HomeMy WebLinkAboutAgenda Packet City Council - 10/19/2004
CITY COUNCIL AGENDA
OCTOBER 19, 2004
Corpus Christi
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All-America cnv
11 :45 A.M. - Proclamation declaring October 21, 2004 as "Meadowbrook Elementary School & PTA Day"
Proclamation declaring October 17-23, 2004 as "YWCA Week Without Violence"
Proclamation declaring October 18-22, 2004 as "National Business Women's Week"
Proclamation declaring October 18-22, 2004 as "Tuloso-Midway ISO Education Foundation Week"
Proclamation declaring October 18-29, 2004 as 'Operation Clean Sweep"
Proclamation declaring October 23-24, 2004 as "SI. Patrick's Halloween Camival Days"
"At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
OCTOBER 19, 2004
10:00 A.M.
PUBLIC NOTICE. THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or seNices are requested to
contac1 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 Reverend Charles R. Graff, St. Luke's United Methodist Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tem Jesse Noyola
Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex Kinnison
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Agenda
Regular Council Meeting
October 19, 2004
Page 2
E. MINUTES:
1. Approval of Regular Meeting of October 12, 2004. (Attachment
# 1)
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
2.a. Motion approving supply agreements with the following
companies for the following amounts for water and wastewater
treatment chemicals in accordance with Bid Invitation No. 81-
0012-05, based on low bid for an estimated six month
expenditure of $939,930.80. The terms ofthe contracts will be for
six months with options to extend for up to nine additional six-
month periods subject to the approval of the suppliers and the
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 19, 2004
Page 3
City Manageror his designee. Funds have been budgeted by the
Water and Wastewater Departments in FY 2004-2005.
(Attachment # 2)
Altivia
Houston. Texas
Liquid Chlorine
$240,300
DPC Industries
Corpus Christi. Texas
Liquid Caustic Soda
$439,180.90
Sodium Hypochlorite Solution
$260,449.90
Total: $939,930.80
2.b. Motion approving a supply agreement with Carus Chemical Co.,
Peru, Illinois, for potassium permanganate in accordance with Bid
Invitation No. 81-0012-05, based on low bid for an estimated
annual expenditure of $347,287.50. The term of the contract will
be for twelve months with an option to extend for up to four
additional twelve-month periods subject to the approval of the
supplier and the City Manager or his designee. Funds have been
budgeted by the Water Department in FY 2004-2005.
(Attachment # 2)
Grand Total (a) & (b): $1,287,218.30
3. Resolution authorizing the City Manageror his designee to submit
a Grant Application in the amount of $22,000 to the Texas
Department of Public Safety, Division of Emergency
Management, Hazardous Materials Emergency Preparedness
Grant Program, for public awareness brochures, production and
broadcast of infomercials, and to conduct emergency response
drills, with a City match of $4,400. (Attachment # 3)
4.a. Motion authorizing the City Manager or his designee to accept a
grant in the amount of $57,855 from the State ofTexas, Criminal
Justice Division for continuation funding available under the
Violence Against Women Act 01AWA) Fund and to execute all
related documents. (Attachment # 4)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 19, 2004
Page 4
4.b. Ordinance appropriating $57,855 from the State of Texas,
Criminal Justice Division in the No. 1061 Police Grants Fund for
continuation funding available under the Violence Against Women
Act (VAWA) Fund. (Attachment # 4)
5.a. Motion authorizing the City Manager or his designee to accept a
two-year grant in the amount of $207,080.92 from the United
States Department of Justice, United States Attorney's Office,
Southern District of Texas, for a Project Safe Neighborhoods
Grant and to execute all related documents. (Attachment # 5)
5.b. Ordinance appropriating a grant in the amount of $207,080.92
from the United States Department of Justice, United States
Attorney's Office, Southern District of Texas for a Project Safe
Neighborhoods Grant in the No. 1061 Police Grants Fund.
(Attachment # 5)
6. Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to the Engineering Services Contract with
Freese and Nichols, Inc., of Fort Worth, Texas in an amount not
to exceed $285,490 for Garwood Water Supply Pipeline Routing
Plan, Phase 2 services. (Attachment # 6)
7. Motion authorizing the City Manager or his designee to execute
Amendment NO.1 to the Contract for Professional Services with
Martinez, Guy & Maybik, Inc. of Corpus Christi, Texas in the
amount of $67,800 for a total restated fee of $92,760 for Minor
Storm Drainage Improvements at the following locations:
(Attachment # 7)
.
Westview Drive Drainage Improvements,
Princess at Cardinal Drainage Improvements,
Wood River and River Canyon Area Drainage
Improvements,
JesterfTurtle Cove Park Drainage Improvements, and
GlenoaklFlour Bluff Drive Drainage Improvements, Phase
1.
.
.
.
.
8. Resolution recognizing the public necessity of acquiring fee
simple title to a tract of land containing 1,693.14 square feet out
of Lot 20, Block 1, Guth Parkside Addition, known as Parcel 1,
from the owner Jim Srp, Jr., for the construction of street
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 19, 2004
Page 5
improvements in connection with the Rand Morgan Road
(Leopard to Interstate Highway 37) Street Improvement Project
(#6241) and other municipal purposes; and authorizing
acquisition by means of negotiations or eminent domain
proceedings by the City of Corpus Christi in acquiring the land.
(Attachment # 8)
9. Resolution authorizing the Mayor or the Mayor's designee to
execute an amendment to the Interlocal Cooperation Agreement
with Nueces County relating to the approval of plats within the
extraterritorial jurisdiction of the City of Corpus Christi.
(Attachment # 9)
10.a. Motion approving the reimbursement application submitted by
King's Crossing Realty, Ltd., owner and developer of King's
Crossing Unit 14A Subdivision located south of Yorktown
Boulevard west of Cimarron Boulevard for the installation of 1,807
linear feet of a 12-inch PVC water grid main. (Attachment # 10)
10.b. Ordinance appropriating $53,845.68 from the Water Arterial
Transmission and Grid Main Trust Fund No. 4030-21805-540450
to pay developer reimbursement request for the installation of
1,807 linear feet of a 12-inch PVC water grid main to develop
King's Crossing Unit 14A Subdivision. (Attachment # 10)
11. Motion authorizing the City Manager to execute a Deferment
Agreement with South Texas Hotels, L.L.P., in the amount of
$82,169 for Public Improvements including an off-site 8-inch
public wastewater line and an 8-inch PVC water distribution main
improvements to Padre Island Number One, Block 35, Lot 30A in
accordance with the Platting Ordinance Section V - Required
Improvements, Subsection A.3.b). (Attachment # 11)
12. Ordinance authorizing the City Manager or his designee to
execute a Participation Agreement with South Texas Hotels,
L.L.P., owner and developer of Padre Island Number One, Block
35, Lot 30A for the construction of an 8-inch, overdepth sanitary
sewer collection line along Sand Dollar Avenue, Gaviota Drive
and Octal Drive, in accordance with the Platting Ordinance, not
to exceed $56,908 for the City's share of costs of the
improvements. (Attachment # 12)
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 19, 2004
Page 6
13. First Reading Ordinance - Amending the Code of Ordinances,
Section 53-254, Schedule V, Increase of State Speed Limit in
Certain Zones, and Schedule VI, Decrease of State Speed Limit
in Certain Zones, by modifying the limits of speed zones and
establishing transition speed zones in the inbound and outbound
directions of International Drive between the existing 45 miles per
hour speed zones near State Highway 44 and the existing slower
speed zones of 15 and 20 miles per hour near the parking lots
and the terminal; and providing for penalties. (Attachment # 13)
14. Second Reading Ordinance - Authorizing the City Manager or his
designee to execute a five year Lease and Use Agreement with
Corpus Christi Softball Association ("Lessee") for use of City
property (Greenwood Softball Complex) for Lessee's softball
program and in consideration of Lessee maintaining the premises
and improvements. (First Reading 9/21/04)) (Attachment # 14)
15. Second Reading Ordinance -Authorizing the City Manager or his
designee to execute a five year Lease and Use Agreement with
South Texas Youth Football League, Inc. ("Lessee") for use of
City property (Bill Witt Park) for Lessee's Pop Warner Football
program and in consideration of Lessee maintaining the premises
and improvements. (First Reading 9/21/04) (Attachment # 15)
I. PUBLIC HEARINGS:
ZONING CASES:
16. Case No. 0904-01. Mostaahasi Investment Trusts: A change of
zoning from a "R-1 B" One-family Dwelling District to a "B-1"
Neighborhood Business District and "R-2" Multiple Dwelling
District. The property is 5 acres out of Flour Bluff and Encinal
Farm and Garden Tracts, Section 10, Lots 12 and 13, located
along the north side of Yorktown Road and 1 ,000 feet east of
South Staples Street. (Attachment # 16)
Plannina Commission's Recommendation: Approval ofthe "R-2"
Multiple Dwelling District on Tract 1, and denial of the "B-1"
District on Tract 2, and in lieu thereof, approval of a "B-1A"
Neighborhood Business District.
CITY COUNCIL
PRIORITY ISSUES
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Agenda
Regular Council Meeting
October 19, 2004
Page 7
Staffs Recommendation: Approval of the "B-1" Neighborhood
Business District and "R-2" Multiple Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Mostaghasi
Investment Trusts by changing the zoning map in reference to
five (5) acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 10, Lots 12 and 13, from "R-1B" One-family
Dwelling District to Tract 1 - "R-2" Multiple Dwelling District and
Tract 2 - "B-1 A" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
17. Case No. 0904-02. Kvle S. Williams: A change of zoning from
a "R-1 B" One-family Dwelling District to a "B-3" Business District.
The property is on five (5) acres out of southwest corner of
Survey No. 416, Abstract 838 and southwest corner of a 100-acre
tract recorded in Volume 314, Page 531 of the Deed Records of
Nueces County, Texas, also recorded in Volume 321, Page 349
of the Deed Records of Nueces County, Texas, located on the
east side of Rand Morgan Road and 600 feet south of McNorton
Road. (Attachment # 17)
Plannina Commission and Staffs Recommendation: Denial of
the "B-3" Business District, and in lieu thereof, approval of a "B-1"
District with a Special Permit for a mini-storage facility subject to
five (5) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Kyle S.
Williams, by changing the zoning map in reference to five (5)
acres out of the southwest corner of Survey No. 416, Abstract
838 and southwest comer of a 100 acre tract recorded in Volume
314, Page 531 and Volume 321, Page 349 of the Deed Records
of Nueces County, Texas, (currently zoned "R-1 B" One-family
Dwelling District) by granting a Special Permit for a mini-storage
use subject to five (5) conditions; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 19, 2004
Page 8
18. Case No. 0904-03. CMS Construction Services. LLC: A change
of zoning from a "R-1 B" One-family Dwelling District to an "AT"
Apartment Tourist District. The property is in Padre Island,
Section E, Block 2, Lots 3, 4, 14, 15, and 18, located west of
Leeward Drive, east of Aruba Drive, and south of Running Light
Drive. (Attachment # 18)
PlanninC} Commission and Staffs Recommendation: Approval
of an "AT" Apartment Tourist District.
ORDINANCE
Amending the Zoning Ordinance, upon application by CMS
Construction Services by changing the zoning map in reference
to Padre Island, Section E, Block 2, Lots 3, 4, 14, 15, and 18,
from "R-1 B" One-family Dwelling District to "AT" Apartment
Tourist District; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
19. Case No. 0904-05. The Coves at Laoo Vista: A change of
zoning from a "F-R" Farm-Rural District and "RE" Residential
Estate District to a "RA" One-family Dwelling District. The
property is on 130.52 acres out of Laureles Farm Tracts, Section
31 and 32, located south of Farm to Market Road 2444 and east
of King Trail. (Attachment # 19)
Plan nino Commission and Staffs Recommendation: Denial of
"RA" One-family Dwelling District, and in lieu thereof, approval of
a Special Permit for half acre single-family residential lots subject
to 21 conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by the Coves
at Lago Vista by changing the zoning map in reference to 130.52
acres out of Laureles Farm Tracts, Section 31 and 32, (currently
zoned "F-R" Farm Rural District) by granting a Special Permit for
half-acre single-family residential lots subject to twenty-one (21)
conditions; amending the Comprehensive Plan to account for any
deviations from the existing Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 19, 2004
Page 9
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
20. Presentation of a plan by Michael Manjarris to locate a Sculpture
Garden in the Watergarden area. (Attachment # 20)
21. Presentation of Fourth Quarter FY 2003-2004
BudgeUPerformance Report. (Attachment # 21)
22. Fourth Quarter Presentation of the Health Benefits/Risk
Management Fund. (Attachment # 22)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
23. Motion authorizing the City Manager or his designee to execute
a contract with Seth Vandable for the design, fabrication,
installation and purchase of a sculpture, "For the Love of the
Game" in the amount of $150,000 as part of the Percent for Art
Program associated with the Whataburger Baseball Stadium
Project. (Attachment # 23)
L. 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 FORM A T 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 que su ingles es limitado, habra un interprete
ingles-espanol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 19, 2004
Page 10
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding officer.
24. Executive session under Texas Government Code Section
551.071 regarding Tomas Duran vs. City of Corpus Christi, et aI.,
C.A. No. 04-500-CV, in United States District Court, Southern
District ofTexas, Corpus Christi Division, with possible discussion
and action related thereto in open session.
25. Executive session under Texas Government Code Section
551.071 regarding Yehuda Azoulay vs. City of Corpus Christi,
Cause No. 04-4180-D, in the District Court, 1 051h Judicial District,
Nueces County, Texas, with possible discussion and action
related thereto in open session.
N. REPORTS:
The foJ/owing reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling offuture Council meetings and activities; and
other brief discussions regarding city-related matters.
26. CITY MANAGER'S REPORT
*
Upcoming Items
27. MAYOR'S UPDATE
CITY COUNCIL
PRIORITY ISSUES
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agenda summary)
Agenda
Regular Council Meeting
October 19, 2004
Page 11
28. COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
too Ci\y Hall, 1201 Leopard Street, at I: 0 () p.m.,
c-t-o ~)4?/ I C; ,2004.
OJlJV\[U'\Ct 0 ~ILUPV
Armando Chapa L A
City Secretary IV ~
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
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend althe end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
October 12,2004 - 10:00 a.m.
PRESENT
Mayor Samuel 1. Neal Jr.
Mayor Pro Tern Jesse Noyola
Council Members:
Brent Chesney
Javier Colmenero (Arrived at 10:07 a.m.)
Melody Cooper (Arrived at 10:07 a.m.)
Henry Garrett
Bill Kelly (Arrived at 10:05 a.m.)
Rex Kinnison
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 Mayor Neal and the Pledge of Allegiance to the United States flag was
led by Council Member Noyola. 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 September 28,2004. A
motion was made and passed to approve the minutes as presented.
Mayor Neal announced a change in the order of the agenda. He said immediately after the
consideration ofthe consent agenda, the Council would go into executive session.
*************
Mayor Neal referred to Item 2 and the following board appointments were made:
Commission on Children and Youth
Aaron Cooley (Appointed)
Shanel Magee (Appointed)
Leadershio Committee for Senior Services
Jerry Wagoner (Appointed)
Storm Water Management Advisorv Committee
Patrick Veteto (Appointed)
Museum of Science and History Adv. Comm.
Phyllis H. Riddle (Reappointed)
Dr. Alexey Sadovski (Reappointed)
Linda Scott (Appointed)
Bill Richmond (Appointed)
*************
Mayor Neal called for consideration of the consent agenda (Items 3-12). City Secretary
Chapa announced Council Member Noyola would be abstaining from the vote and discussion on
Item 9. Mr. Bill Kopecky, 3609 Topeka, requested that Item 11 be discussed. A motion was made
and passed to approve Items 3 through 12, constituting the consent agenda, except for Item 11,
Minutes - Regular Council Meeting
October 12,2004 - Page 2
which was pulled for individual consideration. City Secretary Chapa polled the Council for their
votes as follows:
3. RESOLUTION NO. 025979
Resolution authorizing the City Manager or his designee to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent School District in the amount of
$162,036 for the DARE and KIDS and COPS Curricula and to execute all related
documents.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4.a. RESOLUTION NO. 025980
Resolution authorizing the City Manager or his designee to accept a grant from the State of
Texas, Office of the Governor, Criminal Justice Division, in the amount of $92,001 for
eligible funding under the Juvenile Accountability Incentive Block Grant Program to reduce
juvenile delinquency, improve the juvenile justice system, and increase accountability for
juvenile offenders, with a City match of$10,223 in the No. 1020 General Fund, and a total
project cost of $102,224.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
4.b. ORDINANCE NO. 025981
Ordinance appropriating $92,001 from the State of Texas, Office of the Governor, Criminal
Justice Division, in the No.1 061 Police Grant Fund for eligible funding under the Juvenile
Accountability Incentive Block Grant Program to reduce juvenile delinquency, improve the
juvenile justice system, and increase accountability for juvenile offenders; transferring
$10,223 from the No. 1020 General Fund and appropriating it in the No. 1061 Police Grant
Fund to continue to operate a Juvenile Court within Municipal Court.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
5.a. RESOLUTION NO. 025982
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of Public Safety Division of Emergency Management in the amount of$1 ,000
under the Local Hurricane Grant Program for enhanced hurricane related public awareness
and education.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
October 12,2004 - Page 3
5.b. ORDINANCE NO. 025983
Ordinance appropriating $1,000 from the Texas Department of Public Safety Division of
Emergency Management in the No. 1063 Emergency Management Grants Fund for
enhanced hurricane related public awareness and education.
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".
6.a. RESOLUTION NO. 025984
Resolution authorizing the City Manager or his designee to accept a grant from the Texas
Department of State Health Services in the amount of$620,000 for the Women, Infants, and
Children Program for FY 2005, based on a $10.45 reimbursement for each participant
served.
The foregoing resolution was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
6.b. ORDINANCE NO. 025985
Ordinance appropriating a grant with the Texas Department of State Health Services in the
No. 1066 Health Grants Fund in the amount of $620,000 for the Women, Infants, and
Children Program for FY 2005, based on a $10.45 reimbursement for each participant
served.
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".
7. ORDINANCE NO. 025986
Ordinance appropriating $201,500 from the estimated program income revenue in the No.
1066 Health Grants Fund as State Fiscal Year 2004-2005 program income to fund laboratory
and nursing services for the period of September 1,2004 through August 31, 2005.
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
October 12,2004 - Page 4
8. MOTION NO. 2004-378
Motion authorizing the City Manager or his designee to execute a Utility Easement
instrument with L&L Family Partnership, Ltd., for Parcel 428, in the total amount of
$35,000, 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".
9. MOTION NO. 2004-379
Motion authorizing the City Manager or his designee to execute a construction contract with
ARC Abatement, of Corpus Christi, Texas in the amount of$82,430 for the Corpus Christi
International Airport Air Traffic Control Tower Asbestos Abatement project.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, and Scott, voting "Aye"; Noyola abstained.
10. MOTION NO. 2004-380
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a
Contract for Professional Services with Naismith Engineering, Inc., of Corpus Christi, Texas
in the amount of$120,995, for a total restated fee of$145,495 for Storm Sewer Extensions
at the following locations:
*
*
*
*
*
Leonard Drive/Mulholland Drive Drainage Improvements,
Villa Drive Drainage Improvements, Phase I,
Fair Oaks Drive Drainage Improvements,
Milky Way Drive Outfall Improvements, and
Greenwood Park Area Drainage Improvements.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
12. MOTION NO. 2004-382
Motion authorizing the City Manager or his designee to execute an agreement with the
Corpus Christi Regional Economic Development Corporation (EDC) whereby the EDC will
promote economic development in the Corpus Christi Bay area for an annual fee of$475,000
and ratifying the first quarterly payment. The agreement term is August 1, 2004 through
July 31, 2005.
The foregoing motion was passed and approved with the following vote: Neal, Chesney,
Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item II regarding a contract for a computerized
Minutes - Regular Council Meeting
October 12,2004 - Page 5
maintenance management system. Mr. Bill Kopecky, 3609 Topeka, commented the city had spent
a sizable amount of money on software and upgrades over the last five years. He told the Council
to carefully review the city's software purchases to ensure their utility. Assistant City Manager Ron
Massey replied the contract in question was with EMA, Inc. for a computerized maintenance
management system related to the city's re-engineering effort. He said the contract was much more
than a software purchase. Rather, he said the system was a major tool in the re-engineering effort,
and integrated with new business practices and implementation.
Mayor Neal shared Mr. Kopecky's concern that the city was purchasing software but did not
have a review process in place to determine whether the purchased software was still useful. City
Manager Noe stated staff would provide a report on the number of software programs the city has
now and the policies on upgrades and replacements. Mr. Colmenero asked staff to include
information on any anticipated software upgrades. City Secretary Chapa polled the Council for their
votes as follows:
11. MOTION NO. 2004-381
Motion authorizing the City Manager or his designee to execute Amendment No.4 to the
contract with EMA, Inc., of Houston, Texas in the amount of $674,510 for next phase
implementation of the Computerized Maintenance Management System.
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 announced the executive session, which was listed on the agenda as follows:
20. Executive session under Texas Government Code Section 551.071 for consultation with
attorney regarding the use of public rights-of-way and property by pipelines, grants of rights
therein, fees therefore, and related matters, with possible discussion and action related
thereto in open session.
The Council went into executive session.
*************
The Council returned from executive session. Mayor Neal opened discussion on Item 18
regarding the licensing of pipelines in city rights-of-way and in city-owned property. Mr. Geoffrey
Gay with Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, L.L.P. reported this item was
the fulfillment of the settlement the Council reached with Gulfterra Energy Partners L.P. in
December 2003. The settlement required Gulfterra to make payments to the city for failure to
compensate it for use of right-of-way, laying out a payment plan for the future. One of the key
elements of the settlement was that the settlement should be uniformly and consistently applied to
all the pipelines in the city, and the ordinance applied a methodology for requiring they pay a fair
value for their use of the right-of-way. It has a $500 per crossing annual assessment and a $1.25
linear foot assessment. Mr. Gay stated the industries wished to continue discussing the requirements
Minutes - Regular Council Meeting
October 12,2004 - Page 6
of the settlement, and they had asked for an extension before it was implemented. Mayor Neal made
a motion that the Council pass this ordinance on first reading, and encouraged all parties with
concerns about the implementation of this ordinance to enter into a dialogue with the city before the
second reading, tentatively scheduled for November 9. Mr. Scott seconded the motion and it passed
unanimously. There were no comments from the audience. City Secretary Chapa polled the Council
for their votes as follows:
18. FIRST READING ORDINANCE
Amending Chapter 49 of the City of Corpus Christi Code of Ordinances by adopting new
Article VII and amending Article IV, Section 49, relating to the requirement that all
pipelines in the City rights-of-way and in City-owned property be licensed or otherwise
authorized by the City; establishing procedures for the application for and granting of
licenses; establishing the charges for the use of City rights-of-way and City-owned property
by authorized and unauthorized pipelines; providing for protection of City rights-of-way and
City-owned properties and interests; reserving the City's claims for prior occupation of
public property by pipelines; providing for related matters; and other provisions related to
the subject matter of this ordinance; providing an effective date; providing for penalties;
providing for reservation of civil remedies.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kinnison, Noyola and Scott, voting
"Aye".
* * * * * * * * * * * * *
Mayor Neal referred to the presentations on the day's agenda. The first presentation was a
report on an alternative site for the skate park by the Junior League of Corpus Christi. Ms. Lavonne
Garrison with the Junior League provided a brief history on the skate park to date. In April 2003,
the Junior League voted to build the skate park and gift it to the Boys and Girls Club upon
completion for their continuing operation. For over a year, the committee has diligently researched
many aspects of the project. In addition, Ms. Garrison said the league held a Speak Out forum to
obtain feedback on what features would make the park successful.
Ms. Garrison reported the Junior League was working closely with Grindline from Seattle,
W A, a world-renowned firm that has constructed over 100 skate parks. The skate park is being
designed to appeal to skaters of all ability levels, and will include features for individuals who skate
on flat surfaces as well as bowls. In addition, the concrete skating facility would require minimal
ongoing maintenance, approximately $2,000 to $5,000. She said the concrete surface would be
treated with a graffiti-resistant coating.
Ms. Garrison stated their research indicates that people of all ages and ethnic backgrounds
skate. In addition, skating can be considered a tourist attraction, as the city has experienced with
the tremendous success and growth of the Velocity Games. She said skating competitions are now
televised on ESPN, and there has been a growth in skate park construction across the country.
For a number of reasons, Ms. Garrison stated the Junior League has reconsidered the location
Minutes - Regular Council Meeting
October 12,2004 - Page 7
of the skate park because of the growing interest in skating. First, she said while the Boys and Girls
Club provides needed services, their location on Greenwood Drive may limit its use by adults,
tourists, and members of the community. Second, the Boys and Girls Club would need to charge
admission and limit the hours of operation as well as carry liability insurance. Third, the
overwhelming majority of skate parks across the country are free of charge and have open
accessibility to the public, meaning there is a posted set of rules and skaters use it at their own risk.
Ms. Garrison displayed a sample set of posted rules from a skate park in Spokane, W A.
Ms. Garrison reported the Junior League had spoken with city planners, park and recreation
directors, and administrators in other cities who were amazed at the overwhelming popularity of
skate parks in their communities. She said the Junior League's proposed skate park would be a
$400,000 asset to the community. The Junior League wanted to ensure the park would be built to
last for decades, and also provide the greatest possible accessibility and utilization for all citizens.
Ms. Garrison said the Junior League met with city staff about finding an alternative site for
the skate park on the bayfront because of its high visibility and usage by the community, and staff
had recommended Cole Park. She said upon completion of the park, the Junior League would gift
it to the city. Unlike the Boys and Girls Club, Ms. Garrison said the city would not be required to
carry liability insurance because city-owned skate parks were provided municipal immunity by the
state. The Cole Park location would also allow the park to be used free of charge, serve as a tourist
attraction, and allow for greater utilization.
Mr. Colmenero asked where in Cole Park the skate park would be built. Ms. Garrison
replied the site was still tentative, but it would probably be placed somewhere on the south side of
the park, between KidsPlace and the pier. Mr. Colmenero asked if additional parking would be
needed. Ms. Garrison deferred this question to staff, but noted that Cole Park was on the RT A's bus
route. Mr. Colmenero asked what the projected life span of the park was. Ms. Garrison replied
some of the older parks in the northeastern United States were ten years old, but noted that skating
was a relatively new sport.
Ms. Cooper spoke in support oflocating the skate park in Cole Park because it could serve
as a tourist attraction, and it would also tie in with other planned bayftont improvements.
Mr. Scott asked staff to respond to concerns about adequate parking in Cole Park. City
Manager Noe replied there was no official master plan for Cole Park. Before moving forward with
the skate park, he said it was important to have a public dialogue regarding Cole Park. Park and
Recreation Director Sally Gavlik added staff was recommending the development of a master plan
for Cole Park to incorporate the various uses of the park (e.g. windsurfing, KidsPlace, and the
proposed skate park). She said a master plan would address parking issues as well as the appropriate
siting of the skate park in Cole Park. Mr. Scott concurred with the development of a master plan
for Cole Park, including provisions for adequate irrigation, since it served as the city's most visible
park.
Mr. Scott asked if the Junior League had initiated a dialogue with the First Baptist Church,
which already had a skate park in place. Ms. Garrison answered affirmatively, saying the church
was not opposed to a bayfront skate park. She said the parks would probably not be in competition
Minutes - Regular Council Meeting
October 12, 2004 - Page 8
because they were very different. The church's skate park was wooden, for example, while the city's
park would be a concrete, championship-level facility. In addition, Ms. Garrison stated they had
spoken with the Marina del Sol condominiums and a number of Ocean Drive property owners with
lots overlooking the park site, and their main concern was the enforcement of the curfew.
Finally, Mr. Scott asked ifstaffwas looking into installing a surveillance system for the skate
park. City Manager Noe answered affirmatively.
Mr. Noyola asked if the Boys and Girls Club agreed with the decision to relocate the skate
park to Cole Park. Ms. Garrison replied they had several meetings with the Boys and Girls Club
director and board of directors and they understood the reasons for the proposed site change. She
said the Junior League would be working with the Boys and Girls Club in the future to find ways
to foster skating in this area. Mr. Noyola asked the Junior League to consider initiating projects in
other major city parks, such as the Dr. Hector P. Garcia Park or West Guth Park. Ms. Garrison said
the Junior League would consider these sites for future projects.
Mr. Kinnison asked when construction on the skate park could begin, once the master plan
and site selection were completed. Ms. Gavlik replied staff estimated the development of a Cole
Park master plan would take approximately three months ifthe city hired the same consultant used
for the citywide parks master plan. She said the timeline for construction would depend on the
Junior League's fundraising efforts. Ms. Garrison added the Junior League needed the Council's
approval for the Cole Park site before their fundraising efforts could truly begin.
Mr. Chesney thanked the Junior League for taking the initiative to build a skate park for the
community. He also thanked Mr. Noyola for bringing the discussion about a skate park fee to the
forefront. He spoke in support of the Cole Park location because it provided many benefits, but he
was also in support of a future skating facility in the Greenwood area or in other areas of town. He
mentioned the use of modular skate parks which were less expensive to build. Mr. Colmenero
encouraged the Junior League to begin developing future plans for projects in other main city parks.
Mr. Kelly thanked the Junior League for their efforts. He also mentioned the use of modular
skate parks, asking staff to explore the possibility of a modular facility that could be moved from
park to park. He stressed he was not advocating this option as a substitute for the Junior League
project. Rather, if skating was as popular as they believed, the modular skate parks would be an
additional way of meeting the demand. City Manager Noe replied staff has proposed the
construction of two to three other modular parks in the city on several occasions.
Mayor Neal asked ifthere was a general consensus among the Council to proceed with the
Cole Park site for the skate park. The Council concurred.
* * * * * * * * * * * * *
The next presentation was an quarterly project update on the Crime Control and Prevention
District. Ms. Linda Bridges, chairman of the Crime Control and Prevention District Board of
Directors, asked Commander Bryan Smith to provide a brief report on the directed patrol officers
program and JET team. Regarding the directed patrol program, Commander Smith showed a
number of photos depicting "before" and "after" photos of houses identified by the program as
Minutes - Regular Council Meeting
October 12, 2004 - Page 9
safety hazards or centers of illicit activities. He noted that individuals in the community supervision
and corrections program, led by Lieutenant Hernandez with the Nueces County Sheriff's Office,
worked on cleaning up the structures. In addition, he reported the directed patrol program had
worked on cleaning up a transient camp on Lipan Street, and mowed high grass and weeds near
Brownlee and Lipan where children were walking to George Evans Elementary School.
Mr. Noyola asked how often the directed patrol officers reported vacant lots with high weeds
and grass. He said vacant lots with high weeds and grass were a common sight nowadays, and code
enforcement needed to be more involved. City Manager Noe replied the wet weather has made it
difficult for city crews to keep up with the demand, but they were working to stay on top of the
problem. Commander Smith added the directed patrol officers and code enforcement officers
prioritize the lots in order of highest need.
Commander Smith reported the directed patrol officers also met with neighbors on a frequent
basis to identify and prioritize problem areas or buildings in their neighborhood. The officers tried
to respond to neighborhood concerns as quickly as possible.
Commander Smith reported on the directed patrol program's progress in other areas. In the
Neighborhood Initiative Program (NIP) Area #6, he reported directed patrol officers had organized
six drivers license check points. In the Northside Manor Initiative, 100 arrests were made from the
end of August through mid-September. He said the Police Athletic League was expecting more than
600 children to register for base baIl after Christmas.
Commander Smith discussed the progress of the Juvenile Enforcement Team (JET). Within
the last quarter, he said they had made 285 arrests, 105 of which were related to gang activity. Of
the 105 arrests, 50 were for felony offenses and 55 were for misdemeanors. The JET confiscated
24 firearms in this quarter, one of which was used in a homicide.
Chairman Bridges reported on the Juvenile Assessment Center. In FY 2004, she said the
Juvenile Assessment Center returned over 928 children to school, saving local school districts
approximately $1.6 million in ADA funding. In addition, 85 percent of the students processed
through the center have committed no additional offenses of any kind after intervention efforts.
More importantly, Ms. Bridges said out of I ,338 intakes at the center, there have been only 66 repeat
offenders, a recidivism rate of only 5.7 percent. She thanked the city for picking up the Title V
funding that was lost last year. Because of the continuing funding, the case management program
was able to continue without interruption.
Chairman Bridges reported on another area of concern for the board of directors, the
shortage of manpower on the police force. She said prior to the creation of the Crime Control
District, the city had authorized 395 police officers in their budget. Today, while the authorized
strength was 448, there were only 422 officers available. When the current academy was completed,
the number would increase by 15 officers to 437 officers. She noted, however, that the annual trends
for the past 15 years indicated a loss of approximately 18 officers. Thus, she said the city police
force would be short approximately II to 20 officers. She said if one looked at the entire eight year
period since the Crime Control District was formed in 1997, the police force has experienced a net
loss of eight officers. She said the district will continue to fund its 50 officers, but felt the city
needed to address the manpower shortage through future budgets and academies. City Manager Noe
Minutes - Regular Council Meeting
October 12,2004 - Page 10
replied staff has discussed ways to bolster the police force, possibly through an alternate hiring
process to hire individuals already possessing the necessary credentials who could begin patrolling
the street in as little as eight weeks. He said the typical police cadet would not begin patrolling the
streets until a year after hire.
Mr. Garrett shared the Crime Control District's concern about the shortage of manpower on
the police force. He suggested the city take aggressive action to increase the number of officers on
the police force, possibly by overhiring for a few years. City Manager Noe replied staff would do
what it could to address the problem within the city's financial resources. Mr. Noyola asked staff
to look at the overtime budgets of the police and fire departments as an indication whether there was
enough personnel.
* * * * * * * * * * * * *
The next presentation was Item 15, an update on the remaining Bond Issue 2000 projects.
City Engineer Angel Escobar discussed the status of street improvements funded through Bond Issue
2000 that had not been completed. First, the bond issue had funded the city share of cost
participation in TxDOT projects as follows: F .M. 624/U.S. 77 to F.M. 1889; McKinzie Road, Phase
2 - Haven to South City Limits; and Future TxDOT participation. He said these projects were
awaiting funding and construction timelines from TxDOT. He also said a number of street
improvements were ongoing efforts as follows: city share of street construction in new subdivisions;
street lighting; and guardrails/pedestrian bridges/school zones. Of the neighborhood street
reconstruction and resurfacing projects, he said the following projects were still under construction,
and he gave their completion dates: Laguna Shores - mid to late 2004; Up River Road - November
2004; Ayers Street - December 2004; Gollihar Road - December 2004; McArdle Road Phase 3 -
December 2004; Home Road - Mid 2005; and Yorktown Boulevard - Early 2005.
Mr. Escobar reported all the park and recreation projects were completed. He said all the
public health and safety facilities had also been completed except the public safety training facility.
He said it was still under construction, with a scheduled completion date of April 2005.
City Manager Noe reported on the history ofthe public safety training facility. He said Bond
2000 included Phase I of the project at an estimated cost of $1.7 million, including a police firing
range and a fire tower. The firing range was estimated to cost $1,269,362, and the fire tower was
estimated to cost $430,375. It was assumed the facility would be constructed and receive
infrastructure support from the Cefe Valenzuela landfill project.
During the implementation of Bond 2000, Mr. Noe said it became apparent the construction
of the Cefe Valenzuela landfill was being delayed to the point where it could no longer be the site
for the training facility. Since there were no funds available for land acquisition, staff made an effort
to find a suitable site which could be acquired with little or no cash.
Mr. Noe reported the initial focus was on a tract ofland in the vicinity ofHernes Ferry Road
and Carbon Plant Road that was owned by Flint Hills Resources. During the initial discussions, he
said staff believed it was possible to trade properly or surplus rights-of-way for the training facility
site without exchanging cash. He said, however, that after substantial negotiations, it became clear
that a non-cash transaction would not be possible. Staff began looking at other options. Mr. Noe
Minutes - Regular Council Meeting
October 12,2004 - Page II
said a site adjacent to the airport was explored for some time, but was discarded because of
excessive development costs.
Mr. Noe reported the decision was then made to return to the Flint Hills site and try to find
a way to pay for the cost of acquisition. Staff negotiated the acquisition of the two pad sites totaling
16.24 acres on which the firing range and fire training tower would be constructed, with an option
to purchase the balance of the property. The initial cost of the pads was $164,400, of which the city
paid $64,090 in cash and the balance by value to value trade of surplus city rights-of-way. The price
for the remainder of the tract was agreed to be $865,290. A two-year option on the remainder was
included for $1,000.
Mr. Noe stated as the city was concluding site negotiations and initiating the project design,
the public approved Del Mar College's $108 million bond issue in April 2003. Their package
included new training facilities for the fire training program at Del Mar including the construction
of a fire tower at the West Campus location. The college immediately opened up a dialogue with
city staff to potentially share the use ofthe various facilities.
Mr. Noe reported as the design of the city's public safety training facility progressed, it
became apparent that the budget could not support both the firing range and the fire tower. He said
the architect's estimate prior to construction documents was $2,536,276 (5/12/03), and the fire tower
comprised $1.4 million of that amount. He said he indicated to staff at this point that it would be
best to construct those facilities which would not duplicate facilities at Del Mar, and to work with
the college on a cooperative use arrangement for the remaining facilities. Thus, the decision was
made to recommend the city proceed with the construction of the firing range which was
unduplicated, and then secure the fire tower and the other training facilities through a cooperative
agreement with Del Mar College. On June 29, 2004, the Council acted to approve the contract with
Barcom Commercial to construct the firing range and other infrastructure improvements.
Mr. Chesney asked why the initial cost of the public safety training facility had increased
from $1.7 million in the Bond 2000 issue to $2.5 million in the most recent estimate provided by the
architect in 5/12/03. City Manager Noe replied the firing range estimates were still on target.
However, when the original $13 million project was reduced to $1.7 million, the estimate for the fire
tower only included the cost of the tower itself. He said the tower was not usable unless the site
included other site work. Mr. Noe said even if the city did have the money to build its own fire
tower, he would still recommend a cooperative agreement with Del Mar College for the use of their
fire training facilities.
Mr. Chesney stated it was imperative that the fire department have a training facility. He
asked a representative from Del Mar College whether he thought the facility would be readily
available for the city's fire training needs. Mr. Chris Black, EMS Program Director for Del Mac
College, replied the college had multiple training areas which were primarily used by their trainees
in the spring and summer. He said he could guarantee the city at least 20 hours a week for training,
but it would probably be higher. Mr. Chesney said he was curious to see how much training time
the TriData study would recommend for the city's firefighters. Mr. Chesney asked what type of
financial agreement had been made. Mr. Noe replied Del Mar College was asking for a donation
of the water required for the fire operations, and the city had agreed.
Minutes - Regular Council Meeting
October 12,2004 - Page 12
Mr. Chesney was concerned the city had secured an option to purchase the remaining land
at Flint Hills without any real need for it, despite the fact the citizens had approved bond funds to
build a training facility on it. City Manager Noe replied 100 percent of the funds had been used for
the design, land acquisition, and construction of the firing range. He said the city had no intention
of using the property for anything other than fire and police training. In fact, he said staff wanted
to continue the option to allow the city to purchase the rest of the tract to meet future public safety
training needs.
Mr. Chesney thanked staff for the phenomenal job they had done to complete the projects
in Bond 2000. He asked staff to work on finalizing the plan for the firing training facility to put
Bond 2000 behind us.
Mr. Noyola agreed with Mr. Chesney in that he thought 20 hours a week of training time was
insufficient. City Manager Noe replied that Fire Chief J.J. Adame thought this was sufficient. Mr.
Noyola spoke in support of securing the firefighters with their own training facility. He asked Chief
Adame to obtain more input from the firefighters on this matter.
Mr. Colmenero asked for a copy ofthe curriculum used to train firefighters. He also asked
staff to provide information on their plan to fund a fire training facility on the Flint Hills site.
Mayor Neal called for a brief recess to present proclamations.
*************
The Council returned from recess, and Mayor Neal called for petitions from the audience.
Mr. Sirfrederickvon USA King 7"', 905 Cleveland Street #4, spoke in favor of having off-duty
policeman drive the taxicabs at the airport to provide extra security. Mr. Wayne Hodge, 3626
Rodwood of the Corpus Christi Police Officers Association, spoke in support of implementing the
alternate hiring process to increase the police force.
The following individuals spoke in support of the current administration of NuP AC and
asked the Council to look into problems with the public access channel: Mr. Thomas Booker and
Mr. Arturo Garcia, 924 Leopard.
Mr. Gary Porter, 902 Hancock, and Ms. Cruz Colomo spoke against the Cable
Communication Commission's action to decertify the NuP AC board of directors.
Mr. Jack Gordy, 4118 Bray, spoke in support of the Cable Communication Commission's
decision to decertify the NuP AC board of directors.
Mr. Carsten E. Meyer, 924 Leopard, spoke regarding the importance of maintaining the
operation of Channel 10.
Mr. Richard Pulido, chairman of the Cable Communications Commission, spoke in support
of their decision to decertify the NuP AC board of directors because they had been unable to address
a number of outstanding problems over a six month period of time.
Minutes - Regular Council Meeting
October 12,2004 - Page 13
Mr. Carlos Torres with the Corpus Christi Firefighters Association stated the association was
against a joint training facility with Del Mar College. He also thanked Council Member Chesney
for touring all 16 fire stations.
