HomeMy WebLinkAboutAgenda Packet City Council - 04/19/2005CITY COUNCIL AGENDA
APRIL 19, 2005
Corpus Christi
Ail-America City
11:45 A.M. - Prociamati, on declaring April 25, 2005 as 'Red Hat Sociely Day"
Proclamation declaring April 18-22, 2005 as "Hospital Auxiliary Volunteers Week"
Proclamation dectadng April 24-30, 2005 as "National Medical Laboratory Week"
Proclamation dectadng the month of April as 'Earth Month" & 'Earth Day/Bay Day Celebration"
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
APRIL 19, 2005
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Mee~ng, 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 inforrnatJon perlaining to your
subject, please present it to the City Secrotary.
SI Usted dasea dldgirse al Concilio y cree que su ingl~s es limitado, habr~ un int~rprete ingl~s-espa/~ot en todas las juntas
del Concilio para ayudade.
Persons with disabilities who plan to attend this rneetJng and who may need auxiliary aids or services are requested to
contact the City Secretary's ofF/ce (at 361-880-3105) at least 48 hours/n advance so ~hat appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Reverend E. F. Bennett.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officem.
Mayor Henry Garrett
Mayor Pm Tem Brant Chesney
Council Membem:
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attomey Mary Kay Fischer
City Secretary Armando Chapa __
E. MINUTES:
1. Approval of Special and Regular Meetings of Apd112, 2005. (Attachment # 1)
Agenda
Regular Council Meeting
April 19, 2005
Page 2
F. BOARDS & COMMI'Fi'EE APPOINTMENTS: (Attachment # 2)
2. * Nueces County Community Action Agency
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed app~opdate, 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~han a two reading ordinance; or may modifythe action specified.
A motion to reconsider may be made at this meeting ora vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
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 mater~al 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
requi~ng separete 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 consideretion)
Motion approving the purchase of one sewer inspection system
from Green Equipment Company, of Fort Worth, Texas for the
total amount of $89,517.93. The award is based on the City's
Cooperative Purchasing Agreement with the Houston Galveston
Area Council of Governments (HGAC). This equipment is an
addition to the fleet. Funding is available from the FY 2004-2005
Capital Outlay Budget in the Maintenance Services Fund.
(Attachment # 3)
CITY COUNCIL
PRIORITY ISSUES
(Re[~r ~ ~ al We end o~
agenda summary)
Agenda
Regular Council Meeting
Apd119,2005
Page 3
Motion approving the purchase of traffic signal equipment from
the following companies for the following amounts, in accordance
with Bid Invitation No. BI-0054-05, based on Iow bid, Iow bid
meeting specifications and only bid for a total of $217,522. Funds
have been budgeted by the Street Department in FY 2004-2005.
(Attachment # 4)
Texas Highway
Round Rock. Texas
Item No. 1
$30,480
Paradigm Traffic
Fort Worth, Texas
Item No. 2
$16,450
Ken Bddges Audio
Corpus Chdsti, Texas
Item No. 3
$95,592
ControlTechnologies, lnc.
TombalI. Texas
Item No. 4
$75,0O0
Grand Total: $217,522
Motion authorizing the City Manager or his designee to execute
a construction contract with Garrett Construction, of Corpus
Chdsti, Texas in the amount of $317,597.40 for County Road 52
(East) Improvements. (Attachment # 5)
Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to a Contract for Professional Services with
Mavedck Engineering, Inc., of Corpus Chdsti, Texas in the
amount of $239,906 for a total restated fee of $264,902 for the
McNorton Ditch Drainage Project, Phase 1. (Attachment # 6)
Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Engineering &
Construction Management Services, of Corpus Chdsti, Texas in
the amount of $48,720 for the Rolled Curb and Gutter
Replacement FY 2005 Project. (Attachment # 7)
Ordinance amending Ordinance No. 024949 passed and
approved on July 10, 2002, by amending Section 3 to adopt the
final assessment roll and assessments to be levied against the
owners of property abutting on the following street: Cliff Maus
Road, Phase lA, from F.M. 665 (Old Brownsville Road) to just
south of Rockford Road. (Attachment # 8)
CITY COUNCIL
PRIORITY ISSUES
(Rear to legend at Ihe end of 6~e
agenda summary)
Agenda
Regular Council Meeting
Apd119, 2005
Page 4
10.
11.
12.
13.
14.
Ordinance amending Ordinance No. 025057 passed and
approved on October 15, 2002 by amending Section 3 to adopt
the final assessment roll and assessments to be levied against
the owners of property abutting on the following street: Annaville
Road from Violet Road to Stadite Lane. (Attachment Cf 9)
Resolution approving Amendment No. 1 of the Agreement
between the Corpus Chdsti Business and Job Development
Corporation and ACCION Texas, Inc. regarding interest buy down
program application process and job creation definition.
(Attachment # 10)
Motion authorizing the City Manager to execute a Deferment
Agreement with The Gray Estate, (Developer), in the amount of
$208,691.75 for public improvements including street pavement,
curb, gutter and sidewalks, sanitary and storm sewer lines and
water main to serve Corpus Chdsti Retirement Residence
Addition, in accordance with the Platting Ordinance Section V-
Required Improvements, Subsection A.3.(b). (Attachment # 11)
Ordinance authorizing the City Manager or his designee to
execute a Use Privilege Agreement with The Port of Corpus
Chdsti (Owner)for the right to install, operate, repair, replace, and
maintain one pdvata 1.25-inch HDPE conduit with fiber optic
cable across the Nueces Bay Boulevard public right-of-way for
approximately 80 feet and across the Salt Flat Drainage Ouffall
right-of-way for approximately 90 feet; establishing a fee of $320.
(Attachment # 12)
First Reading Ordinance - Amending Section 55-151, Code of
Ordinances, City of Corpus Chdsti, regarding the City's Water
Conservation and Drought Contingency Plan. (Attachment # 13)
First Reading Ordinance - Authorizing the City Manager to
execute Amendment No. 1 to Deed and Water Contract between
the City of Three Rivers, Texas and the City of Corpus Chdsti,
Texas. (Attachment# 14)
CITY COUNCIL
PRIORITY ISSUES
(Re~,r to legend at the end oi' the
agenda summary)
Agenda
Regular Council Meeting
April 19, 2OO5
Page 5
15.a.
15.b.
16.
17.
PUBLIC HEARINGS:
VARIANCE REQUEST:
Public hearing on request for a variance to operate an
establishment with on-premise consumption of alcoholic
beverages located at 5702 South Staples Street, Suite #E6.
(Attachment # 15)
Resolution granting a variance, under Section 4-5(F) of the Code
of Ordinances, to Passport Seafood Corporation to operate an
on-premise alcoholic beverage establishment located at 5702
South Staples Street, Suite #E6. (Attachment # 15)
ZONING CASES:
Case No. 0305-01. Jose Oscar Hinoiosa: A change of zoning
from an "A-1" Apartment House District and "AB" Professional
Office Distdct to a "B-l" Neighborhood Business District_ The
property is in Carroll Place No. 7, Block 1, Lot 3, located north of
Holly Road and 900 feet west of Carroll Lane. (Attachment # 16)
Plannincl Commission and Staff's Recommendation: Approval of
the "B-1" Neighborhood Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Jose Oscar
Hinojosa, by changing the zoning map in reference to Carroll
Place No. 7, Block 1, Lot 3, from "A-1" Apartment House District
and "AB" Professional Office Distdct to "B-l" Neighborhood
Business District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
Case No. 0305-02. Jay Salazar: A change of zoning from a "R-
lB" One-family Dwelling District to a "B-l" Neighborhood
Business District. The property is in Yarbrough Addition, Lots 6
and 7, located west of Aidine Road and 650 feet south of Holly
Road. (Attachment # 17)
Planning Commission and Staff's Recommendation: Approval
of the "B-1" Neighborhood Business District.
CITY COUNCIL
PRIORITY ISSUES
(Refer lo ~ a[ Ihe end o~
agenda sumrna~)
Agenda
Regular Council Meeting
Apd119,2005
Page 6
ORDINANCE
Amending the Zoning Ordinance, upon application by Jay
Salazar, by changing the zoning map in reference to Yarbrough
Addition, Lots 6 and 7, from "R-lB" One-family Dwelling Distdct
to "B-l" Neighborhood Business District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
J=
PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
K=
REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
18.a.
Resolution authorizing the City Manager or his designee to accept
Federal Aviation Administration Grant Number 3-48-0051-37-
2005 in an amount not to exceed $7,788,088 for the Runway
13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage
Improvements - Phase 4 and Runway 13/31 Lighting and Cable
Replacements at Corpus Christi Intemational Airport_
(Attachment # 18)
18.b.
Ordinance appropriating $5,088,088 from the Federal Aviation
Administration Grant Number 3-48-0051-37-2005 in ~he No. 3020
Airport Capital Improvement Fund for the Runway 13/31
Rehabilitation, Blast Pads and Shoulders, Airfield Drainage
Improvements - Phase 4 and Runway 13/31 Lighting and Cable
Replacements at Corpus Chdsti Intemational Airport; amending
FY 2004-2005 Capital Budget adopted by Ordinance No. 026188
to increase appropdaUons by $5,088,088. (Attachment # 18)
18.c.
Ordinance appropriating $498,575 in the Airport Capital Reserve
Fund 4611; transferring and appropriating $498,575 into the
Airport Capital Improvement Program Fund - Capital Reserve
Fund 3020A for the Runway 13/31 Rehabilitation, Blast Pads and
Shoulders, Airfield Drainage Improvements - Phase 4. and
Runway 13/31 Lighting and Cable Replacements at Corpus
Chdsti Intemational Airport; amending FY 2004-2005 Operating
CITY COUNCIL
PRIORITY ISSUES
(Re[er to legend at He end oF
agenda summary)
Agenda
Regular Council Meeting
Apd119, 2005
Page 7
18.d.
19.a.
19.b.
20.
L=
Budget adopted by Ordinance No. 025878 to increase
appropriations by $498,575; amending FY 2004-2005 Capital
Budget adopted by Ordinance No. 026188 to increase
appropriations by $498,575. (Attachment # 18)
Motion authorizing the City Manager or his designee to execute
a construction contract with Berry Contractors L.P. dba Bay, Ltd.,
of Corpus Chdsti, Texas in the amount of $8,963,579.50 for the
Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airlield
Drainage Improvements - Phase 4 and Runway 13/31 Lighldng
and Cable Replacements at Corpus Chdsti Intemational Airport.
(Attachment # 18)
Motion authorizing the City Manager or his designee to execute
a construction contract with Jalco, inc., of Houston, Texas in the
amount of $8,614,720.50 for the Antelope Street and Salt Flats
Area 36-inch/48-inch Wastewater Gravity Interceptor Line.
(Rebid) (Attachment # 19)
Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Goldston Engineering,
Inc., of Corpus Chdsti, Texas for a fee not to exceed $285,140 for
construction inspection services for the Antelope Street and Salt
Flats Area 36-inch/48-inch Wastewater Gravity Interceptor Line.
(Attachment # 19)
First Reading Ordinance - Amending the Corpus Chdsti Code of
Ordinances, Chapter 57, Vehicles for Hire, Section 57-135, Fares
- Amounts, to increase taxicab fares to $2.00 for the first one-
f'dth(1/5) mile or less; providing for penalties. (Attachment Cf 20)
PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXlMATE[.Y 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING, WHICHEVER IS EARLIER, PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOUPLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC.
CITY COUNCIL
PRIORITY ISSUES
(Rear lo legend at Ihe end of Ihe
agenda summary)
Agenda
Regular Coundl Meeting
Apd119,2005
Page 8
M=
21.a.
21.b.
(A recording is mede of the meeting; therefore, please speak /nfo 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 ~he City Secretary.)
SI usted se dirfge a la junta y cree que su ingl~s es limitedo, habr~ un int~rprete
inglds-espar'h31 en la reuni(Sn de la junta para ayudade.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERATE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC
HEARING:
2:00 P.M. - COMMUNITY DEVELOPMENT CONSOLIDATED
ANNUAL ACTION PLAN:
Public headng to receive public comments regarding the City of
Corpus Chdsti's proposed F-Y2005 Consolidated Annual Action
Plan (CAAP) for the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME) and
Emergency Shelter Grants (ESG) Programs. (See separate
project detail binder previously fumished) (Attachment # 21)
Council discussion and possible action on a tentative list of
projects/activities to be funded. (See separate project detail
binder previously furnished) (Attachment # 21)
(Note: Copy of project detail binder is available for review In
the City Secretary's Office)
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 MeeUng 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
CITY COUNCIL
PRIORITY ISSUES
(Re[~r ~ legend at O~e end o~ b"~
agenda summa~,)
Agenda
Regular Council Mee6ng
Apd119,2005
Page 9
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
O. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from Staff,* reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow-up on Staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city-related matters.
22. LEGISLATIVE UPDATE:
Consideration of resolutions and actions deemed appropriate by
the City Council as to legislative issues before the 79 "' Texas
Legislature.
23. CITY MANAGER'S REPORT
24.
25.
P.
* Upcoming Items
MAYOR'S UPDATE
COUNCIL AND OTHER REPORTS
ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the Ci~s o~flclal bulletin board at the front entrance
to..~+~, 'I-' I'!Hall'~'~)'l'201 Leopard, 2005.Street' at ]: C~ p.m.,
City Secretary
CITY COUNCIL
PRIORITY ISSUES
(Ref~ ~ legend at the end of bhe
agenda surr~na~)
Agenda
Regular Coun~l Meeting
Ap~119,2005
Page10
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 regulaHy 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
PRIORI'FY ISSUES
(Rei'er to legend a( the end of file
agenda summary)
1
MINIJTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
April 12, 2005 - 10:04 a.m.
PRESENT
Mayor Pro Tern Bill Kelly
Council Members:
Henry Garrett (Amved at 10:06)
Rex Kinnison
Jesse Noyola
Mark Scott
Cit~ Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
ABSENT
Mayor Samuel L. Neal Jr.
Brent Chesney
Javier Colmenero
Melody Cooper
Mayor Pro Tem Kelly called the special meeting to order in the Council Chambers of City
Hall.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the requked charter officers were present to conduct the meeting.
Mayor Pro Tern Kelly opened discussion on Item C canvassing the results of the General
Election held on April 2, 2005 to elect the Mayor and Council. The Council canvassed the results,
and was satisfied the results were accurate. There were no comments from the public.
There being no further business to come before the Council, Mayor Pro Tem Kelly adjourned
the special Council meeting at 10:09 a.m. on April 12, 2005.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Special Council Meeting
April 12, 2005 - 11:00 a.m.
PRES[NT
Mayor Samuel L. Neal Jr.
Mayor Pro Tem Bill Kelly
Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
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 Presentation of the Colors was led by the Corpus Christi Police Honor Guard, and the
National Anthem was sung by Mx. Andrew Moore.
The Pledge of Allegiance to the United States flag was led by Mayor Neal, and the invocation
was delivered by The Most Reverend Edmond Carmody, D.D., Bishop of Corpus Christi.
The Posting of the Colors was performed by the Corpus Christi Honor Guard.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Neal called for approval of the minutes of the regular Council meeting of March 29,
2005. A motion was made and passed to approve the minutes as presented.
Mayor Neal referred to Item 2, declaring the results of the General Election held on April 2,
2005 to elect the Mayor and Council. City Secretary Chapa stated that the canvassing of the results
took place at 10:00 a_m. this morning, conducted by Mayor Pro Tern Kelly. Mayor Pro Tem Kelly
report~l the Council randomly selected several precincts, and found the results to be accurate. Mr.
Noyola made a motion to accept the results of the canvass, seconded by MX. Colmenero, and passed.
Mayor Neal congratulated the new Mayor and Council, who would be formally sworn in at 1:00 p.m.
today.
Minutes - Special Council Meeting
April 12, 2005 - Page 2
ORDINANCE NO_ 026218
Ordinance declaring the results of the General Election held on April 2, 2005 in the City of
Corpus Christi for the purpose of electing the Mayor and eight Council Members.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Neal, Chesney, Colmenero, Cooper, Garrett, Kelly, Kirmison, Noyola and
Scott, voting "Aye".
Mayor Pro Tern Kelly referred to Item 3, and presented Mayor Neal with a resolution
commemorating his public service as Mayor. City Secretary Chapa polled the Council for their votes
as follows:
3_ RESOLUTION NO. 026219
Resolution commemorating the public service of Samuel L. Neal Jr. as Mayor, 1997-2005.
The foregoing resolution was passed and approved with the following vote: Kelly, Chesney,
Colmenero, Cooper, Garrett, Kinnison, Noyola and Scott, voting "Aye".
Mayor Neal referred to Item 4, outgoing Council Member speeches and presentations. City
Secretary Chapa recognized Council Member Javier Colmencro, who stated it had been a privilege
to represent the citizens of District 2 for the last seven and a half years. He thanked the City
Manager, the City Secretary, and staff for their assistance throughout his tenure. He also thanked
his family for supporting him during his years of public service. He urged the new Mayor and
Council to continue leading the city on its current course. Finally, he thanked the current Mayor and
Council for the good memories.
Individual members of the Council thanked Mr. Colmenero for his faittfful public service.
On behalf of the City of Corpus Christi, Mayor-Elect Henry Garrett and City Manager Skip Noe
presented Mr. Colmenero with a plaque, and notified him that he would also be receiving a
decorative vase fxom a well-known local artist.
Mayor Neal also made an outgoing speech, in which he gave his heartfelt thanks to the many
supporters and friends who had assisted him throughout his eight-year tenure as Mayor. He also
thanked the many community leaders, public servants, and board and committee members he had
worked with throughout the years to improve the city. He expressed his gratitude to the current
Council for working together as a team to bring positive change to Corpus Christi. In addition, he
recogni?ed City Manager Noe, City Secretary Chapa, and all city employees for making it possible
to live in an All-America City. He acknowledged Ms. Diana Garza and Ms. Yvonne Haag, who
served as his assistants during his tenure. He thanked the citizens of Corpus Christi for trusting him
to lead the city for four terms. Finally, he gave special thanks to his wife, Thetis, for her love and
Minutes - Special Council Meeting
April 12, 2005 - Page 3
support_
Individual members of the Council thanked Mayor Neal for his distinctive public service and
his exceptional leadership throughout his eight-year term, characterized as a tremendous growth
period for the city.
City Secretary Chapa recognized two former Mayors who were in the audience, namely
Mayor Ronnie Sizemore and Mayor Ben McDonald. Mayor McDonald made a number of brief
remarks in honor of Mayor Neal.
City Secretary Chapa recognized Mr. George Antuna, Regional Director with the Office of
Senator Kay Bailey Hutchison. Mr. Antuna read a letter on behalf of Senator Hutchison, who
praised Mayor Neal for his leadership and vision on key issues affecting the city_
On behalf of the city, Mayor-Elect Henry Garrett and City Manager Skip Noe presented
Mayor Neal with a plaque and a sculpture by Mr. Kent Ullberg, a well-known local artist_
Mayor Ne. al presented his wife, Thetis, with a dozen yellow roses to thank her for her love
and support.
A benediction was delivered by Reverend J. Keith Wyatt of the First United Methodist
Church_ Mayor Neal announced that a reception would be held immediately following the Council
meeting.
There being no further business to come before the Council, Mayor Neal adjourned the
special Council meeting at 12:08 p.m. on April 12, 2005.
CITY OF CORPUS CHRISTI, TEXAS
Regular Council Meeting
April 12, 2005 - 1:00 p.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Brent Chesney
Council Members:
Melody Cooper
Jerry Garcia
Rex Kinn/son
Bill Kelly
John E. Marez
Jesse Noyola
Mark Scott
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor-Elect Garrett called the meeting to order in the Council Chambers of City Hall. The
invocation was delivered by Pastor Robert Lim of the Abiding Savior Lutheran Church and the
Pledge of Allegiance to the Un/ted States flag was led by Mayor Garrett.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council-
Elect was present to conduct the meeting.
The Honorable J. Manuel Bafiales, 105th Judicial District Court, conducted the swearing-in
ceremony of the new Mayor and Council Members.
Mayor Garrett referred to Item F, incoming Council Member speeches. The Mayor and each
Council Member thanked their supporters, friends, and family for aiding them m their successful bids
for elected office. Mayor Garrett pointed out that he had already met with Nueces County Judge
Terry Shamsie and other County Commissioners to discuss improving relations between the city and
Nueces County. Council Member Kelly and his wife Evon presented Mayor Garrett with a framed
painting of Snapka's Restaurant to commemorate his "victory celebrations" there with lxis deceased
wife Nancy.
Mayor Garrett acknowledged Nueces County Commissioners Betty Jean Longoria and Peggy
Bafiales, who were in the audience.
Mayor Garrett called for a brief recess to hold a short reception.
The Council returned from recess, and Mayor Garrett referred to Item G, the selection of the
Mayor Pro Tern. He announced the Mayor Pro Tern service dates as follows: Brent Chesney (April
12 to July 4, 2005); Melody Cooper (July 5 to October 3, 2005); Jerry Garcia (October 4, 2005 to
January 2, 2006); Bill Kelly (January 3 to April 3, 2006); John Marez (April 4 to July 3, 2005); Jesse
Noyola (July 4 to October 2, 2006); Mark Scott (October 3, 2006 to January 1, 2007); and Rex
Kinnison (January 2, 2007 to end of term). Mr. Scott made a motion to accept the Mayor Pro Tern
Minutes - Regular Council Meeting
April 12, 2005 - Page 2
service dates as presented, seconded by Mr. Garcia, and passed.
Mayor Garrett called for consideration of the consent agenda (Items 1 - 11). Council
members requested that Items 4, 6, and 9 be discussed. There were no comments from the public.
A motion was made and passed to approve Items I through 11, constituting the consent agenda,
except for Items 4, 6, and 9, which were pulled for individual consideration_ City Secretary Chapa
polled the Council for their votes as follows:
1 .a. RESOLUTION NO. 026194
Resolution authorizing the City Manager or designee to accept a grant in the amount of
$12,587 from the Texas State Library and Archives Commission and to execute a contract
and all related documents as part of the Bill and Melinda Gates Foundat/on "Staying
Connected" progrm~ for the purchase of ten computers for the Central Library and the
Greenwood Branch Library.
The foregoing resolution was passed and approved w/th the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kilmison, Marez, Noyola and Scott, voting "Aye"_
1.b ORDINANCE NO. 026195
Ordinance appropriating $12,587 from the Texas State Library and Archives Commission
in the No. 1068 Library Grants Fund for the purchase of ten computers for the Central
Library and the Greenwood Branch Library as part of the Bill and Melinda Gates Foundation
"Staying Connected" program_
Aa emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Gurrett, Chesney, Cooper, Garcia, Kelly, g innison, Marez, Noyola and Scott,
voting "Aye".
1.c. ORDINANCE NO. 026196
Ordinance appropriating $6,293.33 from the Corpus Christi Public Library Foundation in the
No. 1068 Library Grants Fund as matching fimds for the purchase of ten computers for the
Cenlxal Library and the Greenwood Branch Library as part of the Bill and Melinda Gates
Foundation "Staying Connected" program.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 3
2. ORDINANCE NO. 026197
Ordinance appropriating $207,000 from the estimated program income revenue in the No.
1066 Health Grants Fund as State Fiscal Year 2004-2005 progxam income to fund the Breast
and Cervical Cancer Contxol Program, Immunization Services, and Family Planning 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: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
3.a. MOTION NO. 2005-110
Motion authorizing the City Manager or his designee to accept the Summer Food Service
Program Grant from the Texas Health and Human Services Commission to provide summer
lunches and snacks to citizens ages one to eighteen years at summer youth recreation
programs throughout the community.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinmson, Marez, Noyola and Scott, voting "Aye".
