "(b) The Administrator may seek demolition of a vacant building that is a continuous public nuisance by seeking a court order or following any of the administrative abatement procedures found in this chapter, which affords the owner due process, including notice and a hearing. "Sec. 13-3024. Appeal of Administrstor's decisions and orders. A person may appeal any decision or order of the Administrator to the headng officer. "Sec. 13-3025. Alternative procedures. Nothing in this Article may be deemed to abolish or impair existing authority or remedies of the City. "Sec. 13-3026. Penalties. "(a) Any person violating any provision of this Article, or providing false information to the Administrator, may be punished by a fine 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. 13-3027 - 13-4000. 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. Vacant Bldg On:l Rv~ 2nd Reading.doc 21 Sec~on 4. Publication of this ordinance is to be made in the o~cial publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Chdsti, Texas. Vaunt Bldg 0~1R~I 2r~J R~ad~ngdc~ Samuel L. Neal, Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett Corpus Chdsti, Texas That the foregoing ordinance was read for the first time and passed to its second reading on this the 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 PASSED AND APPROVED this the ATTEST: ,2004, by the following vote: Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott day of ,2004. CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 25, 2004 Samuel L. Neal, Jr. Mayor 22 Vacant B~dg O~ ~ 2nd Reading doc