*************
Mayor Neal called for a brief recess to hold the Corpus Christi Housing Finance Corporation
Meeting.
* * * * * * * * * * * * *
The Council returned from recess, and Mayor Neal opened discussion on Item 16, repealing
a number of street assessments. City Manager Noe explained HUD had previously allowed the city
to use CDBO funds as part of the street assessment program. In 2002, HUD decided to disallow this
use. This action would repeal those ordinances calling for street assessments and authorized the city
to return approximately $21,000 of assessments to those individuals who had paid them. There were
no comments from the public.
City Secretary Chapa explained that Item 16 needed to be separated into two actions - 16.a.
would repeal the ordinances calling for the assessments, and 16.b. would repeal Section 49.21 of the
city code of ordinances and refund the assessments. Mr. Scott made a motion to amend Item 16 as
stated by Mr. Chapa, seconded by Mr. Kinnison, and passed. City Secretary Chapa polled the
Council for their votes as follows:
16.a. ORDINANCE NO. 025987
Ordinance repealing Ordinance No. 024703 which imposes assessments and fixes liens on
property abutting improvements for Southmoreland Addition Street Phase 3A - Lewis Street
between Richard and Clemmer and 4A - Ramsey Street between Brawner Parkway and
Norton Street; repealing portions of Resolution No. 024623 which determines the necessity
for and ordering the improvements to Southmoreland Addition Street Phase 3A - Lewis
Street between Richard and Clemmer and 4A - Ramsey Street between Brawner Parkway
and Norton Street and which imposes assessments and directs filing of proposed
assessments; repealing portions of Resolution No. 024624 giving notice of proposed
assessments;
Repealing Ordinance No. 024288 which imposes assessments and fixes liens on property
abutting improvements for Omaha Drive - Interstate Highway 37 to Leopard Street;
repealing portions of Resolution No. 024246 which determines the necessity for and ordering
the improvements to Omaha Drive - Interstate Highway 37 to Leopard Street and which
imposes assessments and directs filing of proposed assessments; repealing portions of
Resolution No. 024247 giving notice of proposed assessments;
Repealing Ordinance No. 024729 which imposes assessments and fixes liens on property
abutting improvements for Hampshire Road from State Highway 358 to McBride Lane;
repealing portions of Resolution No. 024625 which determines the necessity for and ordering
the improvements to Hampshire Road from State Highway 358 to McBride Lane and which
Minutes - Regular Council Meeting
October 12, 2004 - Page 14
imposes assessments and directs filing of proposed assessments; repealing portions of
Resolution No. 024626 giving notice of proposed assessments;
Repealing Ordinance No. 024927 which imposes assessments and fixes liens on property
abutting improvements for Flour Bluff Area Street Improvements Phase 1 (Scotland Street -
N. A. S. Drive to Jane Street) (Webb Street - N. A. S. Drive to Jane Street) (Claride Street-
N. A. S. Drive to Mounts Street) (Jane Street - Jester Street to Claride Street) (Mounts Street
- Claride Street to Lakeside Drive); repealing portions of Resolution No. 024865 which
determines the necessity for and ordering the improvements to Flour Bluff Area Street
Improvements Phase 1 and which imposes assessments and directs filing of proposed
assessments; repealing portions of Resolution No. 024864 giving notice of proposed
assessments.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye".
16.b. ORDINANCE NO. 025988
Repealing Section 49.21 ( C. II )( I )-(4) Code of Ordinances, City of Corpus Christi;
providing for refunds of all assessments in these projects and release of all assessment liens.
An emergency was declared, and the foregoing ordinance was passed and approved as
amended with the following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly,
Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal opened discussion on Item 17 regarding an amendment to the dance hall permit
ordinance to reduce the fee for non-profit organizations from $500 to $50. There were no comments
from the public. Mr. Colmenero asked for a copy of the list of organizations that had registered with
the city as a dance hall. City Secretary Chapa polled the Council for their votes as follows:
17. ORDINANCE NO. 025989
Ordinance amending the Code of Ordinances Section 33-117 Permit Fees by revising the fee
structure for recognized non-profit organizations.
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 called for the City Manager's report. City Manager Noe reported the voter's
guide and a Frequently Asked Question (F AQ) sheet was now available. Mayor Neal encouraged
the city to distribute the guides to the public as widely as possible.
Mayor Neal called for Council concerns and reports. There were none.
Minutes - Regular Council Meeting
October 12,2004 - Page 15
There being no further business to come before the Council, Mayor Neal adjourned the
Council meeting at 1:15 p.m. on October 12,2004.
* * * * * * * * * * * * *
2
COUNCIL MEMORANDUM
RECOMMENDATION: (A) Motion approving supply agreements with the following companies for
the following amounts for water and wastewater treatment chemicals in accordance with Bid Invitation
No. BI-0012-05, based on low bid for an estimated six month expenditure of $939,930.80. The terms
of the contracts will be for six months with options to extend for up to nine additional six month
periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been
budgeted by the Water and Wastewater Departments in FY04-05.
Alti via
Houston, Texas
Liquid Chlorine
$240,300
DPC Industries
Corpus Christi. Texas
Liquid Caustic Soda
$439,180.90
Sodium Hypochlorite Solution
$260,449.90
Total: $939,930.80
(B) Motion approving a supply agreement with Carns Chemical Co., Peru, Illinois, for potassium
permanganate in accordance with Bid Invitation No. BI-0012-05, based on low bid for an estimated
annual expenditure of $347,287.50. The term of the contract will be for twelve months with an option
to extend for up to four additional twelve month periods subject to the approval of the supplier and the
City Manager or his designee. Funds have been budgeted by the Water Department in FY04-05.
Grand Total (A) & (B): $1,287,218.30
******************************************************************************
Purpose:
These chemicals are used in the production of our potable drinking water
and in the treatment of wastewater effluent. Liquid Chlorine, Liquid Caustic
Soda and Potassium Permanganate are used in the water production process.
Sodium HypocWorite Solution is used to treat wastewater effluent.
Previous Contracts
The City is currently extending the present supply agreements for the above
chemicals on a month to month agreement.
Contract Term
Liquid Chlorine, Liquid Caustic Soda & Sodium Hvpochlorite Solution
Six Months - Due to the tight supply of these chemicals, contracts will be
established for a six month period. This will allow staff to evaluate the
products on a six month cycle and rebid the contracts in the event of a
softening of the market.
Sodium Hypochlorite Solution - Twelve Months
Bid Invitations Issued: 22
Bids Received: 7
Basis of Award: Low Bid
Funding:
Water Department
520010-4010-31010
Liquid Chlorine, Liquid Caustic Soda,
Potassium Permanganate
Wastewater Department
520010-4200-33100
Sodium Hypochlorite Solution
------
Michael Barrera, .P.M.
Procurement & General Services Manager
$1,026,768.40
260.449.90
Grand Total: $1,287,218.30
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3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date:
October 19, 2004
AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to submit a grant application in
the amount of $22,000 to the Texas Department of Public Safety, Division of Emergency Management,
Hazardous Materials Emergency Preparedness Grant Program for public awareness brochures, production and
broadcast of infomercials, and conduct emergency response drills, with a City match of$4,400.
ISSUE: Hazardous chemicals are all around us and are part of our everyday lives. Whether they are
being manufactured, transported, stored or being used by us, they do pose a potential threat 10 our well being.
Local communities and its citizens have the basic responsibility in underslanding the risk potential involved.
The general public also needs to be educaled on what is the proper response to a chemical release or
emergency. Emergency responders need 10 conduct drills on a regular basis to test and updale emergency plans
and notification systems.
BACKGROUND: The Governor's Division of Emergency Management annually offers Hazardous Materials
Emergency Preparedness Planning grants for Local Emergency Planning Committees (LEPCs) in Texas. Our
LEPC depends on funding through these grants to conduct a "Spring Champaign" on public outreach about
hazardous materials and 10 conduct emergency response drills associaled with emergency preparedness plans.
REQUIRED COUNCIL ACTION: Approval of Resolution as presented.
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION: Slaffrecommends approval of the resolution authorizing
the City Manager, or his designee, to submit a grant application in the amount of $22,000 to the Texas
Department of Public Safety Division of Emergency Management for Hazardous Materials Emergency
Preparedness Planning which will require a 20% match of$4,400.
0........-.
Attachments:
1. Resolution
C:\Documents and Settings\MIS\My Documents\LEPC\Lepc ageda applic 2005.doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT
A GRANT APPLICATION IN THE AMOUNT OF $22,000 TO THE TEXAS
DEPARTMENT OF PUBLIC SAFETY, DIVISION OF EMERGENCY
MANAGEMENT, HAZARDOUS MATERIALS EMERGENCY
PREPAREDNESS GRANT PROGRAM FOR PUBLIC AWARENESS
BROCHURES, PRODUCTION AND BROADCAST OF INFOMERCIALS,
AND TO CONDUCT EMERGENCY RESPONSE DRILLS, WITH A CITY
MATCH OF $4,400.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to submit a grant
application in the amount of $22,000 to the Texas Department of Public Safety, Division
of Emergency Management, Hazardous Materials Emergency Preparedness Grant
Program for public awareness brochures, production and broadcast of infomercials, and
to conduct emergency response drills. The City match for this grant is $4,400.00.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED:
M ;';'<4-- /<: ,2004.
By: ~ /1-- ~
Joseph arney ()
Assistant City Attorney
For City Attorney
Reso-DPS-hazmat
2
Corpus Christi, Texas
of , 2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Reso-DPS-hazmal
4
CITY COUNCIL
AGENDA MEMORANDUM
Date: October 19,2004
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a grant in the amount of
$57,855 from the State of Texas, Criminal Justice Division for continuation funding
available under the Violence Against Women Act 01AWA) Fund and to execute all related
documents.
B. Ordinance appropriating $57,855 from the State of Texas, Criminal Justice Division in the
No. 1061 Police Grants Fund for continuation funding available under the Violence
Against Women Act (VAWA) Fund.
ISSUE: Fifth year funding has been awarded from the State of Texas, Criminal Justice Division,
under the Violence Against Women Act (VAWA) that provides funds to projects with the primary
mission of reducing and preventing violence against women
BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that
utilizes officers and volunteers to contact family violence vic1ims when a written report is made by
a field officer or from a walk-in to the unit at the Police Department. The grant funds one victim
case manager to contac1 victims who often fear retaliation and violence when the offender is
released following arrest; contact with an advocate (case manager) can provide information
conceming altematives, available services, and protective orders to avoid continued violence.
The case manager serves to establish and encourage a working relationship between social
agencies and the Police Department and provides educational opportunities to the community
through speaking engagements, distribution of literature, etc. An additional part time Staff
Assistant has been awarded to assist in the processing of Emergency Protective Orders.
The long term goal of the grant is to provide vic1ims of domestic violence and other serious
crimes with crisis intervention, follow up assistance, encourage cooperation with law
enforcement, facilitate utilization of available resources, and assist with immediate and long-term
safety needs.
REQUIRED COUNCIL ACTION: Accepting the grant award.
PREVIOUS COUNCIL ACTION: Approval to submit the application on 1/13/04.
FUNDING: The grant provides salary and benefits for one Victim Case Manager, an additional
part-time Staff Assistant, equipment, supplies, training, and mileage. The State provides $57,855
and the City $19,780 which may be an in-kind or a cash contribution. We are utilizing the
volunteer hours from other agencies Child Protec1ive Services, Police volunteers, etc. to provide
$9,600 toward the match. The law enforcement trust provides $10,180 for partial salary for the
staff assistant, training, travel, supplies and miscellaneous equipment. The funding is not on a
declining percentage or ending funding cycle.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant award.
cP~
P. Alvarez, Jr.
Chief of Police
RICK PERRY
GOVERl\TOR
STATE OF TEXAS
OFFICE OF THE GOVERNOR
Ci{IMINAL JUSTICE DIVISION
September 14, 2004
Mr. GeorgeK. Noe
Corpus Christi, City of
Post Office Box 9277
Corpus Christi, Texas 78469
Dear Mr. Noe:
I am pleased to announce a grant award for $57,855 to your organization for the following project:
Violence Against Women 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 positive 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 A ward 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,
'j)eR!J
Rick Perry
Governor
RP:kcn
15171-06
POST OFFICE Box 12428, AUSTIN, TEXAS 78711
(512) 463-1919 (VOICE) (512) 475-2440 (FAX)
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
GRANT ACCEPTANCE NOTICE
WF.04-V3o-15171-06 Corpus Christi, City of
Grant Acceptance:
This Acceptance Notice must be signed by the authorized official named on the grant and returned to the Criminal Justice Division (CJD)
by October 29. 2004.
Violence Against Women Act
1. I certify that I am authorized by the applicable governing body to accept. decline, alter, or tenninate this grant on behalf of the grantee.
2. If the grantee is not a state agency and the current authorized official is not accounted for in the resolution on file at CJD, I certify that a
new resolution has been included with the acceptance of this grant or will be submitted prior to the collection of grant funds.
3. I agree to the terms of the grant on behalf of the grantee, including Title 1, Part 1, Chapter 3, Texas Administrative Code and the
adoptions by reference therein.
4. I understand that the grantee is obligated to provide applicable match, as required by the terms of the grant.
5. I understand that a viofation of any term of the grant may result in CJD placing a temporary hold on grant funds, permanently de~
obligating all or part of the grant funds, requiring reimbursement for funds already spent, and/or barring the grantee from receiving future
CJD grant funds.
6. I understand that grant funds may be withheld until all special conditions placed on this grant are satisfied.
7. I understand that each grant official position must be occupied by a different individual.
8. I understand that any of the three grant offk;ials may request adjustments to the grant.
9. I understand that CJD must be notified in writing of any grant official change, which must include a sample signature of the new grant
official.
The authorized offU:ial for this grant must indicate agreement by signing the Acceptance Notice. The grantee will not
be eligible for any grant funds until this notice is executed and returned to CJD.
Signature of Authorized Official
Date
Verification of Information and Sample Signatures:
The grantee must verify all of the grant official's ktentifying information as listed below. If the information for any of the three officials is
incorrect, complete the Designation of Grant Officials Form found at http://www.govemor.state.tx.us. and return to CJD.
[j] YES Select YES if the all of the information below is correct, sign, and return to CJD.
[j] NO Select NO if any of the information below is incorrect, use the Designation of Grant Officials Form to notify CJD of the updated
information ONLY, sign, and return both completed forms to CJO.
Authorized Official
Name: Mr. Georae K. Noe
Address: Post Office Box 9277.
Position: City Manaaer
CltylSt/Zlp: Camus Christi. Texas 78469
Phone:
1361\ 880-3208
Fax: 1361\ 880-3839
Emall:
Georaen@cctexas.com
Proiect Director
Name: Chief Pete Alvarez
Address: Post Office Box 9016.
Position: Chief of Police
CltylSt/Zlp: Comus Christi Texas 78469
Phone:
(361) 886~2604
Fax: (361) 886-2607
Emall:
oetea@cctexas.com
Signature of Project Director
Date
Financial Officer
Name: Ms. Constance P. Sanchez
Address: Post Office Box 9277.
Phone: (361\ 880-3610 Fax: 1361\880-3801
Position:
Finance Director
CltylSt/Zlp: Comus Christi.. Texas 78469-9277
Emall: cindvo@cctexas.com
Signature of Financial Officer
Date
CJD Grant Manager: West, Vicki
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
STATEMENT OF GRANT AWARD
Grant Number:
Grantee Name:
Project Title:
Grant Period:
Program Fund:
Date Printed:
Date Awarded:
WF-04-V30-15171-06
Corpus Christi, Cily of
Violence Againsl Women Act
09/01/2004 - 08/31/2005
WF-Violence Againsl Women Acl (VAWA) Fund
9/24/2004
9/14/2004
CJD Award:
Grantee Cash Match:
Grantee In-Kind Match:
Total Project Cost:
$57,855
$10,180
$9,600
$77,635
The Governo~s Criminal Justice Division (CJD) has awarded lhe above-referenced grant. The approved budget is
reflected in lhe attached Budget Summary. The granlee agrees to comply with lhe provisions of the Governor's Criminal
Juslice Division's rules in Tille I, Part I, Chapter 3, Texas Adminislralive Code in eflect on lhe dale the grant is awarded
(as lisled above). By signing and submitting the Grantee Acceptance Notice to CJD, the granlee accepts the
responsibilily for the granl project and agrees wilh the conditions of grant funding. The grantee's funds shall be placed
on hold unlil the granlee has salisfied lhe requirements of lhe special condition(s), if any, ciled below.
Special Conditions and Requirements:
2004-Victims Services
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
OFFICE OF THE GOVERNOR
CRIMINAL JUSTICE DIVISION
APPROVED BUDGET SUMMARY
Grant Number:
Grantee:
Project Title:
Grant Period:
Funding Source:
WF-04-V30-15171-06
Corpus Christi, City of
Violence Against Women Act
09/01/2004 to 08/31/2005
WF-Violence Against Women Act (VAWA) Fund
Region: 2000
Date: 09/24/04
CJD Cash Match In-Kind TOTAL
A. Personnel: $50,746 $2,500 $9,600 $62,846
B. Contractual: $0 $0 $0 $0
C. Travel: $0 $1,180 $0 $1,180
D. Equipment: $0 $0 $0 $0
E. Construction: $0 $0 $0 $0
F. Supplies: $0 $6,500 $0 $6,500
G. Indirect: $7,109 $0 $0 $7,109
Total: $57,855 $10,180 $9,600 $77,635
Budget Detail:
A. Victim Case Manager (100%) $43,246
Staff Assistant (Part-Time)(100%) $10,000
Volunteers (100%) $9,600
C. In-State Travel and Training $1,180
F. Office Supplies $2,068
Communication Costs $432
Printing $2,000
Postage $2,000
G. 14.01% Indirect Costs $7,109
2004-Victims Services
Post Office Box 12428, Austin, Texas 78711 (512) 463-1919
ORDINANCE
APPROPRIATING A GRANT IN THE AMOUNT OF $57,855
FROM THE STATE OF TEXAS, CRIMINAL JUSTICE DIVISION,
IN THE NO. 1061 POLICE GRANTS FUND FOR CONTINUATION
OF FUNDING AVAILABLE UNDER THE VIOLENCE AGAINST
WOMEN ACT (VAWA) 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 $57,855 is appropriated in the No.
1061 Police Grants Fund from the State of Texas, Criminal Justice Division, for
continuation of funding available under the Violence Against Women Act (VAWA)
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
Samuel L. Neal, Jr.
Mayor
Approved: October 13,2004
~~~
Lisa Aguila
Assistant City Attorney
for City Attorney
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: Ilwe, 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: October 19, 2004
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to accept a two-year grant
in the amount of $207,080.92 from the U.S. Department of Justice, U. S.
Attorney's Office, Southern District of Texas for a Project Safe Neighborhoods
grant and to execute all related documents.
B. Ordinance appropriating $207,080.92 from the U.S. Department of Justice, U. S.
Attorney's Office, Southern District of Texas for a Project Safe Neighborhoods
grant in the No. 1061 Police Grants Fund.
ISSUE: The funds are available for projects designed to reduce gun violence in
communities.
BACKGROUND INFORMATION: The grant will enhance the capabilities of the Police
Forensic Firearms Unit with the hiring of an additional Firearms Examiner and the
purchase of a comparison microscope, a stereomicroscope, and additional training for
the examiner. The goals of the grant are:
. Eliminate the current backlog of firearms cases
· Increase the number of entries into NIBIN by 350 per year or 100% of all cases
analyzed
. Increase the cold hit rate in the firearms unit by 20%
The examiner will primarily focus on all firearms used in the commission of a crime and
enter the results into the National Integrated Ballistics Identification Network (NIB IN).
Currently there is a backlog of casework examinations as well as NIBIN entry due to a
lack of personnel. By increasing the number of cases entered into NIB IN, more gun
crimes can be solved, thereby removing criminals from the streets and providing an
increased protection for our neighborhoods. Additionally with the backlog eliminated,
the examiners can focus on proactive investigations with respect to firearms.
REQUIRED COUNCIL ACTION: Accepting the grant award.
FUNDING: The grant provides salary and benefits for an additional Firearms Examiner,
training and travel, and laboratory equipment There is no City match required.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant
award.
~a'" ,
Chief of Polic
I) U.S. Department of Justice
. United States Attorney's Office
Southern District of Texas
Mailing Address:
PO 80x 61129
Houston. Texas 77208-1129
Phone (713) 567-9000
Fax (713) 718-3300
Physical Location:
(Not a mailing address)
910 Travis Street, Suite 1500
Houston, Texas 77002
September 20, 2004
Corpus Christi Police Department
John Hornsby, Identification Division Supervisor
P.O. Box 9016
Corpus Christi, Texas 78469
Dear Mr. Hornsby:
As you know, the Corpus Christi Police Department was selected as a recipient of a Project Safe
Neighborhoods (PSN) grant in the amount of $207,080.92. To receive disbursement of those
funds, you must attend a mandatory meeting at the United States Attorney's Office in Houston on
Thursday, October 7,2004. Your individualized meeting will begin at 2:00 pm. Please plan
to spend 1 1/2 - 2 hours at my office.
Two individuals from Sam Houston State University (SHSU) will be presenting you with
information. Kristi Kreier, Director of Budget and Finance at SHSU, will discuss the grant billing
process, allowed expenditures and the processing of subcontracts. Carrie Butler, a SHSU
Assistant Professor and our PSN research partner, will discuss reporting requirements, the
importance of consistent data submission and how to provide process and outcome measures.
Meetings with each grantee are tightly scheduled throughout the day, so please be on time.
Remember to bring individuals familiar with the financial and data collection aspects of
your grant management.
Thank you for your cooperation and I look forward to seeing you on Thursday October 7th.
Sincerely,
~ '"', ! I
.i./n! !..-
k_ v I !
-)
SHANNON Vall
Assistant United States Attorney
Project Safe Neighborhoods Coordinator
Southern District of Texas
910 Travis Street, Suite 1500
Houston, Texas 77002
(713) 567-9377
ORDINANCE
APPROPRIATING A GRANT IN THE AMOUNT OF $207,080.92
FROM THE U.S. DEPARTMENT OF JUSTICE, U.S.
ATTORNEY'S OFFICE, SOUTHERN DISTRICT OF TEXAS FOR
A PROJECT SAFE NEIGHBORHOODS GRANT IN THE NO. 1061
POLICE GRANTS 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 $207,080.92 is appropriated in the
No. 1061 Police Grants Fund from U.S. Department of Justice, U.S. Attorney's
Office, Southern District of Texas, for a Project Safe Neighborhoods Grant in the
No. 1061 Police Grants 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
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved: October 13, 2004
Lisa Aguilar
Assistant City A orney
for City Attorney
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 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
6
AGENDA MEMORANDUM
October 19, 2004
SUBJECT: Garwood Water Supply Routing Plan - Phase 2
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the
engineering services contract with Freese and Nichols, Inc., of Fort Worth, Texas in an
amount not to exceed $285,490 for Garwood Water Supply Pipeline Routing Plan, Phase 2
services.
ISSUE: Three delivery options were identified during Phase 1. A detailed evaluation is
necessary to determine which option is most advantageous for the City.
FUNDING: Funding is available from the Water CIP Fund (Commercial Paper).
Zi:iD~~~AP:;~::O~fthe mO''';A: p ~~pI
Eduardo Gararia, P.E. j:::.0fl- Angel R. Escobar, P. E. '
Director of Water Services I I Director of Engineering Services
Attachments:
Exhibit A: Background
Exhibit B: Summary of Contract
Page 1 of 1
H :\HOMEIKEVINS\GEN\WA TER\GARWOODlPHASE2\AEAMD1 MEMO. DOC
BACKGROUND INFORMATION
SUBJECT: Garwood Water Supply Pipeline Routing (Project No. 8424)
ADDITIONAL INFORMATION:
A pipeline is necessary to deliver water purchased from the Garwood Irrigation
Company to Corpus Christi. The development of a routing plan involves a number of
complex tasks prior to the design and construction of the pipeline. Phase 1 services
have been completed which was a screening study of delivery options. The screening
studies explored eight options. It was recommended that the detailed study be made of
three options.
The three options recommended for detailed study are:
. Garwood Town Canal to Mustang Creek;
. Combined Facilities with LCRAlSAWS; and
. Gulf Coast I.D. Furbor Canal to Mary Rhodes Pipeline.
GARWOOD WATER RIGHTS:
In September 1992, the City of Corpus Christi entered into an option agreement for the
purchase of up to 35,000 acre-feet/year from the Garwood Irrigation Company. The
Garwood Irrigation Company (Garwood) held the most significant senior water right in
the Lower Colorado River Basin, with a priority date of November 1, 1900.
This water right authorized the diversion of 168,000 acre-feet/year from the Colorado
River at a maximum rate of 750 cfs, or 1,488 acre-feet per day. Most of Garwood's
service area lies outside the Colorado River Basin, and currently uses a large part of its
right for irrigation of land that is located in the Lavaca-Navidad River Basin. In 1993, the
Texas Natural Resource Conservation Commission (TNRCC) authorized an
amendment to Garwood's water right that allows for the use of 35,000 acre-feet of its
right to be used for municipal and industrial purposes.
On October 7, 1998, the TNRCC approved the City of Corpus Christi's purchase of the
35,000 acre-feet/year from the Garwood Irrigation Company, herein referred to as the
Garwood Purchase. The amendment of the certificate of adjudication authorizes the
City of Corpus Christi to divert 35,000 acre-feet/year from the Colorado River for
irrigation, municipal and industrial purpose at a rate not to exceed 150 cfs. The
certificate also subordinates the 35,000 acre-feet/year to the remaining portion of the
original Garwood Irrigation water right by giving it a priority date of November 2, 1900.
CONTRACT DESCRIPTION:
A contract summary is attached. See Exhibit B.
H :IHOMEIKEVI NSIGENIWA TERIGarwoodlPhase2\AEAMD1 BkgExhA. doc
BACKGROUND INFORMATION
SUBJECT: Garwood Water Supply Pipeline Routing (Project No. 8424)
ADDITIONAL INFORMATION:
A pipeline is necessary to deliver water purchased from the Garwood Irrigation
Company to Corpus Christi. The development of a routing plan involves a number of
complex tasks prior to the design and construction of the pipeline. Phase 1 services
have been completed which was a screening study of delivery options. The screening
studies explored eight options. It was recommended that the detailed study be made of
three options.
The three options recommended for detailed study are:
. Garwood Town Canal to Mustang Creek;
. Combined Facilities with LCRNSAWS; and
. Gulf Coast I.D. Furbor Canal to Mary Rhodes Pipeline.
GARWOOD WATER RIGHTS:
In September 1992, the City of Corpus Christi entered into an option agreement for the
purchase of up to 35,000 acre-feeUyear from the Garwood Irrigation Company. The
Garwood Irrigation Company (Garwood) held the most significant senior water right in
the Lower Colorado River Basin, with a priority date of November 1, 1900.
This water right authorized the diversion of 168,000 acre-feeUyear from the Colorado
River at a maximum rate of 750 cfs, or 1,488 acre-feet per day. Most of Garwood's
service area lies outside the Colorado River Basin, and currently uses a large part of its
right for irrigation of land that is located in the Lavaca-Navidad River Basin. In 1993, the
Texas Natural Resource Conservation Commission (TNRCC) authorized an
amendment to Garwood's water right that allows for the use of 35,000 acre-feet of its
right to be used for municipal and industrial purposes.
On October 7, 1998, the TNRCC approved the City of Corpus Christi's purchase of the
35,000 acre-feeUyear from the Garwood Irrigation Company, herein referred to as the
Garwood Purchase. The amendment of the certificate of adjudication authorizes the
City of Corpus Christi to divert 35,000 acre-feeUyear from the Colorado River for
irrigation, municipal and industrial purpose at a rate not to exceed 150 cfs. The
certificate also subordinates the 35,000 acre-feeUyear to the remaining portion of the
original Garwood Irrigation water right by giving it a priority date of November 2, 1900.
CONTRACT DESCRIPTION:
A contract summary is attached. See Exhibit B.
H:\HOME\KEVINS\GEN\WA TER\Garwood\Phase2\AEAMD 1 BkgExhA.doc
CONTRACT SUMMARY
1. Evaluate an option to partner with the Lower Colorado River Authority (LCRA) and the
San Antonio Water System (SAWS) to share pipeline, pump station andlor off-channel
storage facilities. This is referred to as Option 1 in the Phase 1 Screening Study. The
evaluation will include working with the LCRA and SAWS during the study period of their
project to determine if sharing facilities would be mutually beneficial to the parties
involved. If partnering is not feasible for the parties involved, the study efforts for Option
1 should be adapted to Option 5 or 6.
2. Evaluate an option to coordinate the delivery of water to Corpus Christi though the
existing Gulf Coast Irrigation District Intake Pump Station and Canal System. This is
referred to as Option 6 in the Phase 1 Screening Study. This will involve a review of the
existing pumping facilities, a loss analysis of the canals, a prelimary pipeline routing
study, and a pump station siting study.
3 Evaluate an option to coordinate the delivery of water to Corpus Christi though the
existing Garwood Irrigation District Intake Pump Station and Canal System, West
Mustang Creek and Lake Texana. This is referred to as Option 5 in the Phase 1
Screening Study. This will require determining the reliable delivery through Lake Texana
by studying the channel losses in West Mustang Creek and the evaporation losses in
Lake Texana. This will also include an in-depth evaluation of the permitting and water
rights requirements. Coordination with the Lavaca Navidad River Authority (LNRA) will
also be required to determine how the diversion through Lake Texana will effect
reservoir operations and contracting arrangements.
Phase 2A - Detailed Study of Delivery Option 5
PHASE 2B - Detailed Study of Delivery Option 1
PHASE 2C - Detailed Study of Delivery Option 6:
Permitting Sub-consultant:
The Consultant will employ the services of a sub-consultant to provide permitting support and
assist in exploring opportunities for partnerships. The sub-consultant will complete the following
tasks as part of the Amendment No.1 Fee:
ADDITIONAL SERVICES:
The following additional services will be undertaken by the Consultant only if directed by the City
Engineer or his representative.
Phase 2D - Permitting: If the chosen delivery option includes utilizing West Mustang
Creek and storage in Lake Texana (Option 5), then Phase 2D would include research and
acquisition of the required permits as well as revisions to the Corpus Christi Garwood Water
Right.
Phase 2E - Partnership Agreements: If Options 1, 5 or 6 are chosen as an option, then
Corpus Christi should develop any required partnership agreements with the entities
concurrent with or prior to Phase 3.
Descri tion
Ori inal Contract Fee
Amendment No.1 Fee
Total Fee
Fee
$116,100.00
TBN
TBN
TBN
TBN
TBN
TBN
$116,100.00
$152,532
$64,328
$68,630
$285,490
$401,590
7
AGENDA MEMORANDUM
DATE: October 19, 2004
SUBJECT: Minor Storm Drainage Improvements
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award Amendment NO.1 to
a Contract for Professional Services with Martinez, Guy and Maybik, Inc. of Corpus
Christi, Texas in the amount of $67,800 for a total restated fee of $92,760 for Minor
Storm Drainage Improvements at the following locations:
. Westview Drive Ditch
. Princess at Cardinal Drainage Improvements,
. Wood River and river Canyon Area Drainage Improvements,
· JesterlTurtle Cove Park Drainage Improvements, and
· Glenoak/Flour Bluff Drive Drainage Improvements, Phase 1
ISSUE: This contract will provide for design services to include various improvements to
properly drain these locations and alleviate serious flooding conditions.
.
FUNDING: Funds to finance the proposed project are available through the FY 2003-2004
Storm Water Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
(
fJ~
/.:1.1"
gel R. Escobar, P. E.,
irector of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C", Location Map
CIDocuments and SellingslUserlMy Documents\AGENDA MEMO-1duc
BACKGROUND INFORMATION
SUBJECT: Minor Storm Drainage Improvements at Various Locations
PRIOR COUNCIL ACTION:
1. February 10, 2004 - Approval of the Capital Improvement Budget FY 2003-2004
(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
engiQeering firms (28 local and 14 out-of-town).
3. March 15.2002 - Addendum No.2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26. 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28. 2002 - Addendum No.4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
6. September 30. 2004- Administrative approval of a small AlE agreement with
Martinez, Guy, Maybik, Inc. of Corpus Christi, Texas in the amount of $24,960 for
Minor Storm Drainage Improvements - Westview Drive Ditch.
PROJECT BACKGROUND: This project is part of the Council approved Storm Water
Capital Improvement Program's $55M list of priority projects. During the course of
developing the CIP priority listing, consultants were hired to assess drainage in
numerous areas throughout the City. Based on the data, evaluations and cost
estimates developed through the consultants, the City developed a priority listing for
implementation of the improvements. Through the RFQ process, the City requested
proposals and has opted to hire numerous consultants to complete the $55M CIP
projects. This contract includes improvements at the following locations:
1. Westview Drive Ditch Imps. (Project No.2222)
2. Princess at Cardinal Drainage Imps. (Project No. 2223) .
3. Wood River & River Canyon Area Drainage Imps. (Project No. 2240)
4. JesterlTurtle Cove Park Drainage Imps. (Project No. 2241)
5. GlenoaklFlour Bluff Drive Drainage Imps., Phase I (Project No. 2184)
C:\Documenls and Setlings\User\My Documents\AGENDA 8ACKGRQUNO.1.doc
EXHIBIT "A"
Pa e 1 of 4
Originally, the Westview Drive Ditch Improvement project was to be part of this contract,
but due to the area requiring immediate attention, the City initiated a small AlE contract
with Martinez, Guy & Maybik, Inc. to perform the necessary engineering and surveying
services to alleviate the serious drainage issues currently affecting Westview Drive
Ditch area. This contract will complete design and bid phase services necessary to
begin the repairs to the remaining priority areas.
PROJECT DESCRIPTION:
.
1. Westview Drive Ditch:
Location: Located south of Leopard Street, west of McKinzie Road, and east of Starlite
Lane.
Existing Conditions: The Westview Drive ditch runs southeast between Lots 16 and
17 in the Westview Terrace Subdivision, then turns south and runs along a 30-ft
drainage easement between lots along Larkwood Street and Emmord Loop. The ditch
terminates at a post inlet located behind Lot 14 on Sage Brush Drive. Westview Drive is
drained by a 10-ft wide concrete flume, and the ditch changes from concrete lined to
unlined earthen channel where it turns south.
Area residents have expressed a concern of poor drainage at the cul-de-sac where
drainage inflows to the existing flume. The property owner where the flume exists is
wanting the flume covered and an underground drainage system installed in its place.
Proposed Construction: To relieve current poor drainage conditions at the cul-de-sac
of Westview Drive located south of Leopard Street, west of Mckinzie Road, and east of
Starlite Lane, an existing 10-ft wide trapezoidal concrete flume will be removed and
replaced with an underground 36" RCP that will start at the upstream end at Westview
and continue south along an existing earthen channel to connect to an existing post
inlet located behind Larkwood Street between Lots 14 and 15. Approximately 550 LF of
36" RCP will be installed. Also required will be a curb inlet at Westview and 2 additional
post inlets along the drainage corridor between Westview and the existing post inlet
located behind Larkwood Street.
2. Princess at Cardinal DrainaQe Improvements:
Location: Located in the Rolling Acres Subdivision, south of Leopard Street and
approximately one mile west of Rand Morgan Road.
Existing Conditions: An existing 36-inch cross-road corrugated metal pipe (CMP)
extends approximately 300 LF along a drainage easement where it outfalls roughly 150
LF short of Turkey Creek. Said CMP has partially collapsed causing water to back up
along the street's right-of-way and neighboring properties. The timber outfall structure
at the pipes terminal end is in a dilapidated condition and at the CMP's inflow side (at
the south side of the road) does not have an end treatment that could lessen the effects
of a vehicle veering off the road towards the CMP inflow side.
EXHIBIT "A"
Pa e 2 of 4
C:\Documenls and SettingslUser\My Documents\AGENOA BACKGROUND-1doc
Proposed Construction: The proposed work shall include removing approximately 300
LF of existing 36" diameter CMP and replacing it with a reinforced concrete pipe (RCP)
of the same diameter size. At the inflow end at the south side of Princess, construct a
safety end treatment structure and regrade south side swales approximately 50 LF each
direction of inflow structure to insure adequate flow into said structure. Construct a
concrete headwall structure at the outfall end of the 36" RCP along with concrete riprap
leading into a wooded area where drainage will surface flow towards Turkey Creek.
3. Wood River and River Canyon Area DrainaQe Improvements:
This area of improvements consists of three sub-parts:
a. Catfish Drive cul-de-sac:
Existing Conditions: The Catfish Drive cul-de-sac is experiencing water ponding due
to the subsidence of the cul-de-sac's west end curb and gutter section causing difficulty
for drainage to reach an existing curb inlet located at the cul-de-sac east side. This
results in water ponding at the cul-de-sac.
.
Proposed Construction: Construct a curb inlet at the east side of the cul-de-sac and
reconstruct curb and gutter section and driveways around the cul-de-sac to insure
adequate drainage to said proposed curb inlet and an existing curb inlet located at the
west side of the cul-de-sac. Provide a 15" RCP lead from proposed curb inlet to
existing curb inlet and construct a storm manhole structure at an intermediate point
between the two curb inlets. Regrade and restore flexible asphalt pavement structure to
improve drainage to the curb inlets.
b. River Canvon, Unit II, Block 1. Lot 30:
Existing Conditions: The existing storm water drainage system conveys runoff from
the Catfish Drive area via a 15-inch RCP between two houses on Catfish Drive, down a
sloping area behind said homes, and along a corridor drainage easement to Rolling
Ridge Trail. Three of the manholes and post inlet shown on record drawings are
believed to be buried below grade.
Proposed Construction: Restore existing storm drainage system leading from Catfish
Drive cul-de-sac (through a drainage easement) down a slope along a vacant lot and
connecting to the existing drainage system along Rolling Ridge Trail. A closed circuit
television s,urvey will be conducted to locate and allow the uncovering of the three
buried manholes/post inlets that exist in said vacant lot. These structures will be raised
and their underground drainage conduits reinstalled to match restored and final grade
conditions.
c. Wood River. 4249 Rapids Drive:
Existing Conditions: A local resident has expressed concerns that small rain events
are causing high levels of runoff to flow down an existing 5' wide, 6" deep concrete
flume located along the side of the resident's property.
C:\Documents and SettingslUser\My Documents\AGENOA BACKGRQUND-1.doc
EXHIBIT "A"
Pa e 3 of 4
Proposed Construction: Construct approximately a 150 ft long by 5' wide and 6" deep
concrete outflow flume along a proposed drainage easement (between Lots 11 and 12)
located south and upstream from 4249 Rapids Drive (Lot 13). This is needed so as to
relieve high levels of drainage currently flowing along an existing flume at the subject
address between Lots 13 and 14. This new relief flume will discharge into Wood River
Ditch #2 as does the existing flume.
4. JesterlTurtle Cove Park DrainaQe Improvements:
Existing Conditions: Jester Street between Flour Bluff Drive and McDonald is lower
than its intersecting street at Flour Bluff Drive causing water to pond severely along
Jester Street and not permitting said drainage to flow into the Flour Bluff Drive drainage
ditch system that concludes at an existing grate inlet structure located at Matlock Street.
Proposed Construction: Provide approximately 1,300 LF of new RCP underground
drainage system along the east side of Flour Bluff Drive beginning at Jester Street
(upstream) and concluding at an existing grate inlet structure at Matlock Street. This
system will replace existing roadside ditches located along the same side of Flour Bluff
Drive and would relieve poor drainage conditions occurring at the upstream end at
Jester between Flour Bluff Drive and McDonald Street. Other work shall include the
construction of 3 grate inlet structures with concrete aprons; tie-in to existing grate inlet
at Matlock; reconstruction of 15 driveways; and regrade approximately 200 LF of Jester
Street and provide a cross-road culvert under Jester that will connect to the proposed
underground drainage system.
5. GlenoaklFlour Bluff Drive DrainaQe Improvements Phase I:
Existing Conditions: Storm water runoff from the intersecting streets is not contained
within the ~treet right-of-way by the existing roadside ditches. The elevation of the
cross-road culverts is such that water stands in the area for long periods.
Proposed Construction: Lower the cross-road culverts to relieve poor roadside
drainage conditions at the intersection of Glenoak and Four Bluff. A total of 5 cross-
road culverts will be adjusted. Also required is the regrading of approximately 100 LF of
the east side ditch along Flour Bluff Drive north of Glenoak and 100 LF of the north and
south side ditches along Glenoak east of Flour Bluff Drive.
For construction purpose, this project has been divided into two (2) parts:
Group A:
1. Westview Drive Ditch Imps. (Project No.2222)
Group B:
1. Princess at Cardinal Drainage Imps. (Project No. 2223)
2. Wood River & River Canyon Area Drainage Imps. (Project No. 2240)
3. JesterlTurtle Cove Park Drainage Imps. (Project No. 2241)
4. GlenoaklFlour Bluff Drive Drainage Imps., Phase I (Project No. 2184)
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHIBIT "A"
Pa e 4 of 4
C:\Do<.:urnents and Settings\User\My Documenls\..4..GENDA BACKGROUND-1.doc
CONTRACT SUMMARY
AMENDMENT NO.1
TO CONTRACT FOR PROFESSIONAL SERVICES
CONTRACT FOR PROFESSIONAL SERVICES
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces
County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director of
Engineering Services) and Martinez, Guy & Maybik, Inc., a Texas corporation, 4444 Corona Drive, Suite
242, Corpus Christi, Nueces County, Texas 78411, (Architect/Engineer - AlE), hereby agree as authorized
by the small AlE contract dated September 14,2004.