3.b. ORDINANCE NO. 026198
Ordinance appropriating a grant in the amount of $416,840 in the No. 1067 Park and
Recreation Grant Fund from the Texas Health and Human Serv/ces Commission to operate
a Summer Food Service Program for Summer Recreation Program participants ages one to
eighteen years.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
3.c. RESOLUTION NO 026199
Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation
Agreement with the Corpus Christi independent School District to provide summer food
services for summer recreation.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, CJarcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 4
3.d_ RESOLUTION NO. 026200
Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation
Agreement with the Corpus Christi Independent School District to provide tranaporlation
services for Youth Recreation Programs.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye"_
5.a, ORDINANCE NO. 026202
Ordinance amending the ICMA Retirement Corporation Deferred Compensation Plan
adopted by Ordinance No_ 18127 to include provisions for loans to participants.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
5.b. RESOLUTION NO. 026203
Resolution amending the United States Conference of Mayors Deferred Compensation Plan
adopted by Resolution No. 20008 to include provisions for loans to participants_
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
7.a MOTION NO. 2005-112
Motion approving the Sanitary Sewer Trunk Force Main and Lift Station Construction and
Reimbursement Agreement submitted by Shaws Development Joint Venture, owner and
developer, for Northwest Crossing Subdivision Units 1, 2, 3, and 4. The installation of a
Master Plan Lift Station with 12 foot diameter wet well and 10,000 linear feet of 12-inch
Force Main, easement acquisition and related appurtenances.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 5
7.b. ORDINANCE NO. 026205
10.
11.
Ordinance appropriating $1,270,000 from the San/tary Sewer Trunk System Trust Fund No.
4220 to pay Shaws Development Joint Venture for the installation ora Master Lift Station
with 12 foot diameter wet well and 10,000 linear feet of 12-inch Force Main, easement
acquisition and related appurtenances for the Northwest Crossing Service Area, located west
of Rand Morgan Road and south of Leopard Street.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
ORDINANCE NO. 026206
Ordinance abandoning and vacating a 797-square foot portion of a 10-foot wide utility
easement in Lot 3, Block 5, Country Estates Unit 11, located approximately 530-feet east of
U S 77 and 2,000-feet south of Heam Road; requiring the owner, Coastal Builders of Texas,
to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
ORDINANCE NO. 026207
Authorizing the City Manager or his designee to execute a ten year Use Agreement with the
Tiger Olivarez Golf and Literacy Academy, Inc. (A chapter of The Fixst Tee) for
nonexclusive use of designated parts of the Gabe Lozano Sr. Golf Center. (First Reading
3/8/05)
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting
ORDINANCE NO. 026208
Amending Section 10-86, Code of Ordinances, City of Corpus Christi, and the Corpus
Christi, Texas, Dune Protection and Beach Access Regulations to adopt the City of Corpus
Christi Beach User Fee Plan; increasing the beach parking permit fees; providing for
penalties_ (First Reading 3/29/05)
The foregoing ordinance was passed and approved on its fa'st reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, ](innison, Marez, Noyola and Scott, voting
"Aye".
Mayor Garrett opened discussion on Item 4 regarding a grant for a compressed natural gas
Minutes - Regular Council Meeting
April 12, 2005 - Page 6
fueling facility at the Maintenance Center. Mr. Kinnison asked for information on the funding
sources for the $276,000 city match required for this state grant_ Director of Gas Operations Debbie
Marroquin replied the funding would be derived from the commercial paper fund. Mr. K/nnison
asked for the proposed location for the project. Ms. Marroquin answered the project would be
located at Ayers and Civitan Streets, on city-owned property. Mr. Kinnison suggested staff consider
a site that was more accessible and visible for use by citizens. Ms. Marroquin replied staff had
chosen this site because it was city-owned property and was centrally located. City Manager Noe
also added it was assumed that a substantial amount of the usage would be by the city fleet.
Mr. Kinnison asked if staff had any estimates about the economic benefits of the project.
Assistant City Manager Ron Massey replied staff did not currently have any estimates, but were
encouraged by the Department of Energy to establish a natural gas fueling facility. City Manager
Noe added that in addition to clean air benefits, the project was also an opportunity to market natural
gas as a fuel source for vehicle fleets in the private and public sectors and for citizens with
alternative fuel-driven vehicles. Ms. Marroquin stated the cost of natural gas was $1.17 a gallon,
versus approximately $2 29 a gallon for gasoline. She also stated staffhad conducted a small study
of the vehicle fleets in the city, and determined the Civitan and Ayers Streets location was ideal for
their use. City Secretary Chapa polled the Council for their votes as follows:
4. RESOLUTION NO. 026201
Resolution authorizing the City Manager or his designee to submit a grant application to the
Deparlment of Energy/State Energy Programs (DOE/SEP) in the amount of $150,000 for a
compressed natural gas fueling facility at the Maintenance Center, with a city match of
$276,000 in the No. 4550 Gas Commercial Paper Fund for a total project cost of $426,000.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kin.n/son, Marez, Noyola and Scott, voting "Aye".
Mayor Garrett opened discussion on Item 6 regarding a reimbursement agreement w/th
Baybreeze Development L.P. for a sanitary sewer line. Mr_ Kelly had a general question regarding
the long-term viability of the sanitary sewer trust fund. City Manager Noe replied Item 13 on today's
agenda would delve into this issue. City Secretary Chapa polled the Council for their votes as
follows:
6.a. MOTION NO. 2005-111
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by Baybreeze Development, L.P., owner and developer of Monte Verde at Terra
Mar Unit 1 Subdivision located east of the future extension of Ennis Joslin Road south of
Holly Road and Los Arboles at Terra Mar Subdivision located west of the future extension
of Ennis Joslin Road south of Holly Road for the installation of 1,280 linear feet of a 15-inch
PVC and 230 linear feet of a 12-inch PVC offsite sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Chesney,
Cooper, Gaxcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 7
6.b. ORDINANCE NO. 026204
Ordinance appropriating $242,337.25 fi.om the Sanitary Sewer Collection Line Trust Fund
No. 4220-540450 to pay Baybreeze Development, L.P., for the installation of 1,280 linear
feet of a 15-inch PVC and 230 linear feet ora 12-inch PVC sanitary sewer collection lines
as specified in the Sanitary Sewer Construction and Reimbursement Agreement, to develop
Monte Verde at Terra Mar Unit 1 Subdivision.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kirmison, Marez, Noyola and Scott,
voting "Aye".
Mayor Garrett opened discussion on Item 9 regarding a ten-year Pier Lease Agreement with
the Padre Island Yacht Club. Mr. Scott commented the Padre Island Yacht Club was seeking a
longer lease of 15 to 20 years to facilitate the amortizing of the debt. In addition, he understood there
were accessibility problems for this facility. With regard to the length of the lease, Director of Park
and Recreation Sally Gavlik replied staffhad negotiated a ten-year lease with a ten-year renewal, and
the yacht club had agreed to this arrangement.
Regarding accessibility issues, Ms. Gavlik reported half of the yacht club facility was
accessible to persons with disabilities; the second story of the building was not accessible. She said
the renewal of the lease would allow the yacht club to obtain funding for accessibility improvements,
including the installation of an elevator to the second floor. Mr. Scott asked staff to communicate
the accessibility improvement plans to Ms. Crystal Lyons of the Committee for Persons with
Disabilities. City Secretary Chapa polled the Council for their votes as follows:
9. FIRST READING ORDINANCE
Authorizing the City Manager or his designee to execute a ten year Pier Lease Agreement
(with ten year renewal at City Manager's or designee's discretion) with Padre Island Yacht
Club for Pier and Clubhouse at Whitecap Wastewater Treatment Plant (superseding 1995
Pier Lease).
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting
Mayor Garrett referred to Item 12, and a motion was made, seconded and passed to open the
public hearing on the following fight-of-way closure:
12.a.
Public hearing to consider abandoning and vacating 12 parcels of unimproved street fight-of-
way out of Windsor Park Unit 4 Subdivision (Volume 15, Pages 18-19, of the Map Records
of Nueces County, Texas), all located on the north side of McArdle Road between Everhart
and Holmes Dr., in connection with the McArdle Road Street Improvement Project.
Minutes - Regular Council Meeting
April 12, 2005 - Page 8
Mayor Garrett asked for public comment. Mr_ Ernest Martinez, 4829 Wexford Drive, and
Ms. Cherie Bushwar, 4909 Waltham Drive, asked for more information on the proposed fight-of-way
closure. Director of Engineering Services Angel Escobar explained that Mr Martinez's property was
located on the north side of McArdle Road. He said there were 12 paxcels of right-of-way on the
north side that were surplus from the project. The city would close the fight-of-way for these
properties and then deed the property back to the property owners_ On the south side of McArdle
Road, Mr. Escobar said 16 houses had been purchased that were not needed for the street project.
He said these properties would be declared surplus property along with the 12 vacated properties on
the north side. All 28 parcels would then be conveyed to the adjacent landowners at no cost to them.
The city would also re-plat each of the 28 properties for the landowners_ The re-plat map would
contain a new lot number and would show the newly added area along with the required side setback.
Mr_ Scott made a motion to close the public hearing, seconded by Mr_ Garcia, and passed.
Ms. Cooper complimented staffon the project's appearance. Mr. Escobar stated street lighting was
also planned and would be installed by AEP some time next week. City Secretary Chapa polled the
Council for their votes as follows:
12.b. ORDINANCE NO. 026209
Ordinance abandoning and vacating 12 parcels of unimproved street right-of-way out of
Windsor Park Unit 4 Subdivision, all located on the north side of McArdle Road between
Everhart and Holmes Dr., in connection with the McArdle Road Street Improvement Project.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott,
voting "Aye".
12.c. ORDINANCE NO. 026210
Ordinance declaring 28 parcels of land as surplus property which are located along the north
and south sides of McArdle Road, between Everhart and Holmes Drive, all considered
remainders from the McArdle Road Street Improvement Project (Bond 2000).
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: G~rett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and
Scott, voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 - Page 9
12.d. ORDINANCE NO. 026211
Ordinance authorizing the conveyance of 28 parcels of surplus property remaining from the
McArdle Street Improvement Project to each adjacent property owner in exchange for the
perpetual maintenance of the property, and authorizing the City Manager or his designee to
execute Special Warranty Deeds for the properties along the south side of McArdle Road and
quitclaim deeds for properties along the north side.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Gaxcia, Kelly, Kirmison, Marez, Noyola and
Scott, voting "Aye".
Mayor Garrett referred to Item 13, and a motion was made, seconded, and passed to open the
public heating on the following item:
Public heating for proposed transfer of funds from the Sanitary Sewer Trunk System Trust
Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No. 4220-250420
in accordance with Section V.B.6(h) of the Platting Ordinance.
Mayor Gm-rea asked for public comment. There were no comments. Mr. Noyola made a
motion to close the public heating, seconded by Mr. Scott, and passed.
Mr. Kelly asked if this action would guarantee the long-term viability of the trust fund. City
Manager Noe replied today's proposed actions would fund the projects already underway using
unallocated CIP funds, with the understanding the $3.5 million would be repaid from proceeds into
the fund over time. It also establisbed a six-month time period during which the city would not
accept any more applications for the trunk line trust fund only. During this time, staffwould develop
a new plan that was more financially viable, since the allocations in the current plan had been
expended far too quickly. Mr. Scott commented this transfer would open up large amounts of
development because they could not access these dollars.
Mr. Garcia asked for more background on this item. Director of Development Services
Barbara Holly replied the original plan was developed by Mr. Gene Urban in 1982. She said the plan
allowed developers to prepay for utility extensions in construction of city capital improvements. The
trunk system fund had accrued a balance of $5,058,949 as of July 2003. She said the city has
received approximately $8 million in requests against the fund that the City Manager wanted to
ensure would be honored. Mr. Garcia stated he wanted to look at the project after the current
projects were completed to ensure a more equitable disbursement of funds. City Manager Noe
assured Mr. Garcia that staffwould be reviewing the plan over the six months to address the equity.
Mr. Garcia expressed a wish to become involved with this issue. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
April 12, 2005 - Page 10
13.b. ORDINANCE NO. 026212
Ordinance appropriating and approving the transfer of $600,000 from the Sanitary Sewer
Trunk System Trust Fund No. 4220-2504-10 to the Sanitary Sewer Collection Line Trust
Fund No. 4220-250420 in accordance with Section V.B.6(h) of the Platting Ordinance to
establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the
Platting Ordinance.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and
Scott, voting "Aye".
13_c. RESOLUTION NO. 026213
Resolution adopting the Statement Expressing Official Intent to authorize interim funding
for pending applications to the Sanitary Sewer Trunk System Trust Fund.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
13.d. RESOLUTION NO. 026214
Resolution adopting the Statement Expressing Official Intent to reserve for commilxnent
funds for the applications to the Sanitary Sewer Trunk System Trust Fund received prior to
January 1, 2005.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
13.e. ORDINANCE NO. 026215
Ordinance appropriating a total not to exceed $3,500,000 from the Unreserved Fund balance
in the No. 3430 Wastewater Capital Improvement Program Fund; loaning and approving the
transfer of amounts as needed to the Sanitary Sewer Trunk System Trust Fund, to be repaid
to the No. 3430 Wastewater Capital Improvement Program Fund at an interest rate equal to
the AAA rated 5-year municipal bond rate on the date of the loan, to fund the shortfall
resulting from pending applications to the Sanitary Sewer Trunk System Trust Fund;
amending the 2004-2005 Capital Improvement Program Budget adopted by Ordinance No.
026188 to increase appropriations into the No. 3430 Wastewater Capital Improvement
Program Fund by $3,500,000.
An emergency was declared, and the foregoing ordinance was passed and approved with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Man:z, Noyola and Scott,
voting "Aye".
Minutes - Regular Council Meeting
April 12, 2005 -Page 11
13.f. RESOLUTION NO. 026216
Resolution authorizing the City Manager to suspend applications to the Sanitary Sewer Trunk
System Trust Fund until a new program is developed and approved by Council.
The foregoing resolution was passed and approved with the following vote: Garrett, Chesney,
Cooper, Garcia, Kelly, Kinnison, Marez, Noyola and Scott, voting "Aye".
Mayor Garrett announced that pursuant to Texas Government Code, Section 551.071, the
Council would go into executive session on Items 14 regarding the pipeline ordinance; and on Item
15, which was listed on the agenda as follows:
15.
Executive session under Texas Government Code Section 551.071 regarding Cause No. 04-
06556-A, City of Corpus Christi, Texas vs. Air Liquide America, L.P., et al, in the District
Court of Nueces County, Texas, 28a Judicial District, w/th possible discussion and action
related thereto in open session.
The Council returned from executive session. City Secretory Chapa announced there was
a substitute ordinance for Item 14. He read the ordinance (see below), and Mr. Scott made a motion
to accept the substitute ordinance, seconded by Mr. Noyola, and passed. City Secretary Chapa polled
the Council for their votes as follows:
14. ORDINANCE NO. 026217
Amending Chapter 49 of the City of Corpus Christi Code of Ordinances by amending Article
VII and also amending Section 35-154, 49-60, and 49-61 of said Code, 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 occupation of City rights-of-way 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; authorizing settlement and dismissal of a related lawsuit; providing
for related matters and other provisions related to the subject matter of this ordinance;
providing for an effective date; providing for penalties; providing for reservation of civil
remedies.
An emergency was declared, and the foregoing ordinance was passed and approved as
substituted with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison,
Marez, Noyola and Scott, voting "Aye".
Mayor Garrett called for petitions from the audience. Mr. Wayne Hodge, 3626 Redwood,
with the Corpus Christi Police Officers Association, and Mr. Carlos Torres, 6014 Ayers, with the
Minutes - Regular Council Meeting
April 12, 2005 - Page 12
Corpus Christi Firefighters Association, welcomed the new Council and said they were looking
forward to working with them.
Mayor Garrett called for the City Manager's report. Mr. Noe announced a new service being
offered through the Animal Care division to assist individuals seeking lost, found, or adop~ble pets
online. This Thursday, he said the city would be installing the storm surge gate to prepare for
hurricane season. He said the downtown area would be very busy this week with the Buc Days
Rodeo and BBQ Challenge in the arena area, followed by the opening of Whataburger Field. He
thanked in advance all the police officers who would workmg this area to maintain order.
Mr. Noe reported last week, the city kicked-off the Neighborhood Improvement Program
(NIP) Area # 10 effort in the north side of the city, with a meeting at Oveal Williams Senior Center.
Mr. Noe reported the following agenda items were scheduled for next week's Council
meeting: annual CDBG public heahng; and recommendations fi.om the 4A Board on the
expenditures of affordable housing funds.
Mayor Garrett called for Council concerns and reports. Mr. Noyola thanked his campaign
manager and treasurer, Mr. Klm Royal and Mr. David Royal respectively. He reported a problem
with kids recklessly riding motorcycles on SPID, Saratoga, and Holly Roads. He asked City
Manager Noe to look into the matter.
Mr. Noyola stated he had received calls fi.om taxi drivers and wrecker drivers complaining
about how the cost of fuel had affected their business. City Manager Noe reported next week, the
Council would consider a request for a rate increase for taxi cabs. Mx. Noe said it was a permanent
increase, but the rates could be decreased in the future if gas prices went down.
Mr. Noyola commented he had traveled past the Animal Control facility on Holly Road on
Saturday, and he noticed the facility was busy. He said it seemed like a good decision to open on
Saturdays. Finally, Mr. Noyola asked for an update on the status of the firefighters contract
negotiations_
Mr. Scott remarked that in the April 2005 issue of Windsurfing Magazine, an area offLaguna
Shores had been named one of the four best places in America to windsurf in the month of April.
He also thanked the City Manager and staff for their efforts, saying it was a pleasure to work with
them. Finally, Mr. Scott asked the Mayor to recognize the Flour BluffNJROTC at an upcoming
Council meeting, preferably before the summer.
Ms. Cooper complimented everyone involved with the Whataburger Field project, saying it
was amazing.
Mr. Kinnison thanked the City Secretary's Office for their assistance and their excellent
serlrice.
Minutes - Regular Council Meeting
April 12, 2005 - Page 13
Mr. Garcia said he was excited to serve on the Council, and he appreciated everyone's help
in the transition.
Mayor Garrett asked everyone for their patience during the transition period.
Mr. Marez thanked everyone for making the transition easier for him. He also asked about
the city's efforts to conserve gasoline in light of the increase in gas prices. City Manager Noe replied
city departments were actively managing and monitoring their budge ts related to the cost of gasoline.
He said he was personally more concerned about budgeting enough money for next year's budget
rather than this year's budget. He said staffwould keep the Council apprised of the situation th.rough
the quarterly budget reports.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 3:25 p.m. on April 12, 2005.
2
NUECES COUNTY COMMUNITY ACTION AGENCY - Two (2) vacancies with tcnns to
10-05. (Note: The City's appointees must be public officials. Traditionally council members
have been appointed and if unable to attend meetings, they designate staff or others as
representatives.)
DUTIES: To develop programs and human resources to provide assistance to the poor of
Nueces County.
COMPOSITION: Up to 27 members, three (3) of whom may be appointed by the City Council
and submitted through the County Judge to the Community Action Agency at its annual meeting
in September for confn-mation. Number of members of public officials established annually by
the County.
MEMBERS
*Mayor Loyd Neal
*Council Member Javier Colmenero
Council Member Jesse Noyola
REPRESENTED BY
Rev. William Pullam
Laura A. Aguifiaga
Rose Soto
*No longer ~n office
3
COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of one sewer inspection system from
Green Equipment Company, Fort Worth, Texas for the total amount of $89,517.93. The award is
based on the City's cooperative purchasing agq-eement with the Houston Galveston Area Council
of Governments (HGAC). This equipment is an addition to the fleet. Funding is available from
the FY 2004-2005 Capital Outlay budget in the Maintenance Services Fund.
Purpose:
The equipment will be used by the Wastewater Department to inspect
the condition of wastewater drainage lines
Basis of Award:
The equipment is purchased through the cooperative purchasing
agreement with HGAC. HGAC acts as a purchasing agent for
participating members through the Inter-local Cooperation Act and
abides by all Texas statutes regarding competitive bidding requirements.
Funding:
Maintenance Services
550020-5110-40120
$89,517.93
Capital Outlay No 64
M~ael Barrera
Pr6curement & General Services Manager
CITY OF CORPUS CHRISTI BiD TABULATION
PURCHASING DIVISION BI-0096-05
BUYER PAUL J PIERCE Envirosigh[ Rovver 600 Crawler System with 7' x 12' Trailer
ITEM DESCRIPTION QTY UNIT
Green Equipment Company
FORT WORTH, TX
Unit Extended
Pric.~ Price
1 Enviros~ht Rower 600 Crawler Sys[em with 7' x 12' Trailer 1 Each ~;89,517 93
$89,51793
Tolal $89,517.93
4
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the purchase of traffic signal equipment from the
following companies for the following amounts, in accordance with Bid Invitation No. BI-0054-
05, based on low bid, low bid meeting specifications and only bid for a total of $217,522. Funds
have been budgeted by the Street Department in FY04-05.
Texas Highway
Round Rock, Texas
Item No.: 1
$3O,480
Paradigm Traffic
Fort Worth, Texas
Item No.: 2
$16,450
Ken Bridges Audio
Corpus Christi, Texas
Item No.: 3
$95,592
Control Teclmologqes Inc.
Tomball, Texas
Item No.: 4
$75,000
Grand Total: $217,522
Purpose: The traffic signal equipment will be used by the Street Department
to monitor and control traffic signals at signalized intersections.
[3id Invitations Issued: Twelve
Bids Received: Ninc
Pricing Analysis:
Pricing has incrcased approximately 5% since the last purchase
of like itcms
Axvard Basis:
Only Bid - Item 1 & 2
~D~ese items will be installed in existing traffic control ~nonitoring
systems. As such, specific manufacturer types were specified
which are compatible with those systems. Texas Highway
Products, LTD, Rouod Rock, Texas, and Paradigm Traffic, Fort
Worth, Texas have exclusive distributorships in South Texas for
the respective manufacturers.
Low Bid - Items 3
Fundi~i~: ~
Procurement & G~
Low Bid Meeting Specifications Item 4
Control Tcchnologies', Tomball, Texas offer does not meet
specification requirements regarding warranty requirements.
Street Department
520130-1020-12310 $217,522
eraI Services Manager
5
AGENDA MEMORANDUM
DATE: April 19, 2005
SUBJECT: County Road 52 (East) Improvements (Project No. 6257)
AGENDAITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $317,597.40 with Garrett Construction from Corpus Christi, Texas for
County Road 52 (East) Improvements.
ISSUE: Completion of this project will begin the extension of County Road 52 toward the
east to provide access to businesses and relieve traffic on U. S. Highway 77 Access Road.
The total fee of $317,597.40 exceeds the $25,000 contract limit; and requires City Council
approval,
FUNDING: Funds for this project are available in the City's Infrastructure Fund and
FY2005 Street, Stormwater, and Water Capital Improvement Budget.
REC,3MMENDATION: Staff recommends approval of the motion as presented.
E'dd'Ardo Gara~a, P. E.
Director of Water Department
Di ctor of Storm Water Department
scobar, P. IF.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit"C" Bid Tabulation
Exhibit "D" Location Map
BACKGROUND INFORMATION
SUBJECT: County Road 52 (East) Improvements (Project No. 6257)
PRIOR COUNCIL ACTION:
1. March 19, 2002 - Ordinance approving $79,424.55 from B. R. Scogin as
developer's cash contribution for in lieu of street construction of 450-foot segment of
enhanced County Road 52 (with supporting public utility infrastructure), as required
by development of Lot 1, Scogin Tract; providing adjustment for fee simple
dedication of right-of-way required by the City for future artedal "through" street and
major utility corridor; and establishing a separate subaccount for said street in the
City interest-bearing account in the Infrastructure Trust Fund for deposit of
developer's contribution; and restricting said monies for completion of
"improvements" when the artenal is ready for construction as an obligation of
platting and development of propedies east of Lot 1, Scogin Tract, or as an
obligation of a City capital improvement project; and declaring an emergency
(Ordinance No. 024799).
2. March 29, 2005 - Approval of the Fiscal Year 2005 Capital Budget and Capital
Improvement Planning Guide in the amount of $178,074,800 (Ordinance No.