1. SCOPE OF PROJECT: Minor Storm Drainage Improvements listed as follows:
Westview Drive Ditch (#2222)
Princess at Cardinal (#2223)
Wood River and River Canyon (#2240)
Jester/Turtle Cove Park (#2241)
Glenoak/Flour Bluff Drive (#2184)
1. Westview Drive Draina!!e Improvements (Project No. 2222): The proposed work shall include
removing an existing 1 O-ft wide trapezoidal concrete flume and replaced with an underground 36" RCP that
will start at the upstream end at Westview and continue south along an existing earthen channel to connect to
an existing post inlet located behind Larkwood Street between Lots 14 and 15. Approximately 550 LF of36"
RCP will be installed. Also required will be a curb inlet at Westview and two (2) additional post inlets along
the drainage corridor between Westview and the existing post inlet located behind Larkwood Street.
2. Princess at Cardinal Draina!!e Improvements (Project No. 2223): The proposed work shall include
removing approximately 300 If of existing 36" diameter CMP and replacing it with RCP conduit of the same
diameter size. Construct a concrete headwall structure at the outfall end of the 36" RCP along with concrete
rip rap leading into a wooded area where drainage will surface flow towards Turkey Creek.
3. Wood River and River Canyon Area Draina!!e Improvements (Project No. 2240): This area of
improvements consists of three (3) sub-parts:
a. Catfish Drive cul-de-sac: Construct a new curb inlet at the east side of the cul-de-sac and reconstruct
curb and gutter section and driveways around the cul-de-sac to insure adequate drainage to said new curb inlet
and an existihg curb inlet located at the west side of the cul-de-sac. Provide 15" RCP from proposed curb
inlet to existing curb inlet. Regrade and restore flexible asphalt pavement structure to improve drainage to the
curb inlets.
b. River Canyon, Unit II, Block 1, Lot 30: Restore existing storm drainage system leading from
Catfish Drive cul-de-sac (through a drainage easement) to Rolling Ridge Trail. Locate and uncover three (3)
buried manholes/post inlets located in easement. Said structures will be raised and their underground
drainage conduits reinstalled to match restored and final grade conditions.
EXHIBIT "B"
Page 1 of4
C:\Documenls and SeIUngs\User\My DocumenlslConlracl Summary-ldoc
c. Wood River - 4249 Rapids Drive: Construct approximately alSO ft long by 5' wide and 6" deep
concrete outflow flume along a proposed drainage easement (between Lots 11 and 12) located south and
upstream from 4249 Rapids Drive (Lot 13 ). This is needed so as to relieve high levels of drainage currently
flowing along an existing flume at the subject address between Lots 13 and 14.
4. Jester/T,\rtle Cove Park Drainal!e Improvements (Project No. 2241): Provide approximately 1,300
LF of new RCP underground drainage system along the east side of Flour Bluff Drive beginning at Jester
Street (upstream) and concluding at an existing grate inlet structure at Matlock Street. This system will
replace existing roadside ditches located along the same side of Flour Bluff Drive and would relieve poor
drainage conditions occurring at the upstream end at Jester between Flour Bluff Drive and McDonald Street.
5. GlenoaklFlour Bluff Drive Drainal!e Improvements, Phase I (Project No. 2184): Lower five (5) cross-
road culverts to relieve poor roadside drainage conditions at the intersection of Glenoak and Flour Bluff.
2. SCHEDULE: This project will be split into two (2) construction contracts. The first is Group A and will
consist of the Improvements at the following sites:
Group A:
1. Westview Drive Drainage Improvements (Project No. 2222)
PROPOSED PROJECT SCHEDULE
DAY DATE ACTIVITY
Wednesday Septemberl5,2004 Begin Preliminary Phase
Wednesqay October 20, 2004 Preliminary Phase Submittal
Friday November 12, 2004 60% Submittal
Friday November 26, 2004 City Review (2 weeks)
Friday December 10, 2004 100% Submittal
Monday (2) December 27,2004 Advertise for Bids
Wednesday January12,2005 Pre-Bid Conference
Wednesday January 19, 2005 Receive Bids
Monday April II, 2005 Begin Construction
Friday September II, 2005 Construction Completion
Group B:
1. Princess at Cardinal Drainage Improvements (Project No. 2223)
2. Wood River and River Canyon Area Drainage Improvements (Project No. 2240)
3. Jester/Turtle Cove Park Drainage Improvements (Project No. 2241)
4. GlenoaklFlour Bluff Drive Drainage Improvements Phase I (Project No. 2184)
EXHIBIT "B"
Page 2 of 4
C:\Oocuments and Sellings\User\My Documents\Conlract Summary-1doc
PROPOSED PROJECT SCHEDULE
DAY DATE ACTIVITY
Wednesday October 20, 2004 Begin Preliminary Phase
Wednesday December 15,2004 Begin Design Phase
Friday January 21, 2005 60% Submittal
Friday February 04,2005 City Review (2 weeks)
Friday March 18, 2005 100% Submittal
Friday April 0 1,2005 City Review
Friday April 15,2005 Final Submittal
Monday (2) April 25, 2005 Advertise for Bids
Wednesday May 04, 2005 Pre-Bid Conference
Wednesday May 11, 2005 Receive Bids
Monday June 06, 2005 Begin Construction
Friday November II, 2005 Construction Completion
3. FEES: The City will pay the AlE a not-to-exceed fee as per the table below:
EXHIBIT "B"
Page 3 of 4
C:\Documents and Seltings\UserlMy DocumentslConlract Summary.l.doc
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GLEN OAK / FLOUR BLUFF DRIVE
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8
CITY COUNCIL
AGENDA MEMORANDUM
October 19,2004
AGENDA ITEM: Resolution recognizing the public necessity of acquiring fee simple title
to a tract of land containing 1,693.14 square feet out of Lot 20, Block 1, Guth Parkside
Addition, known as Parcel 1, from the owner, Jim Srp, Jr., for the construction of street
improvements in connection with the Rand Morgan Road (Leopard to IH37) Street
Improvement Project (#6241) and other municipal purposes, and authorizing acquisition
by means of negotiations or eminent domain proceedings by the City of Corpus Christi in
acquiring the land.
ISSUE: The City of Corpus Christi and the Texas Department of Transportation (TxDOT)
intend to enter into an agreement to widen the current pavement of Rand Morgan Road
(FM2292) between IH 37 and Leopard Street. In order for TxDOT to build the street
improvements, it is necessary for the City to acquire three strips of land within this section
in order to produce a uniform minimum width of 90 feet. Two parcels have been acquired
to date and one remains to be acquired. City Land Acquisition staff has negotiated in
good faith with the landowner, Mr. Jim Srp, Jr., for the needed right-of-way. The
landowner has rejected the City's offers and negotiations have reached an impasse. City
Council approval to utilize eminent domain proceedings is requested.
RECOMMENDATION: Approval of the resolution as presented.
(
J.#I ~ /t1/pf-
-I/ii R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B
Exhibit C.
Exhibit D
Background Information
Parcel Location Map
Right-of-Way Map with setback area
Resolution
H:\HOME\EU8EBIOG\GEN\Agenda Items\Rand Morgan 81. Imps.8rp\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Rand Morgan Rd. (IH37 to Leopard) Street Improvement Project (#6241)
Parcel 1. Resolution Authorizing Condemnation
PRIOR COUNCIL ACTION: None
FUTURE COUNCIL ACTION: Council will be required to authorize the payment of any
special commissioner awards due to condemnation proceedings.
OVERVIEW:
Backaround: The City has met with the Texas Department of Transportation (TxDOT) to
plan the future widening and improvement of Rand Morgan Road between IH37 and
leopard Street. The City land Acquisition Division will acquire three parcels of land, each
ten feet in width, in order to produce a uniform width of 90 feet along this section of Rand
Morgan. TxDOT will be responsible for the funding and construction of the street
improvements including curb, gutter, and paving. A proposed street cross section
consisting of three lanes is planned for the first phase of construction. The ultimate section,
as per the Transportation Master Plan, calls for five lanes, two in each direction with a
center turn lane.
Parcel Description: Parcel 1 is located at 9401 Morrow Drive which is at the corner of
Morrow Drive and Rand Morgan Road as shown on the attached Exhibit B. The parcel
contains 1,693.14 square feet and is approximately 10 foot wide by 150 foot long and is out
of Lot 1, Block 1, Guth Parkside Addition. The City will acquire this area in fee simple to
provide a 90-foot width on Rand Morgan Road, which is required for construction. This lot
contains a platted 10-foot set back along its east side. The City's 10-foot right of way
taking will take up and this setback area. Within the parcel are considerable landscaping,
fencing, and a storage building, which after the taking, will extend beyond the new right of
way line by about a foot. A map showing the placement of the building and its
encroachment is attached as Exhibit C.
Land ACQuisition: This Parcel was appraised by Mr. Marion F. Curington, ASA, in the
amount of $4,119.00, which includes land, landscaping, and for a 2-ft. portion of storage
building that needs to be removed. The owner, Mr. Jim Srp, Jr. rejected the original offer
as being insufficient. After considerable negotiation with Mr. Srp, the City offered to pay the
expense of removing the encroaching part of the building. The City obtained a contractor's
proposal to remove a 4-ft. section of the building to provide an added setback that Mr. Srp
desired. The City then offered to pay the contractor's proposal ($14,244), in addition to the
original land and landscaping values. Mr. Srp rejected this offer and has produced a final
counter-offer well in excess of the amount offered by the City. Negotiations have reached
an impasse and staff requests authorization to initiate eminent domain proceedings.
H:\HOME\EUSEBIOG\GEN\Agenda Items\Rand Morgan St. Imps.SrpIBackground.doc
Exhibit A
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CITY PROJECT No. 6241
PARCEL LOCA nON
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CITY OF CORPUS CHRISTI TEXAS
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CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERViCES
PAGE: 1 of 1
DATE: 10-8-2004
NUECES BAY
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PARCEL 1: RIGHT-OF-WAY MAP
EXHIBITC
RESOLUTION
RECOGNIZING THE PUBLIC NECESSITY OF ACQUIRING FEE
SIMPLE TITLE TO A TRACT OF LAND CONTAINING 1,693.14
SQUARE FEET OUT OF LOT 20, BLOCK 1, GUTH PARKSIDE
ADDITION, KNOWN AS PARCEL 1, FROM THE OWNER JIM
SRP, JR., FOR THE CONSTRUCTION OF STREET
IMPROVEMENTS IN CONNECTION WITH THE RAND MORGAN
ROAD (LEOPARD TO IH 37) STREET IMPROVEMENT
PROJECT (#6241) AND OTHER MUNICIPAL PURPOSES; AND
AUTHORIZING ACQUISITION BY MEANS OF NEGOTIATIONS
OR EMINENT DOMAIN PROCEEDINGS BY THE CITY OF
CORPUS CHRISTI IN ACQUIRING THE LAND.
WHEREAS, the City of Corpus Christi ("City") has implemented a street
improvement project, known as the Rand Morgan Road Street Improvement
Project, for public street improvements that service the City.
WHEREAS, the project has entered into the acquisition phase.
WHEREAS, there is a public necessity for this project and for the acquisition of
property rights, consisting of fee simple title in a parcel of land that will be used
for this project, as shown and described in Exhibit "An.
WHEREAS, the City is a municipal corporation and under Texas eminent domain
laws has the right to acquire fee title in the parcel of land for the street
improvement project and for other municipal purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, City Attorney, and agents of the City, are
authorized to acquire, either by negotiated purchase or by condemnation
proceedings under Texas law, the fee title in the parcel of land, known as Parcel
1, containing 1,693.14 square feet out of Lot 20, Block 1, Guth Parkside Addition,
from the owner Jim Srp, Jr., as shown and described in Exhibit "A", for the Rand
Morgan Road Street Improvement Project, and for other municipal purposes.
SECTION 2. That public necessity requires the acquisition of property rights,
consisting of fee title in said parcel of land, save and except the City seeks to
acquire no oil, gas, and mineral rights.
SECTION 3. That the City Manager, City Attorney and agents of the City are
authorized and directed to take such action as in their judgment is necessary in
connection with the filing and handling of any condemnation case for the
acquisition of said parcel of land.
RESo..'
SECTION 4. That this resolution shall take effect immediately from and after its
passage.
ATTEST:
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved as to form on .
()(.-lvj "y j ') ,2004
By:
~~Ih/
Joseph Har y , 0
Assistant City Attorney
For City Attorney
RESO-l
day of _ , 2004.
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier D. Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
RESO- j .;
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LOCA TION MAP
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~XHIBIT
CITY COUNCIL EXHIBIT
DEPARP,.{[NT OF ENGINEfRfNG SERVlCES
PAGE: 1 of 1
DATE: 10-8-2004
NUECES BAY
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EXHIBIT
9
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: October 19, 2004
AGENDA ITEM:
Resolution authorizing the Mayor or the Mayor's designee to execute an amendment to
the Interlocal Cooperation Agreement with Nueces County relating to the approval of
plats within the extraterritorial jurisdiction (ET J) of the City of Corpus Christi.
ISSUE:
Recent adoption of the Interlocal Cooperation Agreement between the City of Corpus
Christi and Nueces County authorizes the City of Corpus Christi to administer the
platting of all property located within those portions of the City's extraterritorial
jurisdiction that are within Nueces County. The Interlocal Cooperation Agreement has
brought to light recent platting issues relating to the County's review and approval of
infrastructure plans prior to plat recordation.
Specifically, the amendment of the Interlocal Cooperation Agreement will provide the
County Engineer with plat application, infrastructure plans and specification, and an
appropriate cover letter stating date, time, and place of all staff plat meetings relating to
the plats in the ET J. It will also provide for specific timelines for comments from the
County Engineer on submitted plats and provide for copies of approved plats, drainage
and roadway plans to the Nueces County Department of Public Works at the time of
filing with the County Clerk
REQUIRED COUNCIL ACTION:
The adoption of the resolution to amend the Interlocal Cooperation Agreement between the
City of Corpus Christi and Nueces County.
PREVIOUS ACTION:
Julv 2004-Planning Commission recommends amendment to the Interlocal Cooperation
Agreement between the City of Corpus Christi and Nueces County.
May 2003-Resolution authorizing the Mayor or Mayor's designee to execute an interlocal
cooperation agreement with Nueces County.
FUNDING:
N/A
CONCLUSION AND RECOMMENDATION:
Staff recommends passage of the resolution authorizing amendment to the Interlocal
Cooperation Agreement between the City of Corpus Christi and Nueces County.
'B A Bailey, I
Director of De opment Services
Attachments: RESOLUTION, INTERLOCAL AGREEMENT, PROPOSED DRAFT AMENDMENT
BACKGROUND INFORMATION
Additional Information:
On May 28,2003, the City and County entered into an Interlocal Cooperation Agreement
relating to the approval of subdivision plats within the extraterritorial jurisdiction (ET J) of the
City of Corpus Christi.
The original intent of the agreement is to limit conflict in areas of overlapping
jurisdictions. In particular, the City and County jointly agreed that the City would enforce
the most stringent regulations of each jurisdiction. Recently, the County alerted the City
that our process of following plat approval with infrastructure plans is inconsistent with
the County process
The County requires infrastructure plans to be submitted as part of the final plat
package We are, accordingly placing the item on the agenda for Council consideration.
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INTERLOCAl AGREEMENT
BETWEEN THE CITY Of CORPUS CHRISTI
AND NUECES COUNTY
RElAl1NG TO THE APPROVAL OF PLATS
WlllIlN THE EXTRATERRITORIAL JURISDICTION OF
THE CITY OF CORPUS CHRISTI
STATE OF TEXAS S
S
COUNlY OF NUECES ~
I. PARTIES. 1he parties to this Intertocal Agreemerc 81"8 Nuec:es County. Texas
("Oolnty"). a political subdivision of the State of T exes and the City of Corpus Christi
(uy" a Texas home rule municipality.
U. PURPOSE.
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A In a continuing effort to consolidate activities wi1hIn the afJPrOlJriate jwisdiction
in order to promote effICiency in local ~ the City and the County
mutually agree that the City of Corpus Ctvtsti shalllldr'M lister the platting of 811
property located witI1kl those portions of 1he City's ex1rak.rritorial juriadiction that
are wiIlin Nueoes Cotny.
B. The parties enter into this Intertocal Agreement amer the T exes Goverruner-.
Code Chapter 791 (tnter1ocal Cooperation Act) and under Ile terms of Texas
local GoYemment Code S242.001(c). By the InterIocaI Agt'eenvn the County
deleg8tes to the City the administration of Chapter 232 of the Texas local
Government Code wilhin those portions of the CRy-a extraterritorial jurisdiction
that 818 within Nueces County, subject, to the terms and exceptions of this
Inter10cal Agreement.
III. TERM. The term of this Inter1oca1 Agreement commences on the date when last
patty to this 'nterlocal Agreement affIxes the author'ized signaUes and extends for one
(1) year from the d$te of that signature. Unless terminated under Section VII. this
Intw10cal Agr~ shall automatically renew annually on the emiversary date of the
conmencement of this lnter1oc:al Agreement.
N. AUTHORIlY TO THE CITY. The City is delegated the authority to administer the
provisions of Chapter 232 of the Texas local Govemmenl Code within those portions of
the City's extraterritorial jurisdiction that are within Nueces Colnty.
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A The City's Planning Director is authorized to:
1. Accept an plat applications for tracts of land located in the City's
extraterritorial ;..nsdiction.
2003-454
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NUNes COUBty
2. Collect both the City's and County's ptat application fees in 8 'l.mp-SWn
amount
3. Provide applicants one response indicating approval or denial of their
plat application
B. The City shall pay to the County 811 County plat application fees collected on a
quarterly basis.
V. RULES GOVERNING PLATTING UNDER THIS INTERLOCAl AGREEMENT.
A The City shalt comply with the applicable provisions of the following
regulations when platting property within those portions of its extraterritorial
jurisdiction that are within Nueces COU'lty.:
1. Texas local Government COde Chapter 212, as amended.
2. Texas local Government Code Chapter 232. .8 amended.
3. The City's Platting Ordinance. as amended.
4. Nueoes Cot.riy Convniaaloners C<Ut Order retating to approving plaia
for recording, dated September 27, 1983, recot ded In Nueces County in
Volume 23, Page 181.
5. Nueoes COlI1ty SUbdivision Regulations, adopted by Nueoes County
CommissionGr$ Cou1 Order on March 29, 2000, as 8rriended by Nueces
COU"lty COrTYTlissioners Court Order dated August 9. 2000.
6. Any other statutes applicable to l1llI'licipalitiea and COU1ties that may
be enforced in the City's extraterritorial jurisdiction.
B. If the existing rTUllcipal regulation or county regulation relating to plats and
the subdivision of land conflict, the more stringent regulation apprteS.
C. If the City requires a plat to be filed for the subdivision of a partiaJlar tract cI
land in the City's extraterritorial jurisdiction, but the County does not. the property
may not be subdivided until a plat is approved by the City.
D. If the County requires a plat to be filed for the subdivision of 8 partiaJlar tract
of land in the City's extraterritorial jurisdiction, but the City does not. the property
may not be subdivided until a plat is approved by the City.
E. The City shall prepare a consolidated set of regulations that identifl8S the
most stringent requirements currently required by either ).Iisdiction. The
consolidated regulations must be appended to this tnterlocal Agreement 8S
Appendix A
El.MfTERlOCAl...cl.wlO4OI2003
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F. The administrative procedures in \he City's Platting Ordinance will be used to
the processing of pial applications and requests for variances.
VI. CITY PLANNING COMMISSION. The parties agree that the PIMning Con-mission
of the City of Corpus Christi will ad for the City of Corpus Ctvilti in administering
Chapter 232 of the T exes local Government Code, including the granting of variances.
Appeals from an action by the City Planning Commission may be made to the City
Council under the City Char1er_
VII. DEDICATION OF PUBLIC IMPROVEMENTS. The approval of a plat of land
JoeJated within those portions of the City's extraterritorial jU"isdiction that are within
Nueoes County under this Interlocal Agreement does not constitute acceptance of the
dedication of any public it"flX"ovements by the Nueces County Commissioners' Ccut.
AtI8r fle public improvements have been installed End Inspected by both the City and
County designated representatives, an application for acceptance of the dedication
must be made to the Commissioners' Court.
VI. TERMINATION.
A The partie$ agree that either party may terminate thia Interlocal AQreement
without cause on the annual anniversary date by provicing sixty (60) days prior
written notice of their intent to terminate this Intertocal Agreement.
B. Upon termination, all authority to administer Chapter 232 of the Texas local
Government Code within those areas of the City's extraterritorial jurisdiction thai
are within Hueces County revert to the County.
VII. MISCEllANEOUS PROVISIONS.
A Notice. Notice required by this Inter10cal Agreement may be given or served
by depositing the notice in the United Stales Mail, in certified or registered fonn,
postage prepaid, addressed to the other party, or by delivering the notice in
person to the other party. Notice deposited in the United States Mail in the
manner prescribed in this subsection is effective upon deposit The addresses of
the parties are:
City of Corpus Christi, Texas
Attention: City Manager
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Nuece. County
Attention: Nueces County Judge
Nueces County Courthouse
901 Leopard Street Room 303
Corpus Christi, Texas 78401
El JlifTERL0CAl.cl.n04012003
B. Effect of Waivers. No waiver by either party of any default. violation, or
breach of the terms, provisions, and covenants contained in this Inter10cal
Agreement may be deemed or construed to constitute 8 waiver of any other
violation or breach of any of the terms, provisions, and covenants of this
Interlocal Agreement.
C Only Agreement between Parties. Ths Inter10cal Agreement constitutes 1he
only agreement of the parties relating to the administration of administration of
and enforcement authority under Chapter 212,232. and 242 of the Texas local
Government Code and supersedes any understandings or written or oral
agreements between the parties respecting the subject matter of this Interlocal
Agreement. Any changes or modifICations to this lnter10cal Agreement roost be
made in writing and approved by the governing bodies or both perties.
O. Amendment of Interlocal Agreement. This Interlocal Agreement may be
amended at any time. Any amendment to this Intel10cal Agreement must be in
writing and agreed to by the governing bodies of the parties. No officer or
employee of any of the parties has authority to waive or otherM$8 modify the
limitations in this tnterlocal Agreement, without the express action of the
governing body of the party.
E. Not For Benefit of Third Parties. This Inter10cal Agreement and all activities
under this Inlerlocal Agreement are solely for the benefit of the perties and not
the benefit of any third parties.
F. Exercise of Police Powers. This lnter10cal Agreement and all activities under
this InterlocaJ Agreement are undertaken solely as an exercise of the police
power of the parties, exercised for the health, safety, and welfare of the public
generally, and not for the benefit of any particular person Of persons. The parties
do not have and may not be deemed to have any duty to any Particular person or
persons.
G. Immunities Not Waived. Nothing in this Inlenocal Agreement is watvea any
governmental, official, or other immunity or defense d any of the parties or their
otrlC8fS, employees, representatives, and agents 8S 8 result d the execution of
this Intertocal Agreement and the performance of the covenants contained in this
Inter10cal Agreement.
H. No Civil Liability to Other Party. One party may not be responsible to and
may not be civilly liable to another party for any act or omission under this
Interlocal ~ Each party waives all daims against the other party for
compensation for any loss, damage, personal injury, or death 0CCUTing 8S 8
consequence of the performance of this InterlocaJ Agreement.
l. Captions. Captions to provisions of this Intertocal Agreement are for
convenience and shall not be considered in the interpretation of the provisions.
ElIIKTERL~2003
J. Fiscal Obligations. Each party which performs services or furnishes aid under
this lnterloc8l Agreement must do so with flMlds avaBabIe from current revenues
of the party. No party has any liability for the faiture to expend fund$ to provide
aid under this Inter10cal Agreement.
K Intertocal Cooperation Act Applies. The parties agree that activities under this
Inter10cal Agreement are -governmental functions and services. and that the
parties are -local governments. as that term is defined in this lnter10cal
Agreement and in the Intertocal Cooperation Ad.
l. Entirety of Agreement. This Inter10cal Agreement contains all commitments
and agreements of the partie$ with respect to the platting of property within the
City or Corpus Christi's extraterritorial jurisdiction. No OCher oral or written
commitments of the parties with respect 10 the platting of property within the City
of Corpus Christrs extraterritorial jurisdidion may have any force or effect if not
oontained in this Intertocal Agreement
M. Severability. If any provision contained in this Intertocal Agreement is held
invalid for any reason, the invalidity does not affect oCher provisions of the
Inter10cal Agreement that can be given effect without the invalid provision, and to
this end the provisions of this Interlocal Agreement are severable.
N. Validity and Enforceability. If any current or fUhKe legal limitations affect the
validity or erlorceability of a provision of this Inter10cal Aoreement. then the legal
rmitations are made 8 part of this Inter10cal Agreement and operate to amend
this Interlocal Agreement to the minimum extent n&cesS8'y to bring this Intertocal
Agreement into confonnity with the requirements of the limitations, and so
modified, this Interlocal Agreement continues in futt force and effect.
O. Warranty. The Inlerlocal Agreement has been officially authorized by the
governing body of each party, and each signatory guarantees and warrants that
the signatory has full authority to execute this Interlocal Ageement and to legally
bind the respective party to this Interlocal Agreement.
P. Governing Laws. This Inler10cal Agreement shall be governed by the laws of
the State d T exu.
O. Venue. Venue for an action arising under this tntertocal Agreement is in
Nueces County, Texas.
E1'JltTERl~2OO!
APPROVED AS TO LEGAl FORM: This~day of /1/d-7 .2003.
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109 ity Attorney
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Terry Shamsie
County Judge
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Oo\.nty Attorney
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A ~~ . CIty Secretary
ET JlNTERl0CAl.deen0401 2003
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Adine City Manager
NUECESCOUNTY.TEXAS
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2003.
APPENDIX A
~t Required
The owner must plat the portions of a tract that are subdivided into parts that are 5
acres or less in size. The plat does not need to include any part greater than five 8a'es
ttl1It has access to a public road, if no public improvement are being dedicated.
The owner must plat it the owner subdivides a tract into two or more parts that are
greater than 10 acres and includes streets, alleys, squares. parks. or other parts of the
tract intended to be dedicated to public use or for the use of purchasers or owners of
lots fronting on or aqacent to the streets, alleys, squares. parks, or other parts.
The owner must plat if owner subdivides a tract into two or more parts that are greater
ttwl 5 acres, but not greater than 10 acres. unless:
The land is used primarily for agricultural use or for farm, ranch. wildlife
management. or timber production use;
The tract is arvided Into four or fewer parts and the parts are IOId., given, or
otherwise transferred to an incflVidual who is related to the owner within the third
degree of consanguinity or affinity;
All of the lots ere sold to veterans through the Veterans' land Board program;
The tract is owned by the state or other state agency. board, or cornrnission or
owned by the permanent schoof fund or any other dedicated funds of the state;
The owner of the land is a political subdivision of the state. the land is situated in
B flood plain. and the lots are sold to adjacenllandowners;
One new part Is to be retained by the owner, and the other new part is to be
transferred to another person who will further sl:bdivide the tract subject to the
plat approval requirements; or
All parts of the tract are transferred to persons Who owned an \Xldivided interest
in the original tract, and a plat is filed before any further development of any part
of the tract.
Subdivision ct a tract includes any division, regarcless of whether it is made by using B
metes and bounds desaiption in a deed of conveyance or in a contract for a deed, by
using a contract of sale, purchase option rentaf agreement, or other executory contract
to oonvey, or by using any other method.
No land may be divided and sold or conveyed until the Subdivider receives approval of
a Final Plat of the tract and files the plat with the County CI~ for recordation in the
Map Records of the County
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The Commissioners Court detennines whether it will accept any dedications.
Approval of a plat does not impose any duty upon the County concerning maintenance
of improvements included in any dedication.
The Commissioners COI.It delennines which dedications will be accepted for County
maintenance after the Owner maintenance period has expired.
lanc:l used for a manufactured home rental community, whidl is not subdivided, must
have an infrastructure development plan prepared that complies with the Countts
mir*num infrastructure standards.
A Manufactured Home Rental Community is a peat or tract of land that is
separated into two or more spaces or lots that are rented, leaSed, or offered for
rent or lease, for a term of less than 60 months wittlo\1 a purchase option, for the
installation of manufactured homes for use and occupancy as residences.
A computer floppy disk or CD-ROM with a file in AutoCAD format (.dwg) of the layout of
the lots and streets (to scale and with state plane coordinates) must submitted for
incorporation into the County.wide map.
Plat Proc....ng
City's procedures will be followed. The City will provide the Cotny Engineer with 8
copy of all plat applications l4>Orl receipt
· groundwater is the source of water supply for the subdivision, each purchase contract
ntade between the owner and purchaser of land in the subdivision must contain a
statement desa1"bing the eX1ent to which water will be made available to the subdivision
and if it will be made available, how and when.
REQUIREMENTS FOR ACTUAl PLAT DOCUMENT
1'he plat shall be drawn on first quality paper or Mylar film, 18" x 24" maximum size
sheet, in India ink; to a scale of one inch equals one hundred feet (1": 100'), or larger
with all fiou"es and letters legible, 8nd the whole proper for filing for record in the Office
of the County Clerk, with the following information gjyen:
The title or name by whidl the subdrvision is to be identified, North point. the scale
sho\w1 graphically, and the name and seal of the registered profeSSional engineer or
state licensed or registered land surveyor responsible.
A detinite legal description and identification of the tract being subdivided, this
description shall be sufficient for requirements of titte examination. The plat shall be 8
descriptive diagram drawn to scale, and shall show by reference that the subdivision is
a particular portion or part of a previously filed plat or recognized grant or partition.
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Where the area platted as 8 subdivision to a city or town, COVering parts of Iot8 or blocks
in a recorded subdivision or partition of an original SlKVey, the aaeage taken from each
of the said lots or blocks shall be clearly stated on the pial
The boundaries of the subdivided property, the location or designation of all streeta,
alleva, parks and other areas intended to be dedicated or deeded to the public use,
shall be shown with the proper dimensions and bearings. The boundaies of the
subdivision shall be indicated by a heavy line and shall be tied by dimension to the
center1ines of all existing boundary streets or roads, or lines of established swveys With
such other date furnished to locate the subOlVision on the ground.
The plat shall show all block, lot and street boundary lines. Blocks and loI.s shall be
nlM\bered or lettered consecutively. The width of all streets shan be shown, rneasurac:t
at right angles or radially. where curved.
Accurate dimensions, both linear and angular, of an ;tems on the plat shan be shown.
linear dimensions shall be shown in feet and decimals of a foot; angular dimenaions
shtll be shown by bearing, all principal lines shall be fulty desaibed and all ~
information given; circular curves shall be defined by ectuallength of radius and not by
deGree of curve. The arc definition of 8 curve shall be used in en computations.
The location and desaiption of all lot comers, reference points and begiming and end
points, (P.C. & P.T.) of all CUVes, shall be marked with 5111' iron pipes 24" to 30" long,
set flush with the ground shall be used for block comers.
A certificate of dedications, duly acknowledged, on eft roads or streets, public highways,
utiII)' easements, parb. drainage easements, and all other land intended for pubOc use
sh8l1 be shown on the plat A thirty-foot (30') minimum drainage easement shall be
shown on the plat, fifteen feet (15') minimum each side of the centernne of all gulleya,
ravines, draws, sloughs, etc., in the subdivision.
A certificate of ownership in fee of all land embraced in the subdivision, and of the
aulMmticity of the plat and dedication, signed and acknowledged by ell ovmera of any
interest in said land. The acknowIadgemem shall be in the form required in Ihe
corweyance of real estate. Approval and acceptance of arr lien holders shall be
included.
H the subdrvisK>n is located in an area not served by a sanitary sewer system and septic
ta",- are to be used, a certificate of approval from the City-County Health Department
shal be required. If sewer lines ere available and of sufficient size to be used. location
shel be showing on drawings and arrangements for tying on shall be made.
REGUlATION OF lOT SIZE
lots shall be a minimum of five thousand (5,000) square feet except lots that require
septic tanks must be a minimum of ~ aae if served by a public water supply, and one
acre if not served by a public water supply. An lots, so far as practical, shall have their
side lines at right angles 10 the road on which they face, or radial to Cla'Ved road lines.
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Comer lots for residential use shatl have extra width to permit appropriate buildings set
beck from both streets.
STREET STANDARDS
Arterial, or main thoroughfare roads are to be provided where, in the judgment of the
City's Director of Engineering Service~; they are necessary and shall have a minimum
right-of-way of eighty (80) feet.
eollector roads through the subdivisions shall have a minimum right-.of-way width Of
sixty feet (60') and shall provide trl1ampered circulation through the subdivision and
adjoining subdivision.
In the event that a roadway is to cover an original survey comer, a marker shall be set
on an offset at the right of way line. TIle maf1(.er must be made of 6-inch diameter
ooncrete and three feet long. The top of the marker shall be flush with the ground and
heve a brass plate with an '"X" on it. In addition to this a three-foot pipe with 8 minimum
diameter 01 one inch (1") shall be set six inches (6") below the ground n the right-of-way
line and approximately 20 feet from the concrete mafker. These markers shall be
shown on the plat with the angle and distance to the original survey comer.
Where an existing road is continued into a new slbdivision, the right-d-way in the new
subdivision shall not be of less width than the right-of-way of the existing road.
Roads shall be laid out so as to intersect as nearty 8S possible at right angles.
Road jogs with center1ine offset5 of less than one hundred twenty-five feet (125') shall
be avoided.
Property lines at road intersections &hell be rounded with a radius of ten feet (10') or of
a greater radius where deemed necessary by the City's Director of Engineering
Services.
Dead end roads, designed to be so permanently, shall not be longer than five hundred
feet (500') and shall be provided at the closed end with 8 cuI-oe-&aC (turn around)
having an outside roadway diameter of at least eighty (80) feet and a street right-of-way
diameter of at least one tuldrad feet (1 (0).
Roads that are 8 continuation of an existing road shall take the name of the existing
roed.
\l\l")ere part of a road has been dedicated in an adjoining subdivision adjacent to, and
along, the common property line of the two subdivisions, the same width, or wider. right-
of.way must be dedicated in the new subdivision as was dedicated in the existing
subdivision.
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All arterial, main thoroughfare and collector roads shall be as straight as possible. with 8
maximum of five (5) degree curve being permitted, except at intersections; minor f'08ds
through residential areas may have a maximum of len (10) degree curve.
Roads shan be platted so thai continuation of said roads may be made in future
subdivisions.
Provision must be made for the extension of main thoroughfare; be" loops d main
county roads, etc., where required by the City's Director of Engineering Services.
A map shan be submitted to the City's Director of Engineering Services on a scale of not
more than two hundred feet (200) per inch, and certified to as to ac:aracy by the
engineer, or survey. preparing the plat, showing reasonable detail. the location and
wiCIth of existing streets, roads, lots and similar fads regarding all property immediately
acteoent thereto; also the connecting between the new and the existing subdivisions. If
U_e are no adjacent SUbdivisions, then an accurate map must be submJtted showing
ownership of all adjacent property. location and distance of the nearest subdivision, and
how the roads in the subdivision offered for record may conned With those in the
neerest subdivision
PrClfiIes drawn to scale adequate to show the eXisting ground line and proposed grades
of fmished center1ine of all roads. and flowline grade of all ditdles; must be submitted to
the City's Director of Engineering Services prior to plat approval.
ROBdway and drainage plans shall be prepared by 8 Registered Professional EngInew
(Texas Registration)
RoecJway & Paving Standards - The City's right-of-way and street pavement standards
wi. apply.
Street Markers - Two road or street name signs having the following specifications shall
be erected at all street intersections in the subdivision for street markers:
Signs shall be constructed of one of the following materials: 4" x 4" POsts. either
treated or untreated, painted white and using 2" standard height letters, giving
the official street or road name or number, or
The street name sign shall be of the cross-arm type, and shall be reftectorized on
aluminum metal blanks. Posts shalf be metal or wood (Minimum 2" round
galvanized if the former and 4- square redwood, cedar or Southern yellow pine if
the latter) and shall be 12' long, with at leasl2'6" in the ground. If 8 "stop" or
"yield" sign is also on the post. it shall be placed SO as to not affect the legibility
of the name. It shall be 7' minimum from the bottom of the sign to 1he ground
line
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DRAINAGE STANDARDS
Profites drawn to scale adequate 10 show the existing ground line and proposed grades
of fmished centerline of all roads, and flowline grade of all ditches; must be submitted to
the Director of Engineering Services prior to plat approval.
Roadway and drainage plans shall be prepared by a Registered Professional Engineer
(Texas Registration)
tn subdivisions where there is no curb & gutter, drainage shall be by roadway ditches,
aoss ditches, or swales. A map shall be submitted to the City's Director of Engineering
Services showing direction of flow, acreage and all necessary drainage caloJlations.
Ditches must have a minimum grade of 0.1' per 100. Ditch side slopes shan not be
steeper than four to one (4 to 1). Pipes shan be placed where required to provide
necessary drainage under drives, sidewalks, cross drains, etc. In all instances
celaJlations shall be shown for each drain, but in no instance shall the pipe used be less
than eighteen inches (18M) diameter. Drainage sketches, referred to above, shall show
the drainage carried to its logical point of disposal. Drainage shall not be dumped on
the adjoining tract or road to the detriment of that tract or road. All necessary
eesements shaU be provided and ditch work done 85 an integral part of the subdivision
being prepared. A subdivision may not be built in the mouth of 8 large gulley, creek,
m-aw or swale area. where heavy rains would cause damage to existing or
oontemplated improvements. This prohibition also applies to installing streets. paving or
oIh<< improvements in a new subdivision where the Increased runoff will damage
ekisting improvements below the street, paving, or imprOW;M'1'lenl Contours of not more
than five fool (51) intervals in hilly land, or one foot (1') intervals in flat land. or in land
that is at a twelve foot (12') elevation or less, &hatl be shown on this map.
When a plat involving roads, drainage or utility work shall have been approved and filed
for record, then such roads, drainage or utility work shall be completed and accepted
within six (6) calendar months from the date of acceptance. In case of inclement
weather and upon application and approval, up to six (6) months extension may be
granted.
A note shan be placed on the plat, where applicable, requiring building floor elevation to
be constructed six inche.$ (6"') above the nearest roadway, or higher, if deemed
necessary by City's Director of Engineering Services.
Subdivisions that are located in a flood zone on the "Flood Hazard Boundary Map" for
Nueces County will have the following requirements:
Permanent type berlctvnarb shall be set in appropriate locations with the description
and elevation shown on the ptat
A note on the plat stating "A flood permi1 will be required from Nueces County for
building structures."
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AI subdivision proposals shalt be consistent with Section 0 of the Nueces COU'lty Flood
Damage Prevention Ordinance.
ConlOUf'5 at one-foot (1') intervals shall be shown on the plat.
If the City requires curbs, gutters, and undergrOUnd drainage systems, the City wi.
meintain the curbs. gutters, 8nd underground drainage system at the same level of
service as provided inside the City limits.
OTHER REQUIREMENTS
A oertificate from each Tax Collector of a political subdivision In which propeIty Is
located must accompany the plat to be recorded showing that all taxes are paid.
A certificate of title or title insurance on the subdivision must be furnished showing
ownership of property and al"iens against sale.
ENFORCEMENT
AI. the request of 1he City, the County Attorney may file an action in 8 Court of
competent)Jriscf1Ction 10 enjoin the violation or threatened violation of the requirements
estabfished by or adopted under the inlerIocaJ agreement or to recover damages in 811
aRkQlt adequate for the county 10 undertake any construction or other activity
necessary 10 bring about compliance with the requirements established by the platting
requirement
A person commits an offense if the person knowingly or intentionally violates a
requirement established by or adopted lnder this intenocal agreemem. The offense is
a Class B misdemeanor punishable by a flOe of not more than One Thousand Dollars
($1.000) and/or a jail sentence of not more than one hundred eighty (180) days.
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STAlE OF TEXAS
COUNTY Of NUECES_1s - \. umtIlI WilS Fl\ EO IIll~c Numbef
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C(~~)] ------COUNTY CLERK
~ NUECES COUNTY. TOOS
7
- _. --.-.- -
RESOLUTION
AUTHORIZING THE MA VOR OR THE MA VORiS DESIGNEE TO
EXECUTE AN AMENDMENT TO THE INTERLOCAL COOPERATION
AGREEMENT WITH NUECES COUNTY RELATING TO THE
APPROVAL OF PLATS WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF CORPUS CHRISTI
NOW, THEREFORE, BE IT RESOLVED BV THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The Mayor or the Mayor's designee is authorized to execute an
amendment to the interlocal cooperation agreement with Nueces County relating to the
approval of plats within the extraterritorial jurisdiction of the City of Corpus Christi.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Samuel L. Neal, Jr.
Mayor
APPROVED: 06bf,~ j..f , 2004.
~(h/
Joseph arney 0
Assistant City Attorney
For City Attorney
Resol-lntAg-Cty
2
Corpus Christi, Texas
______ of_____ ,2004
The above resolution was passed by the following vote:
Samuel L. Neal, Jr.
Brent Chesney
Javier 0 Colmenero
Melody Cooper
Henry Garrett
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Resol-lnlAg-Cly
"..
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI
AND NUECES COUNTY
RELATING TO THE APPROVAL OF PLATS
WITHIN THE EXTRATERRITORIAL JURISDICTION OF
THE CITY OF CORPUS CHRISTI
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
WHEREAS, under Section VIII.D. of the lnterlocal Agreement between the City of
Corpus Christi ("City") and Nueces County ("County") relating to the approval of plats
within the extraterritorial jurisdiction of the City of Corpus Christi, executed on May 28,
2003 ("Interlocal Agreement"). the County and the City can amend the Interlocal
Agreement by mutual consent of their governing bodies.
WHEREAS, the City Council and Commissioners Court agree to modify the Interlocal
Agreement by revising Appendix A, the consolidated set of regulations that identifies the
most stringent requirements currently required by either jurisdiction.
The Interlocal Agreement is amended by revising Appendix A, which is attached to and
incorporated into this amendment. Appendix A constitutes the consolidated set of
regulations that identifies the most stringent requirements currently required by either
jurisdiction.
Upon and after the date of execution of this First Amendment to the Interlocal
Agreement ("First Amendment"), all references to the "Interlocal Agreement" in that
document and any related document mean the Interlocal Agreement as modified by this
First Amendment. The Interlocal Agreement shall consist of the Original Agreement,
together with all documents incorporated by reference in the Interlocal Agreement,
except it does not include Appendix A, as it existed when the Interlocal Agreement was
executed on May 28. 2003. this First Amendment, and Appendix A, as revised by this
First Amendment.
These documents shall constitute the entire Agreement of the parties.
Except as provided in this First Amendment, execution of this First Amendment does
not amend, modify, or supplement any other provision of, or constitute a consent to, or
waiver of, any noncompliance with the provisions of the Inter/ocal Agreement. Except
as specifically provided in this First Amendment. the Agreement shall remain in full force
and effect
EXECUTED in duplicate originals this
day of___
,2004.
ATTEST
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
APPROVED AS TO LEGAL FORM. This__ day of
,2004.
R. Jay Reining
First Assistant City Attorney
For City Attorney
ATTEST
NUECES COUNTY, TEXAS
Emest Briones
County Clerk
Terry Shamsie
County Judge
APPROVED AS TO LEGAL FORM This __ day of
,2003.
Laura Garza Jimenez
County Attorney
APPENDIX A
LPlat Required
L The owner must plat the portions of a tract that are subdivided into parts that are 5
acres or less in size. The plat does not need to include any part greater than five acres
that has access to a public road, if no public improvement are being dedicated.
L The owner must plat if the owner subdivides a tract into two or more parts that are
greater than 10 acres and includes streets, alleys, squares, parks, or other parts of the
tract intended to be dedicated to public use or for the use of purchasers or owners of
lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts.
L The owner must plat if owner subdivides a tract into two or more parts that are
greater than 5 acres, but not greater than 10 acres, unless:
1..ll The land is used primarily for agricultural use or for farm, ranch, wildlife
management, or timber production use;
.Ql The tract is divided into four or fewer parts and the parts are sold, given, or
otherwise transferred to an individual who is related to the owner within the third
degree of consanguinity or affinity;
lliAIl of the lots are sold to veterans through the Veterans' Land Board program;
Hi The tract is owned by the state or other state agency, board, or commission
or owned by the permanent school fund or any other dedicated funds of the
state;
fu The owner of the land is a political subdivision of the state, the land is situated
in a flood plain, and the lots are sold to adjacent landowners;
illlOne new part is to be retained by the owner, and the other new part is to be
transferred to another person who will further subdivide the tract subject to the
plat approval requirements, or
iZlAII parts of the tract are transferred to persons who owned an undivided
interest in the onginal tract, and a plat is filed before any further development of
any part of the tract
LSubdivision of a tract includes any division, regardless of whether it is made by using
a metes and bounds description in a deed of conveyance or in a contract for a deed, by
using a contract of sale, purchase option rental agreement or other executory contract
to convey, or by using any other method.
LNo land may be diVided and sold or conveyed until the Subdivider receives approval
of a Final Plat of the tract and files the plat with the County Clerk, for recordation in the
Map Records of the County
RevisedAppendixA04212004 doc
1
L The Commissioners Court determines whether it will accept any dedications.
LApproval of a plat does not impose any duty upon the County concerning
maintenance of improvements included in any dedication.
!:L. The Commissioners Court determines which dedications will be accepted for County
maintenance after the Owner maintenance period has expired.
LLand used for a manufactured home rental community, which is not subdivided, must
have an infrastructure development plan prepared that complies with the County's
minimum infrastructure standards
iliA Manufactured Home Rental Community is a plot or tract of land that is
separated into two or more spaces or lots that are rented, leased, or offered for
rent or lease, for a term of less than 60 months without a purchase option, for the
installation of manufactured homes for use and occupancy as residences.
LA computer floppy disk or CD-ROM with a file in AutoCAD format (.dwg) of the layout
of the lots and streets (to scale and with state plane coordinates) must submitted for
incorporation into the County-wide map.
~Plat Processing
a. Generally. the City's procedures will be followed, however, the City will modify its
procedures as follows:
(1) The City will require the applicant for any plat within the City's extraterritorial
jurisdiction to submit sufficient copies of the enqineerinq drawinqs and
specifications for all infrastructure improvements. includinq drainaqe and road
plans, for review by the City Staff. City enqineer. and other utilities usinq the road
riqhts-of-way and utility easements.
m. The City will provide the County Engineer with a copy of all plat applications~
includinq any submitted infrastructure plans and specification. and with an
apPropriate cover letter notina the status of the plat application and any
deadlines for review, ~within two workina days of receipt. The cover letter
should provide notice of the time and place of any Staff Plat review and Planning
Commission meetinas at which the plat will be considered.
(3) The County Enqineer will provide any comments on the plat and the proposed
infrastructure improvements to the City's Director of Development Services within
two weeks of receipt of the plat application. unless another review time is
mutually agreed upon.
(4 After the Staff Plats meetinq, the Director of Development Services will
forward to the County Enqineer a copy of any written comments and the notes of
any verbal comments from the City staff and utilities to the applicant at the Staff
Plats meeting,
RevisedAppendixA04212004. doc
2
(5) The Director of Development Services will forward to the County Enqineer
notice of any chanqes to the plat that were required on the plat by the City Staff
or Planninq Commission prior to their submission to the Planninq Commission.
(6) City and County review comments of both the plat and infrastructure plans,
includinq drainaqe improvement plans and road plans, will be incorporated into
revisions to the various documents, except as noted in subparaqraph 7 of this
paraqraph, before the plat is submitted to the Planninq Commission with a
recommendation for approval of the plat.
(7) If either the City or the County obiects to any review comments or revisions,
prior to final plat acceptance, the obiections must be resolved by means of a
meetinq(s) of the appropriate City and County representatives.
(8) If the applicant has not made or aqreed to make all of the chanqes requested
by the City and County, the Director of Development Services will recommend
disapproval of the plat by the Planninq Commission.
(9) The Director of Development Services shall furnish a copy of the plat and
documents filed with the County Clerk, alonq with a copy of any drainaqe and
roadway plans, to the Nueces County Department of Public Works once the plat
is filed with the County Clerk..
Llf groundwater is the source of water supply for the subdivision, each purchase
contract made between the owner and purchaser of land in the subdivision must contain
a statement describing the extent to which water will be made available to the
subdivision and if it will be made available, how and when.
~REQUIREMENTS FOR ACTUAL PLAT DOCUMENT
L The plat shall be drawn on first quality paper or Mylar film, 18" x 24" maximum size
sheet, in India ink; to a scale of one inch equals one hundred feet (1"= 100'), or larger
with all figures and letters legible, and the whole proper for filing for record in the Office
of the County Clerk, with the following information given:
L The title or name by which the subdivision is to be identified, North point, the scale
shown graphically, and the name and seal of the registered professional engineer or
state licensed or registered land surveyor responsible.
~A definite legal description and identification of the tract being subdivided, this
description shall be sufficient for requirements of title examination. The plat shall be a
descriptive diagram drawn to scale, and shall show by reference that the subdivision is
a particular portion or part of a preViously filed plat or recognized grant or partition.
LWhere the area platted as a subdivision to a city or town, covering parts of lots or
blocks in a recorded subdivision or partition of an original survey, the acreage taken
from each of the said lots or blocks shall be clearly stated on the plat.
RevisedAppendixA04212004dOC
3
L The boundaries of the subdivided property, the location or designation of all streets,
alleys, parks and other areas intended to be dedicated or deeded to the public use,
shall be shown with the proper dimensions and bearings. The boundaries of the
subdivision shall be indicated by a heavy line and shall be tied by dimension to the
centerlines of all existing boundary streets or roads, or lines of established surveys with
such other data furnished to locate the subdivision on the ground.
L The plat shall show all block, lot and street boundary lines. Blocks and lots shall be
numbered or lettered consecutively. The Width of all streets shall be shown, measured
at right angles or radially, where curved.
9:.-Accurate dimensions, both linear and angular, of all items on the plat shall be shown.
Linear dimensions shall be shown in feet and decimals of a foot; angular dimensions
shall be shown by bearing, all principal lines shall be fully described and all essential
information given; circular curves shall be defined by actual length of radius and not by
degree of curve. The arc definition of a curve shall be used in all computations.
L The location and description of all lot corners, reference points and beginning and
end points, (P.C. & P.T) of all curves, shall be marked with 5/8" iron pipes 24" to 30"
long, set flush with the ground shall be used for block corners.
LA certificate of dedications, duly acknowledged, on all roads or streets, public
highways, utility easements, parks, drainage easements, and all other land intended for
pUblic use shall be shown on the plat. A thirty-foot (30') minimum drainage easement
shall be shown on the plat, fifteen feet (15') minimum each side of the centerline of all
gulleys, ravines, draws. sloughs, etc., in the subdivision.
LA certificate of ownership in fee of all land embraced in the subdivision, and of the
authenticity of the plat and dedication, signed and acknowledged by all owners of any
Interest in said land. The acknowledgement shall be in the form required in the
conveyance of real estate. Approval and acceptance of all lien holders shall be
Included
Llf the subdivision is located in an area not served by a sanitary sewer system and
septic tanks are to be used, a certificate of approval from the City-County Health
Department shall be required. If sewer lines are available and of sufficient size to be
used, location shall be showing on drawings and arrangements for tying on shall be
made.
!:-.REGULA TION OF LOT SIZE
LLots shall be a minimum of five thousand (5,000) square feet except lots that require
septic tanks must be a minimum of % acre if served by a public water supply, and one
acre if not served by a public water supply. All lots, so far as practical, shall have their
side lines at right angles to the road on which they face, or radial to curved road lines.
LCorner lots for residential use shall have extra width to permit appropriate buildings
set back from both streets.
RevisedAppendixA04212004doc
4
LSTREET STANDARDS
LArterial, or main thoroughfare roads are to be provided where, in the judgment of the
City's Director of Engineering Services; they are necessary and shall have a minimum
right-of-way of eighty (80) feet.
LCollector roads through the subdivisions shall have a minimum right-af-way width of
sixty feet (60') and shall provide unhampered circulation through the subdivision and
adjoining subdivision.
~-'n the event that a roadway is to cover an original survey corner, a marker shall be
set on an offset at the right of way line. The marker must be made of 6-inch diameter
concrete and three feet long. The top of the marker shall be flush with the ground and
have a brass plate with an "X" on it. In addition to this a three-foot pipe with a minimum
diameter of one inch (1 It) shall be set six inches (6") below the ground n the right-of-way
line and approximately 20 feet from the concrete marker. These markers shall be
shown on the plat with the angle and distance to the original survey corner.
L Where an existing road is continued into a new subdivision, the right-of-way in the
new subdivision shall not be of less width than the right-of-way of the existing road.
LRoads shall be laid out so as to intersect as nearly as possible at right angles.
LRaad jogs with centerline offsets of less than one hundred twenty-five feet (125') shall
be avoided.
9.:-Property lines at road intersections shall be rounded with a radius of ten feet (10') or
of a greater radius where deemed necessary by the City's Director of Engineering
Services
!:h.....Dead end roads, designed to be so permanently, shall not be longer than five
hundred feet (500') and shall be provided at the closed end with a cul-de-sac (turn
around) having an outside roadway diameter of at least eighty (80) feet and a street
right-of-way diameter of at least one hundred feet (100').
LRoads that are a continuation of an existing road shall take the name of the existing
road.
LWhere part of a road has been dedicated in an adjoining subdivision adjacent to, and
along, the common property line of the two subdivisions, the same width, or wider, right-
of-way must be dedicated in the new subdivision as was dedicated in the existing
subdivision.
LAII arterial, main thoroughfare and collector roads shall be as straight as possible,
with a maximum of five (5) degree curve being permitted, except at intersections; minor
roads through residential areas may have a maximum of ten (10) degree curve.
RevisedAppendixA04212004.dOC
5
'~-
LRoads shall be platted so that continuation of said roads may be made in future
subdivisions.
m. Provision must be made for the extension of main thoroughfare; belt loops of main
county roads, etc.. where required by the City's Director of Engineering Services.
!L.A map shall be submitted to the City's Director of Engineering Services on a scale of
not more than two hundred feet (200') per inch, and certified to as to accuracy by the
engineer, or survey, preparing the plat, showing reasonable detail, the location and
width of existing streets, roads, lots and similar facts regarding all property immediately
adjacent thereto; also the connecting between the new and the existing subdivisions. If
there are no adjacent subdivisions, then an accurate map must be submitted showing
ownership of all adjacent property, location and distance of the nearest subdivision, and
how the roads in the subdivision offered for record may connect with those in the
nearest subdivision.
~Profiles drawn to scale adequate to show the existing ground line and proposed
grades of finished centerline of all roads, and flowline grade of all ditches; must be
submitted to the City's Director of Engineering Services prior to plat approval.
LRoadway and drainage plans shall be prepared by a Registered Professional
Engineer (Texas Registration)
9.:-,Roadway & Paving Standards -- The City's right-of-way and street pavement
standards will apply.
L-Street Markers -- Two road or street name signs having the following specifications
shall be erected at all street intersections in the subdivision for street markers:
i.1lSigns shall be constructed of one of the following materials: 4" x 4" posts,
either treated or untreated, painted white and using 2" standard height letters,
giving the official street or road name or number, or
{ll The street name sign shall be of the cross-arm type, and shall be reflectorized
on aluminum metal blanks. Posts shall be metal or wood (Minimum 2" round
galvanized if the former and 4" square redwood, cedar or Southern yellow pine if
the latter) and shall be 12' long, with at least 2'6" in the ground. If a "stop" or
"yield" sign is also on the post it shall be placed so as to not affect the legibility
of the name. It shall be 7' minimum from the bottom of the sign to the ground
line
LDRAINAGE STANDARDS
LProfiles drawn to scale adequate to show the existing ground line and proposed
grades of finished centerline of all roads, and flowline grade of all ditches; must be
submitted to the Director of Engineering Services prior to plat approval.
RevisedAppendlxA04212004.doc
6
LRoadway and drainage plans shall be prepared by a Registered Professional
Engineer (Texas Registration)
Lln subdivisions where there is no curb & gutter, drainage shall be by roadway
ditches, cross ditches or swales A map shall be submitted to the City's Director of
Engineering Services showing direction of flow, acreage and all necessary drainage
calculations. Ditches must have a minimum grade of 0.1' per 100'. Ditch side slopes
shall not be steeper than four to one (4 to 1). Pipes shall be placed where required to
provide necessary drainage under drives, sidewalks, cross drains, etc. In all instances
calculations shall be shown for each drain, but in no instance shall the pipe used be less
than eighteen inches (18") diameter. Drainage sketches, referred to above, shall show
the drainage carried to its logical point of disposal. Drainage shall not be dumped on
the adjoining tract or road to the detriment of that tract or road. All necessary
easements shall be provided and ditch work done as an integral part of the subdivision
being prepared. A subdivision may not be built in the mouth of a large gulley, creek,
draw or swale area, where heavy rains would cause damage to existing or
contemplated improvements. This prohibition also applies to installing streets, paving or
other improvements in a new subdivision where the increased runoff will damage
existing improvements below the street, paving, or improvement. Contours of not more
than five foot (5') intervals in hilly land, or one foot (1') intervals in flat land, or in land
that is at a twelve foot (12') elevation or less, shall be shown on this map.
L When a plat involving roads, drainage or utility work shall have been approved and
filed for record, then such roads, drainage or utility work shall be completed and
accepted within six (6) calendar months from the date of acceptance. In case of
inclement weather and upon application and approval, up to six (6) months extension
may be granted
~A note shall be placed on the plat, where applicable, requiring building floor elevation
to be constructed six inches (6") above the nearest roadway, or higher, if deemed
necessary by City's Director of Engineering Services.
LSubdivlsions that are located in a flood zone on the "Flood Hazard Boundary Map" for
Nueces County will have the following requirements:
9.:-Permanent type benchmarks shall be set in appropriate locations with the description
and elevation shown on the plat.
LA note on the plat stating "A. flood permit will be required from Nueces County for
building structures."
LAII subdivision proposals shall be consistent with Section D of the Nueces County
Flood Damage Prevention Ordinance
L Contours at one-foot (1') intervals shall be shown on the plat.
RevisedAppendixA04212004. doc
7
Llf the City requires curbs, gutters, and underground drainage systems, the City will
maintain the curbs, gutters, and underground drainage system at the same level of
service as provided inside the City limits.
LOTHER REQUIREMENTS
9.:-A certificate from each Tax Collector of a political subdivision in which property is
located must accompany the plat to be recorded showing that all taxes are paid.
LA certificate of title or title insurance on the subdivision must be furnished showing
ownership of property and aI/liens against sale
~ENFORCEMENT
9.:-At the request of the City, the County Attorney may file an action in a Court of
competent jurisdiction to enjoin the violation or threatened violation of the requirements
established by or adopted under the interlocal agreement or to recover damages in an
amount adequate for the county to undertake any construction or other activity
necessary to bring about compliance with the requirements established by the platting
requirement.
LA person commits an offense if the person knowingly or intentionally violates a
requirement established by or adopted under this interloeal agreement. The offense is
a Class B misdemeanor punishable by a fine of not more than One Thousand Dollars
($1.000) and/or a jail sentence of not more than one hundred eighty (180) days.
RevisedAppendixA04212004doc
8
10
.
CITY COUNCIL
AGENDA MEMORANDUM
.
October 19, 2004
AGENDA ITEM:
1. Motion approving the reimbursement application submitted by King's Crossing Realty, Ltd.,
owner and developer of King's Crossing Unit 14A Subdivision located south of Yorktown
Boulevard west of Cimarron Boulevard for the installation of 1,807 linear feet of a 12-inch
PVC water grid main; and
2. Ordinance appropriating $53,845.68 from the Water Arterial Transmission & Grid Main Trust
Fund No. 4030-21805-540450 to pay developer reimbursement request for the installation of
1,807 linear feet of a 12-inch PVC water grid main to develop King's Crossing Unit 14A
Subdivision; and declaring an emergency.
ISSUE: King's Crossing Realty, Ltd., owner and developer of King's Crossing Unit 14A Subdivision,
completed construction of a 12-inch PVC water grid main along the south side of Yorktown
Boulevard, connecting a gap in the existing 12-inch water line between South Staples and Cimarron
Boulevard extending 1,807 feet along the frontage of King's Crossing Unit 14A. The developer is
requesting reimbursement for the installation of said water main in accordance with the previous
Platting Ordinance requirements in effect during the initial phase of the project.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented on
an emergency baSIS
r ~ F~,\.. "%:.u_~
' .A ailey, AICP
Oi ctor of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Location Map / Water Line Exhibit Map
Exhibit C - Final Quantities - Final Cost
Exhibit 0 - Application for Water Line Reimbursement
hI .\gen\ag04\sp30m
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The development of King's Crossing Unit 14A required a total extension of 1 ,807 linear feet of a 12-
inch PVC water grid main along the south side of Yorktown Boulevard west of Cimarron Boulevard.
The water line connects a gap in the existing 12-inch water line along the south right of way of
Yorktown Boulevard between South Staples Street and Cimarron Blvd.
(See Exhibit B- Location Map)
King's Crossing Realty, owner and developer of King's Crossing Unit 14A completed construction of
a 12-inch PVC water grid main within the Yorktown Boulevard right-of-way as required by the
Platting Ordinance. The 12-inch water grid main is required by the City's Water Master Plan and is
eligible for reimbursement as a water gird main in accordance with the Platting Ordinance
requirements in effect during the initial phase of the project.
The final plat for King's Crossing Unit 14A was approved by the Planning Commission on January
15,2003. Application for reimbursement was submitted to the City on August 14, 2003. The item
was not placed on council agenda prior to start of construction. The Platting Ordinance amendment
by Ordinance No. 025424 approved August 19, 2003 requires the approval of an Arterial
Transmission Main or Grid Main Construction and Reimbursement Agreement by City Council prior
to developer start of construction Since the submittal of the application preceded the approval of
Ordinance No. 025424 staff recommends approval of the reimbursement.
The total cost submitted by the developer for the installation of 1,807 linear feet of a 12-inch PVC
water grid main including 7.5% engineering costs is $53,845.68. The developer paid all platting
acreage fees. Therefore the total reimbursement owed to King's Crossing Realty for the installation
of 1807 linear feet of a 12-inch PVC water line is $53,845.68.
The Application for reimbursement and supporting cost documentation are attached (Exhibit C,
Final Cost and Exhibit 0, Reimbursement Application).
CITY ACCEPTANCE:
All work is completed; the grid main improvements have been inspected and accepted by the City
for operation and maintenance
EXHIBIT A
EXISTING 12- .
rC-9OO WAlERUNE Site
Yotktown Boulevorrl
, ,. ,
EXISTlNG 12-
N:, WATERUNE
\
~\
~~
13 ~s~ '\~
gt
~
~ CB1}j~Bm-1fBf{
LOCATION
^
MAP NOT TO SCALE
1
~
~
.~
(3
___~__ \0 ~
107'x..1~PVq \1tIWft ...v- -- -
unI\ 1lUULft:
. x
...490'x1Z~.
.
.w
.-z
~
:r:
.u
55 i~
10'x12- PVC
C-900
77
---- - -~ - -
/ . I 1O'UL
730 ! 7+ i 56
KIN G . r C R 0 S f IN GUN I T 1 4
<
AND VALVE
\
(:) ~ING'S CROS~INC
600'x1~~ PVC
--Il-
... r.o.
S3
52
)0
48
47
,
U NIT 1 4-/
b
CD 69R'X12" ~c
'I'OflKTClIWN BOULVEVARD
~/
I
17
LOT 5
_____ K I
'-... CROSSING fNIT
1, PHASE 3
WA TERL.N: EXt:BLFOR
Km'S ~ lNT 14-A
CORPUS aiRlSTl. lX.
150 100 50 0 100 200
~ - ~ I
~~
KING'S CROSSING UNIT 14-A
1211 CHlDMAIN WA !ERLINE REIMBURSEMENT
LOCA nON MAP
Scale: nane
EXHIBIT B
Sheet 1 of 2
Dept. of Erlgineering Services
Engineer: Murray F Hudsor
C::lIent: King's Crossing Realty L TD
ITEM
DESCRIPTION
__'_..._"u___~._____..____~._.________,
UNIT
PRICE
- ~
A 12" GRID MAIN WATER LINE
12" PVC C-900
2 Fire Hydrant _
3 6"x90 -pegr~ M.J. ~chor .!3.end
4 6"x3()~~~iv~1 to Solid AdCipter
5 12"X6" 01. Tee
6 . 12" BJ.c!w~QffYal....e vv{Cal'
Tie to-Existil1..9 Waterline
8 12" Gate Valve and Bo>
- -....- ----
ENGI~EERING FEE@ 7.50%
Print Date:9129/2004
FINAL QUANTITIES
for
KING'S CROSSING UNIT 14
I
180JLFt ~2200
-3 T-EA~' $1,400.00
3f EA $220.00
}." EA $220.00
3 EA $385.00
1 'EA $250.00
1 EA $990.00
2 EA $1,210.00
_ -----.l-__..,._~____
12" WATERLINE ITEMS SUB-TOTAL:
- --
~L~__1f LS~ -
REIMBURSEABLE ITEMS TOTAL:
Urban Engineering
2725 Swantner
Corpus Christl, TX 78404
1-361-854-3101
i~ ---J--- -
--t - -- -_
-I--~ - __ -
I
I---t---
;-""---+~-- -
Rev'd 9-30-04
Date:6-18-04
Job No. 20354.14.00
TOTAL
COST
$39,754.00
$4,200.00
$660.00
$660.00
$1,155.00
$250.00
_~990.00
..F,420.00
$50,089.00
$3,756.68
$53,845.68
EXHIBIT C
8PPLICATIONEOR WATERLINE REIMBURSEMENT
We, Kmgs Cross!!!lLRealtY~dQ_. owner and developer of proposed King's Crossing Unit
14i~_ Subdivision. hereby request reImbursement of$ 53,845.68 for the installation of the water grid main
ill conJ unctIon wIth Kl11Rs Crossin~.LUlit 14A Subdivision, as provIded for by City Ordinance No. 17092.
Said $23-,845~~. is the c,mstructioll COst. including 7-1/2% engineering, in excess of the lot/acreage fee, as
shown hy the cost supporting documents attached herewith.
KINGS CROSSING REAL rv. L I'D.
/") /l
/,-~
/ ~
.J" ______.._...
Ben Wallace, President
of Shell Land Management "0., Inc..
General Partner
9/ SO/()Lj
(Date )
THE STATE OF TEXAS 0
COUNT.y OF NliECES c
TIllS instrument was acknowledged before me on ~2004, by Ben Wallace,
President of Shell Land Management Co., Inc., General Partner of King's Crossing Reality, Ltd., a Texas
Limited Partnership. on behalf of said Partnership.
Notary Public in and for Nueces County, Texas
~
TERESA WOODRUM
Notary Putile
CERTIFlCA TION
The information submitted v,ith the app!Jcatlon for reimbursement has been reviewed and determined to be
correct. ReImbursement is subject to:
a) sufficiency of funds in the Grid Arterial Mains Trust Fund and
b) appropria~and approval by the City Council.
ect r of Engineering
ity Engineer)
J~Jlf/t/f
(Date)
I EXHIBIT D
lU;
Job No. 20354.14.00
URBAN
ENGINEERING
361)854-) 1
PC) BOX 635~1 · CORPUS CHRISTI. TEXAS 78466-6355
FAX (361)854-6001
August 14, 2003
Mr. Mark Simon
interim Special Services Coordinator
City of Corpus Christi
P.O. Box 9277
Corpus Christi, TX. 78469
Subject: Kina's Crossino Unit 14
Dear Mark:
We will begin construction of the 12" water grid main for the subject project in the
next few days. Transmitted herewith are cost estimate, along with credit and
reimbursement applications for said utility extensions. A copy of the bid tabulation is
included for support information including eligible portions of the 12" water extension.
We are submitting these applications for the record prior to construction and will follow-
up with all required final documentation including drawing exhibits, etc. for staff
presentation to Council upon completion of the improvements.
We trust this is all required information to document the reimbursement requests.
Please call should you require any additional information.
Sincerely,
URBAN ENGINEERING
-d-. ~/ pe,
Murray F Hudson, P.E.
MFH/sst
Enclosure
xc: Art Sosa
Walter Jarrin J
John Wallace
725 SWANTNFP,P . COPPUS CHRiSTI TEXAS 78404
EXHIBIT 0-1
IUI!\g}urbo"erKl com
[((1-
URBAN
ENGINEERING
Job No. 203S4.14.00
36' )854-3 Wi
,00 BOX 6355 . CORPUS CHRISTI. TEXAS 78466-6355
FAX (361 )854-6001
Revised September 30,2004
July 26, 2004
Mary Frances Teniente, PE.
Assistant Director to Special Services
City of Corpus Christi
P.O. Box 78469
Corpus Christi, TX. 78469
Subject: Kina's Crossina Unit 14A, Waterline Reimbursement
Dear Mary Frances
Transmitted herewith is our request for reimbursement for waterlines constructed for the
subject project. Attached is the supporting documentation including the reimbursement
application forms and final cost. We request reimbursement of $53,845.68 for the 12" grid main
waterline extension. Additionally enclosed are exhibits for your use depicting the scope and
locetion of the improvements. We would appreciate you scheduling this for Council action as
soon as possible Please call should you have any questions or require anything else.
Sincerely,
URBAN ENGINEERING
~ ~;?~
Murray F. Hudson, P.E.
MFH/sst
E neJosu res
D E 0: ~:-:o,E ~
DEVELOPMENT SERVICES I
SPEC'^l SERVICES .. ~
xc: Ben Wallace
. '25 S\NAr~TN[I~ DR . CORPUS CHRISTI TEXAS 78404
i! :(1' lJ r t-, (-~ r
EXHIBIT D-2
AN ORDINANCE
APPROPRIATING $53,845.68 FROM THE WATER ARTERIAL
TRANSMISSION AND GRID MAIN TRUST FUND NO. 4030-
21805-540450 TO PAY DEVELOPER REIMBURSEMENT
REQUEST FOR THE INSTALLATION OF 1,807 LINEAR FEET
OF A 12 INCH PVC WATER GRID MAIN TO DEVELOP KING'S
CROSSING UNIT 14A SUBDIVISION; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $53,845.68 from the Water Arterial Transmission and Grid
Main Trust Fund No. 4030-21805-540450 is appropriated to pay developer King's
Crossing Realty, Ltd., reimbursement request for the installation of 1,807 linear
feet of an 12 inch PVC water grid main to develop King's Crossing Unit 14A.
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 19th of
October, 2004
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved as to form only ~{-b h'"-/ I S
,2004.
By:
~b
,/ V
Josep Harney ~
Assistant City Attorney
For City Attorney
H:\LEG- DIR\Joseph\Ord-appr-kingsXing 14A.doc
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,
Respectfu lIy,
-----..-------..--------...----
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
H:\LEG-DIR\J oseph\Ord-appr-kingsXing 14A .doc
""..... -"""
11
CITY COUNCIL
AGENDA MEMORANDUM
October 19, 2004
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement with South Texas Hotels,
L.L.P., in the amount of $82,169.00 for Public Improvements including an off-site 8-inch public
wastewater line and an 8-mch PVC water distribution main improvements to Padre Island Number
One, Block 35. Lot 30A in accordance with the Platting Ordinance Section V-Required
Improvements, Subsection A.3.b)
ISSUE: Randy Thompson, P.E., on behalf of South Texas Hotels L.L.P., owner and developer of
Padre Island One, Block 35, Lot 30A submitted an application for a Deferment Agreement to defer
the construction of an off-site 8-inch wastewater line and an 8-inch PVC water distribution main in
accordance with the Platting Ordinance, Section V- Required Improvements, Subsection A.3.b).
REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a
Deferment Agreement with South Texas Hotel, L L.P (Developer).
CONDITION: Developer must post a cash bond or equally liquid negotiable security with the City in
the amount of 110% of the cost of the project and comply with all other requirements of the
deferment agreement.
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
~~~~~:~
4.:., , .A ailey, AICP ~
''''' Director of Development Services
Attachments:
Exhibit A
Exhibit B
Exhibit C
Background Information
Site Plan
Deferment Agreement
~:\.. .\genlag04\defermentagr\south-tex. m
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND
The development and replatting of Padre Island Number One, Block 35, Lot 30A located east of
Park Road 22, north of State Highway 361 (Exhibit B) required the off-site extension of an 8-inch
PVC wastewater line improvements beginning at the existing wastewater manhole on Sand Dollar
Avenue located approximately 1 DO-feet south of Verdemar Drive and continuing as follows: south
along Sand Dollar Avenue to Gaviota Drive for approximately 41 O-feet, west on Gaviota Drive to
Ocotal Drive for approximately 190-feet and south on Ocotal Drive to the proposed development for
approximately 500-feet for a total distance of approximately 1,1 DO-feet. Public Improvements also
include construction of approximately 425 linear feet of an 8-inch water line.
Randy Thompson, P.E. on behalf of South Texas Hotels, L.L.P., owner and developer of Padre
Island Number One, Block 35, Lot 30A, submitted an application requesting the City waive the
platting requirements requiring construction of wastewater line improvements be seventy-five
percent (75%) completed before the final plat is signed and recorded. Instead the developer
proposed to comply with the requirements of the Platting Ordinance Section V. A. 3. b) to defer the
required improvements. The Planning Commission approved the requested construction deferment
on its September 8.2004 meeting
A Deferment Agreement (Exhibit C) between the City of Corpus Christi and South Texas Hotels,
L.L.P.. will allow the developer to defer the construction of required wastewater and water line
improvements and file the final plat for record before seventy-five percent (75%) of the required
public improvements are constructed to meet the desired development time schedule. The
deferment period is for one (1) year
The developer has agreed to deposit $63,317.00, cash, for the 110% cost of the estimated cost of
constructing the required wastewater and water line improvements, in compliance of the Platting
Ordinance Section V - Required Improvements, Subsection A. 3 b) (1).
Construction plans for the installation of the wastewater and water line have been reviewed and
approved by the City.
RECOMMENTATION' Staff recommends approval of the Ordinances as presented.
EXHIBIT A
j
--------
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P a oltr' e
Island
CiJuntr-y Club
VICINITY MAP
PADRE ISLAND No.1, Lot 30A, Blk 35
EXlITBIT I}_+_
DEFERMENT AGREEMENT
STATE OF TEXAS S
S
COUNTY OF NUECES S
"
This Agreement is entered into between the CITY OF CORPUS CHRISTI, TEXAS
("City") and South Texas Hotels, L.L.P. a Texas Limited Liability Partnership, 3925
S.P.I.D., Corpus Christi, Texas 78415, hereinafter called "Developer", and pertains to
deferral of the improvements required prior to filing the final plat of Padre Island Number
One, Block 35, Lot 30A, which was approved by Planning Commission on February 25,
2004, a copy of the plat is attached and incorporated as Exhibit "1."
WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph
5, of the Platting Ordinance to construct seventy-five percent (75%) of the required
improvements, including construction of an 8-inch sanitary sewer collection line and 8-
inch water line as shown on Exhibit "2", copies of the approved engineering
construction drawings, which are attached to and incorporated into this Agreement,
before the final plat is endorsed by the City's Director of Engineering; and
WHEREAS, the Developer is seeking to have the plat filed immediately with the County
Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the
required improvements as required by Section III, Paragraph H, Subparagraph S,of the
Platting Ordinance; and
WHEREAS, the Developer will deposit one (1) letter of credit, in the amount of Eighty
Two Thousand One Hundred and Sixty Nine and 00/100 Dollars ($82,169.00)
representing 110% of the estimated cost of construction of the Deferred Improvements,
as shown on the attached costs estimate, which is attached and incorporated as
Exhibit "3", with the City:
WHEREAS, the City Attorney and Director of Finance have approved this transaction;
and,
WHEREAS, the Developer has satisfied all other subdivision requirements, park
dedications, park dedication deferment agreements, and maintenance agreements and
all special covenants have been completed; and
WHEREAS, the Developer is entering into this Deferral Agreement as required by
Section V, Paragraph A, Subparagraph 3.b) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree as follows:
1. The City agrees to waive the requirement that refer improvements be seventy-
five percent (75%) completed before the final plat is endorsed by the City's
Director of Engineering and further agrees to allow the Developer to defer the
completion of the construction of the required improvements, including
construction of the 8-inch sanitary sewer collection line and 8-inch water line
south-tex.agr
improvements (referred to in this Agreement as the "Deferred Improvements"), as
shown in Exhibit "2", for up to one (1) year from the date of this DefElrment
Agreement.
2. The Developer agrees to construct the Deferred Improvements, in accordance
with the City's engineering standards in effect at the time of construction.
3. The Developer agrees to deposit a total of Eighty Two Thousand One Hundred
and Sixty Nine and 00/100 Dollars ($82,169.00), in the form of an irrevocable
letter of credit issued by American Bank, for 110% of the estimated cost of
constructing the Deferred Improvements, with the City, in a form approved by the
City's Director of Financial Services, on or before the plat is filed with the County
Clerk, and if the deposit is not made by that time this Agreement shall become
null and void. Exhibit 3
4. Upon completion of all of the Deferred Improvements, within one (1) year from
the date of this Agreement, or later time as may be mutually agreed upon by both
parties, and upon acceptance of the portion of the Project by the City Engineer
and upon compliance by the Developer with the remaining terms of the
Deferment Agreement, the City Engineer shall:
a. Immediately release Developer from the obligations to construct the Deferred
Improvements, by mailing a Release letter to:
South Texas Hotels
Mr. Baldev Bhakta, Managing Partner
3925 South Padre Island Drive
Corpus Christi, Texas 78415
b. Return to the Developer within sixty (60) days of the completion of
construction and settlement of construction costs of the Deferred
Improvements, the letter of Credit for that portion of the Project and any
balance remaining of all monies received by the City from the Developer,
including any interest earned for that portion of the project.
5. If the Deferred Improvements, have not been completed within one year from the
date of this Agreement, or if the Developer and fails to deposit any increase
security as set out below, after notice to the Developer and opportunity to cure as
stated in Paragraph 7 below, the City may call the letter(s} of credit and transfer
the amounts received, including any interest earned, to the appropriate City fund
and the City will then begin completion of the construction of the Deferred
Improvements with any monies received from the Developer, both principal and
interest, remaining after completion of construction being refunded by the City to
the Bank and the Developer as their interest may appear. If City constructs all or
any part of the Deferred Improvements. the Developer agrees to reimburse the
south-tex.agr
City for any additional cost of the Deferred Improvements, if the sum of money
and interest prove inadequate to complete the Deferred Improvements, within
thirty (30) days after City completes the improvements and bills the Developer.
, "
6. The City and Developer agree that if the Developer formally vacates the current
plat, with approval of the Planning Commission, prior to the deadline for
completion of the construction of the Deferred Improvements, the letter(s) of
credit and any money received by the City from the Developer remaining on
deposit, plus interest earned, will be released and immediately returned to the
Developer.
7. If Developer defaults in any of its covenants or obligations under this Deferral
Agreement, the City Engineer will send Developer and the Project Engineer
written notice by certified mail, return receipt requested, advising Developer of
the default and giving Developer thirty (30) days from date of receipt of the letter
to cure the default. If the Developer fails to cure the default after receipt ofthe
notice and opportunity to cure, the City Engineer will exercise the City's rights
under the letter(s) of credit and transfer any monies received and interest earned
to the appropriate fund of the City to complete the Deferred Improvements. In
the event there are any monies received by the City from the Developer, plus
interest earned, remaining after the City has completed construction of the
Deferred Improvements, the excess monies, both principal and interest, shall be
refunded to the Bank and the Developer as their interest may appear, within sixty
(60) days of the completion of construction and settlement of construction
contracts.
8. The Developer agrees that the City, after notice in writing to the Developer and
Project Engineer, may accelerate payment or performance or require additional
security when the City Engineer determines that the prospect of payment or
performance is questionable.
9. The Developer covenants to construct the required improvements, and that this
covenant shall be a covenant running with the land.
10. The City's Director of Engineering Services, at Developer's expense, shall file of
record this Deferment Agreement in the records of Nueces County.
11. No party may assign this Deferment Agreement or any rights under this
Agreement without the prior written approval of the other party.
12. Unless otherwise stated in this Agreement, any notice required or permitted to be
given hereunder shall be in writing and may be given by personal delivery, by
fax, or by certified mail, and if given personally, by fax or by certified mail, shall
be deemed sufficiently given if addressed to the appropriate party at the address
noted above the signature of the party. Any party may, by notice to the other in
accord with the provisions of this paragraph, specify a different address or
addressee for notice purposes.
south-tex.agr
13. This Agreement shall be construed under and in accord with the laws of the State
of Texas and all obligations of the parties created hereunder are performable in
Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in
Nueces County.
14. The Developer further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of
Ownership interests form attached to this Agreement as Exhibit "4".
15. The City agrees that upon the execution of this Agreement, the posting of the
required letter of credit with the City, and the provision of operable water and
sewer service as required by the Planning Ordinance, the City immediately will
file the plat and proceed to assign addresses to the lot(s) identified in the plat and
authorize the issuance of building permits for the construction proposed Hotel on
Padre Island Number One, Block 35, Lot 30A, subject to compliance with
applicable technical construction codes and procedures concerning the issuance
of construction permits
16. This Agreement shall be executed in triplicate, all original copies of which shall
be considered one instrument. When all original copies have been executed by
the City, and at least two original copies have been executed by the Developer,
this Agreement shall become effective and binding upon and shall inure to the
benefits of the parties and their respective heirs, successors and assigns.
EXECUTED in triplicate this R~ day of DC! ~k.y
,2004.
DEVELOPER
South Texas Hotels, L.L.P.
By 1J~ >
Vik a ta, Managing Partner
STATE OF TEXAS S
S
COUNTY OF NUECES s .
This instrument was acknowledged before me on the ~~ay of -.-Dc tohw
2004, by Vikas Bhakta, Managing Partner, South Texas Hotels L.L.P. in the capacity
herein stated and as the act and deed of St~~ e~~ty, ,
~f\1.~
. ~"" Notary Public, State of Texas
~..L.~ GUIllERMO M. MEDINA
.; 'j!t(}'i MY COMMISSIoN EXPIRES
--;<.jt/ March 9, 2005
south-tex.agr
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST:
By:
Armando Chapa,
City Secretary
By:
George K. Noe
City Manager
THE STATE OF TEXAS
s
s
s
COUNTY OF NUECES
This instrument was acknowledged before me on the day of .