026188).
PRIOR ADMINISTRATIVE ACTION:
1. October 9, 2003 - Executed a Small Agreement for Architect/Engineer Consultant
Services with Bass & Welsh Engineering in the amount of $15,075 for the County
Road 52 (East) Improvements Project.
2. June 11, 2001 - Executed a Small Agreement for Architect/Engineer Consultant
Services with Bass & Welsh Engineering in the amount of $9,300 for right-of-way
survey and title services for the County Road 52 (East) Improvements Project.
BACKGROUND INFORMATION: Mr. B. R. Scogin, owner of Jennings Chevrolet in
Robstown, Texas, purchased and platted Lot 1, Scogin Tract, with the intent of building a
new car dealership. The 6.1995 acre tract (600-feet frontage and 450-feet depth) is
located on the east side of U. S. Highway 77 where County Road 52 intersects, 0.60 miles
south of F. M. Road 624. Access Ford (formerly Bob Lacy Ford) is the developed property
on the north side of Scogin Tract. Heritage West Home (Premanufactured) Park adjoins
Scogin Tract on the east side.
The plat was approved by the Planning Commission on August 2, 2000 by has received an
extension since then. The reason for the extension was that Mr. Scogin was not ready to
begin his project, and the City was changing the requirements as it amended the Northwest
Area Development Plan and the Transportation Plan. The strategic planning and focus of
the City, the Texas Department of Transportation (TXDOT), and other interested entities as
applies to the Scogin Tract dealt with proposals to enhance County Road 52 to a City
IEXHIBIT"A" I
Page I of 2
"through" street on both sides of U. S. Highway 77, and establishing a grade separation at
the Highway 77 / County Road 52 juncture. The City's current emphasis is to improve
County Road 52 west of U. S. Highway 77 to relieve the traffic congestion occurring in F.M.
624 and to establish the groundwork for the eastward extension of the future urban street.
Currently, County Road 52 exists only west of U. S. Highway 77.
The proposed project is the eastward extension of an improved County Road 52. It would
lie east / west with Lot 1, Scogin Tract, along its north end. The requirement when the plat
was approved by the Commission called for dedication of the right-of-way width for a
Neighborhood Collector Street (48-feet back to back in a 70-foot right-of-way) including
added width at its approach to U. S. Highway 77 fora right turn lane and a left through turn
lane, and street construction (street deferment with money in lieu of construction was being
considered). In accordance with the Platting Ordinance, the owner would be burdened with
the costs of a pavement section equivalent to that of a Residential Collector (2-inch HMAC,
6-inch caliche base, and 8-inch lime stabilized subgrade), with the City required to pay
additional construction costs with regard to pavement thickness greater than required for
the Residential Collector. A Pavement Participation Agreement would be required for the
developer to be reimbursed for the added cost.
PROJECT DESCRIPTION: The proposed project consists of approximately420 linear feet
of street construction which extends eastedy from the intersection of the existing County
Road 52 and U. S. Highway 77. The project includes, but is not limited to street
excavation; 6-inch compacted subgrade; 12-inch flexible base; approximately4,936 square
yards of geogrid base reinforcement; approximately 3,623 square yards of 2-inch hot-mix
asphaltic concrete surface. Other improvements include approximately 839 linear feet of
6-inch concrete curb and gutter; approximately 1,091 linear feet of 24-inch, 21-inch, and
15-inch RCP storm sewer with manholes and inlets and approximately 405 linear feet of
12-inch PVC (C900) water line with gate valves and F~ings complete with all
appurtenances as shown and in accordance with the plans, specifications and contract
documents.
BID INFORMATION: Bids were received on March 30, 2005 with six (6) bidders submitting
a proposal. The bid proposal was set up with one (1) Base Bid. The Iow bid was
submitted by Garrett Construction from Corpus Christi, Texas, see Exhibit "C" Tabulation of
Bids. City staff recommends a contract be awarded to Garrett Construction in the amount
of $317,597.40.
CONTRACT TERMS: The contract specifies that the project will be completed in 120
calendar days, with completion anticipated by September 2005.
FUNDING: Funds for this project are available in the City's Infrastructure Fund and FY
2005 Street, Stormwater, and Water Capital Improvement Budget.
IEXHIBIT "A" I
Page 2 of 2
COUNTY ROAD 52 (EAST) IMPROVEMENTS
(PROJECT NO. 6257)
PROJECT BUDGET
April 19, 2005
FUNDS AVAILABLE:
Street CIP ..............................................................................................
Storm Water CIP ..............................................................................................
Water CIP ......................................................................................................
Total ............................................................................................................
$221,610.00
118,720.00
55,402.40
$395,732.40
FUNDS REQUIRED:
Construction Contract (GarTett Construction)
Street ................................................................................... $176,273.90
Stormwater ............................................................................ 96,259.20
Water ..................................................................................... 43,064.30
Total Construction Contract ................................................................................ $317,597.40
Contingencies (10%) .......................................................................................
Consultant (Bass & Welsh) ..............................................................................
Major Projects Activity ......................................................................................
Construction Inspection Activity .........................................................................
Miscellaneous (Printing, Advertising) ..................................................................
Total ..............................................................................................................
31,760.00
24,375.00
9,000.00
11,000.00
2,000.00
$395,732.40
IEXHIBIT"B" I
Page 1 of I
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COUNTY ROAD 52
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CITY COUNCT_L EXHT_B£T
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I of I
CITY OF CORPUS CHRISTI, TEXAS
DATE: 04/04/05
6
AGENDA MEMORANDUM
DATE:
Apd119, 2005
SUBJECT: McNorton Channel Improvements, Phase I
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a
Contract for Professional Services with Mavedck Engineering, Inc. of Corpus ChdstJ, Texas
in the amount of $239,906 for a total restated fee of $264,902 for the McNorton Ditch
Drainage Project, Phase 1.
ISSUE: Several storm water drainage channels located city-wide are in need of attention.
This project will provide for improvements to one channel that requires immediate
maintenance due to siltation, erosion of side slopes, limited capacity and overflows.
FUNDING: Funds for this project are available in the Fiscal Year 2004-2005 Storm Water
Capital Improvement Budget and is part of the Council approved $55 million of Storm
Water Pdodty Capital Improvement Projects.
RECOMMENDATION: Staff recommends approval ofthe motion as presented.
VD~r~;t((~ rGoraTy, ~-~'.f S to rf~Vi/~" ~t-~'~t ~ r S~'e rvices ~
£
~¢~gel R. Escobar, P. E.,
· Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit "C" Location Map
BACKGROUNDINFORMATION
SUBJECT: McNorton Drainage Improvements
PRIOR COUNCIL ACTION:
1. March 29, 2005 - Approval of the FY 2005 Capital Improvement Budget for
$178,087,800 (Ordinance No. 026188).
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15, 2002 - Addendum No. 2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
eogineedng 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. December 14, 2004- Administrative approval of a small NE agreement with
Maverick Engineering, Inc. of Corpus Chdsti, Texas in the amount of $24,996 for
McNorton Channel Improvements, Phase 1
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 pdority 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 to the McNorton Ditch.
McNorton Channel Improvements --located between Rand Morgan Road and Clarkwood
Road, south of Leopard Street - was identified in the 2004 City of Corpus Chdsti $55
million Storm Water Capital Improvement Program (CIP). The project was developed to be
completed in two phases.
EXHIBIT "A" I
Page 1 of 2
Phase I of the McNodon Channel Improvements includes widening McNorton Ditch 'A'
from Blanco Road in the McNodon subdivision to the confluence with McNorton Ditch 'B',
widening McNorton Ditch 'B' from Rand Morgan Road to the confluence with McNorton
Ditch 'A', and acquiring additional drainage right-of-way or easements to accommodate
storm water runoff for a 100-year frequency rainfall event. The total authorized budget for
Phase I is $2,568,700.
Phase II of the McNorton Channel Improvements includes constructing improvements to
the drainage inlet at the north side of McNorton subdivision, providing a multiple concrete
box culvert through the subdivision to replace the existing undersized storm sewer pipes,
and acquiring additional drainage right-of-way or easements for constructing a storm water
detention area. The total budgeted amount for Phase II is $1,656,300. The Phase II
improvements have not been authorized at this time.
A small NE contract was previously authorized to study drainage problems in the
McNorton drainage basin and redly the scope and pdodty of the proposed McNorton
Channel Improvements. The findings of the study indicated that McNorton Ditches 'A' and
'B' are inadequately sized to convey a 100-year storm event, and verified the drainage-
related problems in McNorton Subdivision. The study also considered storm drainage
runoff problems in the Gilliam Street area which are located in the drainage basin for
McNorton Ditch 'A'. The study recommends preceding with design for Phase I to widen
Ditches "A & B", a new detention pond on the north end of the McNorton Subdivision, and
to further investigate and prioritize the Gilliam Street area drainage improvements.
PROJECT DESCRIPTION:
· Widening McNorton Ditch "A" from Blanco Road in the McNorton Subdivision to
the confluence with McNorton Ditch "B".
· Widening McNorton Ditch "B" from Rand Morgan Road to the confluence with
McNorton Ditch "A".
· A new storm water detention pond on the north side of McNorton Subdivision
· Investigating and prioritizing storm water drainage runoff problems contributing to
Ditch "A" in the Gilliam Street area.
Future improvements for Phase II (not in this contract) will include improvements to the
drainage inlet on the north end of the Mc Norton Subdivision and replacing undersized
storm sewer pipes with a larger concrete box culvert structure.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "B".
EXHiBiT .A,, i
Page 2 of 2
CONTRACT SUMMARY
1. SCOPE OF PROJECT: McNorton Channel Improvements-Phase I (~2214)
McNorton Channel Improvements-Phase I includes:
· Widening and providing 4:1 side slopes for McNorton Ditch 'A' from the south end of
Blanco Road in McNorton Subdivision to the confluence with McNorton Ditch "B:;
· Widening McNorton Ditch "B" from Rand Morgan Road to the confluence with McNorton
Ditch "A";
· Constructing a storm water detention area on the north side of McNorton Subdivision;
· Investigating and prioritizing storm water drainage runoff problems centdbutJng to Ditch
"A" in the Gilliam Street area.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, NE
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide centract administration services, as described in
Exhibits"A" and "A-I", to complete the Project. Work will not begin on Additional
Services until requested by the NE (provide breakdown of costs, schedules), and written
authorization is provided by the Director of Engineering Services.
NE services will be "Services for Construction Projects"- (Basic Services for Construction
Projects") which are shown and are in accordance with "Professional Engineering Services-
A Guide to the Selection and Negotiation Process, 1993" a joint publication of the
Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For
purposes of this contract, certain services listed in this publication as Additional Services
will be censidered as Basic Services. The summary of these tasks and services is as
follows:
1. SCHEDULE
DAY
Wednesday
Friday
Fdday
Monday
Thursday
Friday
PROPOSED PROJECT SCHEDULE
DATE
Apdl 20, 2005
May 27, 2005
June 24, 2005
September 26, 2005
October 13, 2005
October 21,2005
ACTIVITY
Begin Preliminary Phase
Design Memorandum Submittal
City Time (4 weeks)
Pre-Final Submittal
City Time (2-1/2 weeks)
Final Submittal
Exhibit "B"
Page 1 of 3
Monday (2)
Tuesday
Wednesday
Weekday
Weekday
October 24 and 31,2005
November 8, 2005
November 23, 2005
February 2006
August 2006
Advertise for Bids
Pre-Bid Conference
Receive Bids
Begin Construction
Construction Completion
FEES
Fee for Basic Services. The City will pay the NE a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
not exceed those identified and will be full and total compensation for all services
outlined in Section I.A. 1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, NE will submit monthly
statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon NE's estimate (and City Concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the percent of completion of the construction
contract. City will make prompt monthly payments in response to NE's monthly
statements.
Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section I.B. "Additional Services" the City will pay the
NE a not-to-exceed fee as per the table below:
Exhibit "B"
Page 2 of 3
C. Summary of Fees
Original Contract (December 14, 2004)
AMENDMENT NO. 1
Fee for Basic Services
1. Preliminary Phase
2. Design Phase
3. Bid Phase
4. Construction Phase
Subtotal Basic Services Fees
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
NPDES Permit/Amendments
TCEQ
U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
Total Permitting
2. ROW Acquisition Survey (AUTHORIZED)
3. Topographic Survey (AUTHORIZED)
4. Construction Observation Services
5. WarTanty Phase
Sub-Total Additional Services Fees Authorized
Total Authorized Fee for Amendment No. 1
Total Revised Fee for Contract
$24,996
$48,839
$98,187
$8,239
$29,565
$184,830
$2,079
$2,O79
$3,853
$2,002
$10,013
$29,458
$25,618
$71,906
$3,324
$55,076
$239,906
$264,902
Exhibit "B"
Page 3 of 3
MCNORTON
z CAROLIi'I
~: z
PHASE 1 ~
McNORTON DITCH (B)
0
Z
SEDWICK
i§
CITY PROJECT No. 2214
VICINITY MAP
NOT TO SCALE
EXHIBIT "C"
McNORTON CHANNEL IMPROVEMENTS,
PHASE 1
CITY OF CORPUS CHRISTI, TEXAS
CITY COUNCIL EXHIBIT ~
DEPONENT OF ~GIN~RING SERVIC~
PAGE: 1 of I
____--'-
DATE: 04-06--2~5 ~
7
CITY COUNCIL
AGENDA MEMORANDUM
COUNCIL ACTION DATE: Apd119, 2005
SUBJECT: Rolled Curb and Gutter Replacement FY 2005 (Project No. 2251)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with Engineering & Construction Management Services
in the amount of $48,720 for the Rolled Curb and Gutter Replacement FY 2005 Project.
ISSUE: The Rolled Curb and Gutter Replacement Program is a yeady program that
addresses damaged rolled curb and gutter throughout the city. The proposed Contract
consists of construction and contract management and field inspection services to
complete the project. This item requires City Council approval.
FUNDING: Funding is available from the FY 2005 Storm Water Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Va~e y, I~.E. , _ ~ lng, ....
Dir~or of Storh~ Water Department Dire'r-':--ctor of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
Exhibit"C" Location Map
BACKGROUNDINFORMATION
SUBJECT: Rolled Curb and Gutter Replacement FY 2005 (Project No. 2251)
PRIOR COUNCIL ACTION:
1. March 29, 2005 - Approval of the FY 2005 Capital Improvement Budget for
$178,074,800 (Ordinance No. 026188).
2. February 22, 2005 - Motion authorizing the City Manager, or his designee, to award
a construction contract in the amount of $265,860 with Camrett Corporation for
Rolled Curb and Gutter Replacement FY 2005 (Motion No. M2005-058).
PRIOR ADMINISTRATIVE ACTION: None.
PROJECT BACKGROUND: The Rolled Curb and Gutter Program is a yeady program that
addresses damaged rolled curb and gutter throughout the city. Affected curb and gutter
will be removed and replaced, along with associated pavement repair where gutter slopes
are inadequate. Areas considered hazardous to vehicular or pedestrian traffic will receive
priority over those areas where only drainage is affected. The project consists of two (2)
parts as follows:
Part "A" - Specific Area consisting of the removal and replacement of 5,000 linear
feet of curb and gutter; 3,400 square feet of ddveway approaches; 1,700 square
feet of sidewalks; 400 square feet of curb ramps; 2,500 square yards of pavement
repair (within a specific geographic area). The specific area is bounded by:
· Everhart Road
· Willowick Ddve
· Megal Drive
· Schanen Drainage Ditch.
Part "B" - Various Locations consisting of the removal and replacement of 2,000
linear feet of curb and gutter; 1,300 square feet of driveway approaches; 680
square feet of sidewalks; 200 square feet of curb ramps; 1,000 square yards of
pavement repair (city wide); all in accordance with the plans, specifications and
contract documents.
CONTRACT: The proposed Contract consists of construction and contract management
and field inspection services to complete the project as follows:
1) Attend and participate at the Pre-Construction Conferences, which will be
chaired by Engineering Services.
2) Conduct a "Final Inspection" with City and Contractor, and make a
recommendation concerning final acceptance.
I EXHIBIT "A"
Page I of 2
3)
Visit the site daily to observe the progress and quality of work, and to
determine, in general, whether the work is in accordance with project
design.
4)
6)
7)
CONTRACT SUMMARY/FEE:
attached as Exhibit "B".
Review and approve all contractor's shop drawings and/or submittals.
Coordinate necessary change orders during the process of the work. City
will prepare and process ail change orders.
Review and approve all proposed layouts, lines, levels, and elevations pdor
to installation or construction to assure project design and intent.
Review the contractors' progress payment request and approved schedule
of work before submission to the City for processing.
A contract summary including a summary of fees is
EXHIBIT "A" I
Page 2 of 2
CONTRACT SUMMARY
ROLLED CURB AND GUTI'ER REPLACEMENT FY 2005
(Project No. 2251)
SCOPE OFPROJECT
The proposed project consists of the removal and replacement of 7,000 linear feet
of curb and gutter, 4,700 square feet of driveway approaches, 2,380 square feet of
sidewalks, 600 square feet of curb ramps, 3,500 square yards of pavement repair.
Provide advice and assistance to City Engineer staff and post-award construction
management services, to include approval of all materials, schedules, inspection of
all concrete and asphalt work, review and approval of pay applications,
coordination with all applicable departments, final inspection, review of as-builts
and contract closeout documentation.
SCOPE OF SERVICES
The Engineer hereby agrees, at its own expense, to perform design services
necessary to review and prepare plans, specifications, and bid and contract
documents. In addition, Engineer will provide monthly status updates (project
progress or delays, gantt charts presented with monthly invoices) and provide
contract administration services to complete the Project. Work will not begin on
Additional Services until requested by the Engineer (provide breakdown of costs,
schedules), and written authorization is provided by the Director of Engineering
Services.
SUMMARY OF FEES
Fee for Basic Services
1. Preliminary Phase $0.00
2. Design Phase 0.00
3. Bid Phase 0.00
4. Construction Phase 0.00
Subtotal Basic Services Fees 0.00
IEXHIBIT"B" I
Page 1 of 2
Fee for Additional Services (Allowance)
1. Permit Preparation (as applicable)
Railroads
TXDOT
Wetlands Delineation and Permit
Temporary Discharge Permit
NPDES Permit/Amendments
TNRCC
Nueces County
Texas Historical Commission
U.S. Fish and Wildlife Service
U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
Texas Department of License and Regulation
Total Permitting
2. ROW Acquisition Survey (AUTHORIZED)
3. Topographic Survey (AUTHORIZED)
4. Environmental Issues
5. Construction Observation Services
6. Start-up Services
7. Warranty Phase
8. Provide SCADA Documentation
Sub-Total Additional Services Fees Authorized
0.00
0.00
0.00
0.00
48,720.00
0.00
0.00
0.00
48,720.00
Total Authorized Fee
$48,720.00
IEXHIBIT"B" I
Page 2 of 2
File : \Mproject\councilexhibits\
exh2251.dwg
CITY PROJECT No. 2251
VICINITY MAP
NOT TO SCALE
EXHIBIT "C"
ROLLED CURB & GUTTER REPLACEMENT
FY 2005
CITY OF CORPUS CHRISTI, TEXAS
CZTY COUNCZL EXHZBZT ~
DEPOSIT OF ENGINEERING SER!.qc~
PAGE: I of 2
__~--
DATE: 04- 13-2~5 ~
\ Mprojec~ \ councilexhibits \ e xh22 51. dwg
N
CORPU~ CHRISTI BAY
LAGUNA
MADR£
NOTE: CITY WIDE PROGRAM
GULF OF
MEXICO
LOCATION MAP
NOT TO SC.41.E
PROJECT No. 2251
EXHIBIT "C'
ROLLED CURB AND GUTTER REPLACEMENT
CITY OF CORPUS CHRISTI, TEXAS
C£TY COUNCZL EXHZBZT ~
DEPARTMENT OF ENGINEERING SER'V1CES
PAGE: 2 ot= 2
____--'--
DA TE:O4/ I.]/2005 ~
8
AGENDA MEMORANDUM
DATE:
Apd119 2005
SUBJECT:
Cliff Maus Road, Phase lA Street Improvements
Final Assessment Roll
(Project 6148)
Bond Issue 2000 Project C-8
AGENDA ITEM:
Ordinance amending Ordinance 024949 passed and approved on July 10,
2002, by amending Section 3 to adopt the Final Assessment Roll and
assessments to be levied against the owners of property abutting on the
following street:
Cliff Maus Road, Phase la,
From F.M. 665 (Old Brownsville Road) to just south of Rockford Road;
and declaring an emergency
ISSUE: The Final Assessment Roll needs to be adjusted to reflect actual cost and
requests, for adjustments. Council approval is required to amend the preliminary
assessments roll to reflect the cost of actual construction.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Escobar, P.E., ~'/'/'~J~
Director of Engineering Services
Additional Sul~Dort Material:
Exhibit "A" Background Information
Exhibit"B" Vicinity Map
Exhibit "C" Cost Summary
Exhibit "D" Final Assessment Roll
BACKGROUNDINFORMATION
SUBJECT: Cliff Maus Road, Phase lA Street Improvements
BOND ISSUE 2000 PROJECT NO. C- 8
(F.M_ 665 (Old Brownsville Road) to just south of Rockford Drive)
(Project No. 6148)
PRIOR COUNCIL ACTION:
November 14. 2000 - Ordinance canvassing returns and declaring the results of the
Special Flection held on November 7, 2000, in the City of Corpus Christi for the
adoption of seven propositions; adopting and levying a sales and use tax pursuant to
Section 4^ of The Devalopment Corporation Act as approved by the voters in
Propositions 4 and 5 (Ordinance No. 024269)
2. March 27, 2001 - Motion authorizing the City Manager, or his designee, to
execute an engineering services contract in the amount of $95,485 with Naismith
Engineering, Inc. for Street Improvements at the following s~te: (Motion 2001-125)
· Cliff Maus Road, Phase lA from F.M. 665 (Old Brownsville Rd.) to just south
of Rockford Drive
· Guardrails, Pedestrians Bridges, School Zones
3. May 14. 2002 - Resolution determining the necessity for and ordering the
improvement of the following highway in Corpus Christi, Nueces County, Texas for
the Cliff Maus Road, Phase lA Street Improvements:
Cliff Maus Road from F.M. 665 (Old Brownsville Road) to just south of Rockford
Drive specifying that certain of these improvements will be paid for partly by the
City and partly by assessments while others will be paid for entirely by
assessments; and directing the City's Director of Engineering Services to file a
Notice of Proposed Assessments with the Nueces County Clerk. (Resolution.
024866)
4. MaY 14. 2002 - Resolution approving plans and specifications for improvements tot
be following highway in Corpus Chdsti, Nueces County, Texas for the Cliff Maus
Ddve, Phase lA Street Improvements:
Cliff Maus Road from F.M. 665 (Old Brownsville Road) to just south of Rockford
Drive approving the Director of Engineering Services' Project Construction Cost
Estimate including as estimate of the portion of costs to be paid by the City and
the portion to be paid by assessments; setting a public hearing on these
proposed assessments to occur during the July 16, 2002 City Council Meeting;
directing the City Secretary to arrange to publish notice of this public hearing;
and ordedng the Director of Engineering Services to provide written notice of the
public hearing to p~operty owners. (Resolutio~ No. 024867)
Page I of 2
5. Public Hearing on proposed assessment for improvements to the following highway
in Corpus ChriS, Nueces County, Texas:
· Cliff Maus Road, Phase lA from F.M 665 (Old Brownsville Rd.) to just south
of Rockford Drive.
Ordinance dosing the public headng on proposed assessments for improvements to
following highway in Corpus Chdsfi, Nueces County, Texas:
· Cliff Maus Road, Phase lA from F.M. 665 (Old Brownsville Rd.) to just south
of Rockford Drive imposing assessments totaling $38,189.68 against property
abutting the improvements and property owners; fixing corresponding liens on
properly and charges against properly owners; providing for subsequent
adjustment of assessment amounts and the co~responding liens and charges
based on as-built conditions; specifying assessment payment terms and lien
enforcement measures; and declaring an emergency.