2004, by George K. Noe, City Manager for the City of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
APPROVED AS TO FORM ONLY: This _ (e( day of &:- 4 ~~
.2004.
By I~Uh/
Jose Harney 0
Assistant City Attorney
south-tex.agr
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Page 1 i,
COST ESTIMATE FOR MINIMUM WASTEWATER IMPROVEMENTS
LOT 30A, BLOCK 35, PADRE ISLAND No.1
DES CRll"TIOft OUANTITY J UNn PRICE TOTAl PRICE
WAS~ATERIMPROVEMENT
8"PVC SDR 26 06'-18') 0 LF. 530.00 50.00
8" PVC SDR 26 (14'-16') 0 LF. 524.00 50.00
8" PVC SDR 26 (12'.14') 0 LF. 522.00 50.00
8" PVC SDR 26 nO'-12') 345 L.F. 522.00 57590.00
8" PVC SDR 26(8'-10') 95 L.F. 520.00 51900.00
8" PVC SDR 26 (6'-8') 495 L.F. 516.00 57920.00
Dero C.t Mrvin Connection 0 Each 51400.00 50."
(in Sewer Stubou( x 25' Ll. I Each 5600.00 5600."
Manb. Rellabililation I Each 57500.00 57500."
Manhole (12' deep) I Each 52400.00 52400.00
Manhole ( 10' deep) I Each 52200.00 52200.00
Manhole ( 8' deep) -_..~.
--- I Eacll 52000.00 520".00
Manhole ( (i'deep) -_._.-
I Each 51800.00 51800.00 -
-
Well PointinE 935 L.F. 520.00 5187".00'
Trench Protection 935 L.F. 51.00 5935.00
-Eneineerinl Fee (7.5~.) 54015.88
--
Continleney (JO~.) 55756.13
TOTAL MINlMUM WASTEWATER COST 563317.00
COST ESTJ!\1ATE FOR WATER IMPROVEMENTS
LOT 30A, BLOCK 35. PADRE ISLAND No.1
DESCRIPTION QUANTITY I UNIT PRICE TOTAL PRICE
WATER IMPROVEMENT
8" PVC C.900 425 L.F. 512.00 55100.00
--.._-
Connt>ction to ExistinE 6~' I Ea 5700.00 5700.00
-'-~'._'
8x6 Tel' --- I Ea 5600.00 5600.00
---
Fire Hvdrant Assemblv ----- I Ea 52000.00 52000.00
-2" Service Connection I Ea 5550.00 5550.00
8" Cap with 2" Jljser I Ea 5675.00 5675.00
Enl!ineerine Fee (7.5-;.) ------- _.__.._~
5721.88
Continel'ncy (10~.) 51035.13
TOTAL WATER COST 511382.00 I
Sub Total
] 0% of Estimate Cost
TOTAL
$74,699.00
$ 7.470.00
$82,169.00
EXHIBIT 3
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CITY OF CORPUS CHRISTI
DISCLOSURE OF fNTERESTS
TO: 2253000
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I EXHIBIT 4
I
12
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CITY COUNCIL
AGENDA MEMORANDUM
October 19, 2004
AGENDA ITEM:
Ordinance authorizing the City Manager, or his designee, to execute a Participation Agreement with
South Texas Hotels L.L.P owner and developer of Padre Island Number One, Block 35, Lot 30A, for
the construction of an 8-inch, overdepth wastewater line along Sand Dollar Avenue, Gaviota Drive
and Octal Drive, in accordance with the Platting Ordinance, not to exceed $56,908.00 for the City's
share of costs of the improvements; and declaring an emergency,
ISSUE: The development and replatting of Padre Island Number One, Block 35, Lot 30A, required
the developer to construct an off-site wastewater line extension. The developer could construct said
wastewater line at a minimum depth without any other service line connections along the off-site line
extension. The City proposed and the developer accepted to construct an overdepth wastewater
line to serve future development within the off-site wastewater line extension thus requiring the City
to participate in the construction cost of the project. A Participation Agreement is pending between
the City of Corpus Christi and South Texas Hotels L.L.P., subject to City Council approval, allowing
the developer to proceed with the construction of the project.
REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a
Participation Agreement with South Texas Hotel, L.L.P. (Developer)
RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented.
~-~_......... ~-:-~
". ~ ~
" iley, AICP
r Dir tor of Development Services
Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit C-1
Exhibit 0
Background Information
Site Plan
Cost Estimate (Minimum depth cost)
Cost Estimate (Overdepth cost)
Participation Agreement
h co.. H 1genlag04 Iparticipation .agr\south-tex Ti
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND'
PARTICIPATION AGREEMENT:
The development and replatting of Padre Island Number One, Block 35, Lot 30A located east of
Park Road 22, north of State Highway 361 required the off-site extension of an 8-inch PVC
wastewater line improvements beginning at the existing wastewater manhole on Sand Dollar
Avenue located approximately 100-feet south of Verdemar Drive and continuing as follows: south
along Sand Dollar Avenue to Gaviota Drive for approximately 41 O-feet, west on Gaviota Drive to
Octal Drive for approximately 190-feet and south on Octal Drive to the proposed development for
approximately 500-feet for a total distance of approximately 1,1 OO-feet.
The Platting Ordinance, Section V. B. 6. i) (4) exempts a portion of Padre Island owned by Padre
Island Investments Corporation and third party users from payment of wastewater acreage fees.
City staff concluded that it is in the City's best interest to construct an overdepth sanitary sewer
collection line to allow future development of this area including the sanitary sewer service
connection of an additional twenty (20) lots and participate with the developer in the difference
between the developers required minimum depth constructions cost and the construction of an
overdepth sanitary sewer line
The developer provided cost estimates for both, minimum depth wastewater improvements and
overdepth wastewater improvements (see exhibits "c" and "C-1") as follows:
Cost estimate for overdepth wastewater improvements.. ... $120,225.00
Cost estimate for minimum wastewater Improvements... . .. $ 63,317.00
City's participation cost
$ 56,908.00
The City's participation cost will be $56,908.00, which will be funded byWastewaterCIP Project No.
550910-4500-00000-190220
The City participation cost will be paid to the developer upon completion and acceptance of the
wastewater line work with actual payment to be determined based on actual construction cost not to
exceed $56,908.00
RECOMMENTATION: Staff recommends approval of the Ordinances as presented.
EXHIBIT A
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Indica tes Existing
UniMproved ROV
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ISland
Count~y Club
VICINITY MAP
PADRE ISLAND No 1. Lot 30A. Blk 35
EXHIBIT B
Walter jarrin - Bhakta Table 2 Regular Sewer
~"~geLI
COST ESTIMATE FOR MINIMUM W ASTEW A TER IMPROVEMENTS
LOT 30A, BLOCK 35, PADRE ISLAND No.1
DESCRIPTION aUANTlTY UNIT PRICE TOTAL PRICE
W ASTEW A TER IMPROVEMENT
8" PVC SDR 26 (J6'-]8') 0 L.F. 530.00 50.00
8" PVC SDR 26 (J4'-]6') 0 L.F. 524.00 50.00
8" PVC SDR 26 (12'-]4') 0 L.F. S22.00 50.00
8" PVC SDR 26 (10'-]2') 345 L.F. 522.00 57590.00
8" PVC SDR 26(8'-]0') 95 L.F. S20.00 SI900.00
8" PVC SDR 26 (6'-8') 495 L.F. 516.00 57920.00
Deep Cut Service Connection 0 Each 51400.00 50.00
6" Sewer Stubout x 25' LE. I 1 Each 5600.00 5600.00
Manhole Rehabilitation .~ 1 Each 57500.00 S7500.00
Manhole 12' deep) I 1 Each 52400.00 52400.00
Manhole 10' deep) -+ 1 Each 52200.00 S2200.00
Manhole 8' deep) 1 Each 52000.00 52000.00
Manhole (6' deep) ! 1 Each 51800.00 SI800.00
WeD Pointine ----+ 935 L.F. S20.00 518700.00
Trench Protection -i- 935 L.F. SUO 5935.00
-t.
Eneineerine Fee (7.s~o) ----r 54015.88
Contineencv (l O~o) + S5756.13
-+
i
TOTAL MINIMUM W A STEW A TER COST 563317.00
I
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-_. --- --_._~ -- - j
EXHIBIT C
Waite' Jarrin - Bhakta Table 1 Overdepth Sewer
Pi3~ge11
COST ESTIMATE FOR OVERDEPTH WASTEWATER IMPROVEMENTS
lOT 30A, BLOCK 35, PADRE ISLAND No.1
DESCRIPTION QUANTITY I UNIT PRICE TOTAL PRICE
W ASTEW A TER IMPROYEMENT
8" Pye SDR 26 (16'-18') 300 L.F. S30.OO S9OOO.OO
8" PYC SDR 26 (14'-16') 125 L.F. S24.OO S3ooo.oo
8" PYC SDR 26 (12'-14') 110 L.F. S22.OO S2420.00
8" PYC SDR 26 (l0'.-12') 200 L.F. $20.00 S4000.oo
8" PYC SDR 26 (8'-10') 295 L.F. $18.00 $5310.00
8" PYC SDR 26 (6'-8') 70 L.F. $12.00 $840~OO
Deep Cut Service Connection 19 Each $1400.00 S266oo.oo
6" Sewer Stubout x 25' Lg. 2 Each $600.00 S 1200.00
Manhole Rehabilitation I Each $2800.00 S2800.OO
Manhole 5' dia. (18' deep) 1 Each $7300.00 $7300.00
Manhole 5' dia. (16' deep) I Each $7100.00 $7100.00
_.
Manhole 5' dia. (IS' deep) I Each $7000.00 S7OOO.OO
Manhole 4' dia. (II' deep) 1 Each S2OOO.OO S2OOO.OO
"-"
Well Pointinl1, 1100 L.F. S20.00 S22ooo.00
-
Trench Protection 1100 L.F. SI.OO SII00.oo
EnjZmeering Fee (7.5%) $7625.25
Contin2ency (10%) --- 1--- S10929.75
.
TOTAL OVERDEPTH W ASTEW A TER COST S120225.OO
EXHIBIT C-i
PARTICIPATION AGREEMENT
STATE OF TEXAS
COUNTY OF NUECES
THIS AGREEMENT IS entered into between the City of Corpus Christi, a Texas
Home-Ruled MUnIcipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277,
hereinafter called "City" and South Texas Hotels, L.L.P., a Texas Limited Liability
Partnership, 3925 S.P.I..D., Corpus Christi, Nueces County, Texas 78415, hereinafter
called "Developer'.
WHEREAS, Developer In compliance with the City's Platting Ordinances, has
filed a plat, Exhibit 1, to develop a tract of land in Padre Island Number One, Block 35,
Lot 30A, hereinafter called "Development", and
WHEREAS, the Developer agrees to construct infrastructure and related site
Improvements In accordance with City approved construction plans and specifications,
and
WHEREAS, the City would like the 8-inch diameter sanitary sewer collection
line to be built overdepth, with 5-foot diameter manholes and with sanitary sewer
services lines to other platted lots along the route, and
WHEREAS, the developer will provide a permanent easement for the overdepth
8-inch diameter sanItary sewer collection line, through the City's platting process, and
WHEREAS, it IS III the best interest of the City and the Developer for the
overdepth 8-inch diameter sanitary sewer collection line to be constructed at this time;
NOW, THEREFORE, for and in consideration of the mutual covenants herein
exchanged to be kept and performed, the parties do hereby covenant, and agree as
follows:
REQillRED CONSTRUCTION
a. The Developer will construct approximately 1,100 linear feet of an overdepth
8-inch diameter sanitary sewer collection line with 5-foot diameter manholes and sanitary
sewer service hnes to platted lots, in accordance with the plans and specifications
approved by the City Engineer, as shown on Exhibit 2, and in compliance with the City's
Platting Ordinance.
PLANS AND SPECIFIC A TION
a. The Developer wdl prepare plans and specifications for the overdepth portion
of the 8-inchdiameter sanitary sewer collection line that requires construction to service
the Development, through its consultants.
PartiCipation Agreement
South Texas Hotels. L.L P.
I.
SITE IMPROVEMENTS
a. The Developer will dedicate easements and street right-of-way for the
proposed overdepth 8-inch diameter sanitary sewer collection line through the City's
platting process
a. Prior to accepting the public improvements for permanent maintenance, the
Developer will file the Development plat in accordance with the City's Platting
Ordinance.
CONSTRUCTION CONTRACT A WARD BY DEVELOPER FOR
IMPROVEMENTS
a. The Developer will award a construction contract and complete the overdepth
8-inch diameter sanitary sewer collection line improvements as soon as practical and in
accordance with approved plans and specification.
REIMBURSEMENT
a. The City will pay the Developer 100% of the difference in the cost of the
improvements being built at normal depth to the improvements being built overdepth and
with 5- foot diameter manholes, and sanitary sewer service lines to platted lots to the
City's specifications, not to exceed $56,908.00 which the difference between the cost of
overdepth and minimum depth wastewater line construction as shown on Exhibit 3 and
Exhibit 4.
b. City further agrees to properly reimburse the Developer on a monthly basis
and upon invoicing for work performed. Such reimbursement shall be made no later than
30 days from the date of the invoice. Developer is to submit all required performance
bonds in accordance with applicable laws.
NOW THEREFORE, for and in consideration of said City participation for the
construction of approximately 1,100 linear feet of overdepth 8-inch sanitary sewer
collection line improvements to service the Development, the City and Developer further
agrees as follows
1. Developer shall indemnify and hold harmless the City, its agents, officers
and employees ("Indemnities") from all suits, actions, or claims and from all liability for
any and all injuries or damages sustained by any person, mcluding without limitation
workers compensations, personal injury or death, arising from or incident to this
liftstation and force main construction. To the extent allowed by law, the City will
indemnify and hold harmless the Developer from any and all liability for any injuries or
damages as a result of the installation and construction of the overdepth 8-inch diameter
wastewater line.
Participation Agreement
South Texas Hotels, ILl'
2 Developer further agrees, in compliance with the City of Corpus Christi
Ordinance No 17112, to complete, as part of this Agreement, the Disclosure of
Ownership Interests form attached hereto as Exhibit 5.
3 ThIs agreement shall becaome effective and shall be binding upon and
shall insure to the benefit of the parties hereto and their respectives heirs, successors, and
assigns from and after the date of execution.
EXECUTED IN DUPLICATE originals, this _ day of
2004.
ATTEST
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
George K.Noe, City Manager
APPROVED:
DEVELOPER:
. .-LV Dayof a,!-f-<---, 2004
South Texas Hotels, L.L.P.
By: ~ (h/~
Joseph arney. Asst. (jity Attorney
7Ji)JL 1U,~
-v'ikas Bhakta, Managing Partners
Participation Agreement
South Texas Hotels, L.L P
~ .
ST A TE OF TEXAS
COUNTY OF NUFCES
This instrument was acknowledged before me on , 2004,
by George K. Noe. City Manager of the City of Corpus Christi, Texas a Texas home-
mled municipal corporation. on behalf of said corporation.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF NUECES
This Instrument was acknowledged before me on
D1-.h4 l~
,2004,
by
Vikas Bhakta as
Managing Partners , of South Texas Hotels, L.L.P., a
Texas limited partnership, on behlaf of said partnership.
.8
GUItLIiIIIoIlIIDNA
IIY'ccr .1S1WH EXmEs
....,,-
lPbif~ /h. ft'N4-~
Notary Public, State of Texas
Participation Agreement
South Texas Hotels, L.LI
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Waiter Jarnn - Bhakta Table 2 Regular SewEr
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COST ESTIMATE FOR MINIMUM W ASTEW A TER IMPROVEMENTS
LOT 30A, BLOCK 35, PADRE ISLAND No.1
DESCRIPTION QUANTITY I UNIT PRICE TOTAL PRICE
W ASTEW A TER IMPROVEMENT
8" PVC SDR 26 06'-18') 0 L.F. 530.00 50.00
8" PVC SDR 26 (14'-16') 0 L.F. 524.00 50.00
8" PVC SDR 26 02'-14') 0 L.F. 522.00 50.00
8" PVC SDR 2600'-12') 345 L.F. 522.00 57590.00
8" PVC SDR 26(8'-10') 95 L.F. 520.00 51900.00
8" PVC SDR 26 (6'-8') 495 L.F. 516.00 57920.00
Deep Cut Servke Connection 0 Each 51400.00 50.00
6" Sewer Stubout ][ 25' LE. I Each 5600.00 5600.00
Manhole Rehabilitation 1 Each 57500.00 57500.00
Maahole (12' deep) 1 Each 52400.00 S2400~00
M aahole 00' deep) ------ 1 Each 52200.00 52200.00
M aahole (8' dee..p) .
----- 1 Each 52000.00 52000.00
Manhole (6' deep) I Each 51800.00 51800.00
-- -.
Well Po in tinE --_. 935 L.F. 520.00 518700.00
Treach Protection .--- 935 L.F. 51.00 5935.00
---.- --
En~ineerjng Fee (7.s.~.__ _ I 54015.88
ContinEency (IO"!.) _____ 55756.13
~- i
TOTAL MINIMUM WASTEWATER COST 563317.00
EXHIBIT 3
Walter Jarrin - Bhakta Table 1 Overejepth Sewer
F>~ge1]
COST ESTIMATE FOR OVERDEPTH WASTEWATER IMPROVEMENTS
LOT 30A, BLOCK 35, PADRE ISLAND No.1
DESCRIPTION OUANT ITY I UNIT PRICE TOTAL PRICE
W ASTEWA TER IMPROVEMENT
8" PYC SDR 26 ()6'-18') 300 LF. $30.00 $9000.00
8" PYC SDR 26 (14'-16') 125 L.F. $24.00 $3000.00
8" PYC SDR 26 (] 2'-14') llO LF. $22.00 $2420.00
8" PYC SDR 26 (I 0~-12') 200 LF. $20.00 $4000.00
8" PYC SDR 26 (8'-10') -- -
295 LF. $18.00 $5310.00
8" PYC SDR 26 (6'-8') 70 L.F. $12.00 $840;00
Deeo Cut Service Connection 19 Each $1400.00 $26600.00
6" Sewer Stubout x 25' LIZ. 2 Each $600.00 $1200.00
Manhole Rehabilitation I Each $2800.00 -c- $2800.00
Manhole 5' dia. (J 8' deep -- -.
1 Each $7300.00 $7300.00
Manhole 5' dia. (16' deep I Each $7100.00 $7100.00
-- I--
Manhole 5' dia. (I 5' deep 1 Each $7000.00 $7000.00
-_.
Manhole 4' dia. (II' deep) 1 Each $2000.00 $2000.00
Well PointinlZ ..-..---- 1100 LF. $20.00 $22000.00
-_.
Trench Protection 1100 LF. $1.00 $1100.00
--
EngineerinlZ Fee(75%)------- $7625.25
ContinlZencv (10%) $10929.75
"--..- 1---
TOTAL OVERDEPTH W ASTEW ATER COST $120225.00
EXHIBIT 4
~-y=p 22-2[104 L:.!P FR[(1: J J:; THCV1;::JSUN Pi:
3E185.!JS211
TO: 2253000
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City "'Ootpus Ch'ioll ~ 17H2... .-. _.. _ Or _ 0MkIng to do _. -!l... CIly to
~""-IIiWDrmallan. Evaryquutlonrnustbe_. Iflhe_lanotlll~__'"NA.. Saa
page 2" deftnItIc,ne. 'I
FIRM NAIlIE: SOUTH TEXA~"OTELS LLP - f
STREET: 3925 s.p J.O -- ~_ CITY: CORPUS CHRISl1 _. ZlP:~J4 I
FIRM ie: 1 c.~ () 2. P8rtnel'lhlp C 3. SoJe 0Wr., ( )
4. Allsocl~ () 5. Other ( ) . . . i
OI8;CLOSURE QU.~STlONS I:~l)l'!
If additlon8.l ~ce Is n808tisory. plfltM use the revel'l e slcfllt of t1Ia page or attech eepaf'8tt, shaet.. ,
. (I
1. State.....~ of each .umptOyee" of !he City or Corpus C:hrIea having IU"I -ownerShIp ntorelf' (~1IIutI11Q 3l6or more
of the 0WMf'V.hIp 'n the 1J00ViJ named "firm". I
- Job TIUa and CliYDapa_ (11_> I
NlA _' +
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2. Slate.. name of ea:h -ofldelr of .. City of ~UI ChrId hM1g an .DWI'MnhIp Inf8re8r' CDn9II1L!tlng K or ~ 0I1he
............ "'... .- _ "Iirm" I
Name TltIe' !
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CITY OF COf~PUS CHRISTI
DISClOSURE OF tNTERESTS
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3. Slate" namtl of each .bos'd member" of f1e City of Corpus ctv1sII h8vhg 811 -ownenmp infert;l$f'" ConsutIItI$a 3% or
more Of the C1Ml&l'shlp of the abcwe namecl -nrm". . I-
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Name Board. Comml8slan. or Committee J
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.c. State.. ...emu of each ~~oye.21 or otiicer or 8 "consultant' for the City of Ccrpuo Chriati who v~id en unf ma....
_10 ... oub/.d "'1>1I ""'*"'" and ,.,. an ."""e_ _ eonotIIuUng 3% or ...... of... ..~ af'" _
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CERTlFrCATE i
I c:ertfy tlaIeO InfonnaUon provtjed " tue end comtclss of the d8t8 of thIlstatement. t1Bt I hava nclt knowIng~, ~lthheld
dIoclosure dlllY. ~ reqll1llllad: .., "'at "UPP"'"'-'"tolo..-o wII be pt ..,1pIIy .U_lo the Cl\y ." p...u.
ChrtlsU, Te_ 8$ <:henge! occur. , ~ I
Cet1IfyIng "->n: Bak~.~ .. 71lIe: }-"'w,,~ CL ''t~ '; r-
Signa""" '" Certifying ""'"'"" _~tJi;;;:: Date: ~I ;p.,"/ c4 '
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EXHIBIT 5
f
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE A PARTICIPATION AGREEMENT WITH SOUTH TEXAS
HOTELS, L.L.P., OWNER AND DEVELOPER OF PADRE ISLAND
NUMBER ONE, BLOCK 35, LOT 30A, FOR THE CONSTRUCTION OF
AN 8 INCH OVERDEPTH SANITARY SEWER COLLECTION LINE
ALONG SAND DOLLAR AVENUE, GA VIOT A DRIVE, AND OCTAL
DRIVE, IN ACCORDANCE WITH THE PLATTING ORDINANCE, NOT
TO EXCEED $56,908.00 FOR THE 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 appropriated, the City Manager, or
his designee, is authorized to execute a participation agreement with South Texas
Hotels, L.L.P., Developer of Padre Island Number One, Block 35, Lot 30A, for the
construction of an 8 inch overdepth sanitary sewer collection line along Sand Dollar
Drive, Gaviota Drive, and Octal Drive, in accordance with the platting ordinance, not to
exceed $56,908.00 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 19th of October, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
Approved /Cf~.)~ LJ-2004
By: . /M {It-
Jose~ Harney y
Assistant City Attorney
For City Attorney
H:\LEG-DIRIJoseph\Ord-PartAgmt-PlsI1.doc
Page 2 of 2
Corpus Christi, Texas
_____ day of
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. Ilwe, 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.
,2004.
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
H\lEG-DIRIJoseph\Ord-P artAgmt-Plsll doc
13
~
CITY COUNCIL
AGENDA MEMORANDUM
DATE: October 19, 2004
SUBJECT: Traffic Speed Zone on International Drive
at Corpus Christi International Airport
AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 53 - Traffic,
Section 53-254 - Schedule V, Increase of State Speed Limit in Certain Zones, and
Schedule VI, Decrease of State Speed Limit in Certain Zones, by modifying the limits of
speed zones and establishing transition speed zones in the inbound and outbound
directions of International Drive between the existing 45 MPH speed zones near SH 44
and the existing slower speed zones of 15 and 20 MPH near the parking lots and at the
terminal. The following traffic control treatments are proposed, as illustrated in the
attached figure.
Inbound (towards the airport terminal)
1. The existing speed limit from the south right-of-way line of Agnes Street (SH 44) to
Glasson Road, a distance of approximately 1,600 feet, remains at 45 MPH.
2. Beginning at Glasson Road and continuing approximately 1,500 feet, to the
beginning of the three sides of the short term parking and terminal frontage
segment of roadway, the speed limit shall be 30 MPH.
3. Along to the three sides of the short term parking and terminal frontage segment of
roadway, extending a distance of approximately 2,000 feet, the speed limit shall be
15 MPH.
Outbound (away from the airport terminal)
1. From the end of the terminal frontage/short term parking segment of roadway, the
speed limit shall be 30 MPH for approximately 1,500 feet to Glasson Road.
2. From Glasson Road to the south right-of-way line of Agnes Street (SH 44), a
distance of approximately 1,600 feet, the speed limit remains at 45 MPH.
ISSUE: The new construction and reconfiguration of the airport terminal and parking
lots has created a need to change the speed zones on the airport entrance road,
International Drive
REQUIRED COUNCIL ACTION: Traffic zones on any public street or alley must be
approved by the City Council
RECOMMENDATION: Approval of the proposed ordinance as presented.
!rft ~-' /o/?f-
"~gel R. Escobar, P.E.
Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
1. Exhibit A - Background Information
2 Exhibit B - Site Map
'Jraffic Speed Zone on International Drive at the Airport)
Page 1 of 2
.....
AGENDA MEMORANDUM
Additional Background Information
BACKGROUND:
Staff's analysis of the traffic conditions at the Corpus Christi International airport have
included interviews with airport management, detailed traffic counts and speed
observations, and examination of related traffic accident experience.
Speed Setting Criteria. Traffic Engineering has three objectives for implementation of
speed zones: (1) improved traveler safety, (2) improved traffic flow and (3) little or no
impact on total delay to vehicles using the roadway. Based on the observed traffic
conditions and ordinary occurrence of these conditions, Staff is confident that the
proposed speed zones on International Drive will satisfy these requisite conditions.
Traffic Demand. International Drive is the primary access roadway into the Corpus
Christi International Airport, and serves several business located adjacent to the airport.
The roadway carries approximately 7,800 vehicles per day
Impact on Access to Development. Car rental return and other business access
crosses International Drive at Glasson Road, located midway between SH 44 and the
terminal. Between Glasson Road and the terminal, new parking lot entries/exits and a
turnaround have been added, creating more conflict points on this segment of
International Road. This new traffic operation indicate the need for a reduction in speed
to 30 MPH in this segment, between Caliche Road and the terminal frontage, to serve as
a better transition between the 45 MPH zone and the 15 MPH zones.
Prior Council Action: Council previously approved the existing traffic speed limits for
International Drive in May 1989.
Transportation Advisory Committee: The Committee approved recommendation of
proposed ordinance for submittal and approval by the City Council on September 27,
2004
*
*
*
(Traffic Speed Zone on International Drive at the Airport)
Page 2 of 2
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ORDINANCE
AMENDING THE CODE OF ORDINANCES SECTION 53-254, SCHEDULE V,
INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, AND SCHEDULE
VI, DECREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY
MODIFYING THE LIMITS OF SPEED ZONES AND ESTABLISHING
TRANSITION SPEED ZONES IN THE INBOUND AND OUTBOUND
DIRECTIONS OF INTERNATIONAL DRIVE BETWEEN THE EXISTING 45
MPH SPEED ZONES NEAR SH 44 AND THE EXISITNG SLOWER SPEED
ZONES OF 15 AND 20 MPH NEAR THE PARKING LOTS AND THE
TERMINAL; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI:
SECTION 1. That the Code of Ordinances, City of Corpus Christi is amended by
amending Section 53-254, Schedule V, Increase of state speed limit in certain
zones, and Schedule VI, Decrease of State Speed Limit in Certain Zones, by
modifying the limits of speed zones and establishing transition speed zones in
the inbound and outbound directions of International Drive between the existing
45 MPH speed zones near SH 44 and the existing slower speed zones of 15 and
20 MPH near the parking lots and terminal.
CHAPTER 53 TRAFFIC
* * * * *
ARTICLE VIII. SCHEDULES
* * * * *
Sec. 53-254. Schedule V, increase of state speed limit in certain zones.
* * *
International Drive (Airport Entrance Road):
From the south right of way lino of Agnes Street (S.H. 44) to a point 2,500 feet
south, in both directions of travel 15 mph At all times
From a point 2,500 feet south of I\gnes Street (S.H. 14) for a distance of
approximately 3,650 feet south of Agnes 20 mph At all times
H. \LEG-DIR Voseph \Ord -Trf- IntlDr.doc
From a point approximately 3,650 feet south of /\gnes Street for:3 distanoo of
550 feet immediately centered and in front of the airport main terminal building
15 mph ,'\f all times
From the east end of the airport main terminal building to a point 2,500 feet south
of Agnes Street (SH. 44) 20 mph At all timos
From the south riqht-of-wav line of Aqnes Street (S.H. 44) to Glasson Road. a
distance of approximately 1.600 feet. in both directions of travel-45 mph- At all
times
From Glasson Road and continuinq approximatelv 1.500 feet. to the beqinning of
the three sides of the short term parkinq and terminal frontaqe seqment of the
roadway-30 mph- At all times
From the beqinninq of the three sides of the short term parkinq and continuinq
approximately 2.000 feet alonq the terminal frontaqe seqment of the roadway-
15 mph-At all times
From the end of the terminal frontaqe seqment of the roadway and continuinq
approximately 1.500 feet to Glasson Road-30 mph-At all times
* * * * *
Schedule 53-254. Schedule VI, Decrease of state law maximum speed.
Airport Entr:.mco Road:
From a point 350 f{)et '1lcst of the /\irport Terminal, to a point 350 feet east of the
Airport Termin:ll, measured along the street confer line 20 mph /\11 times
* * * * *
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held .invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance. for it is the definite intent of this City Council that
every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose
SECTION 3. Publication shall be made one time in the official publication of the
City of Corpus Christi as required by City Charter of the City of Corpus Christi.
SECTION 4. Penalties are as provided in Sec. 53-55 Code of Ordinances.
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
-~--
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on
this the day of ____ I 2004, by the following vote
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero________.._
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED, this the
day of
,2004.
ATTEST:
CITY OF CORPUS CHRISTI
Annando Chapa
City Secretary
Approved J?(' /v0- (1' ,2004
Samuel L. Neal, Jr.
Mayor
By:
Jos h Harney
Assistant City Atto y
For City Attorney
14
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 21, 2004
AGENDA ITEM: An ordinance authorizing the City Manager, or designee, to execute a
five year lease and use agreement with Corpus Christi Softball Association ("Lessee") for
use of City property (Greenwood Softball Complex) for Lessee's softball program and in
consideration of Lessee maintaining the premises and improvements; providing for
severance; and providing for publication.
ISSUE: Corpus Christi Softball Association has requested a renewal of their lease so that
they may continue offering softball league management at the Yellow and Green fields at
Greenwood Softball complex.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease
with Corpus Christi Softball Association in January 1998.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the renewal of the lease with Corpus Christi Softball Association for the use of
Yellow and Green fields at Greenwood Softball complex.
Attachments:
Background Information
..... ..,=
BACKGROUND INFORMATION
The Corpus Christi Softball Association is dedicated to the well-being of the teams and
spectators. The member teams are made up of men, women, co-ed, and senior men over
54. Their goal is to play in an environment conducive to family participation. During the
2003-2004 season, over 50 teams participated in the Fall, Spring and Summer leagues.
The Association has been using the fields at Greenwood Softball Complex since January
1997 Prior to that time, the Association had a lease for the use of Jaycee Field (since April
1994)
-"""II!i' .---
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE YEAR LEASE AND USE AGREEMENT WITH CORPUS CHRISTI
SOFTBALL ASSOCIATION ("LESSEE") FOR USE OF CITY
PROPERTY (GREENWOOD SOFTBALL COMPLEX) FOR LESSEE'S
SOFTBALL PROGRAM AND IN CONSIDERATION OF LESSEE
MAINTAINING THE PREMISES AND IMPROVEMENTS; 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 designee, is authorized to execute a Lease and Use
Agreement with Corpus Christi Softball Association ("Lessee") for the use of City
property (Greenwood Softball Complex) for Lessee's softball program and in
consideration of Lessee maintaining the premises and improvements. A copy of the
Lease and Use Agreement, including the exhibits that are attached to and incorporated
into 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 sl 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
Christi as required by the City Charter of the City of Corpus Christi.
HILEG-DIR\DovleD CurtlsIMYDOCS\2003.04\PARK&REC 27\Lease&Us eAgreeMt\070904DC Greenwoo dFieldCC.Softball.Lease.UseAgmt.Ord.doc
-.,.. ..""2
Page 2 of 2
The foregoing ordinance was read for the first time and passed to its second reading on
this the 20th day of July. 2004, by the following vote:
Samuel L. Neal. Jr.
William Kelly
Brent Chesney
Rex A. Kinnison
Javier 0 Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
The foregoing ordinance was read for the second time and passed finally on this the
17th day of August, 2004, by the following vote:
Samuel L. Neal, Jr.
William Kelly
Brent Chesney
Rex A. Kinnison
Javier 0 Colmenero
Jesse Noyola
Mark Scott
Melody Cooper
Henry Garrett
PASSED AND APPROVED on the 1 ih day of August, 2004.
ATTEST:
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
EGAL FORM 9 July 2004
C
Doyle D. urtis
Chief, A ministrative Law Section
Senior Assistant City Attorney
For City Attorney
H' ,L E G-DIR\DoyleD.Curtis\MYDOCS\2003. 04 \PARK&RE C27\Lease& U 5 eAgreernt\070904DC Greenwoo. dFieldCC Softball. Lease. UseAgmt. Ord .doc
15
...... ,-
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: September 21, 2004
AGENDA ITEM: An ordinance authorizing the City Manager, or designee, to execute a
fIVe year lease and use agreement with South Texas Youth Football League, Inc.
(-Lessee") for use of City property (at Bill Witt Park) for Lessee's Pop Wamer Football
program and in consideration of Lessee maintaining the premises and improvements;
providing for severance; and providing for publication.
ISSUE: South Texas Youth Football League, Inc. has requested a renewal of their lease
so that they may continue offering Pop Wamer Football league management at the fields
at Bill Witt Park.
REQUIRED COUNCIL ACTION: The City Council must approve all multi-year leases.
PREVIOUS COUNCIL ACTION: The City Council previously approved a five-year lease
with South Texas Youth Football League, Inc. in October 1998.
FUNDING: No funding involved.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council
approve the renewal of the lease with South Texas Youth Football League, Inc. fields at
Bttl Witt Park.
Sally G lik, Director
Park ana Recreation Department
Attachments:
Background Information
.,."... ...-.
BACKGROUND INFORMATION
South Texas Youth Football League, Inc. is a member in good standing with Pop Warner
Little Scholars, Inc. (football). The member teams are made up girls and boys ages 5
through 14. The League's goal is to inspire all youth to practice the ideas of
sportsmanship, scholarship and physical fitness, as well as to encourage the sustaining of
good scholastic records by the players, through monitoring of grades and citizenship and
awarding appropriate recognition.
The League has been using the fields at Bill Witt Park since June 1997. The League has
run additional electrical, stalled two scoreboards, replaced on goal post, painted a
building, and put sandy loam on the fields.
.....--
Page 1 of 2
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A
FIVE YEAR LEASE AND USE AGREEMENT WITH SOUTH TEXAS
YOUTH FOOTBALL LEAGUE ("LESSEE") FOR USE OF CITY
PROPERTY (BILL WITT PARK) FOR LESSEE'S SOFTBALL
PROGRAM AND IN CONSIDERATION OF LESSEE MAINTAINING THE
PREMISES AND IMPROVEMENTS; 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 designee, is authorized to execute a five year Lease
and Use Agreement with South Texas Youth Football League ("Lessee") for the use of
City property (Bill Witt Park) for Lessee's softball program and in consideration of
Lessee maintaining the premises and improvements. A copy of the Lease and Use
Agreement, including the exhibits that are attached to and incorporated into 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 sl 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
Christi as required by the City Charter of the City of Corpus Christi.
H \LEG-DIRIOlgaR\Ooyle\Pari< & ReCI090104DCSouth1 cxasYouthFootbaIILeague.Ord.doc
Page 2 of 2
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:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
That the foregoing ordinance was read for the second time and passed finally on this
the day of __, , 2004, by the following vote:
Samuel L. Neal, Jr.
Bill Kelly
Brent Chesney
Rex A. Kinnison
Javier D. Colmenero
Jesse Noyola
Melody Cooper
Mark Scott
Henry Garrett
PASSED AND APPROVED this the
day of
,2004.
ATTEST:
Armando Chapa, City Secretary
Samuel L. Neal, Jr., Mayor
City of Corpus Christi
APPROVED AS TO LEGAL FORM 2 September 2004
ld, ~L
Doyle Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
HILEG-DIR\OlgaR\Doyle\Park & Recl090104DC South fexas YouthFootbaIIL'"ague.Ord.doc
16
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (CIty Council Action Date: October 19,2004)
Case No.: 0904-01, MostlllZhasi Investment Trusts: A change of zoning from a "R-1B" One-family
Dwelling District to a "B-1" Neighborhood Business District and "R-2" Multiple Dwelling District.
The property is 5 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 10, Lots 12
and] \ located along the north side of Yorktown Road and 1,000 feet east of South Staples Street.
Plannin2 Commission's Recommendation (09/08/04): Approval of the "R-2" District on Tract 1,
and denial of the "B-1" Dlstrict on Tract 2, and in lieu thereof, approval of a "B-1A" District.
Staff's Recommendation: Approval.
Reauested Council Action: Approval of the "R-2" District on Tract I, and denial of the "B-1"
District on Tract 2, and in lieu thereof, approval of a "B-1 A" District, and adoption of the attached
ordinance
Perpose of Request: Tract 1 ..87 unit apartment complex, Tract 2 - Retail shopping center
Semman:
· Applicant requesting a change of zoning on Tract 1 to "R-2" Multiple-dwelling District for
development of an apartment complex and on Tract 2 to "B-1" Neighborhood Business District
for a retail shopping center.
· Tract I consists of 4.02 acres proposed for development as a two-story apartment complex with
87 units. The proposed complex could generate 585 average daily trips.
· Yorktown Boulevard is an arterial that is currently improved with a rural pavement section. The
projected traffic generated by the proposed apartment complex can be accommodated by this
roadway.
· The demand for water/wastewater service of the apartment complex is projected at 21,750 gallons
per day with a solid waste demand of 774. Ibs. daily.
· Tract 2 consists of 0.97 acre and is proposed as a retail shopping center. The proposed center is
planned as a one-story structure with approximately 12,000 square feet.
· The proposed shoppmg center could generate 585 average daily trips along Yorktown Boulevard,
an arterial.
· The demand for water/wastewater service of the retail shopping center is projected at 2,000
gallons per day with a solid waste demand of 480 lbs. daily.
· Tracts I and 2 are located in the Southside Area Development Plan area. The future land use map
recommends Tracts I and 2 develop with a mixture of medium density residential uses and
general commercial uses
Agenda !'vlemorandum
October 19.2004
Case No. 0904-0 I (Mostaghasi Investment Trusts)
Page :z
Applicant's Position: The applicant concurs with Planning CommissIOn's recommendation.
Notification: Of the fifteen notices maIled to the surrounding property owners, none were returned in
favor and one was returned in opposition. One (1) notice was returned in opposition from outside the
notificatIOn area. The 20% rule is not invoked. This case is considered noncontroversial.
/// ~
~f(~n~g, AICP
Assistant Director of Development Se
MNG/FGM/er
Attachments:
I) Zoning Report
2) Planning CommissIOn Minutes
3) Ordinances
H:\PLN-DIR \SHARED\ERMA \ WORD\AGENDM EM\2004\0904-0 1 AGENDAMEMO.DOC
CITY COUNCIL
ZONING REPORT
Case No. 0904-01
Planning Commission Hearing Date: September 8,2004
~ c: I Applicant: Mostaghasi Investment Trusts
.. .s: I Owner: 4 Pegasus Enterprises, Ltd.
I i.s. I Agent: Cobb, Lundquist & Atnip, Inc.
i. ~ t; I Legal DescriptionILocation: Being 5 acres out of Flour Bluff and Encinal Farm and Garden
c. g . Tracts, Section 10, Lots 12 and 13, located along the north side of Yorktown Road
< and 1,000 feet east of South Staples Street.
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I From "R-IB" One-family Dwelling District
I To: Tract I - "R-2" Multiple-Dwelling District
. Tract 2 "B-1" Neighborhood Business District
I
i Area: Tract 1- 4.02 acres Tract 2 - 0.97 acre Total- 4.99 acres
I Purpose of Request: Tract 1 - 87 unit apartment complex, Tract 2- Retail shopping center
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elhng Undeveloped Medium-density
residential and general
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elling Undeveloped Low-density residential
elhng Undeveloped and animal Low-density residential
kennelandgroonting
elling Undeveloped General commercial
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elling Undeveloped Medium-density
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Zoning
Site "R-IB"One-familyDw
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"R-IB" One-family Dw
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"R-lB" One-family Dw
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I Area Development Plan: Southside - The requested "R-2" District and "B-1" District is
I consistent with the future land use map.