7. Motion authorizing the City Manager, or his designee, to award a construction
cont]'act in the amount of $685,062 with Hunt Conb'actors, Ltd. for Cliff Maus Road,
Phase lA from F.M. 665 (Old Brownsville Rd.) to just south of Rockford Ddve.
PROJECT DESCRIPTION: The proposed project consists of 1,400 linear feet of 42-foot
back-to-back pavement, widening to 52-foot back-to-back pavement at the
intemecfion with F.M. 665 (Old Brownsville Road), sidewalks driveways, 1,820 linear
feet of storm sewer and stmTn outfail sb'ucflJre, 1,490 linear feet of sanita~ sewer and
1,513 linear feet of water line togethe~ with ail appurtenances as shown on the plans
and called for in the specifications.
PROPOSED FINAL ASSESSMENT: The preliminary assessment roll prepared at
projec~ incep§en totaled $38,189.68. The construcl~n bid was lower than expected, and
during construction, adjustrnents were made to assessable items at property owner's
request. For these reasons, the total assessment decreased to $35,203.93.
Page 2 of 2
PROJECT LOCATION
CORPUS CHRIST7 BAY
N
LOCATION IVlAP
NOT TO SC4LE
~_~ PROJECT SITE
N
¥ICINITY ~
PROJECT # 6148
EXHIBIT 'B'
CL_TFF MAUS DRIVE, PHASE 1Aj STREET
IMPROVEMENTS PROJECT FROM F. M. 665
TO ,JUST SOUTH OF ROCKFORD DR_TVE
( Bond Issue 2000 Project C:8 )
CITY OF CORPUS CHRIETI. TEX4S
CITY COUNCIL EXHIBIT
PAGE: I of 1
DATE: 05-08-2002
COST SUMMARY
CLIFF MAUS ROAD STREET IMPROVEMENTS
The Cliff Maus Road Street Improvements, project consists of improvements to the following
street:
CliffMaus Road Phase lA Street Improvements
From F.M. 665 (Old Brownsville Rd.) to south of Rockford Drive
The streets were constructed by excavation to a width and depth to IX:taM the laying of the
following pavement section:
standard 6" curb & guUer secnon;
6" high strength flexible base
2.0 Type "B" Hot Mix asphaltic pavemem
Thc street is 42 - feet and 52 - feet for intersection widening and constructed within the existing
right-of-way. There are 5-fl. & 6-fl. wide standard reinforced concrete sidewalks, 4 inches thick
w/th ADA compliance and 6-inch thick reinforced concrete driveway.
The assessmem rates were calculated in accordance with the City's current assessment policy.
Based on this policy and low bid prices submitted by Hum Contractors, Ltd., the rates are as
follows:
Commercial Adjusted Commercial
Item Bid Price Plus 8%
Assessment Rates
Engineering Cost
$51.89 per linear foot
$69_54 per linear foot
$2.33 per square foot
$2.92 per square foot
1.6" C. G. PVMT. 42'- 0" B-B
2.6' C. G. PVMT. 52'- 0" B-B
3. Sidewalk - 5'& 6' Conc. S/W
4. Driveways
$19.50 per linear foot
$19_50 per linear foot
$1 _00 per square foot
$2_92 per square foot
Item
1.6" C_ G. PVMr_
2. Sidewalk - Front 5'& 6'Conc. S/W
3. Sidewalk - Side 5'& 6'Conc_ S/W
4 .Driveway
Residential Property,
Churches & School
$51.89 per linear foot
$2.33 per square foot
$2.33 per square foot
$2.92 per square foot
Residential
Assessment Rates
$9.75 per linear foot
$1_00 per square foot
$0 50 per square foot
$2_92 per square foot
EXI~tBIT "C"
Page
Actual Cost ½ Street
(C.G. Pavement, 42' B-B)
Actual Cost ~ Sm:ct
(C.G. Pavement, 52' B-B)
$83.65 L.F.
$101.29 L.F.
Total Bid Price
Final Assessments
City's Shar~
$ 685,062.00
$ 35.203.93
$ 649.858,07
Escobar, P.E.
r of Engineering Semaces
P~e 2 of 2
Flrmi Assessment Roll - CUff Maus Road I:~nase lA
(F,n)J~ # 614.8)
Cliff Maus Road - F.M. P~5 (Old Browm~lie Rd.) to R~ Drive.
'1
07
N
~4~b, (~e~. tn~ Pw~m~d - F~ O Se. TS Sl,3~.37
EArl ~
To&si of A.~essmenl~: $35,205.g3
ORDINANCE
AMENDING ORDINANCE 024949 PASSED AND APPROVED ON
JULY 10, 2002, BY AMENDING SECTION 3 TO ADOPT THE
FINAL ASSESSMENT ROLL AND ASSESSMENTS TO BE
LEVIED AGAINST TI~IE OWNERS OF PROPERTY ABUTTING
ON TI~E FOLLOWING STREET: CLIFF MAUS ROAD, PHASE
lA, FROM F.M. 665 (OLD BROWNSVILLE ROAD) TO JUST
SOUTH OF ROCKFORD ROAD; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THI~ CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Amending Ordinance No. 024949 passed and approved on July 10, 2002,
by amending Section 3 to adopt the Final A~sessment Roll and A~essments to be levied
against the owners ofproporty abu~ng on the following street: CliffMaus Road, Phase
IA, from F.M. 665 (Old Brownsville Road) to just South of Rockford Road. A copy of
the final assessment roll is attached and incorporated as Exhibit A.
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 April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: April ~7 , 2005.
For City Attorney
Henry Garrett
Mayor
Jo~n\OrdRe~o2OO~Cllff Msu~ Final AJseMmenOla
Corpus Ghdsti, Texas
Day of ,2005
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,
Henry Garrett, Mayor
City of Corpus Chdsti
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Fm(~ F,M, 665 (Ol~ Bn~m~ ~lGe Rd,) lo 26W ~;~Nth of R~.Uord D~.
0 s~.~2 !~9
Tm,ti ~ ,~m~'~: ~5,203.65
Attachment
A
9
AGENDA MEMORANDUM
DATE: April 19 2005
SUBJECT:
Annaville Road Street Improvements
Final Assessment Roll
(Project 6138)
Bond Issue 2000 Project C-2R
AGENDA ITEM:
Ordinance amending Ordinance No. 025057 passed and approved on October 15, 2002,
by amending Section 3 to adopt the final assessment roll and assessments to be
levied against the owners of properS/abutting on the following street:
Annaville Road Street Improvements
Violet Road to Stadite Lane
and declaring an emergency.
ISSUE: The Final Assessment Roll needs to be adjusted to reflect actual cost and
requests, for adjustments. Council approval is required to amend the preliminary
assessments roll to reflect the cost of actual construction.
RECOMMENDATION: Staff recommends approval of the motion as presented.
'A~I~ R:Escobar, P. E.,
Dil~e~or of Engineering Services
Additional Sum3ort Material:
Exhibit "A" Background Information
Exhibit"B" Vicinity Map
Exhibit"C" Cost Summary
Exhibit "D" Final Assessment Roll
........ EiAC RoUN'D-iNFO TION .........
SUBJECT:
Annaville Road Street Improvements (from Violet Road to Starlite Lane)
(Project No. 6138)
BOND ISSUE 2000 PROJECT NO. C-2R
PRIOR COUNCIL ACTION:
November 14, 2000 - Ordinance canvassing returns and declaring the results of Ihe
Special Elecf~on held on November 7, 2000, in the City of Corpus ChdsU for the
adoption of seven propositions; adopting and levying a sales and use tax pursuant
to Section 4A of The Development Corporation Act as approved by lhe votem in
Propositions 4 and 5 (Ordinance No. 024269).
March 27. 2001 - Molion authorizing the City Manager, or his desigr, cc, to execute
an engineering services contract in the amount of $398,314 with Coym, Rehmet &
Gutierraz Engineering, Inc. for Neighborhood Strc~ Reconstruction at the following
sites:
· Woodlaw~ Drive
· Birmingham Street
· Lyons S~'eet
· Brookdale Drive
· Whiting Drive
· A~lnaville Road
Seotember 9. 2002 - Resolution determining the necessity for and ordering the
irnproverneflts of the following highway in Corpus Chdsti, Nueces County, Tex~s for
the Annaville Street Improvements:
· Annaville Road Street Improvements (from Violet Road to Starlite Lane)
Specifying that certain of these improvements will be paid for partly by the City and
partly by assessments while others will he paid for entirely by assessments; and
directing the City's Director of Engineering Servioes to file a Notice of Proposed
Assessments with the Nueces County Clerk (Resolution No. 024997)
Se~ g, 2002 - ResolulJo~ approving plans and specifications for the
impmvemeflts fo the following highway in Corpus Chdsfi, Nue~ __ County, Texas
the Annaville Road Street Improvements:
· Annaville Road Street Improvements (from Vioiet Road to Stadite Lane)
JEXHIBIT 'A" I
Page I of 2
Approving the Director of Engineering Se~ces' Project Consbucfion Cost Estirnate
including an estimate of the portion of cost to be paid by the City and the portion
to occur during the October 22, 2002 City Council Meeting; directing the City
Secretary to arrange to publish notice of this public hearing; and ordering property
owners (Resolution No. 024998)
5. September 9, 2002 - Public Hearing on proposed assessment for improvements to
the following highway in Corpus Chdsti, Nueces County, Texas;
· Annaville Road Street Improvements (from Violet Road to Stadite Lane)
6. October 15. 2002 - Ordinance closing the public hearing on proposed assessments
for the improvements to the following highway in Corpus Christi, Nueces County,
Texas:
· Annaville Road Street Improvements (from Violet Road to Stadite Lane)
Imposing assessments totaling $100,992.56 against properly abutlJng the
improvements, affected railways, and properly and railway owners; providing for
subsequent adjustment of assessment amounts and the corresponding liens and
charges based on as-builts conditions; specifying assessment payment terms an
liefl enforcement measures; and declaring an emergency (Ordinance No. 025057)
7. October 22. 2002 - Motion authorizing Ihe City Manager, or his designee, to award
a consb'uction contract in the amount of $1,090,531.35 with W.T. Young
Construction for Annaville Road from Violet Road to Stadlte Lane.
Motion No. 2002-355
PROJECT DESCRIPTION: This project consists of construction of 2,530 linear feet
of 28-foot back-to-back pavement, sidewalks, driveways and curb and gutter, 960
linear feet of storm sewer of various diameters; 2,450 linear feet of 8-inch PVC
sanitary sewer; and 2,520 linear feet of 8-inch PVC water line together with all
appurtenances as shown on the plans and called for in the specifications.
County
~'4NNAVlLLE STREET IMPROV~
FROM VtOLET r0 STARLFFE J.
--X
COST SUMMARY
ANNAVILLE ROAD STREET IMPROVEMENTS
The Annaville Road Street Improvements, project comists of improvements to the following
street:
Annaville Road Street Improvements (fxom Violet Road to Starlite Lane)
The streets were constructed by excavation to a width and depth to p~l,~it the laying of the
following pavement section:
standard 6' curb & gutter section;
6" lime stabilized flexible base
1.5 Type "D" Hot Mix asphaltic pavement
This street is 28-fl. wide and constructed within the existing right-of-my. There are 4--fl wide
standard reinforc~ concrete sidewalks, 4 inches thick_ Six-inch thick concrete driveways were
constructed as shown on the plans.
The assessment rates wvre calculated in a~cordance with the City's cummt assessment policy.
Based on this policy and low bid prices submitted by W.T. Young Construction, the rates are as
Itc~n
1. Curb, Gutter & Pav~nnent
2. Sidewalk ~Front / Side
3_ Driveway
Commercial Adjusted
Bid Price Plus 8%
E.gi -ri g Cost
$24.16 per linear foot
$2.81 per square foot
$4.86 per square foot
Commercial
Assessment Rates
$19.50 per linear foot
$1.00 per square foot
$4.86 per square foot
Item
1. Curb, Gutter & Pavement
2. Sidewalk - Front
3. Sidewalk - Side
4 .Driveway
Residential Property,
Churches & School
$24.16 per linear f~ot
$2.81 p~ square foot
$2.81 per square foot
$4.86 per square foot
Total Bid Price
Final Assessments
City's Share
$ 1,090,53135 $ 100,992.56
$ 989,338.79
Residential
Assessment Rates
$9.75 per linear foot
$1.00 per square foot
$0.50 pex square foot
$4.86 per square foot
scobar, P.E.
f Engineering Services
page 1 of 1
Billy F. Roth
~ l-~kC
111~
Final Assessment Roll - Annaville Rd. Street lmprovement~
.4nnaville Rd Violet Raj to Starlite Ln. (Project No. 61_t8)
000IL Cm~ Gutter, and Pavcn~na - Fro~
117.7 R Cu~o, Gutgr, aml Pa'nnnc~ - S kl~
0.00 Rz 4 fi. Widg Sidcvmflr - Fr~t
125.00 fi_ CuflL Gul~. a~d Pawn~t - Front
~ cl~.i~ TX 78410
Corp~ C l~.~ TX 78410
021~411t
0.~) fi-=
23828 fl?
0.00
Final A~essme~ Roll - Annavtlle l~. Sleet Ira0 rm, emen~
Cu~o. Guti~,aadPawme~-Front ~ $9.75 I~r~ $1,218.75
Curb, Guma-, nad Pav~nenl - Side ~ $4.88 p~ ff $O.00
C_arb. Cmt~, sad Pa'anmmt - From {~ $9.75 I~ fl- $565.50
Curb, Gum~,aadPuv,m~nt- Sde (~t $4.88 peril_ $0.00
Curb. Oul~-, and P~'.~e~ - From ~ $9 75 p~ K S l.~2.1g
~.G~, ~ ~- S~ ~ ~.18 ~
4 · W~S~-F~I ~ S1.~ ~2 =
No Ex~u
~ $4 88 par fl_ - $o.oo
~ $1.00 per fl_: - $M3.56
~ $0.50 po' tLz - $000
~ $4 [6 I~r fl-~ = $0.00
EXHHllT "D' I
Page 2 of 8
Lo~ ~2-A, ~t~k C
~ ~ TX 78410
Carp~ ~ TX 78410
lot 1{, Bi~:k E
0.0O a~
200~
Curb, Cmtex, ~u~ Pawm~ - S~ ~ $9.75 ~ [ $1,~2.17
C~,G~,~t-F~ ~ ~.R~ ~ ~19.~
No~ ~ ~.~ ~ffz ~'~
EXI~IBIT ~'D' I
Page 3 of 8
Final Asse~ment Roll - AnlaviBe Rd. Sleet Improvement;
$9.75 per fi_ = $682.50
$4.g~ p~r fi = $0.O0
gl O0 p~ fi~ - $154.00
$0.50 per fiz ~ $0.00
$436 pa- fin = $'/20.7~.
$4.86 p~ fi: = $725.01
$9.75 perff $585.~
$1 ~ Ina' fi~ $192.36
$9.75 I~r ff $0 00
$4.88 I~r · $732.00
$1.00 In~ ~ $0,00
$4)50 pa- fin $2~6.~
S4.R6 I~' fl.z $0.00
$0.00 p~fi~ = ~,00
$1~98fil5
SI,47~.97
Curb, Cm~, ami Pa~mt - F~ ~ $9.75 p~r fi =
Curb, Guma-, ami Pa,~nm~,nt - Sid¢ ~ $4.88 pex fi = $546_,6
No E~S ~ $0.00 pex
$1,97938
EXHIBIT UD" [
Page 4 of 8
EXHIBIT "D"
PaRe 5 of 8 [
35 lohn F. SoaM~d 56.90
P.O. B~ 10486 14924
Corpu. tC~J, TX 78410 1200~
0.00 ffz
~t ~kl
Corlno ~ TX 78410
1 lOJ~ ~an~vll. Rd
L~ 8, Hleck D
Ammw~ Adam No. 2
R-lB
Curb, GmlcL n~l Paw'mcm - Fron~ ~ S9.75 p~ fi- $554.T7
Sa~8~
EXHIBIT"D"
Page 6 of 8
Lot ~-E, ~l~k D
A~a~vRle Ad~f~m No. 2
~2134~44~
0.00 fi_
0.00 fl)
Fiaal A_qs~smeat Roll - Jaaaaville Rd. Street lmproveme~t~
2OO5
Curb, Gulm, and Pa v-cmertt - From ~) $9-75 Ix:r ~ = $1,179.75
4 fl Wide Sidewalk - Front (~ $1.0~ ~- IL: $41L20
NoE~ {~ $0.00 per II.:
No Ex/~s ~ $0 0~ [~r IL: =
$2,aS6.S7
No ~ ~y - S~ ~ ~ ~ ~ ~: ~.~
No E~ ~ $0.~ ~ ~? ~,~
EXHIBIT "D~
Page 7of8 [
Final Assm]ment Ro# - Annavige Rd. ~ Impl'o~m~t~
$9.75
$4.6S
SI.O0
~0.50
$4.86
S1,658-18
To~I Amount Amlt~std from Property Owlera:
EXHIBIT "D" [
Page 8 of 8
ORDINANCE
AMENDING ORDINANCE NO. 025057 PASSED AND
APPROVED ON OCTOBER 15, 2002, BY AMENDING SECTION
3 TO ADOPT THE FINAL ASSESSMENT ROLL AND
ASSESSMENTS TO BE LEVIED AGAINST THE OWNERS OF
PROPERTY ABUTTING ON THE FOLLOWING STREET:
ANNAVlLLE ROAD FROM VIOLET ROAD TO STARMTE LANE;
AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. Amending Ordinance No. 025057 passed and approved on October
15, 2002, by amending Section 3 to adopt the Final Assessment Roll and
Assessments to be levied against the owners of property abutting on the
following street: Annaville Road from Violet Road to Stadite Lane. A copy of the
final assessment roll is attached and incorporated as Exhibit A.
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 afl=aim 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 January, 2005.
ATFEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: Apdl /-/ ,2005
p. ¢' ,
Burke, Jr. (~'
~istant City Attomey
For City Attomey
Henry Garrett
Mayor
Corpus Christi, Texas
Day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsfi, 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,
Henry Garrett
City of Corpus Chdsti
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelley
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
4J02 Vsolett~l
Corpu. s Christ~ TX 78410
I~ Gene~a L. Tschot~
Aama~e Addi(~ No. 2
Final Asseasment Roll -Annaville Rd. Street Improvements
Annaville Rd. Violet Rd to Star/ite Ln (Project No. 6138)
0.00 fl-~ No ~ D~'v,~y- Si~ ~ $436 per fl.:
$ l,&~.Sl
S633.75
SOO0
$2,282_n5
AUachment
A
NelsonEDownen, et~a
ILar 7-~. Bi~:k C
11 BidlyF.~g~Valenline, etax
12 B~ly F.~rgene Valent~e, et ax
~o~ 11~ ~i~k C
125.00 lt.
0.00 fL
452.00 IL~
15331 fl_2
0.00 fl]
O00ff
23828 ~2
0.00
Final As~ment Roll - Annavflle Rd. Street Improvemeut~
R~vtsed M~rch Z~, 200~
a~-onso Pewa,et ux
1002 Annt~dle I~l.
Corpu~ Chr~st~ TX 78410
4~01 Ltoa~'d Dr-
106.89
8600
37956
304GO
14771
Final Ass~smeet Roll - Annaville Rd. St~el Improvement~
7000
0.00
O00fL
Final Assessment Roll - Annavffie l~. Street lmprovement~
Crab, GuVa~, and Pav~ - Fram ~ $9.75 p~ fL $6~2.50
Curb, CrutCh, and Pav~.m - S~ ~ $4.88 p~ fl. $0.00
No Exms ~ SO.CO lgrll?
27 Ray Camu
R-lB
11200 fL
0.00
10913 .dnnm~ Rd_
Fi--] Assm~]em R~dl - Annavl]le R~ S4n~1 lmpr~vementn
Rm4eed March ~, 200~
~ Rata, ~
Curb, Gum:r, and Pavt-m~m - From ~ S9.75 po' fl $975.00
Curb, Gul~r, andPaw, m~.- Side (~ $4.68 po'fi. S0.1EI
4 fl. Wid~Sid~-w~-Froat ~ $1.00 po-It_z $324.00
No E~.s ~ ~.0~ I~r l~~ ~-~9
No E~m~.~ @ .~0.00 I~ fl_:
~,,~44.~'
No EnO'as (~ $O.00 ~ ~:
No Enaas @ SO.00 po- R~ =
Curb, Gutm', and Pl',,=m~t - Side ~) S4 ~8 po' iL = $~00
No Ena-ts @ $O.00 pa- fi: =
~r
R-lB
~ C~ TX 7841~759
R-IR
C~ TX 7~10
14924 fl.
0.00
0.00
Final Assessment Roll - ~eua~411e Rd. St]~ lmprove~enls
Revised March ~3, 2~0'5
Curb, Gotlgr, and Paveme~l - From (~ $9.75 per ff =
Cab, ~, s~l Pavemem - Side (~ $4.88 per ff $72829
4 fl. W~e Sk~"'w~ - From ~ $1.00 I~r i~~ - $120.~
4 R. Wide Side'watl/- Side ~ $030 per l~~ - $29~.4&
10 flL Wide D~ivew~y - Fronl ~ $4.86 p~ ~z - $61722
No Se~md Driveway- Side (~ $4.86 pga-R~ $0.gO
No E~.s ~ $0.0~ per O_z = }0.00
No E~ ~ $0.00 per i~2 = ~0,00
12.9 lt. Wid~ l)~vcway -Front @ $436 pa-iL2 $765.45
No Ses:o~lDriv~tny- Side ~ ~.g6 i~fl_z
No Exes ~ ~0.00 ~e~ Ez
~ Mar~h 23, ~
Curb, Outlcr, andPa~-Front ~ $9.75 p~f[. $1,17975
Curb, Gua~,~ndPavennml-Side (~ S4.88 p~_
4 fl. Wide Sidewalk - From ~ $1.00 i~' il.z $411.20
4 fl. Wid~ Sida~v~lk - Side ~ $0.50 pe~ fl? $0.00
No Ex,ms C~ $0.00 ~ ffz $0,00
Curb, Gmanr, a~ l~,nnm:m - Side ~ $4.~8 I~ il. $0.00
No En:a"as ~ $0.O0 p~ lk~
No Ertr~ (~ $000 ~ fl~
49 Oaniel L. McDom~d
4006 ~ Circle
Corpw Chrla~ TX 78410
11127 Al~ville lid
~ CI~, TX 78410
78.10
O00R
272.40
78.10
Fieml Aaa~meet Rail - AlalVi~ ~ St~ Improvemelts
Curb, Oat~, and Pa~a~nt - From ~ $9.75 ~ IL = $761.47
Curb, C,~il~, and Pav~rnm - Side ~ $4.88 I~r fl_ =
4 fl. Wide Sidewalk - Froot ~ $1 ~ i~e~ ff~ = $272.40
No E~ ~ ~.~ ~ ~a ~,~
~,7~.~
S912.75
To~al Amommt 8~e~zd 6nm l~mlnM~ Owlen: S IlO ,~L~$
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: April 19, 2005
AGENDA ITEM: Resolution approving Amendment No. 1 of the Agreement between the Corpus
Chdsti Business and Job Development Corporation and ACClON Texas, Inc. regarding interest buy
down program application process and job creation definition.
ISSUE: In July 2004, the Board authorized an agreement between the Corpus Chdsti Business and
Job Development Corporation and ACCION Texas, Inc. to provide business development funds to
ACCION Texas. These funds are to be used by ACCION Texas for small business loan assistance
programs which will result in the creation of new full-time permanent jobs in the city of Corpus
Chdsti. The Board then authorized Amendment No. 1 to the agreement at its meeting of Apdl 4,
2005 to revise the interest buy down program application process and amend the job creation
definition.
REQUIRED COUNCIL ACTION: Approval of resolution presented.
PREVIOUS COUNCIL ACTION:
July 2002
Ordering of a special election to be held on November 5, 2002 to authorize a
corporation governed by section 4A of Article 5190.6 Vernon's Texas Civil
Statutes to use a sales and use tax of 1/8m cent for projects authorized by
said statutes
November 2002
Enactment and filing of a 1/8~h cent sales and use tax authorized by passage
of Proposition 2, effective Apdl 1,2003 and designation of the pfc cxisting 4A
Board as adminis/rator of tax proceeds and related projects
May 2003
Resolution approving the Business and Job Development Corporation
Guidelines & Criteda for granting business incentives and Resolution
approving the Business & Job Development Corporation Proposed Budget for
balance of FY2002-2003 and for F'Y2003-2004
July 13, 2004
Resolution approving the City of Corpus Christi, Texas Business and Job
Development Corporation's Budget I:or FY 2004-2005
July 27, 2004 Resolution approving amendment to the Corpus Chdsti Business and Job
Development Corporation's Guidelines & Cdteda for Granting Business
Incentives to define small businesses as employers with 49 or less
employees
Resolution approving the Corpus Chdsti Business and Job
Development Corporation's contract with ACCION Texas for $200,000 from
the Business and Job Devetoprne~t Fund 1140 to implement a small business
loan program for unbankable businesses and offedog loans up to $50,000;
Resolution approving and authorizing the City Manager or designee to
execute a project agreement between the Corpus Christi Business and Job
Development Corporation and the City of Corpus Chdsti for implementation
and administration of the contract with ACCION Texas.
CONCLUSION AND RECOMMENDATION: Approve resolution as presented.
Assistant City Manager
Attachments:
1) Resolution
2) Amendment No. 1
RESOLUTION
APPROVING AMENDMENT NO. 1 OF THE AGREEMENT BETWEEN
THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT
CORPORATION AND ACCION TEXAS, INC. REGARDING INTEREST
BUY DOWN PROGRAM APPLICATION PROCESS AND JOB
CREATION DEFINITION
WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's
Texas Revised Civil Statutes ("Development Corporation Act of 1979")
empowered local communities with the ability to adopt an optional local sales and
use tax as a means of improving the economic health and prosperity of their
citizens;
WHEREAS, on November 5.2002, residents of the City of Corpus Christi passed
Proposition 2, New and Expanded Business Enterprises. which authorized the
adoption of a sales and use tax for the promotion and development of new and
expanded business enterprises at the rate of one-eighth of one percent to be
imposed for 15 years;
WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was
subsequently enacted by the City Council and filed with the State Comptroller of
Texas, effective April 1, 2003, to be administered by the Board of Directors
("Board") of the Corpus Chdsti Business and Job Development Corporation
("Corporation");
WHEREAS, Section 21 of the Development Corporation Act of 1979 requires the
City Council to approve all programs and expenditures of the Corporation;
WHEREAS, Accion Texas, Texas nonprofit corporation, submitted a proposal to the
Corporation to request business development funds of $150,000 for loan interest buy
down assistance for qualifying small businesses in Corpus Chdsti; and
WHEREAS, the Board authorized agreement at its meeting of July 8, 2004 to provide
business development funds to Accion Texas to be used by Accion Texas for small
business loan assistance programs which will result in creation of new full-time
permanent jobs in the city of Corpus Christi;
WHEREAS, on July 27, 2004, the City Council approved the proposed Accion Texas
project and its associated expenditure be approved by Resolution 025876;
WHEREAS, the Board authorized Amendment No. 1 to the Agreement at its meeting of
April 4, 2005 to revise the interest buy down program application process and amend
the job creation definition;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
Page 2 of 2
SECTION 1. The City Council approves the Corpus Christi Business and Job
Development Corporation's Amendment No. 1 to the contract with Accion Texas, Inc.
regarding interest buy down program application process and job creation definition. A
copy of the amendment is attached as Exhibit A.
A'CrEST
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved: April 12,,2005
Lisa Aguilar~~
Assistant City Attomey
for City Attorney
Henry Garrett
Mayor
H:\LEG-DIR\Lisa~RES~,ccion Res. Apd12005.doc
Corpus Chdsti, Texas
Day of
,2005
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,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Amendment No. 1 to the Agreement between City of Corpus Christi
Business and Job Development Corporation and ACCION Texas, Inc.
Whereas, in July 2004, the City of Corpus Christi Business and Job Development Corporation
("Corporation") and ACCION Texas, Inc. ("ACCION Texas") executed an agreement to provide business
and job development incentives;
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
1. Section 4. Interest Buy Down Program, is amended to read as follows:
"4. Interest Buy Down Program,
"a. In consideration tar creation and maintenance of new jobs as provided in this Agreement, the
Corporation agrees to pay ACCION Texas up to $150,000 for the Interest Buy Down Program as
follows:
"i. ACCION Texas must first receive a request for a loan from a small business located in
Corpus Christi, or a business locating in Corpus Christi ("Business').
"ii. Tho requost must include tho business namo, namo of bu¢inoss ownor(s), location of
businocs, typ~ of business, number at now jobs lo bo c, reatod, amount al' loon, and amount at
interest buy down program funds requostod (up to 7% of tho loan intore~crate)~
"i~ii_. ACCION Texas shall review the request for a loan [rom the Business.
"~,~iii. Upon ACCION Texas approval oi~ a loan and prior to ~he closinq o~the loan, ACCION
Texas shall submit requost to Corporation for tho intorost buy down program funds f~r the
loan (up to 7% of [ho loan) A'I-FACHMENT "A" to the Corporation requestinq funds to buy
down the interest rate from the interest rate allowable per the underwritinq criteria to 5.5%.
The Corporation authorizes an interest buy~own up to 7% of the interest rate to finance the
loan. Payment by Corporation shall not exceed $17,500 per loan and shall be calculated
using the following formula:
((Loan amount x intorest rata (up to 7%))/12 - N.
((Loan amount x interest rate to buy down to 5.5% / 12 = N.
N x number of payments = interest buy down reimbursement to ACClON for business
loan. (The number of monthly payments shall not exceed si;dy (60).)
Example: ($10,000 x 7%)/12 = 55.33
55 33 x 36 = $2100=amount lo be reimbursed to ACCION for business loan.
%~iv. The Corporation shall provide a response to approve or deny the reimbursement for to
the Interest Buy Down Proqram funds to ACCION Texas within 2 business days of receipt of
Attachment 'A" Thc Cc,~-.cration sh~ll dictJ'ibuto tho inJ;ere~t buy down program funds lo
ACCIOn Toxas within 30 days or reooipt of noti~cation of ~pproval of loan undor tho intorest
buy down program. The Corporation shall reimburse funds wiLhin 30 days after evidence of
closinq the loan is submitted.
",,,q.v. The total funds available on an annual basis under the Interest Buy Down Program
under this agreement is $150,000.
Page 2 of 8
"b. The loans assisted with Ihis program shall be within the range of $!0,000 $5,000 to $50,000.
"c. This program shall result in the creation of one permanenl full-time job per every $50,000 in
loans assisled with the Interesl Buy Down Program within two years of the loans. ACCION Texas
shall ensure that the loan will result in the ~eation of one new full-time permanent job in the city
o[ Corpus Christi.
"d. Businesses assisted through this program must be:
1. unable to obtain a loan i~rom a traditional financial institution or unable to qualify I'or
the total needed for a business loan throuqh a bank or credil union, in which case
ACCION Texas can loan the remainin~l amount with the buy-down interesl rate
proqram in coniunction with the bank]credit union.
2. Lo~ated in or lecatinq in Corpus Christi crty limits.
3. New or expandinq business or home-based businesses Io~-_.ated in the Corpus Chds~i
city limits.
4. Current on payment oi~ all sales tax.
5. Current on payment of all ad valorem taxes in the City of Corpus Christi.
"e. The followinq protects are ineliqible tot this proclram:
1. Retinancinq ol~ existina loans or debt
2. Businesses located outside the Corpus Christi city limits
3. Home-based businesses located outside the Corpus Chdsti city limits
4. Loans to exisfincl businesses which are not planninq on expandinq
5. Business retention.
'e:f_. ACCION Texas shall provide the Corporation with quarterly reports as provided in
Attachment B to identi~y lhe loans made, name and address of the business receiving the loan,
jobs created under the Interest Buy Down Program, and other repeals as requesled by the
Corporation.
"',~:I. ACCION Texas shall provide funds for operations and loan capital to implement and sustain
the program.
"g~h. ACCION Texas shall develop loan underv~Titing criteria and payment terms and conditions
for its loan program and provide to the Corporation.
2. Section 5. Job Creation Qualification is amended to read as follows:
"5. Job Creation Qualification
"a. In order to count as a created job under this Agreement, the job must pay wages as required
in Section 38 (b) of the Development Corporation Act of 1979, as amended, which is the median
waqe of the occupation in the Corpus Chdsti MSA as determined by Texas Workforce
Commission's Texas Industry Proilles report.
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Page 3 of 8
"b. A full-time permanent job is one that provides at least 2,080 hours annually. The jobs cheil
bo primarily engaged in serving a customer base outside a 50 milo radius of tho city of Corpue
Ch,'-!ct!.
"c. ACCION Texas agrees to confirm and document to the Corporation that each job created
u.",der as a result of fundinq provided by this Agreement is maintained throughout the term of this
Agreeme~ the loan to the Business.
"d. ACCION Texas agrees to provide Corporation with a sworn cerEficate by authorized
representative of each small business assisted under this Agreement certifying the number of full-
time permanent employees employed by the small business.
"e. ACCION Texas shall ensure that the Corporation is allowed reasonable access to ~
records of the small businesses assisted under this Agreement."
3. All other terms and conditions of the Agreement remain unchanged.
Agreed to by:
Corpus Christi Business & Job Development Corporation
By:
Name:
TitJe:
Date:
Attest
By:
Name:
Secretary
ACCION Texas, Inc.
By: e~
Jani
President and Chief Exec~t~ye Officer
Date:
STATE OF
COUNTY OF NUECES ,
This instrument was acknowledged before me on I.~. ~'/ ,2005, by Janie Barrera,
President and Chief Executive Officer for ACClON Texas, Inc., a Texas non-profit corporation, on behalf
~_f ACCION Texas, I~,~/.) -
NO .~q lc, State of Texas
;:\Documents and Se[tings~barrera~_ocal Set:tings\Temporary Intemet Files\OLKC4~ACCION Texas April 4 2005 Amd No. 1.doc
Business Name
Business Address
Business Phone
Tax ID #
Cdteria i'or Eliqibilib,,. Check all that apply
ATTACHMENT A - Request for Interest Buy-Down
Business Owner
City
Type of Business
[] Unable to oblain a loan from a badi[ional i~naocial institution
[] Located in or locating to the Corpus Chdsti C~.
[] Company is a new or expanding business
[] Company is current on [heir sales tax
[] Company is current on ad valorem taxes in the City o[ Corpus Christi
Unbankable Cdteda: Please check one and provide a briel' explanation
[] Credit Score
[] Loan to Value Ratio
[] Collateral
[] Other
Briefly describe purpose ol~ loan and how this loan will create a new ~ob
Zip
Page 4 of 8
Loan Amount Qualihying Interest
Rate
Term (monihs) Buy-Down Request
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Page 5 of 8
Provide the folio.wing information for exJstin9 ~obs
TOTAL FTE JOBS
Provide the following information fo,r job(s) to be created due to this loan.
J~~ .. '~,'~..- ,... · ,(,~,','i.,,.., ,.,. :.. .=..,,.!,,,.,~.'. .... .,.,.-.-,.~.'~i...[.~,~.... ~ ~
' ~,.,"-;,¢,,¢.-.'(!,:L!'~',;,. ,:~,,t~i¢:" "' :../'..:' ":'" .s .¢t'..-J',.i;~:L~' :':i'~ .' .~-h..~,':,l.'?S:~,J~;!;; ! '~'(r i'[,.~')~."~'¢~;' .'" ~'~
TOTAL FTE JOBS
ACCION TEXAS
Submitted by Tit~e Date
Send Atlachment "A" to
A~I'N: Corpus ChdsLi Business & Job Development Corp.
Economic Developmen[ Oft-me
Cil7 of Corpus Chdsti
P.O. Box 9277
Corpus Chdsti, TX 78469
Fax 361-880-3845
.,':\Documents and Setfings~barrera~_ocal Settings\Temporary Intemet Files\OLKC4~ACCION Texas April 4 2005 Amd No. 1 .doc
Page 6 of 8
ATFACHMENT B - Quarterly Report
Corpus Christi Business and Job Development Corporation
Please check the box reflecting this repeal
[] July9-October 8 (Due Nov 1, 2004)
2OO5)
[] January 9-Apdl 8 (Due May 1, 2005)
[] October 9 - January 8 (Due February 1,
[] April 9 - July 8 (Due August 1, 2005)
Name of Organization Contact
Mailing Address City State
Phone Fax
Loan Loss Reserve Program (list businesses secured with loan loss reserve)
EX: ABC Expods Export 1200 CC 50,00 10 5 1/4/20 N
textiles Street 0 05
50,00
0
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Page 7 of 8
Caj3ital levera~led from th,e..L, oan Loss Reserve
~:,~_~ ~- ,...~. ,.,,:,. :.
~. ~ ~.~; :.~,,,..;.:;:..: :. ~ ~~,,r~!T.. .
~~.~,,:~:..~...;:~?.~.:..:~ ....:..~,:..".~ :.:~ ,. ~~'~.~
EX: Bank of Co~us Chdsti 250,~0 loan
;:\Documents and .Setlmgs~jbarrera~.ocal Se[tings\Temporary Intemet Files\OLKC4V~CCION Texas Apdl 4 2005 Amd No. 1 .doc
Page 8 of 8
Interest Buy Down Program
EX:ABC Hardware 100 SPID CC 10,000 2 3 1/1/20 1,500
Hardware Store 05
I certify that the above information is true and correct to the best of my knowledge and that the
businesses benefiting from the funds under the contract have met the criteda under the
agreement and the Corpus Christi Business and Job Development Corporations Guidelines for
granting business incentives.
Signed Title Date
Send Attachment "B" to
ATI-N: Corpus Christi Business & Job Development Corp.
Economic Development Office
City of Corpus Christi
P.O_ Box 9277
Corpus Christi, TX 78469
Fax 361-880-3845
~.:\Documen[s and Seitings~jbarrera'J_ocaf Settings\Temporary Intemet Files\OLKC4.~ACCION Texas Apdl 4 2005 Amd No. 1.doc
11
AGENDA MEMORANDUM
Apd119, 2005
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement
with The Gray Estate, (Developer), in the amount of $208,691.75 for public
improvements including street pavement, curb, gutter and sidewalks,
sanitary and storm sewer lines and water main to serve Corpus Christi
Retirement Residence Addition, in accordance with the Platting Ordinance
Section V-Required Improvements, Subsection A.3. (b) and declaring it an
emergency.
ISSUE: Mr. Adam Hutchison, E.I.T., with Naismith Engineering Inc., on behalf of The Gray
Estate, developer of Corpus Chdsti Retirement Residence Addition submitted deferment
agreement documentation to defer the construction of off-site, public improvements for the
Corpus Christi Retirement Residence Addition including street pavement, curb and gutter
and sidewalks, sanitary and storm sewer lines and a water main in accordance with
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 The Gray Estate (Developer).
CONDITION: Developer must post a letter ol~ credit 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 as presented.
B. A. Holly, Y~.I.C.P.
Director Development Services
A'i-¥ACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Background Information
Location Map
Cost Estimates
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of Corpus Christi Retirement Residence
Addition located west of South Staples Street north of Lipes Boulevard, required the
construction of off-site, public improvements including the construction of street pavement,
curb gutter and sidewalks, sanitary and storm sewer lines and a water main.
Mr. Adam Hutchison, E.I.T. with Naismith Engineering Inc., on behalf of The Gray Estate,
owner and developer of Corpus Christi Retirement Residence Addition has submitted
Deferment Agreement documentation to defer the construction of required public
improvements in accordance with the Platting Ordinance Section V-Required
Improvements, Subsection A.3. (b). The Planning Commission at its Apdl 6, 2005 meeting
recommended the execution of the Deferment Agreement and found reasonable cause to
delay the requirement to complete 75% of the required public improvements to expedite
the recordation of the plat. The Planning Commission on its January 26, 2005 meeting
approved the plat for Corpus Christi Retirement Residence Addition.
A Deferment Agreement, (Exhibit D) between the City of Corpus Chdsti and The Gray
Estate will allow the developer to defer the construction of required improvements for a
pedod of approximately one (1) year from the date the Deferment Agreement is signed and
approved. The deferment of said improvements will allow the Developer to expedite the
recording of the plat and obtain Building Permits to develop the Corpus Christi Retirement
Residence Addition.
The developer has agree to deposit $208,691.75in the form of a letter of credit, amount
which is 110% of the estimated cost of constructing the required improvements (Exhibit
C), in compliance with the Platting Ordinance Section V- Required Improvements,
Subsection A.3. (b). (1).
Construction plans for the installation of the public improvements will be reviewed and
approved by the City prior the execution of the Deferment agreement.
RECOMMENDATION: Staff recommends approval of the motion as presented.
EXHIBIT A
NAISMITH ENGINEERING, INC.
ENGINEERING · ENVI~0~AL · SU~VE~G
PROPOSED CORPUS CHRISTI
RETIREMENT RESIDENCE
LOCATION MAP'
EXHIBIT B
Naismith Engineedn9, Inc.
Adam Hutchison, E.I.T.
March 30, 2005
Construction Costs
Title: Corpus Chdsti Refiremenl Residence
Acreage: (Offsite Improvements)
Lec. a~ion: Lipes, west o[ Staples
ITEM DESCPJPTION QUAN. UNIT UNIT TOTAL
PRICE COST
A. PAVING IMPROVEMENTS:
1 2" HMAC including Prime Coat 825 SY $6.75 $5,568 75
2 8" Lime Stabilized Subgrade 1,150 SY $3.50 $4,025.00
3 8" Stabilized Flexible Base 825 SY $7.25 $5,981.25
4 Curb and Gutter 800 LF $7.75 $6,200.00
5 4' Cor~rete Sidewalk 800 SF $2.65 $2,120.00
6 Roadway Repair 575 SY $25.00 $14,375.00
7 Traffic Control Plan Implementation 1 EA $5,000.00 $5,000.00
PAVING SUB-TOTAL: $43,270.00
B. STORM SEWER IMPROVEMENTS (OVERSIZED TO SERVE OFF-SITE):
1 1 B" RCP 1,968 LF $3.4.00 $66,912 .OD
2 Class 'D' Embedment 1,968 LF $3.00 $5,904.00
3 OSHA Trench Protection 1,96~ LF $1.00 $1,968 00
4 Stocm Sewer Maeho~es 4 FA. $2,500.00 $10,000.00
5 Storm Sewer Ouffalls 1 EA $3,000.00 $3,000.00
STORM SEWER SUB-TOTAL:
$87,784.00
C. WATER IMPROVEMENTS:
1 12" PVC C-900 290 LF $28.00 $6,120.00
2 12" Gate Valve and Box 3 EA $1,500.00 $4,500.00
3 Tie to Existirx:j Waterline 2 LS $2,000.00 $4,000.OD
4 6" PVC Watedine Connection 82 LF $16.00 $1,312.00
5 Roadway Repair 15 SY $45.00 $675.00
WATER SUB-TOTAL:
$18,607.00
D. SANITARY SEWER IMPROVEMENTS:
I 6" PVC 467 LF $18.00 $8,406.00
2 Class 'D' Embedment 467 LF $3.00 $1,401.00
3 OSHA Trench Protection 467 LF $1.00 $467.OD
4 4' Diameter M.H. 2 EA $2,500.00 $5,000.00
5 Tie to ExistJng Manhole I EA $1,000.00 $1,000.00
6 Roadw~,y Repair 15 SY $45.00 $675.00
SANITARY SEWER SUB-TOTAL:
E. MISCELLANEOUS IMPROVEMENTS:
I Pollution Prevention Measures I LS $2,000.00
2 Relo,c:atJon of Overhead Power Poles 3 EA $3,000.00
MISCELLANEOUS SUB-TOTAL:
CO.STRUCTtO. COST SUB-TOTAL,
/:..-
~ ........................ ~ ENGINEERING FEES (7.5 Ye):
I~/CEN~.~ TOTAL ESTIMATED IMPROVEMENTS COST:
$16,949.00
$2,000.00
$9,000.00
$11,000.00
$177,610.00
$17,761.00
$13,320.75
$208,601.75
EXHIBIT C
DEFERMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF NUECES §
This Agreement is entered into between the City of Corpus ChdstJ ("City") and The Gray
Estate, ("Developer"), and pertains to deferral of the improvements required prior to filing the
final plat of Corpus Chdsti Retirement Residence Addition, which was approved by Planning
Commission on January 26, 2005 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 off-site public
improvements, including construction of street pavement, curb, gutter and sidewalks, sanitary
and storm sewer lines and water main, Exhibit 2, before the final plat is signed by the City's
Director of Engineering. Detail construction drawings will be provided by the Developer and
approved by the City's Departments of Development Services and Engineering pdor to the
start of consLruction; 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 5, of the Platting
Ordinance; and
WHEREAS, the Developer will deposit the sum o[' two hundred eight thousand, six hundred
ninety one dollars and seventy five cents ($208,691.75) which is 110% of the estimated cost of
constructing the required improvements, as shown on the attached costs estimate, which is
attached and incorporated as Exhibit "3", with the City of Corpus Christi; and
WHEREAS, the City Attomey 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. (6) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree as follows:
The City agrees to waive the requirement that required 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 street pavement,
curb, gutter and sidewalks, sanitary and storm sewer lines and water mains, for up to
twelve (12) months from the date of this Deferment Agreement.
D~[erAgre~
EXHIBIT D
The Developer agrees to submit two hundred eight thousand, six hundred ninety one
dollars and seventy five cents ($208,691.75) letter of credit, with the CITY OF
CORPUS CHRISTI, which is 110% of the estimated cost of constructing the required
improvements, 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.
The Developer agrees to construct the required improvements, including construction of
street pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water
main to serve Corpus Chdsti Retirement Residence Addition in accordance with the
City's engineering standards in effect at the time of construction.
The principal amount of two hundred eight thousand, six hundred ninety one dollars and
seventy five cents ($208,691.75), shall be placed by the City in an interest-bearing
account and the total sum, both principal and interest, shall be made available to the
Developer in such amounts and on such dates as may be mutually agreed upon by both
parties, by and through their designated representatives, for use by the Developer
solely for the construction of the required improvements hereunder. Such funds shall
not be used for any other purpose whatsoever.
Upon completion of the deferred improvements, including the construction of street
pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water main to
serve Corpus Chdsti Retirement Residence Addition, by April 12, 2006, or such later
time as may be mutually agreed upon by both parties, and upon acceptance of the
Project by the City Engineer and upon compliance by the Developer with the terms of
the Deferment Agreement, the City Engineer shall immediately release Developer from
all obligations hereunder, by mailing such Release Letter to:
Mr. Nerm Brondon, Partner,
Colson & Colson Construction Co,
2250 McGilchrist Street S,E,
Salem, OR 97302
and thereafter refund to the Developer within sixty (60) days of the completion of
construction and settlement of construction contracts, any balance remaining of all
monies received by the City from the Developer, including interest eamed.
If the deferred improvements, have not been completed by April 12, 2006 or if the
Developer fails to deposit any increase security as set out below, after notice to the
Developer and oppodunity to cure as stated in Paragraph 8 below, the City will transfer
the balance of the amounts received, including any interest earned, to the appropriate
City fund and the City will then begin completion of the deferred improvements,
including construction of the of street pavement, curb, gutter and sidewalks, sanitary
and storm sewer lines and water main to serve Corpus Chdsti Retirement Residence
Addition with any monies received from the Developer, both principal and interest,
remaining after completion of construction being refunded by the City to the Developer.
If City constructs all or any part of the improvements, the Developer agrees to
DelerAgree
10.