I Map No.: 44031
I Zoning Violations: None
I
Zoning Report
Case No 0904-01 (Mostaghasi Investments)
Page 2
· Applicant requesting a change of zoning on Tract I to "R-2" Multiple-dwelling District
for development of an apartment complex and on Tract 2 to "B-1" Neighborhood
Busmess District for a retail shopping center.
· Tract 1 consIsts of 4.02 acres proposed for development as a two-story apartment
complex with 87 umts. The proposed complex could generate 585 average daily trips.
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· Yorktown Boulevard is an arterial that is currently Improved with a rural pavement
sectIon The projected traffic generated by the proposed apartment complex can be
accommodated by this roadway.
· The demand for water/wastewater service of the apartment complex is projected at
21,750 gallons per day with a solid waste demand of 774. lbs. daily.
· Tract 2 consists of 0.97 acre and is proposed as a retail shopping center. The proposed
center IS planned as a one-story structure with approximately 12,000 square feet.
· The proposed shoppmg center could generate 585 average daily trips along Yorktown
Boulevard, an arterial.
· The demand for water/wastewater service of the retail shopping center is projected at
2.000 gallons per day with a solid waste demand of 480 lbs. daily.
· Tracts] and 2 are located in the Southside Area Development Plan area. The future land
use map recommends Tracts 1 and 2 develop with a mixture of medium density
residential uses and general commercial uses.
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Street ! Type i
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Volume
2001
12,348
a.d.t.
Paved Section
100' ROW wl24'rural
paved section
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Bk. To Bk. avement
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100' R.O.W. w176' Bk. to
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14,610 a.d.t.
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Zoning Report
Case No. 0904-0] (Mostaghasi Investments)
Page :<
"-
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i::E Property IS subject to platting requirements.
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The Souths ide Area Development Plan future land use map recommends Tract 1,
-= '" proposed for "R-2", develop as medium-density residential and commercial. The
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t: e allows for medium density residential and reduces potential commercial development
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c. 0 near future single-family areas to the north. Tract 2 "B-1" District request is supported by
~ W the Southside Area Development Plan future land use map that recommends a mixture of
medium-density residential and commercial development occur along this area of
Yorktown Boulevard.
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I Number ofNohces Mailed - 15
I Favor - 0
II Op.. position - I plus 1 from outside area
(As of October 5 2004)
Attachments: Vicinity Map
Zoning Map
H:\PLN-DJ R\SHARED\ERMA \ WORD\ZONRPTS\2004\0904-0 I CCREPORTDOC
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Notice Map
fi: F arm Rural Ofsrric
R-TH awnhouse Dwelling Distrkl
8-1 Neighborhood Business District
B-1A Neighborhood Business District
1-2 Light Industrial District
RE Residential Estate District
R.2 "<1ultiple Dwelling Dlstrkt
RA One Family Dwelling Distncl
h: -it. One Famity D~elljng Oistnc!
1A ,Jvel Trailer Par~ Districl
B-2A Barrier Island Business District
1.3 Heavy Industrial Oilimet
SP Special Permit
PUO Planned Unit Development
.1 B Manufactured Home Park O;stnct
B-2 Bayfrant Business District
R,,~B One Family Dwelling District
"-.1 C Manufactured Home Subdi"Vlsion District
A-1 Apartment House District
A-1A "partment House District
BO Corpus Christi Beach Design District
6.3 Busin@ss District
He Hlstorlcal.cultural landmark Preservation
P 1C O~ Family Dwelling Districl
6-4 General Business District
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NORTH
City 01 Corpus Christi, TX
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6-6 Primary Business Core District
i--' Limited Industrial District
Department ~LDevflopmeol Services
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300 Feet
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Planmng "- omrmSS101l Mlllutes
September 8, 2004
ZONING
New Zoning
0904-0 I - Mostaghasi Inwstment Trusts
REQUEST: Change of zoning from "R-I B" One-family Dwelling District to "B-1" Neighborhood
Business District and "R-2" Multiple Dwelling District, resulting in a change of land use from low-
density residential to medlUm-denslty residential and neighborhood commercial.
Excerptsfrom Zoning Report
Legal DescriptionLocafiol1. Belllg 5 acre~ out of Flour Blufjand Encinal Farm and Garden
Tracts. Section 10, Lots I ~'I and 13. located along the north side of Yorktown Road and 1,000 feet east of
South Staples Street
Staff Comments: The Southside Area Development Planjilture land use map recommends
Tract 1. proposedfor "R-2 ", develop as medium-density residential and commercial. The
proposed "R-2" Districr is an acceptable designation for the subject property, in that it allows
for medium denSIty residential and reduces potential commercial development near future
single-family areas to the north. Tract 2 "B-1" District request is supported by the Southside
Area Development Plan future land use map that recommends a mixture of medium-density
residential and commercial development occur along this area of Yorktown Boulevard.
Area Developmem Plan Southside The requested "R-2" District and "B-1" District is
consiSTent with the future land use map
Staff Recommendation. Tract i 4pprovalofthe "R-2" Multi-family Dwelling District.
Tract ;: .. Approval of the "B-1" Neighborhood Business District.
Mr. Saldana provided graphics of the subject property and the surrounding area. The zoning
report and tape recording are on file He stated that there were 15 notices mailed. None were received in
favor and two in oppOSition
Chairman Berlanga opened the public hearing. No one appeared to be in favor or opposition.
The publIc hearing was closed.
A motion was made by Salazar and seconded by Smith to approve staff's recommendation.
Braselton asked if rract 2 for "B-1 " was consistent with the Southside Development Plan. He
stated that he thought the CIty was saving corners for businesses.
Mr. Saldana stated that general commercial, heavy, intense uses on corners of major arterials and
major B-4 zoning are the corner locations saved for businesses. Lower intensity areas some
neighborhood type commercial would be appropriate
Zamora asked what the strip of property between the t\.vo Tracts was.
Mr. Saldana stated that It was an extension of the road,
Plannmg ('ommisslOn Mmutt'S
September 8, 2004
Case No. 0904-01 (Mostagha'l Investment Trusts)
Page 2
Mlms asked if staff consIdered a "13-1 A" or If they were satisfied with "B-1 ".
Mr. Saldana stated that they were satisfied with "B-l".
Pusley asked what the Sign restnctlOns are.
Mr. Saldana stated that they were limited to one 40 square foot sign, 20 feet in height and only
one sign on the property. Wall signs are unlimited and do not fall in the square footage rule.
Mr. Saldana explamed the differences between "B-1" and "B-1 A" Districts.
Pusley stated that he was concerned about the wall signage.
Berlanga asked what is going into Tract 2.
Mr Saldana stated It would be a 12,000 square foot, one story retail shopping center.
Mr. Michael Gunnmg, Assistant Director of Development Services, stated that "B-IA" is more
restrictive than "B-1" and if the CommiSSIOn wants to consider "B-IA" the applicant may want to
consider a continuance to have time to consider the requirements.
table.
Berlanga stated that we would have to open the hearing again and there is already a motion on the
Braselton asked what the yard setback was on apartments.
Mr Saldana stated It was 20 feet.
Salazar stated that some Commissioners have wanted to lower the zoning; but in a neighborhood
district there will be different types of options for development allowing a developer to maximize the
opportunities. He would like to stick with staffs recommendations.
Berlanga stated unless anyone requests to amend the motions, it will stand.
Pusley asked how they would amend the original motion to restrict the signage.
Berlanga stated that you make a motion to amend the original motion.
SmIth and Salazar voted III favor: Zamora, Mims. Pusley, Braselton and Berlanga were opposed.
Berlanga stated that the motion fails.
Pusley made a motion and was seconded by Zamora to change Tract 2 to "B-IA" District and the
open the public hearing to allow the applicant to speak.
Chairman Berlanga opened the public hearing.
""""".--
PlalIDlIlg , Uilll111SSIOll M mUk-.
September 8, 2004
Case No. 0904-0] (Mostaghasl Investment Trusts)
Page :<
Mr. Hutch Bryant. 98 Townhouse Lane, representative ofthe applicant, stated they want to
develop a neighborhood business district
Chairman Berlanga stated that the CommiSSIOn was reluctant to go with "B-1" on Tract 2 and is
contemplating requesting --B-lA". Mr. Bryant stated that "B-IA" was acceptable,
PublIc heanng wa~ closed.
A motion was made by Pusley and seconded by Zamora to recommend approval of "R-2" on
Tract 1 and in lieu of "B-1" on Tract 2, recommend approval of "B-1 A",
The motion passed with Braselton 1I1 opposition.
~
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY MOST AGHASI INVESTMENT TRUSTS BY CHANGING THE
ZONING MAP IN REFERENCE TO FIVE (5) ACRES OUT OF FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SECTION 10,
LOTS 12 AND 13, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT
TO TRACT 1- "R-2" MULTIPLE DWELLING DISTRICT AND TRACT 2 -
"B-1A" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE
COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Mostaghasi Investment Trusts for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
September 8, 2004, during a meeting of the Planning Commission, and on Tuesday,
October 19, 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 CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on five (5) acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 10, Lots 12 and 13, located along the north side of
Yorktown Road and 1,000 feet east of South Staples Street, from "R-1 B" One-family
Dwelling District to "R-2" Multiple Dwelling District on Tract 1 and "B-1A" Neighborhood
Business District, as shown on the attached Exhibit. (Map 44031)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:\LEG-DI R\JOSEPH\ZONI NG-04\0904-01 ALTERNATE DOC
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19th day of October, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED (A. fr-l~ ~v / $
Joseph H~~ ( t--,\;
Assistant City Attorney
For City Attorney
2004
H:\LEG-DIR\JOSE PH\ZON ING-04\0904-01 AL TE RNA TE. 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.
Respectfu lIy,
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 Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DI R\JOSEPH\ZONING-04\0904-01 AL TERNA TE. DOC
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P.2/10
"",VI."",, DAn, JJI", P,E" R,PL.S
NIXO"'".... WaL.H. P.E R,P,L.S.
Description of a 4.027 acre tract of land, more or less. :
Encinal Farm & Garden Tracts, a map of which is recorde
Nuecn Counly, Texas, said 4,027 acre tracl as further !
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i~n of Lot'~ 12 & 13, Section 10, Flour Bluff and
'4>lume "A"f Pages 41 thorough 43, Map Records,
. c ' ~ed by m~tes & bounds as follows;
. I I
Beginning at a pOint in the proposed northeast right-of- ,. i1e of Yor?town Boulevard for the southernmost
corner of the tract herein described, said southernmo i llaner bears N28052'33"E 65,00' and S60054'30''E
120.00' from a point in the centerline of Yorktown Boule ~~ i the sout~ernmost corner of said Lot 13;
Thence along said proposed northeast right-ot-way line 'jtW r~lown Boplevard N60054'30'"W 325.06' to the
point of curvature of a circular curve to the right having. .1.... n ral anglel' of 89047'03", a radius of 10.00' and a
chord bearing N16000'59"W a distance of 14.12'; fH, I I
Thence along the arc of said circular curve 10 the right a~.~.; nbe of 1 5.~7' to the point of curvature of a circular
curve to the left having a radius of 460.00', a central a :. ~ 34002'2~" and a chord bearing N11051'22""E a
distance of 269.28'; ; I I
Thence aJong the arc of said circular curve to the left ~> . ~nce of J73.29' to a point for the northwest or
westernmost northerly corner of the tract herein describ i': 1 I
Thence N63029'36"E 271.40' to a point for the northern " mer of ~e tract herein described;
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mer of th'e tract herein described;
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, a sket9h showing said 4.027 acre tract being
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PH. 361 882-15:52 I
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July 27.2004
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County of Nueces
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Nixon M. Welsh, R.P.l.S.
Thence 56100T27"e 259.66' to a point tor the eastern ;
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attached hereto 8S Exhibit "C",
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BEGIIINING at a point in the proposed northeast right-of
of the tract herein described; from a point in the center\in .
Lot 13. said beginning point bears N28052'33"E 65.00' I
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Thenoe N28052'33"-E 360.72' to a point for the norther :
Thence along the arc of said circular curve to the right
Thence S28052'33"W 11.29' to the paint of curvature of
a ra<lus of 10.00' and a chord bearing S73059'01"W 8
Thence along the arc of said circular curve to the right a ,
northeast right-of- way line of Yorktown Boulevard; I .
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Thence along said proposed northeast right-of-way line .1
OF BEGINNING, a sketch showing said 0977 acre tre '
n M. Welsh, R.P.L.S.
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17
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: October 19,2004)
Case No.: 0904-02. Kvle S. Williams: A change of zoning from a "R-lB" One-family Dwelling
District to a "B-3" Business District. The property is on 5 acres out of the southwest comer of Survey
No. 416. Abstract 838 and southwest comer of a 100-acre tract recorded in Volume 314, Page 531 of
the Deed Records ofNueces County, Texas, also recorded in Volume 321, Page 349 of the Deed
Records ofNueces Countv. Texas, located on the east side of Rand Morgan Road and 600 feet south of
McNorton Road
Plannin2 Commission and Staff's Recommendation (09/08/04): Denial of the "B-3" District, and in
lieu thereof, approval of a "B-l" District with a Special Permit for a mini-storage facility subject to
five (5) conditions.
Requested Council Action: Denial of the "B-3" District, and in lieu thereof, approval of a "B-1"
District with a Special Permit for a mim-storage facility subject to five (5) conditions and adoption of
the attached ordinance
Pllrpose of Request: To develop the property with a mini-storage facility.
S.mman:
· ApplIcant has requested a change of zoning from "R-IB" One-family Dwelling District to "B-3"
Business District to develop the subject property with a mini-storage facility.
· The applicant has not indicated the size of the proposed mini-storage facility, but Staff has estimated,
based on acres, that the proposed facility will generate approximately 545 average weekday vehicle
trip ends.
· Rand Morgan Road IS estimated to carry approximately 1,900 trips per day. Therefore, the additional
traffic from the proposed mim-storage facility will have minimal adverse impact on the existing
roadway.
· The requested "B-3" Business District is inconsistent with the Port! Airport/Violet's future land use
map. The future land use map recommends traditional neighborhood uses.
· The subject property is abuttmg mdustnal zoning on the south and residential zoning on the north. A
commercial zoning devdoped With a non-intrusive use would buffer the residential area from the
mdustnal area.
· The Planning CommIssIon recommended the following five (5) conditions:
1. USE: The only use authorized by this Special Permit, other than the basic uses
permitted by right in a "'B-1" Neighborhood Business District, is a mini-storage facility.
....... --
Agenda Memorandum
October i 9,2004
Case No 0904-02 (Kyle S, Williams)
Page
2. OUTSIDE STORAGE: Outside storage of vehicles, boats, trailers, and other items is
not permitted.
3. SCREENING: A standard screening fence with a height of not less than six (6) feet
must be installed and maintained along the north and east property lines.
4. LIGHTING: All exterior lighting must be directional and shielded. Lighting must be
directed away from surrounding residences and adjacent public right-of-way.
5. TIME LIMIT: This Special Permit shall be deemed to have expired within one year
from the date of this ordinance unless the property is being used as outlined in condition
#1 and in compliance with all other conditions and City regulations.
Applicant's Position: The applicant concurs with Planning Commission's recommendation.
Notification: Of the eleven notIces mailed to the surrounding property owners, one (1), being the
applicant, was returned in favor and four were returned in opposition. The 20% rule is not invoked.
This case is considered noncontroversial.
<fif~~~P
Assistant Director of Development Services
MNG/FGM/er
Attachments:
I) Zoning Report
2) Planning CommiSSIOn Minutes
3) Ordinances
H:\PLN-DIR \SHARED\ERM A \ WORD\AGENDMEM\2004\0904-02AGEND AMEMO,DOC
CITY COUNCIL
ZONING REPORT
Case No. 0904-02
Planning Commission Hearing Date: September 8, 2004
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Applicant: Kyle S. Williams
Owner: Same as applicant
Agent: Victor M. Gutierrez, Jr., Coym Rehmet & Gutierrez Engineering
Legal DescriptionILocation: Being 5.00 acres out of the southwest comer of Survey no. 416,
Abstract 838, located along the west side of Rand Morgan Road, approximately
500 feet south of McNorton Road.
~ - ,From: "R-lB" One-family Dwelling District
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g g' i Area: 5.00 acres
N" i Purpose of Request: Develop the property with a mini-storage facility.
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ZoninJ! Existine Land Use Future Land Use
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Site "R-l B" One-family Dwelling l Jndeveloped Traditional Neighborhood
District
North "R-l B" One-family Dwelling Single-family residence Traditional Neighborhood
District
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. South "1-2" Light Industrial District Agriculture land Light Industrial
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[ East "R-l B" One-family Dwelling S ingle- famil y residences Traditional Neighborhood
~-- DistrIct
! West "1-2" Light Industrial District Agriculturalland Traditional Neighborhood
L...__..~,__...____._~___._.___,____
Area Development Plan: PortlAirportlViolet - The requested "B-3" District is inconsistent with
~ the future land use map. A mim-storage is classified as a commercial use, and is not supported
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C. r: by the future land use map. However, approval of the requested "B-3" District or a "B-1"
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:t ~ District WIth a Special Permit IS supported, due to the property having direct access to an arterial.
~ - The Busmess DIstrict provides for a transItional buffer between the industrial district to the south
~ ~ and residential area to the north.
< Map No.. 058, 046
! Zoning Violations: None
Zoning Report
Case No 0904-02 (Kyle S. Williams)
Page 2
· Applicant has requested a change of zoning from "R-I B" One-family Dwelling District to
"B-3"' BUSIness District to develop the subject property with a mini-storage facility.
· The applicant has not indicated the size of the proposed mini-storage facility, but Staff has
estimated, based on acres, that the proposed facility will generate approximately 545 average
weekday vehicle tnp ends
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e · Rand Morgan Road IS estimated to carry approximately 1,900 trips per day. Therefore, the
e additIOnal traffic from the proposed mini-storage facility will have minimal adverse impact
J5 on the exist mg roadway.
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=s · The requested "B-3" Busmess District is mconsistent with the PortlAirport/Violet's future
....
'J1 land use map. The future land use map recommends traditional neighborhood uses.
· The subject property is abutting industrial zoning on the south and residential zoning on the
norch. A commercial zoning developed with a non-intrusive use would buffer the residential
area from the industrIal area.
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Street i Type
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I Rand Morgan Road . Arterial
Paved Section
Volume
2001
1,900 a.v.l.
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20' rural paved section
Planned: 130' R.O.W. wi 95'
Bk. To Bk. avement section
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s: BI I' Platting of the property pnor to issuances of a building permit is required.
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~ E The proposed mini-storage facility will act as a buffer between the residential area to the north
=s e and the industrial area to the south.
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Zoning Report
Case No. 0904-02 (Kyle S. Williams)
Page .<
Denied "B-3" District. and in lieu thereof, approved a "B-1" District with a Special Permit fOT a
mini-storage facllity subject to five (5) conditions.
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~JSF~The only use authorized by this Special Permit, other than the basic uses permitted
bv nght m a "B- ,. NeIghborhood Business District, is a mini-storage facility,
OUTSIDE STORAGE: Outside storage of vehicles. boats, trailers, and other items is not
permitted.
SCREENING: A standard screening fence with a height of not less than six (6) feet must
be installed and maintamed along the north and east property lines.
LIGHTING: All extenor lighting must be directional and shielded. Lighting must be
directed away from surrounding residences and adjacent public right-of-way.
TIME LIMIT: This Special Permit shall be deemed to have expired within one year from
the date of this ordinance unless the property is being used as outlined in condition #1
and In compliance with all other conditions and City regulations.
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Denied "B-3" DIstrict, and in heu thereof, approved a "B-1" District with a Special Permit fOT a
mini-storage facIlity subject to the abovementioned five (5) conditions.
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Notices Mailed 11
Favor 1 being applicant
Opposition 4
(As of October 5. W04)
Attachment: Vicmity Map
Zoning map
H:\PLN-DIR \SHARED\ERM A \ WORD\ZONRPTS\2004\0904-02CCREPORT DOC
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SUBJECT PARCEL
MDN 08-23-04
City of COlrpus Christi. T)
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Vicinity Map
o 150 300 Feet
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B-1
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B-3
-1 B
R-1B
1-2
1-2
MDN 08-23-04
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Notice Map
F-R Farm Rural Distric!
R.TH TO~fOhouse Dwelling District
RA Ol1e Family Dwelling DIstrict
R-'A One F....ily Dwelling Dlstrict
T-1.>:I. Tra\-o;!; Traile! Park D,strict
B.' Neighborhood Busine" District
B-1 A Neighborhood Business District
B.2A Barrier Island Business District
1-2 lillht Induslrial District
Rt R~si~al Estate Oislrlcl
1-18 Marldfact\lred Home Parll. O!!iitIX'
B-2 Bayfronl Business District
1-3 HNVY hldustrial District
SP Special Permit
pun PI..nned Unit Development
He Historical-Cultural Landmartc. Preservation
R.:, Multiple Dwelling District
R 'B One F..ity Dwelling District
T.1C Manufactured Home Subdivision District
60 Corpus Christi Beach Design District
R -' C One Family Dwelling DIstrict
A.1 Apartment House Distrtcl
A_iA Apa,tment House District
B-J Business District
City of C~s Christl TX
8-4 General Business District
A
NORTH
A-:i Apa'1ment Hous-e Di:<.tnct
8-5 Primary Business District
AT .A.pa:lrnent-T:;urlst O,slrict
AS Prol...ssional Office [llstriCl
8-6 Primary Business Core District
-~ imited industrial Dislnc1
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150
300 Feet
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Oepar1meru 01 o.w.lop~1 Se"'lce~
Plannmg (omnussloll M mUleS
September 8, 2004
0904-02 - Kyle S Williams
REQUEST: Change of zoning from "R-l B" One-family Dwelling District to "B-3" Business District,
resulting in a change of land use from low-density residential to general commercial
Etce/pts from ZOlllng Report
Legal DescriptionLocation: Being 5.00 acres out of the southwest corner of Survey no. 416,
Abstract 838, located along the west side of Rand A/organ Road, approximately 500 feet south of
McNorton Road
Area Developmem Plan. Port/Airport/Violet ~~ The requested "B-3" District is inconsistent with
the future land use map. A mini-storage is classified as a commercial use, and is not supported by the
future land use map, Howc>ver, the requested "B-3" District has direct access to an arterial and would
act as a transitionfrom the proposed industrial area to the south and the residential area to the south.
Department Comments, The proposed mini-storage facility will act as a buffer between the
residential area to the north and the industrial area to the south,
Staff Recommendario/l' Approval of the requested "B-3" District.
Mr. Saldana provided graphICS of the subject property and the surrounding area. The zoning
report and tape recording are on file He stated that there were I I notices mailed. None were received in
favor and two in opposItion
Chairman Berlanga opened the publIc hearing.
Mr. Damel J. Davis, 333 Katherine, attorney representing Anderson Oil, Limited, which owns
500 acres south of the subject property, came forward to speak. He stated that they were not opposed to
the mini storage. "B-3" District allows for bars, taverns, and lounges. Their 500 acres is primarily zoned
uI_2",
Mr DaVIS stated that there are future plans to develop their property into possible residential. He
felt that if the subject property was zoned "B-3", there would be a potential to develop a bar, tavern, or
lounge in the future. This would be a problem for future development of the 500 acre adjacent property.
There are a number of ways the plan for a mini storage could be potentially overcome. It could be taken
down and another business could take its place or he could change his mind. Mr. Davis suggested having
a condition with the "B-3" that there be no bar, lounge, or tavern.
Pusley asked if the iand he represented went to Highway 44. He clarified that part of Anderson
Oil Limited's property IS zoned "]-2" and part is zoned "]-3"
Mr. Saldana stated that one option IS "B-1" District with a special permit for mini storage facility
whIch would give the signage they need and would not allow for a bar, tavern or lounge.
Mr. Davis stated that "B-1" would be acceptable to them.
Plannlllg ( 'omnUSSlOlI MmUk"
September 8, 2004
Case No, 0904-02 (Kyle S Williams)
Page 2
Mr. Kevin Anderson, 350 Cavalier, Officer of Anderson Oil, Limited stated that they had been on
the property since 1972. Tuloso-Mldway has a new middle school nearby and Northwest Crossing is
developmg about 100 homes. There is also a Baptist church in the area. He believes this area should be
family oriented.
Amsler abstained and left the room
Mr. Victor Gutierrez, 5656 South Staples, the owner's representative stated that the subject
property ]S narrow and long. Rand Morgan is the only access which limits construction possibilities.
The applIcant is anxIOus to get the mini storage started, His intent may also be small offices.
Mr. Saldana stated that "B-! " does not limit the square footage of offices.
The public hearing was closed.
Pusley asked if the City would be better off with "B-1 A" which limits wall signs.
Mr. Saldana stated that it was a long distance from residential and was not a concern.
A motion was made my Pusley and seconded by Salazar to deny the request for "B-3" and in lieu
of approval of "B-1" with a special permit for mini-storage facilities. The motion passed unanimously.
Amsler returned to the room.
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY KYLE S. WILLIAMS, BY CHANGING THE ZONING MAP IN
REFERENCE TO FIVE (5) ACRES OUT OF THE SOUTHWEST
CORNER OF SURVEY NO. 416, ABSTRACT 838 AND SOUTHWEST
CORNER OF A 100 ACRE TRACT RECORDED IN VOLUME 314, PAGE
531 AND VOLUME 321, PAGE 349 OF THE DEED RECORDS OF
NUECES COUNTY, TEXAS, (CURRENTLY ZONED "R-1B" ONE-
FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT
FOR A MINI-STORAGE USE SUBJECT TO FIVE (5) CONDITIONS;
AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY
DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Kyle S. Williams, for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
September 8, 2004, during a meeting of the Planning Commission, and on Tuesday,
October 19, 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 CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for a mini-storage use on five (5) acres out of the
southwest corner of Survey no. 416, Abstract 838 and southwest corner of a 100 acre
tract recorded in Volume 314, Page 531 and Volume 321, Page 349 of the Deed
Records of Nueces County, Texas, (currently zoned "R-1 B" One-family Dwelling
District), located on the east side of Rand Morgan Road and 600 feet south of McNorton
Road, as shown on the attached Exhibit. (Map 58046)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to an Exhibit and the following five (5) conditions:
1. USE: The only use authorized by this Special Permit, other than the
basic uses permitted by right in a "B-1" Neighborhood Business
District, is a mini-storage facility.
2. OUTSIDE STORAGE: Outside storage of vehicles, boats, trailers, and
other items is not permitted.
Page 3 of 4
3. SCREENING: A standard screening fence with a height of not less than
six (6) feet must be installed and maintained along the north and east
property lines.
4. LIGHTING: All exterior lighting must be directional and shielded.
Lighting must be directed away from surrounding residences and
adjacent public right-of-way.
5. TIME LIMIT: This Special Permit shall be deemed to have expired within
one year from the date of this ordinance unless the property is being
used as outlined in condition #1 and in compliance with all other
conditions and City regulations.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19th day of October, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secreta ry
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG-DI R\Joseph\Zoning-04 \0904-02 Special Permit.doc
Page 4 of 4
APPROVED f~ h-b.y /3 2004
/}J, ,
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Joseph arney
Assistant City Attorney
For City Attorney
H :\LEG-D I R\Joseph\Zoning-04\0904-02Specia IPermit.doc
Page 5 of 4
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. Ilwe, 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 Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H :\LEG-DIR\Joseph\Zoning-04\0904-02 SpecialPermit.doc
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METES AND BOUNDS DESCRIPTION I. ! 5.00 A~RE TRACT OUT OF THE
SOUTHWEST CORNER OF SURVEY 4 ;. STRACT 838, CORPUS CHRISTI,
NUECES COUNTY, TEXAS. . f i I
Being a tract of land situated in Corpus C :." ueces clunty, Texas on Rand Morgan
Road, South of McNorton Road, containing: llcres, m~~e or less, out of the southwest
corner of survey No. 416, Abstract 838, als, gout ofj the southwest comer of a 100
acre tract described in deed of record in Vo . . 14, Pa~e 531 of the Deed Records of
Nueces County, Texas, and being the same r.. . ~cre tract: described in deed of record in
Volume 321, Page 349 of the Deed Recor . o' iNueces Founty, Texas, said 5.00 acre
tract being more particularly described by m : 's . d bounqs as follows, to-wit:
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BEGINNING at a pomt in the center line 0 . e ':ght-of-way of said Rand Morgan Road,
at the S W comer of said Survey 416 and th .. I comer ~f Survey No. 406, for the SW
comer of this tract and the point of beginni I so being ~e SW comer of said 100 acre
tract; If I I
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THENCE, North, along the center line of I' :Jht-Of-w~1 y of said Rand Morgan Road,
along the westerly boundary line of said Su i .0. 416 d along the westerly boundary
line of said] 00 acre tract, a distance of 20 ~; 1 ~eet to a oint for the NE comer of this
tract- :. !
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THENCE, East, parallel to and 208.71 feetl> ~measur~d at right angles) the southerly
boundary line of said Survey No. 416, at 4-. - et, pass a15/8 inch iron rod marking the
easterly boundary line of the right-of-way 0 i and M~rgan Road, in all, a distance of
1043.55 feet to a 5/8 inch iron rod for the er ofthJs tract, also being a joint in the
westerly boundary line of Lot 8, Block 7 o. orton Svbdivision No.3, map of which
is recorded in Volume 12, Page 1 of the Ma" rds ofNueces County, Texas;
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THENCE, S 000 -02' E, along the westerl idary linJ of said McNorton Subdivision
No.3, Lot 8, Block 7, at 58.7] feet pass th i orner or said Lot 8 and the NW comer
of Lot 9, Block 7 of said McNorton Subdivi ~ ~o. 3, i~ all, a distance of208.71 feet to
a 5/8 inch iron rod for the SE comer of act, also peing the SW comer of Lot 9,
Block 7 of said McNorton Subdivision, No.l~ r ;
THENCE, West, along the common line ~.. jn said durvey No. 416 and Survey No.
406, at ] 003.55 feet pass a 5/8 inch iron r : rking die easterly boundary line of the
right-of-way of said Rand Morgan Road, i ~'l distanc~ of 1043.55 feet to the point of
beginning, and containing 5.00 acres of Ian' 0 e or les$, of which 0.19 acre lies within
the boundaries of the right-of-way of said '~ ; organ ~oad.
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TO: 98803239
P.5/10
COYM, REHMET & GUTIERREZ
ENGINEERING, INe
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I Job No. 9714c
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""1t~ -~"rl" KYLE WILLIAMS\F;,ld No", , M.do<
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AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: October 19,2004)
Case No.: 0904-03. CMS Construction Services. LLC: A change of zoning from a "R-IB" One-
family Dwelling District to an "AT" Apartment Tourist District. The property is in Padre Island,
SectIOn E, Block 2, Lots ;\,4, 14, 15, and 18, located west of Leeward Drive, east of Aruba Drive, and
south of Running Light Drive.
Plannin2 Commission and Staff's Recommendation (09/08/04); Approval.
Requested Council Action: Approval of the "AT" District and adoption of the attached ordinance.
Purpose of Request: For multi-family or townhouse development.
Summan
. Change of zoning from a "R-IB" One-family Dwelling District to an "AT" Apartment Tourist
DIstrIct on a five (5) lot area, totaling 1.05 acres.
· Development of the property is planned as mulh-family or townhouse units. An estimated twenty-
four unit complex could generate 160 average vehicle trips.
. Access is provided along Aruba Drive, a local street and Leeward Drive, a collector.
· The subject property is within the Padre Island Section E Subdivision and is included within the
Master Development Plan of Padre Isles and annexed in 1989 with a "R-IB" District zone.
. During the annexation process, reference was made 10 the adopted ordinance to consider rezoning of
Section E to a multi-family use within SIXty (60) days of the annexation, as reflected in the Master
Development Plan of Padre Isles
· Rezomng of the remaining SectIOn E "R-IB" DIstrict property to a "AT" District has occurred along
the east side of Aruba Drive with a zoning request pending along Aruba near Leeward Drive.
. Townhouse construction shall be built in compliance to all provisions of the hlternational Residential
Code (2003 Edition), International Fire Code (2003 Edition), and the Corpus Christi Zoning
Ordinance as amended and adopted by the City of Corpus Christi, Texas.
. As specified in Chapter 2 of the International Residential Code (2003 Edition), a townhouse is
defined as a single-family dwelling Ulllt constructed in a group of three or more attached units with
each unit extending from foundation to roof and with open space on at least two sides. A dwelling
umt IS defined as a single unit providing complete independent living facilities for one or more
persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. To be
considered single-family dwelling umts, each dwelling unit shall have a two-hour firewall separation,
as defined in Section R317 of the IRe. between abutting neighbors.
Agenda \kmorandum
October! 9, 2004
Case No 0904-03 (eMS Construction ServICes. LLC)
Page 2
· Distance between buildings shall comply with Article 24, Section 24-1, of the Corpus Christi
Zoning Ordinance for the appropriate zoning district. Minimum distance between buildings shall be
I () feet (following the five foot side yard requirements from the Townhouse Regulations),
· On-site water supply regarding fire hydrant locations, shall comply with IFC- Chapter 5, Section
508" I, Exception 2 requirement. Exception 2 states that fire hydrants must be spaced no further
apart than 600 feet on any type of roadway that provides access to the units, regardless if the roadway
is pn vate, public or an access drive. Additionally, no part of any structure may be further than 300
feet. as the hose lies, from a fire hydrant.
· Based on the directive of the 1989 ordmance and the Master Development Plan of Padre Isles,
conSideration to rezone the subject property from a "R-IB" District to a "AT" District should be
conSidered.
Applicant's Position: The applicant concurs with Planmng Commission's recommendation.
Notification: Of the one hundred sixteen notices mailed to the surrounding property owners, none were
returned 1ll favor and three (3) were returned in opposition. The 20% rule is not invoked. This case is
considered noncontroversial.
~/tU~ A)
Niichael N. Gunning, AICP
Assistant Director of Development Services
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tvfNG/FGM/er
Attachments:
1) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H:\PLN-DIR \SHARED\ERM A \ WORD\AGENDM EM'2004\0904-03A GENDAMEMODOC
ZONING REPORT
Case No.: 0904-03
Planning Commission Hearing Date: September 8, 2004
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. Applicant eMS Construction Services, LLC
I Owner: Lidiya Totska-Smith
I Agent: Coastline Properties -- Cheri Sperling
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I Property Address/Area: Padre Island Section E, Block 2, Lots 3, 4, 14, 15 and 18, located
I west of Leeward Drive, east of Aruba Drive and south of Running Light
Drive.
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"R-I B" One-family Dwelling District
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To:
"AT" Apartment Tourist District
Future Land Use
Low-density residential
and medium to high
density residential
Low-density residential
and medium to high
densi residential
Low-density residential
and medium to high
density residential
Medium to high density
residential
Low-density residential
and medium to high
densi residential
. Area:
1.05 acres
I
i Purpose of Request: Multi-family or townhouse development.
i Site
Zoning
"R-IB" District
Existing Land Use
Undeveloped land
North "R-l B" and "AT" Districts Undeveloped land
South
I Undeveloped land
"R-l B"& "AT" Districts
I
East t'R.IB'; and "AT"DlStricts ! Undeveloped
I I multi-family
I I
t townhouses
;- West :'R I-B" - aml- -- -"-i\- T" , 1 Jndeveloped land
Distric's
- - - -- --- -- - - - -- -----
land,
and
ZOlllng ReporI
Case No 0904-03 (eMS COllstructlOn Servlcc. LLC)
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Area: Padre-Mustang Island Area - The proposed development is consistent with the
. future land use map and Master Development Plan of Padre Island that recommends
. this area to transition to "AT" Apartment-Tourist District.
, Map: 28026
I Zoning Violations' None
i. Change of zoning from a "R-lB" One-family Dwelling District to an "AT" Apartment Tourist
District on 1 five (5) lot area. totaling I .05 acres.
· Development of the property IS planned as multi-family or townhouse units. An estimated
twenty-four unit complex could generate 160 average vehicle trips.
· Access IS provided along Aruba Drive, a local street and Leeward Drive, a collector.
· The subject property is within the Padre Island Section E Subdivision and is included within the
Master Development Plan of Padre Isles and annexed in 1989 with a "R-IB" District zone.
· Dunng the annexation process, reference was made in the adopted ordinance to consider
rezoning of Section E to a multi-family use within sixty (60) days of the annexation, as reflected
In the Master Development Plan of Padre Isles.
· Rezoning 01 the remaining Section E "R- I B" District property to a "AT" District has occurred
along the east side of Aruba Drive with a zoning request pending along Aruba near Leeward
Drive
· Townhouse construction shall be built in compliance to all provisions of the International
Residential ('ode (2003 Edition), International Fire Code (2003 Edition), and the Corpus Christi
Zoning Ordinance as amended and adopted by the City of Corpus Christi, Texas.
· As specitied m Chapter 2 of the International Residential Code (2003 Edition), a townhouse is
defined as a single-family dwelling unit constructed in a group of three or more attached units
with each Unit extendmg from foundation to roof and with open space on at least two sides. A
dwelling unit is detined as a smgle UllIt providing complete independent living facilities for one
or more persons, including permanent provisions for living, sleeping, eating, cooking and
sanitation. To be conSIdered single-family dwelling units, each dwelling unit shall have a two-
hour firewall separation, as defined in Section R3 I 7 of the IRC, between abutting neighbors.
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Distance between buildings shall comply with Article 24, Section 24-1, of the Corpus Christi
Zoning Ordinance for the appropriate zoning district. Minimum distance between buildings shall
be 10 feet (following the five foot side yard requirements from the Townhouse Regulations).
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On-sIte wateI supply regardmg tire hydrant locations, shall comply with IFC- Chapter 5, Section
508.5.1, Exception 2 reqUlrement. Exception 2 states that fire hydrants must be spaced no
further apart than 600 feet on any type of roadway that provides access to the units, regardless if
the roadway IS private. pubbc or an access drive. Additionally, no part of any structure may be
further than 300 feet, as the hose lies, !rom a tire hydrant
Zomng Report
Case No. 0904-03 (CMS ConstructIOn SCf\lCe LLC)
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· Based on the directl\e of the 1989 ordinance and the Master Development Plan of Padre Isles,
consideration to rezone the subject property from a "R-I B" District to a "AT" District should
be conslder'.:d.
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Volume
2001
840 a.d.t.
Paved Section
Type
Leeward Drive
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. Collector
, 60' ROW w/42' Bk To Bk
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I (Planned - Same)
! 60' ROW w/42' Bk To Bk
(Planned - Same)
N/A
Aruba Drive
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Subject property is platted.
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In October 2003, four (4) lots along Aruba Drive and south ofthe subject property along
Aruba Drive were changed from a "R-IB" District to an "AT" Apartment Tourist
District. A pending request for a change of zoning on two (2) lots along Aruba Drive near
Leeward Drive from "R-IB" to "A- T" Apartment Tourist District was recommended for
approval by the Planning Commission in March 2004. April 2004, five lots along
Running Light Drive were approved with an "A-T" Apartment-Tourist District. Granting
the requested change of zoning on the subject property will accomplish the directive of
the 1989 annexation ordinance and the Master Development Plan of Padre Isles.
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Approval of the "A T"Apartment Tourist District.
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Approval.
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Zomng Report
Case 1'-.0 0904-0.; (eMS Construction Sen ICe LLC)
Page 4
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Number ofNotlces Mailed
Favor
OppositIOn
(As of October, ,'004)
. 116
,
Attachment: Zoning Map
H:\PLN-DIR\SHARED\ERM A \ W ORD\ZON RPTS\2004\0904-03CCREPOR T.DOC
SUB~-~CT
MDN 08-23-04
-;-R farm Rurai District
RE Residential Estate District
RA One Family Dwelling District
Q:.' A One Family Dwelliny Oistnct
~.;B One Family Dwelling Distnct
R:.iG One Family Dwelling Distnct
City ofCorput; Christi, TX
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Oepartment '" Oe'l'elopme"t ServIces
B-2A
Cllfij~ ~08~=03
Notice Map
q~TH 'ownhouse Dwelling Oistlie'
B.l Neighborhood Business District
B-1A Neighborhood Business District
B-2A Barrier Island Business District
1.2 light Industnal District
1.3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
He Historical-Culturalllndmark Preservation
R-2 Multiple Dwelling Distncl
!".1A ~(avel Trailer Pafk Districl
;- -16 Manufactured Horne Park Distnct
B.~ Bayfront Business District
r .1C Manufactured Home Subdi\{ision District
A-1 4.partment House Distrkl
A-1A I:lt.partment House Distncl
BO Corpus Christi Beach Design District
B-3 Business mstnet
B...14 General Business District
....
NORTH
A.2 Apartment House DistriCl
8.5 Primary Business District
..T ~partment.Tourist District
A.B :'rofessiol\al OffIce Oistfl('
B..ti Primary Business Core District
limited Industrial District
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150 300 Feet
I
Plannmg, ommlSSlO1l Mmuks
September II. 2004
0904-03 - CMS ConstructIOn ServIces, LLC
REQUEST: Change of zoning from "R- ] 13" One-family Dwelling District to "AT" Apartment-Tourist
District, resulting in a change of land use from low-densIty residential to high-density residential and
commerCIal.
FAcerptsFom Zonmg Reporr
Proper~v Address/Area: Padre Island Section E, Block 2, Lots 3, 4, 14, 15 and 18,
located west of Leeward Drive, east of Aruba Drive and south of Running Light Drive.