11.
12.
13.
14.
reimburse the City for any additional cost of the improvements, if the sum of money and
interest prove inadequate to complete the improvements, within thirty (30) days after
City completes the improvements and bills the Developer.
The City and Developer agree that ir the Developer formally vacates the currenl plat,
with approval or the Planning Commission, pdor to the deadline [or the completion or
the construction of the deferred improvements, including construction of the of street
pavement, curb, gutter and sidewalks, sanitary and storm sewer lines and water main,
with related infrastructure the money received by the City from the Developer, remaining
on deposit, plus interest earned, will be released and immediately returned to the
Developer.
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 thidy (30) days from date of receipt of the letter to cure the default. If
the Developer rails to cure the default after such notice and opportunity to cure, the City
Engineer will exercise the City's rights 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 or the improvements, the
excess monies, both principal and interest, shall be refunded to Developer within sixty
(60) days of the completion of construction and settlement of construction contracts.
The Developer agrees that the City, after notice in writing to the Developer and Project
Engineer, may accelerate payment or performance or require additional secudty when
the City Engineer determines that the prospect of payment or performance is
questionable.
The Developer covenants to construct the required improvements, and that such
covenant shall be a covenant running with the land.
The City's Director of Engineering Services, at Developer's expense, shall file of record
this Determent Agreement in the records of Nueces County.
No party may assign this Deferment Agreement or any rights hereunder with the prior
written approval or the other parties.
Unless otherwise staled herein, any notice required or permitted to be given hereunder
shall be in writing and may be given by personal delivery, by fax, or by certii~ed 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 opposite the signature of such
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_
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.
DeferAgree
15.
16.
The Developer further agrees, in compliance with the City of Corpus Chdsti Ordinance
No_ 17113, to complete, as part of this Agreement, the Disclosure of Ownership
interests form attached hereto (Exhibit 4).
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 odginal 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 __
day of ,2005.
The Gray Estate
Mr. r~L~ r~ ~
Colson & Colson Construction Co.
2250 McGilchrist Street S.E.
Salem, OR 97302
By:
STATE OF ~ §
r~o.~ ~0-r~ §
COUNTY OF ~,~E~" §
This instrument was acknowledged before me on the ~ ff'"~ay of
Norm Brenden.
No~~nden, P~P~ne.r --
,2005, by
NOTARY PUBLIC, STATE
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
ATTEST:
By:
ARMANDO CHAPA,
Cily Secretary
By:
George K. Noe
City Manager
THE STATE OF TEXAS §
COUNTY OF NUECES §
This Instrument was acknowledged before me on the __ day of
2005, by George K. Noe, City Manager for the City of Corpus Chdsti, a Texas municipal
corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This /' ~) day of
2005.
By:
A 't t ' ~
For City Altorney
OeferAgree
EXHIBIT
:EXHIBIT 2 (Page 1 of 4)
/
t
I
\
\
\,
EXHIBIT 2 (Page 2 of 4)
I
1
I
EXHIBIT 2 (Page 4 of 4)
Naismith Engineering, inc.
Adam Hutchison, E.I.T.
March 30, 2005
Construction Costs
Title: Corpus ChdsLi Retirement Residenc~
Acreage: (Offsite improvements)
Location: Lipes, west ct Staples
ITEM DESCRIPTION
A. PAVING IMPROVEMENTS:
QUAN. UNIT UNIT TOTAL
PRICE COST
I 2' HMAC including Prime Coat 825 SY
2 8' Lime Stabilized Subgrade 1,150 SY
3 8" Stabilized Flexible Base 825 SY
4 Curb and Gu['ter 800 LF
5 4' Concrete Sidewalk 600 SF
6 Roadway Repair 575 SY
7 Traffic Control Plan Implementation I EA
$6.75 $5,SE, EL75
$3.50 $4,025.00
$7.25 $5,9§1.25
$7.75 $6,200.00
$2.65 $2,120.00
$25.00 $14,375.00
$5,000.0O $5,000.00
PAVING SUB-TOTAL:
B. STORM SEWER IMPROVEMENTS (OVERSIZED TO SERVE OFF-SITE):
I 18" RCP 1,9~8 LF $34.00
2 Class 'D' Embedment 1,968 LF $3.00
3 OSHA Trench Protection 1,9~8 LF $1.00
4 Storm Sewer Manholes 4 EA $2,500.00
5 Storm Sewer Ou[falis 1 EA $3,000.00
STORM SEWER SUB-TOTAL:
$43,270.00
$66,912.00
$5,904.00
$1,9,58.00
$10,000.0O
$3,000.00
$87,784.00
C. WATER IMPROVEMENTS:
I I'Z' PVC C-90O 290 LF $28.00 $8,120.00
2 12" Gate Valve and Box 3 EA $1,500.00 $4,500.0O
3 Tie to Existing Waterline 2 LS $2,000.00 $4,000.00
4 6" PVC Waterline Connection 82 LF $16.00 $1,312.00
5 Roadway Repair 15 SY $45.00 $675.00
WATER SUB-TOTAL:
$18,607.00
D. SANITARY SEWER IMPROVEMENTS:
I 6" PVC 467 LF $18.00 $8,406.00
2 Class 'D' Embedment 467 LF $3.00 $1,401.00
3 OSHA Trench Protection 467 LF $1.00 $467.00
4 4' Diameter M.H. 2 EA $2,500.00 $5,000.00
5 Tie to E~dsting Manhole I EA $1,000.00 $1,000.00
6 Roadvcay Repair 15 SY $45.00 $675.00
SANITARY SEWER SUB-TOTAL:
E. MISCELLANEOUS IMPROVEMENTS:
I Pollution Prevention Measures 1 LS $2,000.00
2 Relocation of Overhead Power Poles 3 EA $3,000.00
MISCELLANEOUS SUB-TOTAL:
/Er- '%',, CO,STR'.,OT,O, COST SUB-TOT,,,._:
,,,~ . ~ "*!
................
t CRAIG B. THOMPSON, !
I" '. ..................... ~ ENGINEERIN6 FEES (7,5%):
,~'"~.. 89496 ..~,,'
{(,~X./CENS~O,.~_~' TOTAL ESTIMATED IMPROVEMENTS COST:
$16,949.00
$2,000.00
$9,000.0O
$11,0O0.00
$177,610.00
$17,761.00
$13,320.75
$208,691.75
EXHIBIT 3
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City o[ Corpus Chdsli ordinance 17112, as amended, requires all pamons or firms seeking to do business with the City to
provide the totlowing information. Every question must be answered. If the question Is not applicable, answer with "NA'.
FIRST NAME: Colson & Colsc~ Construction Co.
STREE/: P.O. BGx 14111
CITY: Sale[t, Cr~.eqon ZIP: 97309
FIRM IS: ::~. Corporatio~2.~....~hip [--~3. Sole Owner [~4. Associa§on [--~5. Off'mr
'~ DISCLOSURE QUESTIONS
If addil~onai spac~ is necessary, please use the reverse side of this page or attach saparale sheet
1. State the names o[ each 'employee" of the City of Corpus Chdsti having an 'ownership Inlerest- cormtltuting 3%
or more of the ownership in the above named 'firm'.
Name Job Title and City Departmem (if know~)
N/A
State the names ol each "olfidal' of the City o~' Corpus ChdsU having an 'ownership interest' constituting 3% or
rnore o[ the ownership in the above named 'firm'.
Name Title
State the names o[ each 'board member" o[ the City of Corpus Christi having an 'ownership interest" constituting
3% or more o[the ownership in the above named "firm".
Name Board, Commission, or Committee
N/A
Stale the names of each employee or ol:fisar of a "consultant' [or the City of Corpus Christi who worked on any
matter re~ated to the subject of this contract and has an 'ownership interest' co~sUtulJng 35 or more of the
ownership in the above named 'firm'.
Name Consultant
N/A
CERTIFICATE
I corlify that all Information provided Is true and correct as of the dale 0¢ this statement, that I have not knowingly withheld
disclosure of any informaUon requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur
(Type or Print) ~
Signature o1' Certi~ng Person: / (~h[.~'---~ ~ Date: l 0 / 7. 7
EXHIBIT 4
12
CITY COUNCIL
AGENDA MEMORANDUM
DATE: Apd119, 2005
AGENDA ITEM: Ordinance authorizing the City Manager, or his designee, to execute a Use
Privilege Agreement with The Pod of Corpus Chdsti ("Owner"), for the dght to install, operate, repair,
replace, and maintain one pdvate 1¼-inch HDPE conduit with fiber optic cable across the Nueces
Bay Boulevard public dght-o[-way for approximately 80-teat and across the Salt Flat Drainage
Outfall right-ol'-way for approximately 90-feet; establishing a tee o[ $ 320.00; and declaring an
emergency.
ISSUE: The Port of Corpus Christi Authority (PCCA) submitted a request to install a private 1%-inch
HDPE conduit with fiber optic cable across city dghts-o[-way to provide service from PCCA facilities
located on Stroman Street to PCCA facililJes located on Suntide Road.
REQUIRED COUNCIL ACTION: City Charter requires City Council approval for use of any portion
o[ public right-of-way for pdvate purposes.
RECOMMENDATION: Staff recommends approval ofthe ordinance as presented.
Attachments:
Exhibit A - Background
Exhibit B - Ordinance
Exhibit C - Site Location Map
B. A. Holly, J~ICP
Director of Development Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
Background and Purpose of Agreement
The Pod of Corpus Chdsti, ("Owner") has requested a Use Privilege Agreement (UPA) [TOm the City
of Corpus Christi to install, operate, repair, replace, and maintain a pdvate 1¼-inch HDPE conduit
with fiber optic cable for approximately 80 linear feet across the Nueces Bay Boulevard public dght-
of-way (ROW), and across the Salt Flat Drainage Outfall right-of-way for approximately 90 linear
feet.
The Port of Corpus Chdsti (PCCA) is installing the private conduit and fiber optic cable to provide
service behveen their PCCA facilibes located on Sb'oman Street to their facilities located at Suntide
Road for a distance of 8.5 miles. The conduit is required to be installed using directional bodng and
maintained at a consistent 8-1:oot depth across the entire 80-feet of Nueces Bay Boulevard public
right-of-way, and an 8-toot depth across the entire 90-feet of the Salt Flat Drainage Outfall right-o[-
way. This depth is necessary to avoid conflict with existing and proposed utilities.
The Port of Corpus Chdsti will own the pdvate 1 ¼-inch HDPE conduit with fiber optic cable, and will
be solely responsible [or all maintenance and removal o[ said cable. An Engineering Permit will be
required for any future repair, replacement, maintenance, and removal of the fiber optic. As-built
conslTuction plans must be submitted to the City upon completion of the fiber optic cable installation,
showing all conduits and fiber optic cable within city rights-of-way.
Permanent type line markers will be placed as close as practical over the conduit on either side of
the Nueces Bay Boulevard public right-of-way and the Salt Flat Drainage Outfall right-of-way, to
indicate the location of the pdvate cable, owned by The Port of Corpus Christi. Line markers must
bear Owner's name and emergency telephone number.
All public and franchised utilities were contacted. City Wastewater Department has an existing 42-
inch effluent line within the Salt Flat Drainage Outfall ROW at the Union Pacific Railroad ROW
intersection, and will be placing an additional effluent line in the future along the east side of the Salt
Flat Drainage Outfall and Levee. None of the other City and private franchised utilities had any
objections, provided the applicant meets the specified conditions set out in the UPA including the
utility separation clearance as stated in "Paragraph I "of the UPA. The applicant has been advised
and concurs with all the conditions o1: the Use Privilege Agreement.
A one-time fee of $ 320.00 is being recommended for the UPA.
EXHIBIT A
FROM: B.A. Holly, AICP, Director of Development Services
DATE: March 30, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: Apd112, 2005
ORDINANCE CAPTION:
Ordinance authod:,ing the City Manager, or his designee, to execute a Use Privilege Agreement with The Port of Corpus
Chdsti ('Owner"), for the dght to install, operate, repair, replace, and maintain one pdvate 1'./,-inch HDPE conduit with fiber
optic cable across the Nueces Bay Boulevard public dght-o[-way for approximately 80-feet and across the Salt Fiat Drainage
Outfall right-of-way [or approximately 90-tee[; establishing a fee o1' $ 320.00 ; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1. That the Port o[ Corpus Chdsti ("Owner') pay the recommecded $320-00 UPAfeeforlhefiberopticcableacmss
Nueces Bay Boulevard and the Salt Flat Drainage Out[all.
2. The Pod or Corpus Chdsfi must directional bore across both the street right-of-way and the drainage outfall right-of-
way and will be responsible [or any damage to wastewaler sewer lines and all other existing utilities within the
consti'ucfion areas.
3. The Port of Corpus Chdsti must have an 8-1'oot minimum depth clearance across the entire 90-1'oot width of the Salt
Flat Drainage Outfall and a 8-foot minimum depIh aoross the entire 80-foot width o[ the Nueces Bay Blvd. public
right-of-way, when installing the pdvate conduit and fiber optic cable.
4. The Port o[ Corpus Chdsti must place and maintain permanent type line markers as close as practical over the
pipelines on either side of the street at each crossing oi' the public street rights-of-way. Markers must contain
labeling identiyng pipeline owner and a broad description of the product transported in the pipeline.
5. That Owner will comply with the required uUlity separation clearance as stated In "Paragraph I "o[ the Use Privilege
Agreement and maintain the minimum horizontal and vertical utility separation requirements as required by TCEQ.
6. Owner must notity City Water, Wastewater, Gas, and Storm Wa[er Depar'm'~nts and all pdvate utility companies, 48
hours prior to any consb'uction work.
7. An Engineering Permit will be required for any [uture maintenance and removal of the pdvate 11/cinch HDPE conduit
and i~ber optic cable.
8. As-built construction plans must be submi[tod to the City upon completion of the fiber optic cable ins[alia[iota, showing
all conduits and fiber optic cable within city rights-of-way.
9. Owner agrees to comply with all lhe specified conditions and provisions as set out in the Use Privilege Agreement.
REQUESTED BY:
B.A. Holly, AI[C , Director of Development Services
DATE: 'Jr-5-C~
APPROVED:
DATE: EXHIBIT B
AN ORDINANCE
AUTHORIZING THE CITY' MANAGER, OR HIS DESIGNEE, TO
EXECUTE A USE PRIVILEGE AGREEMENT WITH THE PORT OF
CORPUS CHRISTI (OWNER) FOR THE RIGHT TO INSTALL,
OPERATE, REPAIR, REPLACE, AND MAINTAIN ONE PRIVATE 1.25-
INCH HDPE CONDUIT WITH FIBER OPTIC CABLE ACROSS THE
NUECES BAY BOULEVARD PUBLIC RIGHT-OF-WAY FOR
APPROXIMATELY 80 FEET AND ACROSS THE SALT FLAT
DRAINAGE OUTFALL RIGHT-OF-WAY FOR APPROXIMATELY 90
FEET; ESTABLISHING A FEE OF $320.00; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager, or his designee, is hereby authorized to execute a
use privilege agreement with The Port of Corpus Chdsti (Owner) for the dght to install,
operate, repair, replace and maintain one private 1.25 inch HDPE conduit with fiber
optic cable across the Nueces Bay Boulevard public right-of-way for approximately 80
feet and across the Salt Flat Drainage Ouffall right-of-way for approximately 90 feet.
SECTION 2. That Owner will comply with the terms and conditions of the use privilege
agreement, a copy of which is on file with the City Secretary, and be subject to the
following conditions as part of lfle use privilege agreement:
1. Owner will pay the fair market value fee of $320.00 for this UPA.
Owner will be solely responsible for all operation, maintenance and removal of
the authorized improvements. An engineering permit will be required for any
future repairs to the improvements within the City right-of-way.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 19th day of Apdl, 2005.
H:~LEG-DlRXJoseph\ORD-upa-Port 1 ,doc
A'I-TEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved 4/,.;/; ,
/ 3 2005
Joseph Hamey
Assistant City Attomey
For City Attomey
H:~LEG-DIRXJoseph\ORD-upa-Port 1 .doc
Corpus Christi, Texas
day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: INVe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:~LEG-DIRLIoseph\ORD-up a-Port I .doc
I
FLINT HILLS PF~OPERTY~
PROJECT LOCATION
~'~ LOCAllON PLAN
m: mm mm
ENGINEERING ~TION
JOB NO.: 1515 ISCALE:AS NOTED IDR:A.
USE
SMITH
CUT "B" __
WEST REAR
RANQj~ LIGH-
I UNION PACIFIC ROW
~UMMERS
JOHN ST
;ELANESE
CORP.
BROADWAY ST.
EXHIBIT C
PRIVILEGE AGREEMENT EXHIBIT
NUECES BAY BLVD.
PCCA FIBER CROSSINGS
IDATE:01/26/O5 ISHEET 2 OF 2
CULVERT CROSSING PLAN
EXISTING
GFL~DE
C~TY R.O.W. (80')
NUECES
AS REQUIRED
GENERAL NOTES
CULVERT CROSSING DETAIL
~ NONE
EXHIBIT C
III1 11
ENGINEERING CO~PO~ATIX)N
USE
JOB NO.: 1.515 ]SCALE:AS NOTED IDR:A SMITH
PRIVILEGE AGREEMENT EXHIBIT
NUECES BAY BLVD.
PCCA FIBER CROSSINGS
I DATE:01/26/05 ISHEE-F 1 OF2
CULVERT CROSSING
PLAN
CITGO O.D.
REF.
C'IJLVERT
90' MIN.
--HDPE CONDUIT
GENERAL NOTES
1. EXC.~VA'I[ ~I~1 EXTREME CAR[ '~THIN EXISTING UTILITY
CULVERT CROSSING OETAJL
PROJECT LO~TU)N I
ARCO TERMINAL
LL~CC-PC
E]]]~] OFFI~7
AVENUE--
UNIT 4
UNIT 1
I I
C.C.I PUBLIIc COMPRESS
U IT5
LOCATION PLAN
ENGINEERIN(; CORPORATION
JOB NO.: 1515 ISCALE:AS NOTED IDR:A. SMITH
1~~ I]]
%
EXHIBIT C
PRIVILEGE AGREEMENT EXHIBIT
SALT FLAT DITCH
PCCA FIBER CROSSINGS
I DATE:01/26/05 ISHE~r 1 OF2
USE PRIVILEGE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF NUECES §
Tha! the City of Corpus Christi, a Texas home rule municipal corporation, acting
through its duly authorized City Manager, George K. Noe, in accordance with Article IX,
Section 1, Corpus Christi City Charter, in consideration of $ 320.00 paid by the Port of
Corpus Christi Authority of Nueces County, Texas, a Texas port authority, ("Owner' or
"Permittee"), of 222 Power Street, Corpus Chdsti, Texas 78401, the receipt or which is
acknowledged, hereby grants, upon the conditions hereinafter stated, unto said Permittee,
a use privilege for the dght to install, operate, repair, replace, and maintain one 1%" HDPE
Conduit with fiber optic cable, approximately 80 linear feet across the Nueces Bay
Boulevard public right--o[-way and approximately 90 linear feet across the Salt Flat
Drainage Outfall, both at an 8-foot depth; here and after known as "Use Privilege
Improvements" within the City o[ Corpus Christi, Nueces County, Texas, as shown on the
attached and incorporated Exhibit A.
TJ~ HAVE AND TO HOLD the same_,~Jn~ Dwner~ts ~successors. and assigns:
together with the dght under these conditions, at any time to enter upon the above
described right-of-way to maintain the Use Privilege Improvements, and it is further
understood that the use privilege is granted subject to Owner's compliance with the
following conditions:
A. This Use Privilege Agreement ("Agreement") may be revoked at any time upon the
giving of 60 days notice in writing by the City of Corpus Chdsti's City Manager, or designee
("City Manager').
B. TO THE EXTENT PERMITTED BY LAW, OWNER, COVENANTS TO FULLY
INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS
OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE
WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT
LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH
CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER; WHICH
ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO
ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE
RIGHT~)F-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION,
USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE USE
PRIVILEGE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY
INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY
Use Privilege Agreemenl Page 1 of 8
Po~l or Co~pus Christi Authofily
NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. OWNER MUST, AT ITS
OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO
THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALI_ ACTIONS BASED ON
ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES,
AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES
OF ANY KIND ARISING FROM ANY OF SAID LIABILI'f'Y, DAMAGE, LOSS. CLAIMS,
DEMANDS, OR ACTIONS.
C. Owner must acquire and maintain commercial general liability insurance pertaining
to the Use Privilege Improvements and the activities related to the Use Privilege
Improvements authorized by this Agreement, in the minimum amounts set forth in the
attached and incorporated Exhibit B. The General Liability policy must name the City as
Additional Insured. Upon City Manager's written request, Owner shall provide copies of all
insurance policies to the City Attomey. Such policies may not be canceled, renewed, or
materially changed without 10 days advance written notice to the City's Director of
Development Services, or designee ('Asst. Director of Development Services").
D. Owner's use of the Use Privilege Improvements must not interfere with City's
construction, operation, repair, replacement, or maintenance of any existing or future
proposedsidewalks~utilityJines, or~4hepuses. If City (or anyother~franchisee~..'t.h u!i!ities
currently located in said rights-of-way) needs access to the rights-of-way, Owner must pay
for removing or relocating the Use Privilege Improvements to allow access to the utility
lines for repair, replacement, or maintenance of the utility lines. The Owner must repair the
Use Privilege Improvements to their odginal condition or remove the Use Privilege
Improvements at which time this Agreement terminates immediately.
E. Owner must not close or barricade a public street, or any portion of the public street,
to install, repair, or maintain the Use Privilege Improvements until the Pen'nittee or his
contractor has filed an approved traffic control plan with City's Traffic Engineering Office.
F. Owner must pay to maintain or repair the Use Privilege Improvements at all times,
regardless of the type of damage that may occur, within 30 calendar days of notice of
damage to Permittee. Failure to do so terminates this Use Privilege Agreement
immediately.
G. Owner must comply with all applicable Federal, State, and local laws and
regulations, as may be amended.
H. Owner must not assign this Agreement without City's pdor written consent,
I. Owner must submit a set of construction drawings with survey controls to the
Director of Development Services for all work proposed for the Improvements located
Use Privilege Agreement Page 2 of 8
Port or Coq:~us ChdslJ Authority
within the City of Corpus Chdsti and its extraterritorial jurisdiction, one month prior to the
start or construction. The plans will tie the centedine of the proposed Improvements to the
centedine of the Use Privilege Improvement Area. Any centedine improvements will also
be tied to the existing utility centedines. The Owner must provide the Director of
Development Services with a complete depth profile, distance, and location of its
Improvements from existing City utilities, other franchised utilities, and other pipelines, that
fall within all affected City dght.-of-way crossings. The Owner is advised that centedine of
proposed Improvements must have a minimum centedine to centedine horizontal distance
as shown in the table below,
Water - 24" TimeWarner - 24"
Wastewater - 24" SBC - 24"
~ 24" AEP - 24"
Storm water - 24" Expedius - 24"
KMC 24"
ICG - 24"
Grande - 24"
Caprock 24"
or, as specified in the Ordinance provisions authorizing this Use Privilege Agreement.
Owner must install, replace, repair, and maintain the Improvements so that no portion of
the conduit will be any shallower than the 8-foot depth from the base of the drainage ditch,
as~ shown on Exhibit "A". The Owner must~Drovide the Dire~t0r ~Develo~pment Servicers
Engineer with a 24"x36" size reproducible set of as-built drawings of the Improvements
within 60 days after completion of construction; failure to do so may result in Owner's Use
Privilege Agreement being forfeited by the City.
J. Owner at least 48 hours prior to beginning work, must give notice and verify depth
and location of all existing City Water, Wastewater, Gas, AEP, SBC, TimeWarner, and
Grande Communications lines, as well as Expedius, KMC, CSW, and CAPROCK,
communication fiber optic cables. Owner must also call the Texas One Call System
(1-800-245-4545), 1.800-DIG-TESS, Lone Star Notification Center (1-800-669-8344), and
SBC (1-800-828-5127) for locations of existing utilities at least 48 hours prior to the start o[
construction. A City Inspector may request a utility line be uncovered to verify its depth or
location.
K. An Engineering Permit will be required, prior to any repair, replacement, or
maintenance of the Improvements. Owner must provide protection at all road crossings or
ditches, and Grantee must identify the method on the construction plans.
L. Owner will place and maintain line markers at the points where such Improvements
enter or leave a public street or drainage right, of-way or other City property and as dose as
practical over the 1¼-inch HDPE conduit and fiber optic cable. Such line markers must be
of permanent type construction bearing Owner's name and emergency telephone number.
use Pdvilelge Agreement Page 3 of 8
Port o[ Corpus Christi Aulhod~y
M. Owner must propedy compact backfill around existing utilities in accordance with the
City of Corpus Christi Standard Specifications, including City Water Distribution System
Standards.
N. If damage occurs to any gas, storm, water or wastewater line, as determined by the
City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and
allowed immediately to make all repairs. All City's costs (labor and materials) associated
with the repairs must be paid by the Permittee within 30 days of City Manager's invoice
thereof. Cib/'s representatives will determine the extent of damage and amount of repairs
to the utility line(s).
O. Work around any existing water main must be done under the inspection of a Water
Division Inspector at a daily rate of $301.31 for each day spent inspecting construction,
maintenance, repair, replacement or relocation of the Use Privilege Improvements
pursuant hereto. A half--day (4 hours) or more of work constitutes a whole working day for
purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or
Holidays, must be calculated at a daily rate of $56.49 an hour. Permi~tee must pay these
funds to the City of Corpus Christi, Water Department. These amounts will be adjusted
annually on August 1 to reflect any pay increase.
P. Owner must take every precaution not to disturb the soil surrounding any existing
water or wastewater line, including all thrust blocks.
Q. A~I underground fiber optic installation will be done by directional bodng. Wet or
slick bore may be approved by the Director if the Owner will provide the Director or
"Designee" sufficient and satisfactory soil analysis information to support the wet bore.
Slreet open-cut will be permitted only by the Director of-Development Services.
R. Damage to driveways, culverts, head walls and any other structure, public or pdvate,
must be repaired by the Owner at his expense within 30 days after being notified of
damage to same.
S. Owner must not store or leave any equipment or matedal in City right, of-way
overnight.
T. Owner must notify Construction Inspection (361-880-3555) 24 hours pdor to starUng
work, and must have a representative present during backfilling and pavement repairs.
U. The Owner must provide proper safety and security devices to prevent possible
injudes or accidents. No open trenches or pits are to be left overnight. All trenches must
be backfilled promptly, the backfill properly compacted, surface restored, and the work
done in a neat and workmanlike manner.
use Privilege Agreement Page 4 of 8
Port or Co~pus ChdslJ Authod['y
V. If this Agreement terminates for any reason, then Owner shall remove all
obstructions and encroachments from the Right.of-way within 60 days of termination.
W. Use o1: the fiber optic cable authorized by this Agreement (the "Fiber Optic Cable") is
strictly limited to serving facilities owned by the Permittee. If Permittee provides, or permits
anyone else (hereinafter called "provider") to provide, service through the Fiber Optic Cable
to any facilities within the City owned by anyone, other than Permittee, to transport data or
communications that originate or terminate within the City, then:
Permittee or the provider shall first obtain a franchise from the City, unless:
a. the provider is a "certificated telecommunications provider," as defined in
Chapter 28:3, Local Government Code; or
b. the provider transmits data or communications which originates or
terminates within the City through a certificated telecommunications
provider; and
c. in either case, all access fees are being paid for access lines under Chapter
283 by the certificated telecommunications provider.
X. Pen'nit'tee shall certify on an annual basis that:
1. Permit'tee is not a certificated telecommunications provider, as defined in
Chapter 283 of the Texas Local Government Code.
2. Permittee does not provide telecommunications services to any customers or
anyone else within the City of Corpus Chdsti.
3. Permittee will not allow the Fiber Optic Cable to be used to transport data or
communications that originate or terminate within the City of Corpus Chdsti
unless, prior to said use, Permit'tee or the entify providing the
telecommunication service obtains a franchise from the City or a certificate of
convenience and necessity, certificate of operating authority, or se~ce provider
certificate of operating authority from the Public Utility Commission of Texas.
4. All of Permittee's customers, including the customers of Permittee's customers,
and all other entities that use the Fiber Optic Cable to transport data or
communications that originate or terminate within the City of Corpus Chdsti: (a)
have obtained a franchise from the City and paid all required fees, including
franchise fees; or (b) are certificated telecommunications providers that provide
telecommunication services to customers within the City of Corpus Christi and
have paid all required fees, including the right-of-way fee established by
Chapter 283 of the Texas Local Government Code for use of the City's rights-
of-way.
5. Permittee has made compliance with this Paragraph X a provision of any
contract between Permittee and any entity that provides data or
Use Pri~e~e Agreement Page 5 of 8
Port of Coq3us Christi Aulhodty
communications to or receives data or communications from the Fiber Optic
Cable within the City of Corpus Christi.
Y. In order for the City to determine whether Permittee and its customers and providers
are in compliance with the requirements o[ Paragraph X of this Agreement, Permittee shall
provide a list of all o[ its customers and providers whose data or other communications
transmissions are switched or connected to the Fiber Optic Cable within the City.
Z. Permittee agrees that if any of Permittee' customers or any providers, including
their customers or providers, use the Fiber Optic Cable to transport data or
communications that originate or terminate within the City of Corpus Christi, for which (1)
the fees required by Chapter 283 of the Texas Local Government Code for use of the City's
rights--ol~-way have not been paid, or (2) a franchise was not obtained and the franchise
fees required by the City's charter or ordinance have not been paid, then Permittee shall
reimburse the City o[ Corpus Christi for any lost right--of-way fees or franchise fees.
AA. Notwithstanding anything to the contrary contained in Paragraphs W, X, Y, and
Z, the Owner may use the Fiber Optic Cable installed under this Agreement to send
video surveillance signals from various Port Industries located within the Pod of Corpus
_ CJ3~stJ InnP-r~or PoI'J Related Disb'icLbackthe Owne["s~Secl. l~ ~Q[er foL
monitoring (the "Permitted Use"). Furthermore, the City agrees that (1) the Permitted
Use is not a telecommunications service and does not constitute the transpod, ation or
transmission of data or communications for purposes of Paragraphs W, X, Y, and Z,
and (2) the Port Industries referred to in the preceding sentence are not customers or
providers of the Owner for purposes of Paragraphs W, X, Y, and Z.
NOTE: All references herein to Owner include Owner's contractor(s), agent(s), and
employee(s) if applicable.
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents
to be executed on this the __ day of ,2005.
AFl'EST:
City Secretary
CITY OF CORPUS CHRISTI
By:
George K. Noe, City Manager
use Privilege Agreement Page 6 of 8
APPROVED:
,/~"" day of /'¢-/~-/' ,2005
By: i~rne/As~, t
Joseph y, ant City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2005,
by George K. Noe, City Manager of the City of Corpus Christi, a Texas Municipal
Corporation, on behalf of said corporation.
Notary Public, State of Texas
The above and foregoing USE PRIVILEGE AGREEMENT is accepted this the
__ day of ,2005, by the Executive Director of the Port of Corpus Christi
Authority of Nueces County, Texas, the Permittee herein, and Permittee agrees to keep
and perform the conditions imposed by said Agreement and the Permittee is bound by all
of the terms of the same.
Port of Corpus Christi Authority
Name: John P. LaRue
Title: Executive Director
Use Privilege Agreer~ent Page 7 of 8
Port of Co~:~JS ChrislJ Authority
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on ~/'~l 1'~ , 2005, by
John P. LaRue, Executive Director of the Port of C~rpus Christi Authority of Nueces
County, Texas, a Texas port authority, on behalf ~aid authod%
~ ......... ~ Not~,~lic, St;te'ot Texa
Printed Name: ~P..~:-~/
Expiration Date: ~ J~. ~/ ,.-~.O0~'
Use Pd~41ege Agreement
Port of Corpus Chdst~ A~tbority
Page 8 of 8
IFLINT HILLS PROPERTT
PROJECT LOCATION
NESOIJR
CORP.
CUT
WEST REAR
RANGE LIGH
SUMMERS ST
JOHN ST
I
I CITGO PROPERS'i
IUNION PACIFIC ROW 1
*"~ LOCATION PLAN
EXHIBIT A
I llhll
ENGINEERING CORPORA~ON
USE
JOB NO,: 1515 ISCALE: AS NOTED IDR:A. SMITH
PRIVILEGE AGREEMENT EXHIBIT
NUECES BAY BLVD.
PCCA FIBER CROSSINGS
IDATE:01/26/05 ISHEET 2 OF 2
IFUNT HILLS PROPERTY
PROJECT LOCATION
~ESOUR~
I CITGO
PROPERTY1
CORP
OUT "B"__
~< WEST REAR
Ilea RANGE LIGH'
W. BROAI
gUMMERS ST
JOHN ST l--
UNION PACIFIC
~'~ LOCATION PLAN
EXHIBIT A
ST.
EN~NEER~NC CORPORA'lION
JOB NO.: 1515 ISCALE:AS NOTED IDR:A.
USE
SMITH
PRIVILEGE AGREEMENT EXHIBIT
NUECES BAY BLVD.
PCCA FIBER CROSSINGS
IDATE:01/26/05 IBHEET 2 OF 2
CULVERT CROSSING PLAN
Cl~ R.O.W. (~o')
AS REQUIREO
GENERAL NOTES
CULVERT CROSSING DETNL
EXHIBIT A
m,.mhmm
ENGINEERING CORPORATION
USE
JOB NO.: 1515 [SCALE: AS NOTED ]DR:A. SMITH
PRIVILEGE AGREEMENT EXHIBIT
NUECES BAY BLVD.
PCCA FIBER CROSSINGS
I DATE:01/26/05 [SHEET 1 OF2
EXitlBIT B
INSURANCE REQUIREMENTS
PERMITTEE'S LIABILITY INSURANCE
Permittee must not commence work under this agreement until all insurance required herein has been
obtained and such insurance has been approved by the City. Permittee must not allow any
subcontractor to commence work until all similar insurance required of the subcontractor has been
obtained.
Permittee must famish to the City's Risk Manager, two (2) copies of Certificates of Insurance,
showing the following minimum coverage by insurance company(s) acceptable to the City's Risk
Manager. The City must be named as an additional insured for the General Liability policy and a
blanket waiver of subrogation is required on all applicable policies.
TYPE OF INSURANCE
10-Day Notice of Cancellation and · 30 - day notice of
Non-renewal, Material Change or Termination required
on all certificates
~ormnercial General Liability including:
1. Commercial Form
2. Premises - Operations
3. Under grol.md H a%ard
4. Products/Completed Operations Hazard
5. Contractual Liability
6. Broad Form Properly Damage
7. Independent Contractors
AUTOMOBILE LIABILITY4WNED, NON-OWNED
OR RENTED
WORKERS' COMPENSATION
EMPLOYERS' LIABILITY
MINIMUM FNSUR. ANCE COVERAGE
Bodily Injury and Properly Damage
Per occun-ence aggregate
$1,0~000 COMBINED SINGLE LIMIr
$1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THI5 TEXAS WORKERS'
COMPENSATION ACT AND PAILAGRAPH II OF THIS
EXItlBIT
$50~,000
C. In the event of accidents of any kind, Permitlee must famish the Risk Manager with copies of all
reports of such accidents at the same time that the reports are forwarded to any other interestedpart~es.
Use Privilege Agreemen!
The Port of Corpus Christi.
I1. ADDITIONAL REQUIREMENTS
Permittee must obtain workers' compensation coverage through a licensed insurance company in
accordance with Texas law. The contract for coverage must be written on a policy and endorsements
approved by the Texas Department of Insurance. Workers' compensation coverage must be in amounts
sufficient to assure that all workers' compensation obligations incurred by Permittee are promptlymet.
Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the General liability
coverage and a blanket waiver of subrogation is required on ali applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause (bottom right)
must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the
words, "endeavor to", and deleting the wording after "left".
The name of the project must be listed under "Description of Operations".
At a minimum, a 30-day written notice of material change, non-renewal or termination and a 10-day
written notice of cancellation is required.
If the Certificate of Insurance on its face does not show the existence of the coverage required byitems
I_B (1)-(7)~ an authorized representaiiveofthe insurance compaffy must incqude a fetter specifically
stating whether items I.B. (1)-(7) are included or excluded.
Use Privilege Agreemenl
The Port of Corpus Chris'fi.
ACORD.
Clrliele Insurance Agency,
Corpus Christi Office
500 N Mater, Suite ~00
Corpus Christi TX 78471
Phone: 361-884-2775 F~361-884-$470
~$URED
CERTIFICATE OF LIABILITY INSURANCE ,oRe-1. o3/= /o5
HOLDER_ Ti-ES CERTIFK;ATE DOES NOT .M~E~ID, E.KI--r. ND Off
Port of Corl~us C~risti
Attn= Davi~ Solis
P 0 BOX1541
Corpus C~risti TX 70403
COVERAGES
11/15/0% 10/01/05
E,~CH OC C U~'~,:~C~ ~ 20000000
c,~w=~. ,~EC.',TE m 20000000
with · waiver of subrogation in reference ~o contr&cted Job (inekm11·tion o~
fiber-optic cable which will be crossin9 under two city street easementB).
CERTD=]CATE HOLDER
City of Corpus Christi
P O Box 9277
Corpus ChrisCi T][ 78469-9277
ACORD 25
ClTYO01
EXHIBIT B
IMPORTANT
If th~ certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endo~. A statement
on bhis certJficate does not co~fer ngh;s to the certificate holder in lieu of such endomernent~s).
Ii' SUBROGATION IS WAIVED, subject to ~ terms and conditJcms of the policy, certain policies may
require an endomement. A statement on this cer~cate does ~t ocml'e~ ~hts to ~he certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Cer~rma[e of Insurance on ~ reverse side oi' this form does not constitute a co~lTact betwe~=m
the issuing insurer(s), authorized representative or producer, and the cerlificate holder, nor does it
affirmatively or negatively amend, extend er alter ~ coverage afforded by the potic~es listed thereon_
ACORD 2S
EXHIBIT B
Certificate of Coverage
This is to certify that the coverages listed below has been provided to the member and is in effect at this time.
Notwithstanding any requirements, terms or conditions of any other contract of agreement with respect to which this
certificate may be issued or may pertain, the coverage afforded by the Texas Municipal League Intergovernmental
Risk Pool (TML-IKP) described herein is subject only to the terms, exclusions and additions of such TML-IRP's
coverage contracts and between TML-IRP and its member(s). Coverage is continuous until canceled.
TML-IRP Contract Number: 8732
Member:
Port of Corpus Christi Au thority
Attn: Mr. David Solis
Manager, Risk Management
P.O. Box 1541
Corpus Christi, Texas 78403
Company
Affording
Coverage:
Texas Municipal League
Intergovernmental Risk Pool
PO Box 149194
Austin, TX 78714-9194
(512)491-2300 or (800) 537-6655
Fax (512) 491-2404
WORKERS' COMPENSATION
Limits of Liability : Statutory Effective Date : 1/1/05
Anniversary Date : 1/1/06
DESCRIPTION
RE: Evidence of coverage ~ respects to contracted job (installation of fiber-optic cable which w/Il be crossing under two
City street easements).
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML-I]LP will
endeavor to mail )~Q days notice to the below named certificate holder, but failure to mail such notice shall impose no
obligation or liability of any kind upon TML-BLP.
Date Issued: 3/28/05
Authorized Representative:
Certificate Holder:
City of Corpus Cttristi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
EXHIBIT B
EMPLOYERS' LIABILITY
This endorsement forms a part of the Declarations to which attached, cffective on the
inception date of the coveragc unless othcrwisc stated herein, and modifies such
coverage as is afforded by the provisions of the coverage shown below:
WORKERS' COMPENSATION
Entity Name
Entity ID
Effective Date
:Port of Corpus Christi Authority
:8732
:3/28/05
Wh/le the Fund does not believe that the City or other governmental entity can be held liable for
exemplary or punitive damages in a work-related death case and by this endorsement does not waive any
defense of governmental immunity to be so asserted; the Fund does agree to defend the Member against
such claims and should the highest Court in this state decide that governrnental entities such as the
~mqaloyer-member are liable for exemplary or punitive damages in a work-related death case, the Fund
will pay all monetary damages the Member shall become legally obligated to pay, but not to exceed:
$500,000
TEXAS MUNICI]?AL LEAGUE INTERGOVERNMENTAL RISK POOL
EXHIBIT B
Ell!
05/20/02
Cerlificate of Coverage
This is to certify that the coverages listed below have been provided to the member and are in effect at this time.
Notwithstanding any requirements, terms or conditions of any other contract agreement with respect to which this
certificate may be issued or may pertain, the coverage afforded by the Texas Municipal League IR.P (TML-IItI)
described herein is subject only to the terms, exclusions and additions of TML-IRP's coverage contracts between
TML-IRP and its member(s). Coverage is continuous until canceled.
~ IRP Contract Number: 8732
Member
Port of Corpus Christi Authority
Attn: Mr. David Solis
Manager, Risk Management
P.O. Box 1541
Corpus Christi, Texas 78403
Company
Affording
Coverage:
Texas Municipal League
Intergovernmental Risk Pool
PO Box 149194
Austin, Texas 78714-9194
(512) 491-2300 or (800) 537-6655
Fax (512) 491-2404
AUTOMOBILE LIABILITY
Limits of Liability
Deductible Per Occurrence
$10,000,000 Each Occurrence
$ 0 Effective Date
Anniversary Date
AUTO PHYSICAL DAMAGE
Limits of Liabtl!ty
Collision Deductible
Comprehensive Deductible
(RE: Evidence of coverage
job (installation of fiber-
crossing under two City
ACV or Agreed Value as indicated
$
$
Effective Date
Anniversary Date
MODELrlWPE [ VIN
as respects to contracted
optic cable which will be
sweet easements).
10/1/04
10/1/05
VALUE
LOAN NUMBER
Cancellation: Should any of the above described coverages be canceled before the anniversary date thereof, TML-IRP
will endeavor to mail 3~0 days written notice to the below named certificate holder, but failure to mail such notice shall
impose no obligation or liability of any kind upon TML-1RP.
Date Issued: 3/28/05 Authorized Representative:
Certificate Holder:
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78469-9277
Loss Payee
EXHIBIT B
ADDITIONAL COVERED PARTY - OTHER GOVERNMENTAL ENTITY
LIMITED TO ACTIVITIES OF THE FUND MEMBER
This endorsement forms a part of the Declarations to which attached, effective
on the inception date of the coverage unless otherwise stated herein, and
modifies such coverage as is afforded by the provisions of the coverages shown
below:
GENERAL LIABILITY
AUTOMOBILE LIABILITY
LAW ENFORCEMENT LIABILITY
ERRORS & OMISSIONS LIABILITY
Entity Name :Port of Corpus Christi Authority
Entity ID :8732
Effective Date :3/28/05
It is agreed that the "Covered Par~ies" provisions of the coverages listed above are amended to
include as a covered party the governmental entity named below, but only with respect to the
liability arising out of activities of the Fund Member. Such coverage shall not exceed the limil~
of coverage as set forth in the Declarations.
Governmental Entity: City of Corpus Christi
Address: P.O. Box 9277
City, Stme & Zip Code: Corpus Christi, Texas 78469-9277
Description
As respects to contracted job (installation of fiber-optic cable which will be crossing under two
City street easements).
TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL EXHIBIT 13
EL253
07/22/02
13
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: _ April 19, 2005
AGENDA ITEM: AMENDING SECTION 55-151, CODE OF ORDINANCES, CITY OF COPRUS
CHRISTI, REGARDING THE CITY'S WATER CONSERVATION AND DROUGHT
CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
ISSUE: Amendment to the Texas Administrative Code Title 30, Chapter 288 rules relating to Water
Conservation Plans, Drought Contingency Plans, and Guidelines and Requirements and requiring City to
submit a revised Water Conservation and Drought Management Plan by May 1, 2005.
REQUIRED COUNCIL ACTION: Ordinance approval.
PREVIOUS COUNCIL ACTION: Approval of City Ordinance 023740 - Water Conservation and Dn:~ght
Contingency Plan, August 1999 and City Ordinance 24396, adopted March 20, 2001 amended Article XII.
Water Conservation.
CONCLUSION AND RECOMbtENDATION: Staffrecommends Council approval_
Edu~rdo Gamlla, P E, Water irector
Attachments:
BACKGROUND INFORMATION
SUBJECT: Amending the City's Water Conservation and Drought Contingency Plan
An amendment to the Texas Administrative Code Title 30, Chapter 288 rules relating to Water
Conservation Plans, Drought Contingency Plans, and Guidelines and Requirements were approved
by the Texas Commission on Environmental Quality (TCEQ) on October 7, 2004_
The Water Depaxtment has a long commitment to promoting water conservation in the community;
and we have utilized our past involvement to account for future water conservation measures. In
keeping with that tradition, and to ensure that future generations will have adequate water supplies,
the City will promote water conservation as an alternative water supply. In order to reduce per capita
demand over the next several decades, the City embarked on a water conservation program designed
to educate citizens on the benefits of efficiency, and to provide incentives for reduced water use
through changes in behavior and installation of water saving devices.
Chapter 288 rules require that the City identify specific conservation goals and set five and ten year
targets for water savings. The recommended goals include reducing summertime peak pumping and
reduce overall pex capita consumption by one percent per year from the City's consumption of 259
gallons per capita per day (gped) in 1988 to 200 gpcd by 2014. The City's actual gpcd for 2004 was
218 gpcd_ The mtluction in per capita consumption is a result of a combination of conservation
efforts, including public education and restrictions on outdoor water use that will be implemented as
part of the City Water Conservation Plan_ The City will aim to carefully balance revenue needs and
conservation programming to ensure that the system is fiscally sound.
The Water Conservation Plan also addresses ten Best Management Practices (BMPs) to improve
water use efficiency They include system water audit and water loss, metering of all connections;
promoting water conservation pricing; prohibition of wasting water; distribution of public
information and school education programs; promoting water-wise landscape design and conversion
program; promote City park conservation; and reuse of reclaimed water_
City's existing Drought Contingency Plan meets Chapter 288 roles; therefore no changes are
required_ The Water Conservation Plan must be submitted to TCEQ by May 1, 2005_ A copy of the
plan was submitted to the Regional Water Planning Group for their comment.
AN ORDINANCE
AMENDING SECTION 5~151, CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, REGARDING THE CITY'S WATER
CONSERVATION AND DROUGHT CONTINGENCY PLAN;PROVIDING
FOR SEVERANCE;AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 55-151 is revised to read as follows:
Sec. 55-151. Water conservation and drought contingency plan.
(a) The City of Corpus Chdsti Water Conservation and Drought Contingency Plan 2005,
for Corpuc Christi, dated ^uguct 24, 1000, Apdl 26. 2005, a true copy of which is on file
in the office of the city secretary, is adopted, and shall be followed in matters concerning
water conservation, drought management, and water supply enhancement programs.
(b) The city manager sh=!! may pursue a water well leasing program to obtain
groundwater to supplement surface supplies, as economically feasible.
SECTION 2 If for any reason any section, paragraph, subdivision, clause, phrase, w~rd
or provision of this ordinance shall be held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of this City Council that every section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance be given full force and effect for its purpose.
SECTION 3 Publication shall be made in the official publication of the City of Corpus
Chdsti as required by the City Charter of the City of Corpus Chdsti.
R53803A1 DOC
Henry Garre~t
Brent Chesney
Melody Cooper
Jerry Garda
Bill Kelly
That the foregoing ordinance was read for the flint time and passed to its second
reading on this the day of ,2005, by the following vote:
Rex A_ Kinnison
John Mamz
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the day of ,2005 by the following vote:
Henry Gan'eft
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
PASSED AND APPROVED, this the
ATTEST:
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
__ day of
,2005.