Area Development Plan: Padre-Alustang Island Area - The proposed development is
consistelll with thefutun' land use map and Master Development Plan of Padre Island that
recommends this area to transition to "A T" Apartment- Tourist District
Department Comments: In October 2003, four (4) lots along Aruba Drive and south of the
subject properZv along Aruba Drive were changed from a "R-1B" District to an "AT"
Apartment Tourist District. A pending request for a change of zoning on two (2) lots along
Aruba Drive near Leeward Drivefrom "R-IB" to "A-T" Apartment Tourist District was
recommended for approval by the Planning Commission in March 2004. April 2004, five lots
along Running Light Drive were approved with an "A-T" Apartment-Tourist District. Granting
the requested change of zoning on the subject property will accomplish the directive of the 1989
annexation ordinance and the lvfaster Development Plan of Padre Isles.
Staff Recommendation. Approval of the "A T" Apartment Tourist District.
Mr. Saldafia provided graphIcs of the subject property and the surrounding area. The zoning
report and tape recording are on file. He stated that there were 15 notices mailed. None were received in
favor and two in opposition
Mr Saldana stated that thiS area has received several requests through the years for zoning
change and is consistent with the area development plan.
There are a lot of condommiums and town homes in the area. The applicant wants to rezone and
be consistent with what is in the area
Chairman Berlanga opened the public hearing.
Ms Brenda Howard. 14161 Laguna Bay, stated she was in favor of the zoning change.
The publIc heanng was closed.
A motion was made by Zamora and seconded by Smith to Motion was made by Smith and
seconded by Pusley recommend approval. The motion passed unanimously.
Chairman Berlanga left the meetmg at 6:33 p.m. and in the absence of the Vice-Chairman, Mims
took charge of the meeting.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CMS CONSTRUCTION SERVICES BY CHANGING THE ZONING
MAP IN REFERENCE TO PADRE ISLAND, SECTION E, BLOCK 2,
LOTS 3, 4, 14, 15, AND 18, FROM "R-1B" ONE-FAMILY DWELLING
DISTRICT TO "AT" APARTMENT TOURIST DISTRICT; AMENDING
THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS
FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planmng Commission has forwarded to the City Council its reports and
recommendations concerning the application of CMS Construction Services for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
September 8, 2004, during a meeting of the Planning Commission, and on Tuesday,
October 19, 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 CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Padre Island, Section E, Block 2, Lots 3, 4, 14, 15,
and 18, from "R-1 B" One-Family Dwelling District to "AT' Apartment Tourist District,
located west of Leeward Drive, east of Aruba Drive, and south of Running Light Drive.
(Map 028026)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H: \LEG-DI R\Joseph \Zoning-04 \0904-03Regular. doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure 011 this 19th day of October, 2004.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED e~ fz~d~_. _2004
~!~/
Joseph Ht'arney 0
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
H:\LEG-DI R\Joseph \Zon mg- 04 \0904-03R eg ul ar. doc
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Page 3 of 3
Corpus Christi, Texas
day of _ _____ _' 2004
TO THE MEMBERS OF THE CITY COUNCIL
Corpus ChristL 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.
Respectfu lIy,
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 Garrett
William Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
H:\LEG-DI R\Joseph \Zon ing-04 \0904-03 Reg ular. doc
AGENDA MEMORANDUM
PUBLIC HEARING n_ ZONING (CIty Council Action Date: October 19,2004)
Case No.: 0904-05, The Coves at La1!:o Vista: A change of zoning from a "F-R" Farm-Rural District
and "RE"' Residential Estate District to a "RA." One family Dwelling District. The property is on
130.52 acres out of Laurelcs Farm Tracts. Section 3 J. and 32, located south ofF.M. 2444 and east of
Kmg Irati
Plaooin1!: Commission and Staff's Recommendation (09/08/04): Denial of"RA" District, and in
lieu thereof, approval of a Special Permit for Yz acre single-family residential lots subject to 21
condl1lons
Requested Council Action: Demal of "RA" DistrIct, and in lieu thereof, approval of a Special Permit
for ~ acre single-family residential lots subject to 21 conditions and adoption of the attached
ordinance
P.rpose of Request: For a half-acre lot smgle-family subdiviSIOn.
S.mma ry:
. The applicant has requested a change of zoning to a "RA" One-family Dwelling District to allow for
the development of a residential subdivision with half-acre minimum lots.
. The eXIsting "RE" District requires a minimum lot area of I-acre while the "RA" District allows a
minimum Jot area of 15,000 square feet. The zonmg ordinance does not provide for a specific district
that allows for ill-acre lots. Proposed lots within the "RA" District will be larger than the minimum
requirement of the distnct, in order to meet reqUIrements for septic systems.
. Due to the absences of CIty wastewater m the area a private septic system will be required for each
lot. A mimmum lot area of a half-acre for septIc systems is required in accordance to state regulations
and the city plattmg ordinance.
. Tract I consIsts of 0.2'7 acre of"FR' Farm-Rural District undeveloped property and is planned as a
portion of a proposed CIty park to the north. Currently, the future land use map recommends this area
to retain its agrIculture, rural character The subject property developed as a future park for the
proposed reSIdential an:a wlll maintain the open character of the plan.
. Tract 2 consIsts of l30 25 acres of undeveloped property. Approximately 161 Yz-acre lots are
proposed. The current "RE" District provides for large lot development without curb, gutters and
sidewalks when I-acre lots are provided. With the reduction oflots to a Yz -acre, curbs, gutters and
sidewalks WIll be reqUIred.
. One and two-story smgle family residences are planned for the subdivision. The I 61-10t subdivision
would generate 1,610 average dally trips along F.M. 2444 - South Staples Street that connects to
Klllg Trail and King Acres Drive. west of the subject property.
CITY COUNCIL
ZONING REPORT
Case No.: 0904-05
Planning Commission Hearing Date: September 8, 2004
~ ~ I Applicant: fhe Coves at Lago Vista
li -; 'i! Owner: . fhe Coves al Lago Vista, Ine
J If'i:: I Agent: Urban Engineenng- Eugene C. Urban
1:,.J ~ Legal Description/Location: Being 130.148 acres out of Laure1es Farm Tracts, Section 31 and
<( Q I 32, located south ofF.M.2444 and east of King Acres Drive and King Trail.
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I From: Tract - I "FR" Farm-Rural District and Tract 2 - "RE" Residential Estate District
i To: Tracts I and 2 - "RA" One-family Dwelling District
! Area Tract 1 0.27 acre and Tract 2 ~ 130.25 acres Total- 130.52 acres
j Purpose of Request: Half'..acre lot single-family subdivision
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I i Zonmg EXlstmg Land Use
r Sit(-'- t "FR:, F;nn-Ru~al Distn~t and Undeveloped Estate Residential
i "RF ResIdenttal Estate I
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---.-.----.-.-
! North "F-R" Farm-Rural District Undeveloped Agricultural/Rural
---..
i South "R-E" Residential Estate Undeveloped Estate Residential
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i East "F-R" Farm-Rural District Park Park
f.----.- --
I West "RE" Residential Estate Estate Residential Estate Residential
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I Area Development Plan: London- The requested "RA" DIstrict is consistent with the future
i land use map provided additIOnal requirements for septic systems are established and adhered.
i Retaining the "RE" District WJth a SpecIal Permit for the subject property addressing issues
! relating to the septic system IS recommended for the site.
I Map No. 46029
I Zoning Violations: None
Agenlid \1 'clllOl Jl1, IUl;
Octobel 11).2004
Case Nil '1904-0S (The ('<lve.> at Lago \]sta)
Page 2
· Current access fix the development IS along King Trail and King Acres Drive, both being local
streets, designed wIth (,a-foot nght-a-ways. Future access will be provided along South Oso Parkway
to the south once full development of the Parkway has occurred.
· The demand for waterl Nastewakr s<:f\!lce is proJected at 56,350 gallons per day with a solid waste
demand of I 4311bs. dlily
· The subject property is within the Oso Creek area, whereby environmental issues as to septic systems
were addressed by the Health Department of the city. Additionally, city staff has discussed the
eX1ensIOn and construclIOn of South Oso Parkway with related partIes of the subject property in prior
meetmgs. In order to develop the subject property while addressing issues of Development Services
and the Health Department, a Special Permit is recommended within the existing "RE" District.
APplicant's Position: The applicant concurs with Planning Commission's recommendation.
Notification: Of the mneteen 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.
je/W~~ /!/~
Michael N. Gunning, AICP .. /
Assistant Director of Development Services
MNG/FGM/er
Attachments:
I) Zoning Report with 21 conditions
2) Planning CommIssIOn Minutes
3) Ordinances
H:\PLN-DIR \SHARED\ERM A \ 'W ORD'A GE ~DMFM\2004\0904-05AGENDAMEMODOC
Zonmg Report
Case N,- f1904-0S (The Cnve, at Lago \ Ista)
Page 3
Street
--1
I
Type
i
--F.M. 2444 (S~taples---1R;ral Arterial
Street I
South 6~~P~rb~ay to the-1-Rur~1 Par~ay
north
Paved Section
Current: 60' pavement
Planned: 100' R.O.W. w176'
avement
Current: 80' R.O.W. w176'
pavement
Planned: Continuation as
above to F.M. 2444 -South
Staples
60' R.O.W. wi 42' Bk. to Bk.
avement
60' R.O.W. wi 42' Bk. to Bk.
Volume
2001
4,080 a.d.t.
Not available
Not available
Not available
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Planned: South Oso
Parkway to the south
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S:.f Plat reqUlred pnor to Issuance of a building permit.
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i King Trat!
I King Acres Dri\ e
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e i The proposed smgle-famlly subdivision provides for a unique development with all lots being a
t:: 8 minimum of a half-acre and many adjacent to a lake.
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Zonmg i{q)l)rt
Case N". tl904-0') (Tilt, ( lye' at [ago \ Ista
Page 2
· The appltcant has requested a change of zoning to a "RA" One-family Dwelling District to
allO\\ for the development of a residential subdivision with half-acre minimum lots.
· The eXlstmg "RE" District requires a minimum lot area of I-acre while the "RA" District
al 10\\ sa mirnmum lot area of 15,000 square feet. The zoning ordinance does not provide for
a speCific district that allows for Y2-acre lots. Proposed lots within the "RA" District will be
larger than the mmimum reqUIrement of the distnct, in order to meet requirements for septic
s\-sterns
. Due 10 the absences of cIty wastewater in the area a private septic system will be required for
each lot. A minimum lot area of a half-acre for septic systems is required in accordance to
state regulatIOns and the city platting ordinance.
· Tract 1 consists of 0.21 acre of "FR" Farm-Rural District undeveloped property and is
planned as a portion of a proposed city park to the north Currently, the future land use map
recommends this area to retain its agriculture/rural character. The subject property developed
a~ a future park for the proposed residential area will maintain the open character ofthe plan.
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Tract 2 consIsts of 130.25 acres of undeveloped property. Approximately 161 Y2-acre lots are
proposed. The currenr "RE"' DistrIct provides for large lot development without curb, gutters
and sldew'alks when i-acre lots are provided. With the reduction of lots to a Y2 -acre, curbs,
gutters and sidewalks will be required
One and tWll-story Single family residences are planned for the subdivision. The 161-lot
subdivisIOn would generate 1,610 average daily trips along F.M. 2444 - South Staples Street
that connects to Kmg Trail and King Acres Drive, west of the subject property.
· Current acce'ss for the development IS along King Trail and King Acres Drive, both being
local streets deSIgned with 60-foot right-a-ways. Future access will be provided along South
050 Parkway to the sl)Uth once full development of the Parkway has occurred.
. The demand for water/wastewater service IS projected at 56,350 gallons per day with a solid
waste demand of I A?- 3 lhs daily
. The subject property IS wlthm the 050 Creek area, whereby environmental issues as to septic
systems were addressed hy the Health Department of the city. Additionally, city staff has
dIscussed the extension and construct Lon of South Oso Parkway with related parties of the
subject property 10 pnor meetings. In order to develop the subject property while addressing
Issues ot Development SerVlces and the Health Department, a Special Permit is
recommend(~d within the ex!sting "RF" District.
Zonmg tZcport
Case N, 0904-05 The C ,ve~ at Lago \ 15ta,
Page 5
9 _ Required On-Site Sewa1!e Facility: Due to soil and site conditions a surface application
system will be required. The systems shall consist of a 500-gallon per day Aerobic
Treatment Unit and a 750-gallon pump tank with a 1/2 hp pump and a chlorinating
chambel (preferably liqUId chlorine) and low-angle sprinkler nozzles. The surface
apphcatlOn area (number of sprinklers) is determined by the number of bedrooms and/or
square [.)otage of the residence
10. Surface Application Restrictions: Whenever the buffer zone between the property line
and the edge of the spray area is less than 20 feet, a minimum setback of 10 feet is
reqUIred The dispersal area shall be controlled by a commercial irrigation timer set to
spray between mldnight and 5 :00 a. m.
11. Maintenance Requirements: A two-year maintenance contract with the signature of the
homeo\\ner in combination with a certified installer and/or maintenance company is
reqUIred. Additional requirements mclude the submlssion of the sign contract to the
regulatory authOrity prior to the issuance of a construction. On-going maintenance
throughout the lite of the system shall continue. Renewal of maintenance contracts must
be submItted to the regulatory authority 30 days prior to the expiration date.
12. Affidavits to the Public: An affidavit to the public must be filed with the Nueces County
Clerk's Office pnor to the issuance of a license to operate the system. The affidavit must
mclude the name of the homeo\\ner, address, legal description of the property, type of
system mstalled and any variances that are granted. (Variance, if any, will be limited.)
13. Acceptable Surface Application Areas: Land acceptable for surface application shall
have a flat terrain (< 1 S%, slope) and shall be covered with vegetation, i.e., grass, trees or
mixed vegetatlOD
14. Landscape Plan: A landscape plan must be included when applying for a construction
permit. The landscape plan shall describe the type of vegetation to be maintained in the
dIsposal area
15. Effluent Disinfection: The treated effluent must be disinfected before surface
application can occur (liquid chlorine). It is the homeowner's responsibility to maintain
the proper chlorine reSIdual (0.1 rngll)
I,ODlllg i<epolt
CaseN,' \'904-115 The (,,'co It Lagu \ ISla
Page 4
Denial of the requested "RA" One-family Dwelling District and approval ofa "RE" District with
a SpeCial Permit subject to the following conditions:
Permitted Uses: Uses permitted by right in the "RE" District.
2. Lot Area: Lots within the proposed subdivision of the subject property are to maintain a
minimum lot area of acre,
Uuildin2 SetbackslHeil!ht: Minimum front setback IS 25 feet, with a minimum side
selback of 5-feet and maximum hClght of 35 feet.
4, Infrastructure Requirements: Curbs, gutters, and sidewalks shall be provided along
each lot frontage within the proposed residential subdivision of the subject property, per
city reqUirements
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5 Access: The developer IS to construct and extend a portion of South Oso Parkway within
the limits of the subject property as it aligns with the reserved Parkway area north of the
subject property, This portion of the Parkway IS to serve as a future access point for the
development as South Oso Parkway connects to F.M. 2444/ South Staples Street.
6. Drivewavs: Spacmg of dnveways for each lot along South Oso Parkway shall have a
combined average total spacing of 150 feet.
..,
Septic Development Plan: Before the permit process for individual OSSF's (on-site
sewage facilities) are initiated, persons proposing the residential subdivision and using
OSSF's for sewage disposal shall submit planning materials for the development to the
Corpus ('hristi-Nueces County Public Health District. Such material shall be prepared by
a profeSSIOnal engmeer or profeSSIOnal sanitarian and shall include: 1. Overall site plan,
2 Topographic map, J lOO-year floodplain map. 4, Soil survey, 5. Location of water
well(s), ('. LocatIOn of casements. '7 Complete report detailing the type of OS SF for
consJderation. and 8. c'ompatibility of the selected system with area drainage and
ground\vater
8 Selection Criteria for Treatment and Disposal System: The type and size of an OSSF
shall be determined based on the soil and site information report. The report shall state
SOlI and sIte condItIOns, I.e" soil texture. groundwater evaluation, topography, flood
hazard and setback restnctions. Site evaluations are to be performed on each tract ofland
where an OSSF IS planned for Installation by a certified site evaluator or professional
engmeer
Zoning Report
Case 1\0 il904-05 (TIlt" Cove' at LJ!!o \' 1st" I
Page -
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Notices Mailed
Favor
OppositIOn
(As of October 5
19
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2004)
Attachments: Vlcimty Map
Zoning Map
H:\PLN. DlR\SH ARED\ER MA' WORD\ZONRPTS\2004\0904-05CCREPOR T.ooe
.lolling 1< ,:;uIt
Case]\.\ O(Jo4-i!~ The C,'\es at Lat:o \ I,ta
Page 6
16 Testin!! and Reportin!!: The system operating components shall be inspected every four
(4) months by a certified maintenance company. The chlorine residual within the
chlonnatmg chamber shall be submitted to the permitting authority and the homeowner
\'ilthm 14 days
17 Professional Desi!!n: The surface applIcation system shall be designed by either a
professional engineer O! a professIOnal sanitanan. The design criteria must comply with
( 'hapter 285, as It pertams to surface application systems of the Texas Administrative
( ode
1 8 Septic Setback Requirements: To prevent potential pollution from occurring, the
following setbacks are to be adhered to: 1. Septic tank must be 5 feet from any structure
and property Ime limItatIOns, 2. Edge of spray area must be 10 feet from property lines
and water meter, :;, Edge of spray area must be 50 feet from any body of water (natural or
man-made), 4. Edge of spray area must be 100 feet from any water well (unless the well
IS pressure grouted to a depth of 100 feet), and 5.Edge of spray area must be 25 feet from
property or surrounding swimming pool.
19. Additional Restrictions: I. The deSign criteria shall be submitted to the Corpus Christi-
Nueces County Public Health District as the authorized agent for review and approval
pnor to applying lor a building/plumbing permit. Upon approval, a permit to construct
w1l1 be issued. 2 The surface application area must be free from any type of construction
(current or future) I.e. basketball and tennis courts, swimming pools, storage buildings
and workshops etl
20. Plat: Place a note on the preliminary and final plat to refer to the conditions of this
specIal permit and zoning case number
21. Time Limit: ThiS SpeCial Permit shall be deemed to have expired within one (1) year
from the date of thIS ordmance unless the property is being used as outlined in Condition
# 1 and In complIance with all other conditions.
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Denial of <ORA" Distnct and In lieu thereof. approval of an SP for Y2 acre single-family residential
lots subject to 21 conditions.
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MDN 08-23-04
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;::*R Farm Rural District
R TH Townhouse :}wellir.Q Districl
e~' Neighborhood Business District
RE Residential Estace District
8.1A Neighborhood BusIness District
8-2A Barrier Island Business District
Multi~ll! Dwelling Distdc
RA One Famliy Dwelling Distrid
i A. Tra....el ,. raile' Park Distrki:
0;:.1'" One Family C'welHng Distri,-:!
1 B Manufactured Home Par~ District
B-2 Bayfront Business District
R-1B One Family Dwelling Distrid
T 'C Manufa-:tured Home S~Jbdj',ision District
80 Corpus Christi Beach Design District
R-1C One Family Dwelling Distn<:l
Apartrnent H.luse D;stnc
8.J Business District
City of-Corpus Christi. TX
i'~';,""",""""~~~..A_.'_"'~~
AlA Apartment t-lJUse ('jstll~
B4 General Business District
A ~ Apartm~nt H,)use OlstriC
8-5 Primary Busine'ls District
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Apart!11~n.-,T .urist LllSfrj,!
8-0 Primary Business Core District
~Imited Industrial t"istricl
ProfpSSIQna' Office [)l!>tn
Department" De\lMopment Servi<:es
F-R
F-R
Notice Map
1-2 Light Industrial District
1-3 Heavy Industrial District
SP Spec:lal Permit
PUO Planned Unit Development
He Historical..cultural landmark Preservation
....
NORTH
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150 300 Feet
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NORTH
Vicinity Map
o 150 300 Feet
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MDN 08-23-04
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~partment Gf>>eYetopmen: ServIces
Planning: l OmrnIS~lOn \1IllUt'
September 8, 2004
Case r-o 1)904-05 (The (ove' at Lago \'Ista!
Page 2
1\1r. Gunning stated that adequate access was mandatory and was a platting issue. When staff
reVIews the plat we will reVIew secondary access. It can be made a requirement. He also stated that any
new OVvTIers would be aware of reqUirements that are tied to land.
Mrs. Mary France~ Temente stated that staff could bring in a traffic engineer to look at the issues
and gI ve an observatIOn
Mr. Urban stated he had a lot of ideas that he could not layout on the table right now.
Salazar stated then would be InDIted traffic with phase one.
Mr. Urban stated that the development would be in several phases and as more lots are developed,
more roads will be developed. TXDOT will progress with the roads as the development progresses. He
stated he was willing to work out these Issues until everyone is comfortable.
Mr. ChrIstopher Ramey, 802 N. Carancahua, representative of Mr. Shumate, stated he was
opposed and asked for an extension on the case so Mr. Shumate, who is out of the country, can have time
to respond.
The public hearmg was closed.
A motion was made by Braselton and seconded by Smith for denial of the requested "RA" Olle-
family DwellIng District and approval of a "RE" District with a Special Permit subject to the 21
conditIOns Motton passed with Pusley and Salazar m opposition.
Planmnh ( OnmllSSIOI' \111iUtl'
Septemher 8, 2004
0904-f! s rhe Cow" at Lago V J sta
REQUEST Change ot zomng from "F-R' Farm-Rural DistrIct and "RE" Residential Estate District to
"'RA" elne-family Dwelling Distnct, resultmg in a change of land use from agriculture and one-acre low-
density resIdential to half-a;;re low-dens!t; resIdential
Excerpls (rom Zonil/K Report
L'-'gal Descnpllon/LocallOl1 Bemg J 30. j 48 acres out ofLaureles Farm Tracts, Section 3 j and
32, located south o( 1"..1'.1.2444 and edst of King Acres Drive and King Trail.
Purpuse of Requ.e.sl Half-acre lor slI1gle-familr subdivision
Area Development Plan London The requested "RA " District is consistent with the future land
use map provided additIOnal requirement,', for septic clystems are established and adhered. Retaining the
"RE" District with a Special Permit for the subject property addressing issues relating to the septic
~ystem is recommended for the site.
Venial of the requested dR4' One:family Dwelling District and approval of a aRE" District with
a Specwl Permit sub/ecI 2 j conditiolls.
Mr. Saldana provided graphICS of the subject property and the surrounding area. The zoning
report and tape recording are on file He stated that there were 19 notices mailed. None were received in
favor (,I Hi OppOSItIOn.
fv1r Saldana stated that most of the conditions were set by the Health Department.
rhe public heanng was opened.
Mr. Chuck Urban, 2725 Swantner. representatIve of the applicant stated this is a zoning case and
he wi]] come back WIth the preliminary plat He stated he had a new layout with fewer lots and he is
working on the sewer sItuation. 11 is a SImilar layout with less density.
Mr. Robert MarVIn 5525 King Acres, President of the Master Association did not object to the
development. He felt it would enhance the area and preserves values, He objected to the developer using
the King Estates entrance a; theIr pnmary entrance
Mr. Jerry Kramer 5710 King TraIl, stated he IS III favor of the development. His concern is traffic
and accessibilIty They do not have sidewalks and \\ ith the increase in lots, there would be a great
increase in traffic. HIS \:oncern 1S safety
Mr. John SendeJar stated the development would add value and enhance the area but he also had
health and safety concerns and that infrastructure was needed
Mims stated that the Commlssion IS only looking at zomng; these other issues will be addressed
with the plat
Mr. Saldana stated that the CommIssion III the past has required other access at a certain point in
development.
Page 2 of 5
4. Infrastructure Reauirements: Curbs, gutters, and sidewalks shall be provided along
each lot frontage within the proposed residential subdivision of the subject property, per
city requirements
5. Access: The developer is to construct and extend a portion of South Oso Parkway
within the limits of the subject property as it aligns with the reserved Parkway area north
of the subject property, This portion of the Parkway is to serve as a future access point
for the development as South Oso Parkway connects to F.M. 2444/ South Staples
Street
6. Driveways: Spacing of driveways for each lot along South Oso Parkway shall have a
combined average total spacing of 150 feet.
7 Septic Development Plan: Before the permit process for individual OSSF's (on-site
sewage facilities) are initiated, persons proposing the residential subdivision and using
OSSF's for sewage disposal shall submit planning materials for the development to the
Corpus Christi-Nueces County Public Health District. Such material shall be prepared
by a professional engineer or professional sanitarian and shall include: 1. Overall site
plan, 2. Topographic map, 3. 1 OO-year floodplain map. 4, Soil survey, 5. Location of
water well(s), 6. Location of easements, 7. Complete report detailing the type of OSSF
for consideration, and 8. Compatibility of the selected system with area drainage and
groundwater
8. Selection Criteria for Treatment and Disposal System: The type and size of an
OSSF shall be determined based on the soil and site information report. The report shall
state soil and site conditions, i.e., soil texture, groundwater evaluation, topography, flood
hazard and setback restrictions Site evaluations are to be performed on each tract of
land where an OSSF is planned for installation by a certified site evaluator or
professional engineer
9. Reauired On-Site Sewaae Facility: Due to soil and site conditions a surface application
system will be required. The systems shall consist of a 500-gallon per day Aerobic
Treatment Unit and a 750-gallon pump tank with a Y:z hp pump and a chlorinating
chamber (preferably liquid chlorine) and low-angle sprinkler nozzles. The surface
application area (number of sprinklers) is determined by the number of bedrooms and/or
square footage of the residence.
10. Surface Application Restrictions: Whenever the buffer zone between the property line
and the edge of the spray area is less than 20 feet, a minimum setback of 10 feet is
required. The dispersal area shall be controlled by a commercial irrigation timer set to
spray between midnight and 500 a, m
11 Maintenance Reauirements: A two-year maintenance contract with the signature of the
homeowner in combination with a certified installer and/or maintenance company is
required. Additional requirements include the submission of the sign contract to the
regulatory authority prior to the issuance of a construction. On-going maintenance
throughout the life of the system shall continue. Renewal of maintenance contracts must
be submitted to the regulatory authority 30 days prior to the expiration date.
H:\LEG-DI R\Joseph\Zoning-04\0904-05SpeciaIPennit.doc
Page 1 of 5
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE
COVES AT LAGO VISTA BY CHANGING THE ZONING MAP IN
REFERENCE TO 130.52 ACRES OUT OF LAURELES FARM TRACTS,
SECTION 31 AND 32, (CURRENTLY ZONED "F-R" FARM-RURAL
DISTRICT) BY GRANTING A SPECIAL PERMIT FOR HALF-ACRE
SINGLE-FAMILY RESIDENTIAL lOTS SUBJECT TO TWENTY-ONE
(21) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of The Coves at Lago Vista for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
September 8, 2004, during a meeting of the Planning Commission, and on Tuesday,
October 19, 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 CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for half-acre single-family residential lots on
130.52 acres out of Laureles Farm Tracts, Section 31 and 32, (currently zoned "F-R"
Farm-Rural District), located south of F.M. 24444 and east of King Acres Drive and
King Trail, as shown on the attached Exhibit (Map 46029)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to an Exhibit and the following twenty-one (21) conditions:
1. Permitted Uses: Uses permitted by right in the liRE" District.
2. Lot Area: Lots within the proposed subdivision of the subject property are to maintain a
minimum lot area of 'Y2 acre,
3. Buildina SetbackslHeiaht: Minimum front setback is 25 feet, with a minimum side
setback, of 5-feet and maximum height of 35 feet.
H:\LEG. 01 R\Joseph\Zoning-04 \0904-05 Special Permit. doc
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Page 4 of 5
seCTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 1 gthday of October, 2004
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa
City Secretary
APPROVED (') f,J-h.:v f 3
,~ \ \----
J()seph HaIney 0-
Assistant City Attorney
For City Attorney
Samuel L. Neal, Jr.
Mayor, The City of Corpus Christi
2004
H:\LEG-DI R\Joseph\Zoning-04 \0904-05SpeciaIPermit.doc
Page 3 of 5
12. Affidavits to the Public: An affidavit to the public must be filed with the Nueces County
Clerk's Office prior to the issuance of a license to operate the system. The affidavit must
include the name of the homeowner, address, legal description of the property, type of
system installed and any variances that are granted. (Variance, if any, will be limited.)
13 Acceptable Surface Application Areas: Land acceptable for surface application shall
have a flat terrain (< 15% slope) and shall be covered with vegetation, Le., grass, trees
or mixed vegetation
14 Landscape Plan: A landscape plan must be included when applying for a construction
permit The landscape plan shall describe the type of vegetation to be maintained in the
disposal area
15 Effluent Disinfection: The treated effluent must be disinfected before surface
application can occur (liquid chlorine). It is the homeowner's responsibility to maintain
the proper chlorine residual (0.1 mg/I).
16. Testina and Reportina: The system operating components shall be inspected every
four (4) months by a certified maintenance company. The chlorine residual within the
chlorinating chamber shall be submitted to the permitting authority and the homeowner
within 14 days
17 Professional Desian: The suriace application system shall be designed by either a
professional engineer or a professional sanitarian. The design criteria must comply with
Chapter 285. as it pertains to surface application systems of the Texas Administrative
Code.
18. Septic Setback Reauirements: To prevent potential pollution from occurring, the
following setbacks are to be adhered to: 1. Septic tank must be 5 feet from any structure
and property line limitations, 2. Edge of spray area must be 10 feet from property lines
and water meter, 3. Edge of spray area must be 50 feet from any body of water (natural
or man-made), 4. Edge of spray area must be 100 feet from any water well (unless the
well is pressure grouted to a depth of 100 feet), and 5.Edge of spray area must be 25
feet from property or surrounding swimming pool.
19. Additional Restrictions: 1. The design criteria shall be submitted to the Corpus Christi-
Nueces County Public Health District as the authorized agent for review and approval
pnor to applying for a building/plumbing permit. Upon approval, a permit to construct will
be issued. 2. The surface application area must be free from any type of construction
(current or future) i.e. basketball and tennis courts, swimming pools, storage buildings
and workshops etc
20. f!!!:. Place a note on the preliminary and final plat to refer to the conditions of this
special permit and zoning case number.
21. Time Limit: ThiS Special Permit shall be deemed to have expired within one (1) year
from the date of this ordinance unless the property is being used as outlined in Condition
#1 and in compliance with all other conditions.
H :\LEG-DI R\Joseph \ZOfllng-04\0904-05S pecia I P ermit.doc
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TO: 988133239
P. E/113
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JOB NO. 38035.00.00
AUGUST 24,2004
(361)854-3101
P.O. BOX 6355 . CORPU
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COUNTY OF NUECES
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FIELDNOTES for the RE-lONING of a 13 I 5 ~cre tract Jf1and, more or less, out of the south
half of Section 3 I and the north half of S~ction 32, L e ~ Farm Tra~ts, 8 map of which is recorded in
Volume J, Page 15, Map Records ofNueces County, x' and bein~ a portion of the property conveyed
by C.E. Treffiich IIJ 10 CO'l'us Christi Land Venture dales by S1'ecial Warranty Deed, Volume 1898,
Page 840, el seq" Deed Records ofNueces County, .1:... a ,~aid 130,2 5 acre tract ofland being more fully
described as follows: I '" I
G / kl ,! U . 1 f h' h .
BE INNING at the east boundary of Lot 8" ~4' Kmg's JEstates mt ,a map 0 W IC IS
recorded in Volume 56, Pages 199-20 I, Map Record 1.. eces COUI~ty, Texas, from which point the
common easl corner of LNS 7 and 8. Block 4, said K ,-' 'slates Unir I, bears North 00'00'00" East, 8
distance of 89.82 feel, : :: ,
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THENCE. South 89058'05" East., 1,206.20 ,';
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THENCE, South 60058 '05" East, 312.58 fe t 0 t~e point of curvature of a circular curve to the
right whose radius point bears South 29001' 55" We 1(.' stance of 520.23 feet and having a central angle
of 60000'00", a radius of 520.23 feet, a tangent lengtU, . f qO.35 feet, ~nd an arc length of 544.78 feet;
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THENCE along circular curve to lhe right a :. I~ngth of 544,78 feet for the point of tangency;
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South 0000 I '55" West, 340.00 fee : ; II I
South 89058'05" East, 200.00 feet; I "
South 26"28'07" East, 560.00 feet; I. I I
South 38028'07" East, 355.13 feet; L I
South 17e02'08" West, 575.40 fee j~.
South 00000'00" East, 735.85 feet; IJ I
North 77.00'57" West, 1,431.72 Ii :'
Nonh 49.00'00" West, 1,260.54 fe; ;! I
THENCE North 69049' 58" West, at 247.17 i:' t I~' s the east boundary of King's Estates Unit 2, a
map of.....hich is recorded in Volume 57, Pages 106- ~, p Record~, ofNueces County, Texas, in all a
total distance of 474.71 feet; i:{
THENCE North 20010'02" East, continuin~.t ~the east b~Undary of said King's Estates Unit 2,
a distance of 86.53 feet for the point of curvature a c: I Icurve to t~e right whose radius point bears
South 69049'58" East, a distance of 1,008.34 feet an :" a i~g a centra'! angle of 50053'54", a radius of
1.008.34 feet, a tangent len.8th of 479.86 feet, a~d an ,':, er. gth of 89f.75 feet;
THENCE along Circular curve to the nght a ':, Ifngth of 8~5.7S feet;
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THENCE North 14052'04" West, a distanc 9~~ feet fo~ the point of curvature ofa circular
curve to the left whose radius point bears South 740 'In' est, a diftance of 595.00 feet and having a
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$ CHRISTI. TEXAS 76404
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2725 SWANTNER DR. . C
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Page 5 of 5
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. Ilwe, 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 Garrett
WIlliam Kelly
Rex A Kinnison
Jesse Noyola
Mark Scott
H :\lE G-DI R\Joseph\Zoning-04\0904-05SpeciaIP ermit. doc
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THENCE North 80026'20" West, a distanc :~: 5!22 feet; i
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THENCE North JOo05'S6" East, a distance O. 6 .~O feet; I
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THENCE South 80026 '20" East, a distance' . 4 .~S feet fori the point of curvature of a circular
curve to the right whose radius point bears South 09 ' ," 01' West, a 4istance of 655.00 feet and having a
central angle of 19052'2j", a radius of 655.00 feet. a ~' 1t length of I 14.75 feet, and an arc length of
22720 feet: I',!
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THENCE, along circular (urve to the right' ,ength of 127 .20 feet;
THENCE, North 29026'07" East, a distanc }.75 feet; i
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THENCE North 00000'00" East, a distance ~. 2 ~. I 8 feet to: the POINT OF BEGINNING and
containing 130.255 acres. more or less, of land. ";! I
8e,..;ng' b"'ed on the ,,,o,d,d p'" o(Kln ..; ,J", unl'2l. m.pofwhkh I"ewd<d In
Volume 57, Pages 106-108, Map Records ofNueces : . u 0/. Texas. I
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Unless thIs Field Notes Descriplion, inCludit,' -.' p e~ mble, sea! and signature, appears in its original
form. :,urvcvor assumes no respons! bilitv or liability , i 'S iccuracy. I
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673.01 feet; I; r
THENCE along circular curve to the left an,'
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URBAN ENGINEERING
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FIELDNOTES for the RE-ZONING of an 1 i : .f48 square (oot tract of land, more or less, out of
the south half of Section 31, laurelcs Farm Tracts, a i . P of which is recorded in Volume 3, Page 15, Map
Records ofNueces County, Texas and behg a portio I ; f h~ property/conveyed by C.E. Treffiich, III to
Corpus Christi Land Venture Associates by Special n;ty Deed, Volume 1898, Page 840, et seq., Deed
Records ofNueces County, Texas. : i
, I
COMMENCING at a point on the common t ~mer of Lqts 8 and 9, Block 4, King's Estates
Unit I a map ofv.hich is recorded In Volume 56, Pa :', 9p-201, Map Records ofNueces County, Texas;
t i
THENCE, N<)rth 00'00'00" East along the ~~~ ~ndary offaid Lot 8, Block 4, a distance of
35 8 feet to a poult, II [I I
THENCE, South89',58'05" East, a distance ..t I 90.00 feet ror the POINT OF BEGINNING and
the southwest comer of lh ,s tract; : . i ;
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THENCE, North 00'01' 55" East, a distance " . I ~.30 feet for a comer of this tTact;
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THENCE, South 60'58'05" East, a distance:' 5:.76 feet fd{ 8 comer of this tract;
THENCE, North 89'58'05" West, 3 distanc Ii" O~.20 feet t~ the POINT OF BEGINNING and
containing J 1,784.48 square feet of land. I :'f I I
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Bearings based on the recorded plat of Kin \ i t~tes Unit It a map of which is recorded in
Volume 56, Pages ]99-201, Map Records of Nueces ' u t\', Texas. I
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Unless this Field Notcs Description, includi' p e(imble. se~ and sjgnature, appears in its original
form. surveyor assumes 00 responsibility or liability : ,i ,ccuracy, ~
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FAX (361)854-6001
(36l )854-310 1
RE.ZONJNG:
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URBAN ENGINEERING
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DAN L. URBAN, R.P.L.S.
License No. 4710
2725 SWANTNER DR. . C
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20
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation of a plan by Michael Manjarris to locate a Sculpture
Garden in the Watergarden area
STAFF PRESENTER(S):
Name
1. N/A
Title/Position
Deoartment
OUTSIDE PRESENTER(S):
Name
Title/Position
Oraanlzation
1. Michael Manjarris
Sculptor
ISSUE: N/A
IlACKGROUND:
The Sculpture Garden plan was presented to the Park and Recreation Advisory
Committee by Michael Manjarris at their regular meeting on August 11, 2004. The
Committee approved a motion to support the concept.
N:QUIRED COUNCIL ACTION: none
Additional Background
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CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation of 4th Quarter FY 2003-2004 Budget/Performance Report.
STAFF PRESENTER(S):
Name Title/Position Department
1. Oscar Martinez Assistant City Manager - Support Services
2. Debbie Marroquin Acting Director-Office of Management and Budget
3. Ricardo Guzman Acting Assistant Director-Office of Mgmt and Budget
ISSU E:
The 4th Quarter Report for the period ended July 31,2004 has been completed and
distributed to the City Council on October 15, 2004. The report is now formally
presented for Council Review.
REQUIRED COUNCIL ACTION:
No formal action is required
c-
Oscar Martinez
Assistant City anager - Support
Services
Power Point Presentation X
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22
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Fourth Quarter Presentation of the Health Benefits/Risk
Management Fund
STAFF PRESENTER(S):
--!tame
1.. Cynthia C. Garcia
Title/Position
Director
Department
Human R.esoun:es
ISSUE: The Council has requested quarterly updates regarding expenditures and
management of the Health/Risk Management Fund.
BACKGROUND: THE cost of providing health insurance and workers' compensation
b81efits has risen rapidly in the past few years. In order to monitor costs in these
a....s as well in the area of general liability, the Council has requested regular
briefings regarding utilization and cost activity in each area. This will be the fourth
quarter briefing for FY 03-04
ceNCLUSION: Since health care costs related to both health insurance and
workers' compensation continue to rise at a high rate of Inflation, staff
recommends continued quarterly monitoring of Health Benefits/Risk
Management Fund.
)
Additional Background
Exhibits
City of Corpus Christi, Texas
Department of Human Resources
Risk Management Fund
Report for Period Ended July 31, 2004
T ABLE OF CONTENTS
Health Benefits. .
Workers' Compensation.
(Jeneraj Liabilities
Exhibit A- Statistics from Humana Data
'.....
. . . ................................1
..,................................5
. . ...... ........................ ..17
.,. .............................A-1
Health Benefits
The first year of the Humana (ontract has resulted in a more stable experience in claims
processmg and a one-tIme reduction in some costs over that in the previous year. Graphs H -1 and
H-2 shown beloY" give the plots ,)1' claim counts and dollars paid by benefit plan for the past
three years The data for each of the three years is provided in a tabular form in Tables H-I and
H-2 and a plot of the average cost per claim for those time frames is included in Graph H-3.
Number of Claims Filed by Plan
9000
8000
7000
6000
5000
4000 4 -.
3000 '
2000 __ _ . _ _, . _. u,___"_ _. u._u. u~u_,
1000~~~.~l-h- _,-t~~*i~
o.......***....~"."r..'.~**~~.,.***
Aug 01 Nov 01 Feb 0;' May 02 Aug 02 Nov 02 F'eb 03 May 03 Aug 03 Nov 03 Feb 04 May 04
iCJi~Ir~~j$~:~~ _: ~~~~~I_~
Graph H-]
Dollars Paid by Plan Including Prescriptions
$2,500,000 ~~--~--- -~___
$500,000
$2,000000
l!! $1,500,000
.!l!
(5
o $1,000,000
$-
Aug 01 Nov 01 Feb 02 May 02 Aug 02 No\! 02 Feb 03 May 03 Aug 03 Nov 03 Feb 04 May 04
--+- BasIC ---- CC & 0.. -.-Fire '::+=Poiice -----:.....- D&V I
---Rx ----Total -i"Y03 Trend -FY04.Irerl~_______~_J
Graph H-2
-- -- ------ ---..- -- -....--.-.--.-
Number of Medical Claims Filed
Ie itieare i Year Au" Sent Oct Nov Dee Jan Feb Mar Apr May Jun Jul Total
I FY02 3,412 4310 4,666 3,146 2,878 4,370 3,916 2,959 4311 4,292 3,651 3,681 45,592
i FY03 3,108 3384 5,134 2,925 4,975 4,883 3,866 5,370 3,671 3,745 5,272 4,360 50,693
I , FY04
Icitieare Fire 2,693 4776 4,516 H34 3,161 3,430 3868 4,064 3887 3,883 3,710 3,841 45 463
FY02 757 926 1,041 736 635 888 876 762 991 931 870 778 10,191
! FY03 723 789 1,221 801 1,160 1,276 918 1,406 819 770 1,129 930 11,942
i FY04 694 983 950 775 770 797 809 906 904 1,028 830 778 10,224
iCitieare PD ! FY02 931 1,2: I 1,203 769 728 1,147 971 771 1,007 1,273 1,136 1,198 12,355
FY03 797 886 1,486 897 1,511 1,513 1,069 1,346 1,048 952 1,320 1,169 13,994
"
j FY04 786 1,286 1,228 1,035 1,122 1,058 1,191 1,306 1,112 966 985 948 13,023
i
iCitieare BaSlc I FY02 it -1 46 24 22 44 42 55 103 53 40 35 51]
FY03 .--;- ,__:e:... ~,-,--,
h i 54 cO 57 49 49 70 86 55 40 71 699
- ---=- --- f--78t-' 85
, FY04 ,I') 1:5 64 89 130 83 130 99 107 95 1,125
!Tota1 : FY02 5, i \4 6,4<;0 6,956 4,675 4,263 6,449 5,805 4,547 6,412 6,549 5,697 5,692 68,649
: FY03 4,640 5,065 7,995 4,673 7703 7,721 5,902 8,192 5624 5,522 7,761 6,530 77,328
FY04 4,2 ~~ 7,PO 6,772 5529 5,117 5,374 5,998 6,359 6,033 5,976 5632 5,662 69,835
,-~-_.
Table H-1
--- - ---- _.--- ._~. .~. _..~.._.- --.--.."--.- Dollars Paid (In Thousands) -,-
;--~.. -- ---.
ICitieare 'I Year Au!! SeD! Oct Nov Dee Jan Feb Mar Apr May Jun Jul Total
FY02 $ 484 $ 613 $ 691 $ 501 $ 497 $ 685 $ 797 $ 475 $ 702 $ 669 $ 534 $ 564 $ 7,212
FY03 554 524 1,027 564 813 724 665 822 845 600 947 809 8,893
: FY04 947 799 714 477 620 461 595 699 605 653 638 659 7,866
ICitieare Fire FY02 90 106 192 ]02 111 138 119 148 144 135 102 82 1,469
I FY03 127 136 132 III ]85 261 170 231 152 99 143 144 1,889
- 104 1,457
ICitieare PDm FY04 122 ]22 109 97 88 113 158 100 134 177 133
FY02 215 ]89 222 99 ] 10 171 168 100 193 446 144 392 2.448
FY03 146 288 197 478 379 403 231 323 465 272 257 303 3,742
, FY04 294 169 ]62 197 190 317 178 286 251 202 2,639
ICitieare Ba~lc ]98 197
FY02 0735 4,386 12.448 1 191 6,638 6,028 2998 3,730 10,784 6,031 3_038 2,462 60
I,
FY03 0,599 0253 11,910 4 163 2,850 2,940 4625 6.396 5,103 10_755 L726 7,760 59
I Phannaey' FY04 1,541 22P5 14,011 9899 4.331 9,923 11966 4,958 6,945 10,675 1 L060 7280 115
FY02 :94 1-8 296 100 201 308 223 218 212 336 233 225 2,723
! FY03 342 234 245 243 239 395 275 269 282 262 273 393 3,452
--.. FY04 221 2,610
!Total 267 201 200 191 211 221 210 236 221 218 214
, FY02 983 1,041 1,413 802 926 1,309 1,309 944 1,262 1,593 1,016 1,266 13,914
i FY03 I, :69 1,182 1,613 1.399 1,619 1,786 1,345 1,651 1,749 1,245 1,622 1,655 18,035
-11~Y2:: _ ~~3]_ Ql.~ __1206 L- 9!6 1,120 994 Ll71 1,357 1,145 1,345 1,246 1,192 14,687
-'---~
Table H-2
Cost Per Claim
450
r-.-..--..----."
400 l
150
I
------+--
I
i
------1- I
-----+-------j---
350
300
I!! 250
.!!
(5 200
Cl
100
so
Aug
Sept
---~---"'+,-
Oc Nov Dee
Jan
Feb
Mar
Apr
May
Jun
Jul
-+- FY02 ___ FY03 -'-FY04
Graph H-3
2
A number of changes are responsible for the difference in both claims activity and dollars paid in
Fiscal Year 2004 compared to previous years. In particular, the City signed a multi-year contract
with Bumana Insurance for administration of the City's self-insured health benefits as well as
access to the significantl) larger Humana Network. This expanded network also brought higher
in-network discounts for phYSICian sel\/Ices that have been recognized in a one-time savings.
Other changes that were Incorporated lI1c1uded an increase in co-pays and increased annual out-
of-podel limits for the civilian Clticare health plan. The result of these changes was to increase
the employee's cost-sharl' and make the emplovee more aware of the costs involved in brand
drugs and other medical Services
In addition to the change in benefits for Citicare. all three health plans (Citicare, Fire and Public
Safety) experienced a 20% increase in premiums in FY 03-04. Table B-3, shown next, gives a
history ()! employee contribution~ to health insurance premiums over the past 5 years and for
Fiscal Y ear 2004-=(lO~
All three health plans were tracked carefully throughout the year, with attention to high claim
cases, proportion of the population passing various thresholds, and careful cooperation with
Humana on monthly tracking and invocation of case management where appropriate. The
performance has al lowed us to fund a portion of the reserves for liabilities incurred but not
reported and will hopefully provide a shock absorber to permit more modest fluctuations in year-
to-year rate increases.
3
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Workers' Compensation
General Information
The CIty of Corpus Christi contracts with F. A. Richard for administration of its Workers'
Compensation self-msurance as \vell as cost containment services. Table WC-l below gives
summary claIms dam for the Workers Compensation self-insurance for the past 5 years. The
claims counts and dollar figures are as of July ~~ 1 SI of each year. As can be seen, although the
total number of claims has been consistently decreasing, the total incurred cost has been
fluctuating Graphs we 1 and \\/C-2 chart the claim count and incurred dollars from year to
year. differentiated by department This data is also provided in Tables WC-2 and WC-3. The
dollars paid out b~ year ,:ontinue 10 ciimb an average of J 6% l!l the dollars paid per claim as
demonstrated m Graph WC-3 below ThIS would be consistent with medical inflation rates.
WORKERS' COMPENSATION
5- YEAR NEW CLAIMS HISTORY
(Fiscal Year Basis - Period Ended July 31)
Year FYOO
--
Total number of Claims 1.370
Total Incurred _____ $ 2,] 37.057
Total Paid $ 1,239,530
---- I--
% of Total Incurred Paid Out 58%
._~--
Number of Claims Paid> $1.00 757
Number of Indemnity Cases pa~=~= ] 00
Number of MO Cases Paid On ! 657
-----+-- -----
Number of Claims Not Paid Or - 613
% Indemnity Cases of Paid-on C::ases I __l~21 %
----+-- - --.-..--.
I 182
~t- ---.- n/a
-.-t-. ---.-
Number of CCFD Claims
Number of CCFD Res onse Ca
CCFD Claims er Cali
Number ofCCPD Claims
Number ofCCPD Res oose Ca
CCPD Claims per Call. _ _
-----...t---~ "~-- 287
I
lis i 155.969
--y-- --
____L_ ___~!.0018
'....,
FYOI
1,265
$ 1,582,011
$ 1,021,268
65%
549
82
467
716
14.94%
205
-
25,435
0.008]
335
165,373
0.0020
Table WC-l
FY02
l,220
$ 2,006,164
$ 1,178,887
59%
589
102
487
631
1732%
192
27,489
0.0070
343
167,448
0.0020
FY03
1,117
$ 2,135,258
$ 1,220,310
57%
711
117
594
406
16.46%
143
27,495
0.0052
320
162,008
0.0020
FY04
1,070
$ 1,870,906
$ 1,397,867
75%
688
1] 7
571
382
17.01%
164
28,964
0.0057
319
171,584
0.0019
5
Year to Date Claims Count Comparison
(Period Ended July 31)
- ----l
1500 r--- --
r- --"-----"-- ,~".._-- ..,,-- ......_--- ------------"--"l I_ All Other
i
i
l : rn Gas
1000 I
... _ Water
c
::::s j iii Street
0
0 500
III Wastewater
iii Parks
0 l_ _Fire
FYOO FY01 FY02 FY03 FY04 _ Police
4th Quarter Q Solid Waste Services
Graph WC-l
Cumulative 4th Quarter Comparison - Claims Counts
FYOO FY01 FY02 FY03 FY04
Department Count Count Count Count Count
Solid Waste Services 262 185 196 162 133
Police 287 335 343 320 319
Fire 182 205 192 143 164
Parks 96 55 56 56 63
Wastewater 97 76 78 60 64
Street 44 44 48 34 46
Water 106 43 26 48 42
Gas 73 58 61 61 49
All Other 223 264 220 233 190
Total 1370 1265 1220 1117 1070
Table WC-2
Year to Date Incurred Cost Comparison
(Period Ended July 31)
FYOO
FY01
FY02
FY03
. All Other
lJI Gas
. Water
- - III Street
. Wastewater
III Parks
. Fire
_ Police
[] Solid Waste Services
2,000,000
2,500,000
~
r------
~ 1,500,000
-
8 1,000,000
500,000
FY04
4th Quarter
Graph WC-2
6
Cumulative 4th Quarter Comparison - Incurred Costs
FYOO FY01 FY02 FY03 FY04
Department Incurred Incurred Incurred Incurred Incurred
Solid Waste Services $ 361331 72 $ 269,089.58 $ 156,97306 $ 235,075.42 $ 108,960.17
Police 355.33' 99 301,237,69 619,01251 662,744.75 764,857.07
Fire 477 464 58 248,329 19 339,023 70 354,198.27 184,245.88
Parks 12996243 21,64693 86,37946 37,129.36 71,134.96
Wastewater 7472608 56,51222 119,041.60 67,149.17 48,918.35
Street 166 18403 78.41510 143,47495 218,257.17 159,136.60
Water 189.64255 31,21819 90,95393 24,955.77 66,984.62
Gas 155,508.73 98,33093 59,70644 67,214.38 61,166.11
All Othe! 226,899.29 477,231.15 391,598.02 468,533.50 405,502.31
Total $ 2.13705740 $ 1,582,010.98 $ 2,006,163,67 $2,135,257.79 $ 1,870,906.07
Table WC-3
Incurred Costs vs Paid Costs
$2500,000
$2000,000
~ $1.500,000
~ $1,000,000
$500,000
$
FYOO
,'(01
FY02
FY03
FY04
Fiscal Year - Period Ended July 31
Ii Total Incurred . Total Paid
Graph WC-3
Of interest in Table Vv C-l shown prevJOusly are the statistics on claims paid on or not paid on.
The number of claIms not paid on (those which incur no costs at all), has been decreasing over
the past 4 years. indicating that there are fewer of the "near miss" accidents. The number of
claims mcurnng only medical expenses ("M<Y') has decreased over the past two years.
However, the number of mdemnity claims (those with more than 7 days of lost time) was the
same at year-end for both Fiscal Year 2003 and Fiscal Year 2004. This would seem to indicate
that the number uf more serious cases IS proportionately greater in Fiscal Year 2004 compared to
2003. i\ graphic representation of this data is provided in Graph WC-4 shown next.
7
1,60U
1400
200
1,200
1,000
800 '
600
400
,i..___
FYOO
Ff01
FY02
FY03
FY04
.Numt;ro~Claim<~t~~~O~-~~NU~ber-of_~d~~~itYC-ase~!,~id ~n DNumberofMO Cases Paid On I
-- -
Graph WC-4
Table WC-I also shows claims counts and response call rates for the Police and Fire
departments. These numbers, shown later in Graphs WC-3 through WC-6 below, show that the
Workers' Compensation claims per response call remain consistently low. This is despite the
fact that the number of calls actually responded to has increased. The Police department's claims
count per response lS typIcally between 18 and .20, or roughly I claim per 538 responses to
emergencies. The Fire department's claim count per response is higher than for the Police
department but is still significantly low at roughly 1 claim per 177 calls responded to.
Incurred Cost and Claims Maturation
The following series of graphs and tables show the effect of claims "aging" or maturation on
total incurred costs, Graph WC-2 and Table WC-3 shown previously reflect the incurred costs
by department as of July -; 1 sl for each of the previous 5 fiscal years. At the end of each of these
twelve-month periods. the total incurred cost has been around $ 2million.
As time progresses and the full extent of an on-the-job injury is determined, the incurred cost for
any particular claim can either increase or decrease. Graph WC-5 shown next charts the incurred
cost per department as it was calculated at the end of each year and as it was valued on July 31,
2004 (represented by the columns labeled "Current" in the graph), As can be seen, maturation of
a claim can significantly change the amount of liability the City is exposed to via incurred costs.
It can also significantly Impact the extent to which a department is seen to be improving its
safety n:cclrd.
8
Effect of Claims Maturation
(Incurred Cost)
4.500.000 --- _._-~ --'"------~ ,"-
4,000.000
3,500.000
3,000.000
2,500,000
2,000,000
1,500,000
1,000,000
500.000
o
~YOO FYOO F YO 1 F YO 1 FY02 FY02 FY03 FY03
Current Current Current Current
I!3S~lid Waste Services~.~O}ice .Fire IIP~0.~.vy~~~~""at~~!!~tr~~ .Water iii Gas .AII Other
Graph WC-5
In any gIven year, the C'it) will be paying for Workers' Compensation claims for both the current
vear and previous years. As was seen In Table WC-l, the amount paid for current claims can
vary. Occasionally. claims closed m pnor years may be reopened and additional expenses paid
out. Although one would expect that the most dollars paid out for prior year claims would be for
the next prevIOUS yem. Clraph WC-6 shown next demonstrates that during Fiscal Year 2004,
significant dollars were paid out for claims that \Vere more than three years old.
~
9
Dollars Paid in Current Year
for Prior Years' Claims
"C
cu
Q.
~
cu
o
C
$1,000,000 I'
$800,000 j
I
$600,000
$400,000
$200,000
$-
$835,982
11 $395,003 $402,895
L..__.__ $59,315
Prior to
FY2000
FY2000
FY2001
FY2002
FY2003
Year of Claim
Graph WC-6
Claims maturation and its effect on incurred costs also impacts the results when providing data
on severity of claims as will be demonstrated in a subsequent section of this report.
Statistics bv Department
Claim counts by department as of the end of each of the past five fiscal years shown previously
in Graph we -1 and Table we-:? The Police, Fire and Solid Waste Services departments
continue 10 be the top:laims departments, although Solid Waste Services appears to be
improvmg its incurrence of claims. The claims counts for Police and Fire are shown below in
Graphs WC-7 and WC-8 As mentioned previously, the Police and Fire departments' claims
counts do not vary significantly even though the number of calls they respond to have been
mcreasmg.
Police Department
360
340
III 320
.E 300
.!
() 280
260
240
I---~"'-----
I
i
1
LU
t
-- . i
!
FYOO
FY01
FY02
FY03
FY04
Fiscal Year - Period Ended July 31
o Number of CCP-[) cl~'i~sl
. __.__ ....._______. ..1
Graph WC-7
10
~- -~ -~---- ._---~-. 1
Fire Department
250 r"'" ._.._--------_._--_.~ .-------.-.-,------ I
200 II
If) 150
E
~ 100 t ~
()
50
FYOO r=Y01 FY02 FY03 FY04
I
J
Fiscal Year - Period Ended July 31
. Number of CCFD Claims
Graph WC-8
The incurred costs by departments (previously shown in Graph WC-2 and Table WC-3) show
that the highest incurred costs for \Vorkers' Compensation claims are for the Police and Fire
departments. This is consistent with the nature of the jobs in these two departments as
Firefighters and Police officers are routinely exposed to dangerous situations and risks that other
departments don't encounter. The City's Risk Department continues to focus efforts on
mcreasmg the safely of w( )rk conditions for these two departments.
Severity Report
Of interest when reporting on Workers' Compensation claims is the issue of how many claims
are classified as "severe." In general, this would mean those cases with incurred costs greater
than $50,000. The extent to which a claim fits this criterion depends on a number of factors. At
the onset IS the naturf 01 the injury Itself and what caused the injury. Some of the injuries
received by Police ,-)fficer~.. for example, might immediately result in a classification of "severe."
Injuries caused by ctutom.)bile accidents or being struck by an automobile might also fit this
category Immediately In addition, some types of injuries may not actually show their severity
until some amount Ctime has passed Back injuries might fit this last category.
Table we -4 below shows the effect ofagmg on the determination of the number of severe cases
over the past several year~ When reported at the end of each of the fiscal years, the number of
claims \.vith incurred costs greater than $50.000 is consistently small and the total incurred cost is
relatively low. HO\vever, the situation changes with time. For example, at the end of Fiscal Year
2000, only 3 claims with 3 total incurred cost of $214,258 met the "severe" criterion of incurred
cost greater than $50,000. By the end of Fiscal Year 2004, however, that number had increased
to 18 claims at an incurred cost of $2,276.013. The number of claims and incurred costs at year-
end and as of July 3 2004 are ShOy.,11 side-by-side in Graphs WC-9 and WC-l O.
11
SEVERITY REPORT (CASES IN EXCESS OF $50,000 INCURRED COST)
J ~-~~~---- -"
FYOO FYOl FY02 FY03 FY04
Number of Cases 3 5 4 6 6
Incurred as of 7/31 $ ;14,258 $ 276,139 S 236,618 $ 417,832 $ 488,069
. Average Per Case $ 71,419 $ 55,228 S 59,154 $ 69,639 $ 81,345
_."-"-"
, i FYOO FYOl FY02 FY03 FY04
I ....-------+-"---- -
'Number of Cases ! 18 ]2 8 7 6
-
Incurred as of 7/3104 $ 2,276,013 $ 899,703 $ 789,242 $ 479,825 $ 488,069
Average Per Case $ ! 26,445 $ 74,975 $ 98,655 $ 68,546 $ 81,345
Table WC-4
Number of Claims> $50K Incurred
fII 20
E
~ 15
0
....
0
..
CD 10
,g
E
::s
z 5
Ci
-
0
I- 0
FYOO FY01 FY02 FY03 FY04
I_ As of 7/31 . As of 7/31/04
Graph WC-9
Cost of Claims> $50K Incurred
e 2.500.000 1--- --- --~--"~
1ii 2000,0001
o
u
'C
f
...
:J
U
..=
ii
-
o
to-
',00 000 I
oL
;
;
J
1.500,000 j
1 000000 1
~YOO
FY01
FY02
FY03
FY04
IlIlncurred~_~s~~f7;31~.T~~rred ~S-()f 7/31/041
Graph WC-tO
12
Table W(-5 belO\\ provIdes addltlonal data regarding the severe claims for Fiscal Years 2000
through 2004 as of Julv 3!. 2004
SEVERITY REPORT (CASES IN EXCESS OF $50,000 INCURRED COST)
<\s of July 31, 2004
!------==r:-j:YOO i FYOI
INumbet:-;t~case~=+=_ 18_____ 12
i GasJ'D.Fire.G
Wtr.YD,Gas.S olf.SW.Strm
W,Park,Fire. Wtr. Biding
WW.Street Maint.
$ 2.276,013 $ 899,703
126,445 74,975
-2234,925 890,352
4 L088
FYOl
8
ResponSlbie
Department( s)
I Total Incurred___
I Incurred per Claim
IAmount Paid ..
,Reserve Remaining:.-_.
WW,Fire,Street,
PD. Wtr,
1, 789,242 $
98,655
754,055
35,187
Table WC-5
Fire,Street,Health,P
D,SW,Parks PD,Street,Health
479,825 $ 488,069
68,546 81,345
451,765 368,961
28,060 119,108
FY03
FY04
7
6
T~De of Accident
Gmph We-II shown next gives the number of claims by accident type as of July 31 of each of
the past .:; fiscal years In general, the most common types of accidents are those involving
straining a body part as a result of various activities such as jumping, reaching, twisting, etc. or
falls and slips. Accidents classified under ' All Other" include heart attacks, respiratory
conditions and other accidents not otherwise easily categorized.
rable WC-6 prc,vldes the numeric values charted in Graph WC-ll and shows the change in
number of accident~ b; type from Fiscal 2003 year-end to Fiscal 2004 year-end.
Year-to-Date Claim Count by Type of Accident
(Period Ended July 31)
1 600 .. r--
1400j
1200 ~
_ 1 000 ~
s:: i
5 800 ~
u 600 ~
~~~ t
01.
1="YOO
FY01
FY02
FY03
FY04
Graph \VC-ll
'......
IiliI Striking against/stepping on
[J Police apprehension
. Foreign body in eye
.Animal/lnsect Bite
[J Strain/Injury by
iii Struck/injured by
. Motor vehicles
IJAII Other
. Falls/Slips
l1li Cuts/Scrapes
[J Caught Between
iii Burns/scalds
__J
13
A id nt T e
All Other
Animal/Insect Bite
_. ..._._--_.._----~
Burns/scalds
Cau ht Between
CutsfSc rapes
~a.sfSlipl) _
Forei n~~'y_!n eye
Motor vehicles
Police appre!!.!nsion
S_inl'n~~~ ___
Striking <l.9a!nstfsteJ>J>in_9 on
Stftlcklinj~ rElet_by __
Claims Count by Accident Type - Period Ended July 31
- -- F~OO-r-~~01~~~f:-~yo~ - FY03
140 + 152 i 516 182
--n r 58 i- - - - -241 64
'-1-1 ----
48 : 68 I 87 ! 28
-23"1 -z2T- - ---123T __ 18
113' 85 -j -491- 94
150 + 1 74-' -14aj-- -~~ 140
57 38 1 5 j 32
52 , 54 72 i 57
-85t- - -~-
- 396 t 370T
- -~ --- ------+--
~~ I _ 39_1...
181 119 :
__ __~___ 1,370 1,265
Table WC-6
l.___.. ,_, '__"__'_ _.___".__ ___K_
961 --
30
- ___ __n_'_ _~_._.
60
1,220
FY04
180
68
16
16
77
151
33
60
305
51
146
1,117
263
45
161
1,070
% Chan e
-1 .10%
6.25%
-42.86%
-11.11%
-18.09%
7.86%
3.13%
5.26%
nfa
-13.77%
-11.76%
10_27%
Type ofIniurv
In Graph WC-12, the distribution of claims by type of injury for each fiscal year-end is charted.
Strains and contusions are consistently the most common types of injuries. The number of
lacerations shows some improvement from year to year and actual sprains are generally
improved Where growth is indicated is in the category of "All other trauma." This group
consists of such llljuries as hernias. hearing loss, ruptures and other injuries not otherwise readily
categonzed The same data is provided III tabular form in Table WC-7. Note that as of July 31,
2004, significant decreases in the number of bums, lacerations and strains were experienced.
These numbers may change as further review Identifies dominant injuries in the "All other
trauma" categor)
1600 r-- -- --- --
14001'
1200
- 1000
c::
:J 800-t
8 600 i
:~~ 1
o
FYOO
Year-to-date Claims Count by Type of Injury
(Period Ended July 31)
FY01
FY02
FY03
FY04
E!J Inflamation
III Asphyxiation
. Strain
. Sprain
III Puncture
g Laceration
o Foreign body
III Contusion (bruise)
. Burn
III All other trauma
Grapb WC-12
-------~~----~-_.._-----
14
Injury Code Report - Period Ended July 31
Type of Iniury FYOO FY01 FY02 FY03 FY04 % Chanae
All other trauma 184 275 176 322 403 56.02%
Asphyxiation 11 16 46 n/a
Burn 27 16 20 23 13 -43.48%
Contusion (bruise! 279 157 208 131 150 14.50%
Foreign body 134 41 39 33 33 0.00%
Inflamatlon 18 44 81 26 31 19.23%
Laceration 120 92 100 80 63 -21.25%
Puncture 52 40 39 65 65 0.00%
Sprain 131 140 105 89 97 8.99%
Strain 414 444 406 348 215 -38.22%
1370 1,265 1,220 1,117 1,070 -4.21 %
Table WC-7
C.ims Activity
The Claims Activity report is provided next in Table We-8. This report records the actual
business that occurred each month of the fiscal year. It gives the number of new claims filed
during that month, the number of claims closed, the amount of dollars paid out and the amount of
outstanding claims left at the end of each month.
15
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(;ENERAL LIABILITIES
General Information
The City of Corpus Chnsti is self-msured for general liability claims. It staffs two claims
adjustors who are responslble for processing approximately 900 claims per year. As Table GL-I
belo\\.shows. the number' of lIability claims filed by fiscal year-end against the City has, in
generaL decreased over the past 5 vears As can be seen, the majority of the claims are related to
proper!\ damage or vehicle damage. '\ smaller. but consistent number of claims are filed for
water/waste water damage and personal injury claims. Vehicle damage claims continue to
mcreas,' nver time while proper!) damage claims have been fairly consistent over the past
several vears. I able (d~- giHs the detail data for the chart in Graph GL-l.
1,200 , ..--
Types of Claims - Period Ended July 31
~
.E
.
(3
..
o
...
!
E
:l
Z
2000
2001
2002
~._F.i~_~.L'fear
.Vehicle Damage
OF Ire Department .related
. PersonallnJury.related
.-
D PoliCies/Practices/Contract
D P8/ice-related
. Pcope'1y Damage- relate,j
Graph GL-l
,
I
[--
r --
i
Vehicle D.~rT1.~e
Pro erty Damage-relat~~
W14terlW aste da m age~r,:~ated
Police-related
-~_. --
~erSonaIIQJury..:-related
All Other
PoIicies/Practices/C ontract
~_._-_.-
E 10 ment-related
Fire Department-related
ITota,-- .
-'~-~---"-'''-' -- "'-"'-'-~'---
--
2003 2004
D Employment.related
DWater/Waste damage-related
llIAII Other
266
432
101
61
69,
--.-.t
21 i
.------..,j..
24
9
9
992
2002
227
359
71
21
39
12
36
5
2
772
GENERAL LIABILITY CLAIMS TYPES
As of July 31 of Each Year
. 2000- i 2001
131,
_~-=f3.3 Qj .
52,
--.....:.j...
97:
+
56!
j.
21
2003
436
291
86
37
40
14
13
5
3
925
2004
443
265
75
50
41
14
8
3
1
900
17
CI.ms bv Department
Graph GL-2 charts the claims count at the end of each fiscal year for the various departments
within the City Table GL. 2 provides the same information in tabular form.
General Liabilities Claims Count - As of July 31
1200 r----
i
1000 1
I BOO j
(J 600 j
'0 !
j 400
E
:::I
Z
200
FY200C
CY2001
;:Y2002
FY2003
FY2004
[.~ire.G~~.pa-rk M~int;~anc;;~. P~oii~~~. SanitatiO~-~St~r~nWa~~D Str;;e'i . Wastewater . Water . All Others I
Graph GL-2
GENERAL LIABILITY CLAIMS COUNT
----~
BY DEPARTMENT
Pe~~d En!!e~_~.!I!l2-!_______
D rtment
P jce
Stieets
All Other
Gas
Water __._
, W.stew<3~r
i Sanitation.
Fire
Storm Water
Park Maintenance
Total
FY2000 FY2001
187, 187:
T811193 in
-...---- -..I ..._--t- .---
n _ ___ __.. ___EJ-t_______. _--.122 i
- --~~--- .. -~--
139, 95'
-- :i~~~==_ __J~; 1---
- -crr--- --- 38 i-
______l_..._.._______._ -------+
41' 45:
30[-- 33
1.004 959
Table GL-2
------ FY2003 FY2004
FY2002
118 159 187
132 149 152
125 117 119
42 82 93
73 106 87
87 106 86
105 93 74
41 i 43 44
33 43 35
16 27 23
756 898 877
A.lthough Fiscal 2004 year-end claims counts are down from Fiscal Year 2003, the incurred costs
are higher Graph GL-~ and Table GL-3 show the incurred cost by department as valued on July
31 st of each of the past 5 ). ears As can be seen, there has been an increase in the incurred costs
over tht: past several years (excluding the drop that occurred in Fiscal 2002). The most
significant contributors to Incurred costs are the Police department, Water and Wastewater. The
Police department saw a slgnificant increase in incurred costs between Fiscal 2003 year-end and
Fiscal 2004 year-end. Many of the other departments saw significant declines from one year to
the nex1 although thlS may change 1S the claims mature
18
$1,200,000
$1.000,000
... $800,000
VI
0
U
1J $600,000
~
:::s
u
.!: $400,000
$200,000
r'----
II Fire
I IIWater
l Ei Storm Water
.n_ __._..________
F
f--
~-
artment
e
Gas
- -.- ---
Park Maintenance
I POlicen
Sanitation
- Storm Water--
streets
Wastewater
Water
Other
Total
Incurred Costs by Department
Claims Filed, Period Ended July 31
$
FY2004
II Wastewater I
II Park Maintenance
FY2003
$ 27,161.43 $
45,140.26
3,129.28
211,623.52
55,769.57
38,944.99
44,118.76
90,907.08
71,342.59
264,985.19
$ 853,122.67
Grapb GL-3
FY2004
28,356.07
24,810.35
7,968.18
579,448.77
44,260.94
4,566.64
12,639.48
71,372.31
89,559.96
136,714.10
$ 999,696.80
Dollars actually paId out during the course of a year for liability claims are shown in Graph GL-4
and Table GL-4 More dollars are paid out on a year to year basis for claims filed against the
Police and Wastevvater departments than for other departments, although other departments have
seen a slgmficant t1 uctuation in the anwunl of monies paid out on liability claims.
FY2000
FY2001
FY2002 FY2003
-'-----------------..
[iiI Sanitation
IJ Streets
II Police
II Gas
II All Others
FISCAL YEAR LIABILITY CLAIMS INCURRED COSTS
-----,- '.-----..---,--
BY DEPARTMENT
P~r!od End~d Ju~~1_ _
FY2000 FY2001
, $ 12,399.91! $ 12,507.39 $
t--- 42,819.18, 10,580.54
12,196 -f 6' 85,326.60
352~645.-99--1 - 140,930.59"
~~,~~Q~n_~16,616.61
27.79184 : 8,032.74
32,063.70 T~- 26,580.74
----i
73,~~~~~; __n~~956.0~-+
87.348~Q! . 63,277.36 I
82,66911 r 188,969.36 I
un _l_J03,~53 34 ,$ 777,777.99 i $
Table GL-3
FY2002
24,474.86
37,320.36
32,406.75
155,103.13
70,667.76
32,714.32
49,857.99
65,726.62
- 30,689.39
116,693.73
615,65491
19
Dollars Paid by Department
Claims Filed, Period Ended July 31
600,000
r-------- ---- ---- --..
j
j
1
I
I
!
t -
I
I
'--
500,000
'1:1 400,000
1i
A-
I
8
300,000
200,000
100,000
FY2000
FY2001
FY2002
FY2003
[ -
. Fire
. Sanitation
.Water
...---. ~
. Gas
. Storm Water
. All Other
FY2004
iii Park Maintenance . Police
. Streets . Wastewater
Graph GL-4
1---.--
FISCAL YEAR LIABILITY CLAIMS PAID COSTS
BY DEPARTMENT
Period Ended July 31
_ --- -, ._~-- ----
o rtment. --FY2000 - - FY2001 - FY2002
Fire $_~OOL$ 11,007.39 $ 17,325.71
Gas -- 37,402.10J __ 6,180.73 21,130.84
ParfMaintenance 6,756.46 I 68,095.60 11,218_19
f Police H~__ 130,344.33-r - 90,284.63 59,257.94
Sanitation 27,22735-: - 125,759.56 36,676_35
Storm vVaterT637_37-t 7,402.64 I __ 4,264.32
~::"ater __~:~~~.~} t ~~:;~~:;~ 1.- ~~:~~~:~;
I Water -- ~l..559:?_9.l 38,692.14 I 18,403.02 I
All Other 45,756.74 -- 17,5Of74! 22,261.50
,Total _ _ _____ ___.__._ 358,415.2~.i 413,404.31 279,24536
Table GL-4
FY2003 FY2004
$ 20,015.91 $ 24,596.42
36,320.88 13,450.37
2,311.28 2,196.64
174,626.74 142,900.56
34,054.32 29,641.69
34,097.50 4,476.64
30,213.29 11,489.48
74,397.30 50,540.13
31,653.35 24,574.98
107,690.33 81,227.47
545,380.90 385,094.38
Eflect of Claims Maturation
As was seen with Workers' Compensation claims, the reporting of claims numbers and
valuations as of the end of each of the fiscal years does not give the whole picture regarding
claims and outstanding liabilities. Graph GL-5 charts a side-by-side comparison of the incurred
costs for liability claims by department for each of the previous 5 fiscal years as valued at July
31 of each year and as ,)f July 31. 2004 ("Current"). The chart shows that there can be
significant differences in mcurred costs as claims mature. For example, compare the incurred
cost for Police-related claims for FIscal Year 200 I as of July 31,2001 versus as of July 31, 2004.
It is also possible for incurred costs on a claim to decrease over time, although this is most likely
to happen with a claim that is qmckly resolved. As might be expected, the longer a liability
claim is left open, the man' likely i! is that the incurred cost will increase.
20
Liability Incurred Costs - Effect of Claim Maturation
$3 500.000
r------
j
i
j
j
j
i
$3 JOe. 000
$2 500.000
f $2 000.000
.!!
8 $1 500000
t ~
$_L~'
$1 uoo 000
$500 000
fyoa
FYOC F~ to';
Current
Iil Gas
Q Storm Water
. All Other
.-
II Fire
Wi Sanitation
. Water
i
t--- ,----
-t--+--
_.---.~-I- ---
---.. ---- I
I
I :
F '{Ol FY02 FY02
Current Current
--....-- --
IiiI Park Maintenance
. Streets
FY03
FY03
Current
. Police
II Wastewater
J
Graph GL-5
In any given year, the City will expend dollars on claims filed in previous years. Thus, although
Graph GL-4 shows a decrease in the amount of money paid out on claims filed during Fiscal
2004, this is not the only money expended. Graph GL-6 charts the amount of money paid during
Fiscal 2004 for claims filed in previous years. As might be expected, there are claims
representation for more departments JD the money paid out for Fiscal 2003 claims than for
previous years. Further put in time there are fewer claims still left open, therefore, the money
paid out represents a small number of higher-dollar claims.
Dollars Paid in Current Year for Previous Years' Claims
(As of July 31, 2004)
$600,000 r--------- ------
$500.000
$400,000
f
.!! $300,000
'0
0
$200,000
$100,000
$-
j
l---~~._L.
FY1999
FY2000
. Fire
rn Sanitation
. Water
FY2001
FY2002
FY2003
iii Park Maintenance
o Streets
· Police ]
_ ~_ W~ste~~~~ __
IJl Gas
o Storm Water
. All Other
Graph GL-6
--
21
City Vehicle Accidents
The City's Risk Department staffs two Safety Coordinators responsible for developing and
implementing programs f(. reduce accidents within the workplace and to increase the safety of
employee~' working environments, The department monitors and reports on city vehicle
accidents as part of these mgoing efforts Table GL-5 documents the number accidents by city
vehicles from month to month for Fiscal Year 2003 and 2004. There was a slight increase in the
number of accidents during Fiscal 2004, however, there was a significant increase in both the
number of non-classIfiable incidents and in the number of preventable accidents,
CITY VEHICLE ACCIDENTS
--
Fiscal Year 2003 Fiscal Year 2004
Number
N umber of Number of Number of Number of of Number of
Month Accidents NCl's* Preventables Accidents NCl's* Preventables
August 30 , 13 39 0 19
Septem ber ,- 0 " 28 3 9
':"'4-
October "l- 5 12 35 0 21
.1..
Novem ber 2= , - 22 2 5
Decem ber 3] 0 13 23 5 9
Januaf) 26 2 11 16 1 8
F ebruarv ,- :2 R 28 3 15
,(...-~
March 17 " ". 29 2 16
J
I Apnl 19 '1 " 26 4 13
L
Ma\ 38 1 ]8 23 2 6
June )~ 0 II 26 2 14
....,
Juh 26 0 12 22 3 10
311 19 120 317 27 145
*"NCI" = Non-classifiable Incident
*"NCI" = Non-classifiable Incident
Table GL-S
Graph (JL- 7 gives a graphic history of the number of preventable accidents versus the number
city vehicle accidents over the past eleven years This data is provided in tabular form in Table
GL-6..\lthough the number of accidents has increased to 1993 levels, the City's fleet size has
increased as well. [n Fiscal Year 1992. the Cit) had a fleet of 1,501 vehicles. By Fiscal Year
2002 that fleet had groWL to 1.706 and in Fiscal 2003, the City had 300 more vehicles on the
street than had been there ten years before. In Fiscal 1992 there was one accident for every 5.09
vehicles in the fleet By the end of Fiscal Year 2004 the number was one accident for every 5.67
vehicle~,
22
350
300
l;' 250
:;::::; 200
C
C'Il 150
::J
CJ 100
50
(; L
1993 ;99'"
City Vehicle Accidents
--t - ------+___
'995
1q96
'997
'998 1999 2000 2001 2002 2003 2004
Fiscal Year
. N.. umber of Accidents. 'ONumber of preventabl;~
.. _.__..._.._._.._._-_..------.~--". _...._.__._._---~---~----_.-
Grapb GL-7
CITY VEHICLE ACCIDENTS
FISCAL YEARS 1990 THRU 2004
Number of N umber of % Preventables of
Year" Accidents* Preven ta bles Total
199", )9.~ 145 49.15%
1994 120 52.86%
199:; ,.., 121 54.50%
1996 :86 88 47.31 %
199" j 98 45.16%
199X .'66 113 42.48%
1999 :266 116 43.61%
200(j :'64 99 37.50%
200! 244 105 43.03%
200~ 255 100 39.22%
2003 ;'92 120 41.1 0%
2004 '90 145 50.00%
'\ ve rage -'" ; 114 45.30%
'Excludes Non.( lassIliaoJe Incidents
Table GL-6
23
Exhibit A
Statistics from Humana Data
Employee/Retiree Count Per Plan
467
536
. Citicare
. Police
o Fire
Employee/Retiree Count by Plan (% of Total)
14%
16%
. Citicare
. Police
o Fire
.-
J
Exhibit A-I
r otal Claims Cost Per Plan
$2,149,098
/
$3,252,019
$9,060,272
II Citicare
. Police
o Fire
I
I
J
Average Cost Per Employee/Retiree
$4,601.92/'
I
!
I
I
$6,067.20
II Citicare
. Police
o Fire
-~
Exhibit A-2
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CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 10/19/2004
A<lENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract
with Seth Vandable for the design, fabrication, installation and purchase of a sculpture,
"For the Love of the Game" in the amount of $150,000 as part of the Percent for Art
Program associated with the Whataburger Baseball Stadium Project.
ISSUE: The Arts and Cultural Commission has made a recommendation to the City Council to enter
Into a contract with Seth Vandable for the purpose of designing, fabricating, and installing artwork
for the Whataburger Baseball Stadium.
REQUIRED COUNCIL ACTION: A motion authorizing the City Manager or his designee to execute
a contract with the artist is required
PREVIOUS COUNCil ACTION: None
RECOMMENDATION: The Arts and Cultural Commission and the Visual Arts Committee have
reviewed the recommendation of the Whataburger Baseball Stadium Art Selection Panel and
approve this project.
Sally Gav .
Director Park and Recreation
Attachment: Background Information
H:\PR-DIR\SHARED\AGENDA ITEMS.Council Meelmgs\2004\ 1 O-19-04\Stadium ArtAGendallem.DOC
........
BACKGROUND INFORMATION
A request for proposal was distnbuted to artists nationwide for a sculpture for the
Whataburger Baseball Stadium Several sites were selected for placement ofthe artwork.
The main site selected was in front of the entrance to the stadium. Over seventy-five (75)
artists submitted a proposal. The Whataburger Baseball Stadium Art Selection Panel
reviewed all entries and initially reduced the number of viable candidates to fifty-five (55)
artists At the following meeting, the number was reduced to five with two alternates. The
five were asked to submit a proposal of their work Four of the five submitted not only a
written proposal but a maquette as well. One artist submitted two maquettes. A fifth artist
decided that it was two early to submit a maquette so he did not provide the panel with
one. At the next meeting, the committee reduced the candidates to two. Additional
information was requested of the artists and the committee finally selected Seth Vandable
at their final meeting on September 10, 2004 The Visual Arts Committee approved the
piece and at the specially called Arts and Cultural Commission meeting held in September
2004, the Commissioners voted to recommend the sculpture to City Council.
The local architect from WKMC regularly attended the meetings of the Whataburger
Baseball Stadium Arts Panel. While not a voting member, he was consulted throughout
the process. ThiS architect. in turn met weekly with the owner ofthe Baseball Field and he
as well as City staff kept the owner informed about the process and the selection of the art
work They were pleased with the work that the Panel selected.
H:\PR-DIRISHAREDIAGFl\DA rn:'v1SICouncil Meetmgs\1004110-1 9-1 I4\Stadium ArtAGendaltem.DOC