Armando Chapa
Ci~ Secretary
APPROVED: 13~ day of April, 2005:
Henry Garrett
Mayor, The City of Corpus Chdsti
For City Attomey
2
R53803A1 .DOC
14
CITY COUNCIL
AGENDA MEMORANDUM
April 19, 2004
AGENDA ITEM: An ordinance authorizing the City Manager to execute Amendment No. 1 to
Deed and Water Contract between the City of Three Rivers, Texas and the City of Corpus Christi.
ISSUE: The City of Three Rivers desires to divert water out of the Choke Canyon Reservoir. The
1984 water supply agreement prohibits the diversion without the consent of the City. The City has no
objection to Three Rivers diverting out of the reservoir. At the same time, Corpus Christi desired to
remove itself from the obligation and cost of maintaining the Campbellton Wells for the benefit of
Three Rivers in the time of drought. Three Rivers has no objections to deleting the City's obligation,
at a cost savings to the Corpus Christi water system.
BACKGROUND: In 1984, the City of Corpus Christi ("City") entered into a ~vater supply contract
w/th the City of Three Rivers that had the additional purpose of selling Three Rivers a two percent
interest in Choke Canyon Reservoir for $10 million. The $10 million was money Three Rivers
planned to use to construct a dam and significant reservoir on the Frio River in the vicinity of Tkree
Rivers, below Choke Canyon. The proposed location of the darn was a major concern to Corpus
Christi. The two percent sale resulted in an abandonment of the reservoir proposal.
As a result of entering into the water supply contract, the City acquired a firm friend in the City of
Three Rivers. Every meeting of organizations such as the Nueces Estuary Advisory Committee
where the City would hope and need supporters, Three Rivers has been there. Indeed, when the
Nueces Bay needs were being considered and the Railroad Commission made the City a complainant
against discharges into the Bay, Three Rivers immediately entered the fray on the City's side and
through the mutual efforts, the two cities caused all discharges to be terminated.
Over the past 20 years, Three Rivers has looked at its diversion system out of the Frio River. Three
Rivers has continually experienced treatment problems caused by when the Atascosa River would go
on a rise and discharge into the Frio, bringing with the discharge significant amounts of sand and
mud. Removal of the sand and mud causes treatment costs to soar. For this reason, Three Rivers
developed an interest in locating its diversion point in Choke Canyon Reservoir itself.
The 1984 water supply contract prohibited Three Rivers from diverting out of the reservoir, without
the consent of the City. The City has no objection to Three Rivers diverting out of the reservoir and
requested Tim Brow'n, the City of Corpus Christi's water fights attorney, to negotiate with Three
Rivers' attorney, Harry Schulz, to accommodate Three Rivers' needs. At the same time, Corpus
Christi desired to remove itself from the obligation and cost of maintaining the Campbellton Wells
for the benefit of Three Rivers in the time of drought. Three Rivers has no objections to deleting the
City's obligation, at a cost savings to the Corpus Christi water system.
The 1984 contract was reviewed and only those portions concerning diversions out of Choke Canyon
and the Campbellton Wells were amended. No other part of the contract, such as the amount the
City is to supply or the price to be paid, is disturbed. Consequently, simply stated, Three Rivers will
be allowed to have a diversion point in Choke Canyon Reservoir. Corpus Christi will no longer have
the obligation to supply Three Rivers water in times of drought conditions from the Campbellton
Wells and, by mterlocal cooperation agreement, the Campbellton Wells are conveyed to Three
Rivers for that city's use. As a result, Corpus Christi avoids the costly maintenance and upkeep of
the Campbellton Wells.
RECOMMENDATION: I recommend that the City Council approve the ordinance authorizing the
amendments.
Eduardo Garafia, P.E_
Director, Water Department
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 1 TO DEED AND WATER CONTRACT BETWEEN THE CITY OF
THREE RIVERS, TEXAS AND THE cI'rY OF CORPUS CHRISTI,
TEXAS.
BElT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager is authorized to execute Amendment No. I to Deed and
Water Contract between the City of Three Rivers, Texas and the City of Corpus Christi,
Texas.
R53802A1 .DOC
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of ,2005, by the following vote:
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on this
the __ day of
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
PASSED AND APPROVED, this the
A'I-rEST:
,2005 by the following vote:
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
__ day of
,2005.
Armando Chapa
City Sec~tary
APPROVED: 13th day of April, 2005:
Henry Garrett
Mayor, The City of Corpus Christi
2
R. Jay Reining
First Assistant City Attorney
For C~ Attorney
R5380ZAI DOC
AMENDMENT NO. 1 TO
DEED AND WATER CONTRACT BETWEEN
THE CITY OF THREE RIVERS, TEXAS
AND
THE CITY OF CORPUS CHRISTI, TEXAS
WHEREAS, on December 3, 1984, the Cities of Three Rivers, Texas, and Corpus Christi,
Texas, signed the "Deed and Water Contract Between the City of Three Rivers, Texas and the City
of Corpus Christi, Texas," which document is recorded at Volume 379, page 191, of the Deed
Records of Live Oak County, Texas, and at File No. 409412 of the records of Nueces County, Texas,
and is identified therein as the "Contract;" and,
WHEREAS, the City of Three Rivers, hereafter "Three Rivers," has determined that its water
system would be facilitated by moving its point of diversion to Choke Canyon Reservoir and the City
of Corpus Christi, hereafter "Corpus Christi," has determined that ~t no longer wished to operate the
Campbellton Wells; and,
WHEREAS, to accomplish and bring about such changes, Three Rivers and Corpus Christi
have determined that it would be mutually desirable and prudent to amend the 1984 Deed and Water
Contract Between the City of Three Rivers, Texas and the City of Corpus Christi, Texas; and,
WHEREAS, Three Rivers and Corpus Christi desire to amend numbered paragraphs 2, 3, 6
of the Contract, all other parts of the Contract remaining unchanged and intact;
NOW, THEREFORE, tiffs Amendment No. 1, this day made and entered into by and between
Corpus Christi, acting herein by and through its duly authorized officers, and Three Rivers, acting by
and through its duly authorized officers:
WITNESSETH:
Section 1. It is agreed that Section 2 of the Contract that Thxee Rivers, for the consideration
stated in the Contract, shall forever have the right, without the payment hereafter of any additional
compensation, to withdraw water from Choke Canyon Reservoix or from the Frio River at the rote of
three million (3,000,000) gallons per day to be used for municipal, commercial and industrial
purposes. The withdrawals shall be made by Three Rivers at a point on Choke Canyon Reservoir
located S 42° 44' 55" W, 6579.45 feet from the northwest comer of the Thomas Henry League,
Abstract No. 14, Live Oak County, Texas, or at Three Rivers' existing diversion facilities located
below the Choke Canyon Reservoir Dam, provided, however, that Three Rivers shall not use both
diversion points simultaneously and Three Rivers shall notify Corpus Christi when it commences
using one diversion point or the other diversion point. Corpus Christi agrees to amend Certificate of
Adjudication No. 21-3414, at Three Rivers' expense, to acquire an authorized point of diversion and
diversion rate from Choke Canyon Reservoir for Three Rivers. Any withdrawals of water by the
Page 1 of 7
City of Three Rivers in an amount greater than three million (3,000,000) gallons a day, based upon
an average of daily withdrawals over an annual one (1) year period (the annual one year (1) year
period as used herein being from January I to December 31 of each year), shall be paid for by the
City of ~xee Rivers to the City of Corpus Christt at a price rate per thousand gallons as set forth in
Section 7 below. Notwithstanding the other terms and prowsions of this agreement, it is agreed,
however that Three Rivers shall not have, without the prior written consent of Corpus Christi, the
fight to withdraw more than 5,000,000 gallons of water on any single day.
The right to any volumes of water authorized by the agreement to be withdrawn by Three
Rivers but not withdrawn by Three Rivers at its facilities located on the Fno River, when Three
Rivers has notified Corpus Christi it will divert from those facilities, as the water flows by such
facilities shall pass to and vest in Corpus Christi. For those times when Three Rivers does not desire
to utilize the current existing point of diversion in the Frio River, Three Rivers will then join Corpus
Christi in seeking authority from the Texas Commission on Environmental Quality to amend
Certificate of Adjudication No. 21-3414 so as to reduce releases from Choke Canyon Reservoir in
quantities equal to what Three Rivers is then diverting from Choke Canyon Reservoir.
Section 2. It is agreed that Section 3 of the Contract is deleted in its entirety and, in its stead,
the following is hereby denominated a new Section 3, which reads as follows:
Section 3. Three Rivers and Corpus Christi agree that when, due to drought conditions, there
is insufficient water in the Frio River to satisfy the requirements of Three Rivers, either because of
the absence of sufficient natural flow water from the Atascosa River and the Frio River, the absence
of water in Choke Canyon Reservoir capable of being diverted or released, or a combination of the
above conditions, Corpus Christi shall have no obligation to furnish water to Three Rivers from
wells, known as the Campbellton Wells, located on or near the Frio and/or Ataseosa Rivers situated
above Three Rivers.
Pursuant to Texas Government Code, Section 791.001, et seq., the Interlocal Cooperation
Act, Corpus Christi and Three Rivers agree that the providing of water from the Campbellton Wells
to Three Rivers is a governmental function that either of the parties to this agreement are authorized
to perform, For the term of this agreement and the Contract, the Campbellton Wells are hereby
transferred to Three Rivers by Corpus Christi for Three Rivers' opeiat~on, control, management, and
use as Three Rivers determines is appropriate, together with the right of Three Rivers to use, repair,
and replace any and all piping, equipment, and fixtures assocmted with such wells, and also together
with the right of Three Rivers to occupy and use, in connection with the operation, control,
management and use of such wells, any and all easements, property, and property fights, both real
and personal, owned by Corpus Christi in connection with its ownership of such four (4) wells. The
purpose of this interlocal agreement is to transfer to, and allow, Three Ravers the fight to operate,
control, manage, and use the four (4) Campbellton Wells and all of each of the four (4) well's related
piping, equipment, fixtures, and other related and associated property, both real and personal, as
Three Rivers determines is in the best interest of its citizens. Corpus Christi agrees to cooperate with
Three Rivers to enable Three Rivers transport the water Three Rivers agrees to make no claim or
Page 2 of 7
demand on Corpus Christi as a result of the Campbellton Wells or Three Rivers' operanons, comrol,
management and uses of the wells, and Three Rivers will hold Corpus Cltristi harmless from any
clahn or demand by any person, individual or corporate, resulting from Three Rivers operation,
control, management, use, and maintenance of the wells.
The Campbell ton Wells are four in number, being the following described four (4) wells have
the following described GPS latitude and longitude locations, to-wit: (1) the Clybum Well, located at
N 28° 46' 16.2", W 098° 18' 26.1"; (2) the Rodriguez Well, located atb128° 45' 14.3", W 098° 18'
11.4"; (3) the City Well, located at N 28 ° 44' 47.1", W 098° 18' 22 2"; and, (4) the Bruner Well,
located at N 28° 43' 55.8", W 098° 18' 00.6". Three Rivers and Corpus Christi agree that the
benefits gained and responsibilities avoided by each of the parties fairly compensates each of the
parties for the services or functions performed under this agreement.
Section 3. It is agreed that Section 6 of the Contract is amended to read as follows:
Section 6. Indemnity. Three Rivers will indemnify Corpus Christi for any hability which
might accrue because of facilities constructed by Three Rivers at its diversion facility, whether
located within Choke Canyon Reservoir, the existing channel dam or their replacements, or on land
or right-of-way owned by Corpus Christi, and Three Rivers assumes all responsibility for adequately
mainlaining and safeguarding such facilities. This provision is for the protection of Corpus Christi
and Three Rivers and is not for the benefit of third parties.
Section 4. Authority to Execute - In order to make this Amendment to the Contract fully
binding, each of the parties has been duly authorized hereunto and in the execution hereof by proper
ordinance or resolution of the respec tire governing body and certified copies furnished by each party
to the other party for attachment hereto. It is agreed and understood that a copy of this Amendment
No, I shall be recorded in the Deed Records of Live Oak County, Texas, and in the Deed Records of
Nueces County, Texas, for the purposes of can3nng into effect the provisions set forth in this
agreement. Also, this Amendment No. 1 shall be submitted to the Nueces River Authority for its
concurrence_
Section 5. All Am-cements Contained in this Written Instrument- It is agreed by the parties
hereto that this instrument contains in writing all of the agreements between the parties hereto and
that nothing (except those things required by law) not incorporated herein or by reference shall be
binding on the parties.
IN WITNESS WHEREOF, the parties hereto cause this Amendment No 1 to be executed in
several counterparts, each copy of which so executed shall be considered as an original, by their
respective duly authorized representatives, this Amendment No. 1 to be effective as to each entity as
of the date each entity, as set forth below, shall execute this Amendment No. I to the Deed and
Contract between the City of Three Rivers, Texas, and the City of Corpus Christi, Texas.
Page 3 of 7
Executed by the City of Corpus Christi, Texas, on this the day of
2OO
CITY OF CORPUS CHRISTI, TEXAS
By:
City Manager
AWl'EST:
City Secretary of Corpus Christi
APPROV/~D AS TO LEGAL FORM THIS
THE /3~' DAYOF ,~,~,/ 200~.
7
Executed by the City of Three Rivers, Texas, on this the ~/~ ~'& day of December 2004_
CITY OF THREE RIVERS, TEXAS
Mayor
ATI'EST:
City Secre~try of Three Rivers
Page 4 of 7
APPROVEJ~/AS TO LEGAL FORM THIS
THE _~¢~AY OF DECEMBER, 2004.
The Nueces River Authority, being a part owner of the Choke Canyon Reservoir, hereby
consents and approves the above Amendment No. I to the Deed and Contract between the City of
Three Rivers, Texas, and the City of Corpus Christi, Texas.
Executed by the Nueces River Authority, on th/s the c'~ r'::]- day of December, 2004.
A1TEST:
NUECES RIVER AUTHORITY
Executive Director
Secretary-Treasurer
The Three Rivers Water District hereby consents and approves the above Amendment No_ 1
to the Deed and Contract between the City of Three l~vers, Texas, and the City of Corpus Christi,
Executed by the Three Rivers Water District, on this the /7 day of December, 2004
Three Rivers Water District
Page 5 of 7
By:
Prcsident
ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on this the- day of
2004, by George K. Noe, City Manager for the City of Corpus Christi, Texas, in the capacity therein
stated, on behalf of the City of Corpus Christi, Texas.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF LIVE OAK §
Thts instrument was acknowledged before me on this the,.~O :/:tday of ~
2004, by Felipe Martmez, Mayor of the City of Three Rivers, Texas, tn the capacity therein slated, on
behalf of the City of Three Rivers, Texas.
Notary Public, State of Texas
Page 6 of 7
THE STATE OF TEXAS
COUNTY OF UVALDE §
This instrument was acknowledged before me on this the ~ ~day of
2004, by Con Mires, Executive Director for the Nueces River Authority, in the capacity therein
stated, on behalf of the Nueces River Authority.
Notary Public, State of Texas
THE STATE OF TEXAS
COUNTY OF LIVE OAK §
~s i~nen, w~ ac~owledged ~fore me on ~s ~e/'72~a~y o~/~ ~a ~
2004, by M. R. Forehand, President of the Three Rivers Water District, in the capacity therein stated,
on behalf of the Three Rivem Water District.
Notary Public, State of Texas
Page 7 of 7
15
CITY COUNCIL
AGENDA MEMORANDUM
City Council Hearing Date: April 19, 2005
AGENDA ITEM:
(a) Public hearing on request for a variance to operate an establishment with on-premise
consumption of alcoholic beverages.
(b) Resolution granting a vahance, under Section 4-5(F) of the Code of Ordinances to Passport
Seafood Corporation to operate an on-premise alcoholic beverage establishment located at 5702
South Staples Street, Suite #E6.
ISSUE: Passport Seafood Corporation is requesting a variance to allow the on-premises
consumption of alcoholic beverages at Casa De Santiago's, formerly Santiago's Caf6. The
restaurant establishment is located within 300 feet ofa daycare center. The previous owners
were granted a variance for on-premise consumption. State Law allows a City to prohibit any
person from maintaining a business for the dispensing and sale for on-premise consumption of
alcoholic beverages within 300 feet of a daycare center unless City Council has approved a
variance to the distance requirement.
PREVIOUS COUNCIL ACTION: On December 16, 2003, the City Council approved an
amendment to Section 4-5 of the Code of Ordinances establishing a variance procedure for
operators of establishments desiring to dispense or sell alcoholic beverages for on-premise
consumption that are located within 300 feet of a church, childcare facility, daycare center,
public hospital or public or private school.
On June 29, 2004, City Council granted a variance to the distance requirement, under Section
4-5 (F) of the Code of Ordinances, to Mirma Elodia Pietsch and Gilberto Gonzalez, Jr., former
owners of Santiago's Caf6, to operate an on-premises alcoholic beverage establishment located
within 300 feet of a daycare center.
REQUESTED COUNCIL ACTION: Approval of Resolution
FUNDING: None.
RECOMMENDATION: Approval
Michael N. Gun.rdng, AICP
Assistant Director,
Development Services Department
Agenda Memorandum
Case No. TABC2005-01 (Casa De Santiago's)
Page 2
BACKGROUND INFORMATION
Casa de Santiago's restaurant is at the same location in the Copperfield Shopping Center
as the previous restaurant, Santiago's Card, under different ownership. On June 29, 2004,
Santiago's Caf6 was granted a variance for an on-premise alcoholic beverage permit as
required by the City Code of Ordinances due to the restaurant being located within 300
feet of a daycare center. The owner of Casa de Santiago's, Larry Wardrup, also desires
to sell alcoholic beverages and, therefore, requires a variance.
City Variance Procedure
State law allows a city to prohibit any person from maintaining a business for the
dispensing and sale for on-premises consumption of alcoholic beverages within 300 feet
of churches, daycare centers, hospitals, and schools unless the City Council grants a
variance to the distance requirements.
According to the City Code of Ordinances, in order for Council to grant a variance, a
public notice must be published in the newspaper ten (10) days before the hearing date
and notices mailed to all property owners, churches, daycare centers, childcare facilities,
public or private schools and public hospitals within 300 feet fi'om subject property. The
ordinance also states that the City Council may, upon application, allow a variance to the
regulation if the Council determines that enforcement of the regulation in a particular
instance is not in the best interest of the public, constitutes waste or inefficient use of land
or resources, creates an undue hardship on an applicant for a license or p~mdt, does not
serve its intended purpose, is not effective or necessary, or for any other reason, after
consideration of the health, safety, welfare of the public and the equities of the situation,
determines it is in the best interest of the community."
Land Use and gonin~ Issues
The Copperfield Shopping Center, zoned an "I-2" Light Industrial District, is located
south of Holly Road and east of South Staples Street. The shopping center contains
various commercial establiskments from retail, restaurants, offices, a nightclub "Whiskey
River", and a daycare center. Whiskey River, adjacent to and south of Casa De
Santiago's, obtained a TABC license in February 2004. Discovery Days Child
Development Center is located approximately 120 feet north of Casa De Santiago's.
Copperfield Shopping Center is zoned an "I-2" Light Industrial District which permits
any commercial and office use along with light manufacturing and outside storage. The
nearest residential u se t o t he s hopping c enter i s t he Walnut Ridge Apartments 1 ocated
across South Stap[es Street. Commercial development occupies the area(s) south and
east of the shopping center.
H:~PLN-DIR~SHAP~ED\GAIL\WORD\TABC\TABC2OO5~)IAGENDAMEMO DOC
Agenda Memorandum
Case No. TABC2005-01 (Casa De Santiago's)
Page 3
The daycare center is located approximately 120 feet north of Casa de Santiago's. An
"I-2" Light Industrial District permits commercial and office uses along with light
manufacturing and outside storage. The nearest residential use to the shopping center is
the Walnut Ridge Apartments located across South Staples Street. Commercial
development occupies the area(s) south and east of the shopping center, and are zoned a
"B-4" General Business District.
Findings and Recommendation
Allowing the applicant to serve alcoholic beverages along with food items will have
miaimal impact on the daycare center. The majority of the sales of alcoholic beverages
will occur in the late afternoons and evenings when the daycare center is closed or about
to close.
StaffRecommendation: Approval of the Vahance.
Attachments: Location and Notice Map
Letter from Mr. Alan Yaffe
Resolution
H:~P LN-DIR~ HARED\GAI L\WORD\TAB C\TABC 20~54} 1 AGENDAM EMO.DOC
~IDGEWOOD
UNIT 5
A-2
UNIT 5
)OD
CRy of Corpus Christi, Texas
Department o1' Development Services
B-4
CASE NO. TABC
Notice Map
2005-01
-2
0 75 150 300
~ Feet
03/22/05 SRR
City of
Corpus
Christi
OFFIC~ OF THE
CFI'Y SECRETARY
Armando Chapa
PO Box 9277
Tex~ 78469-9277
Phone 361-880-3105
Fax 361-880-3113
March 14, 2005
Alan L. Yaffe
P.O. Box 3067
Corpus Christi, Texas 78463
Passport Seafood Corporation
dba Casa De Santiago's
5702 S. Staples, Unit E4-6
Dear Mr. YalTe:
I am in receipt of your request for a variance on behalf of Passport Seafood
Corporation dba Casa De Santiago's by and through Larry Wardrup, President
of Passport Seafood Corporation for property located at 5702 S. Staples, Unit
E4-6 pursuant to Section 4-5(0 of the City Code of Ordinances.
Attached is a copy of Ordinance No. 025594 which outlines the procedure for
variance requests. Please be advised that Section 4-5(h) states that the
apphcant for the variance must reimburse the City for the costs of publishing
the notice in the newspaper and the mailing of notices to the surrounding
property owners, churches, child-care facilities, day care centers, public or
private schools, public hospitals, and school district superintendents located
within 300 feet of the property before the pubhc hearing is held.
We are in the process of identifying the cost of publication and the mailing of
written notices. As soon as this information has been obtained, the City will
send you a follow up letter advising you of the total cost owed. Upon receipt of
the reimbursement, a public hearing will be scheduled on the city council
agenda to consider your request for a variance.
If you have any quesiaons regarding this matter, please do not hesitate to call
me at 880-3105.
Sincerely,
City Secretary
George K. Noe, City Manager
Mary Kay Fischer, City Attorney
Margie Rose, Assistant City Manager
Barbara Bailey, Director of Development Services
Michael Gunning, Assistant Dxrector of Development Services
ALAN L. YAFFE
Mayor and City Council
City of Corpus Christi
Attn: Armando Chapa
PO Box 9277
Corpus Christi, Texas 78469-9277
Request for Granting of Variance Under Corpus Christi City Code {}4-5(0
to Passport Seafood Corporation d/b/a Casa De Santiago's at the
Municipal Address of 5702 South Staples, Unit E4-6, Corpus Christi,
Nueces County, Texas
Dear Honorable Mayor and Members of the City Council by and through the City Secretary and
Legal Staff:
On behalf of Passport Seafood Corporation d/b/a Casa De Santiago's and by and through
Larry Wardmp, President of Passport Seafood Corporation, we request that a Resolution be
proposed and passed by the Corpus Christi City Council under the authority granted to them
pursuant to §109.33(aX1) of the Texas Alcoholic Beverage Code and of the Corpus Christi City
Code ~4-5(f) to allow variance to the regulation otherwise prohibiting the sale of alcoholic
beverages for on-premise consumption within 300 feet o fa daycare center_
Mr. Wardrup and his company have secured the Lease and have applied for a Mixed
Beverage Permit from the Texas Alcoholic Beverage Commission which will be Disapproved
due to the provisions of the Texas Alcoholic Beverage Code §109.33(aX1) due to being within
300 feet of said daycare center, unless the Variance above requested in Granted.
The premises would not otherwise be prohibited by any other law or ordinance and is
existing in an I-2 Zoning. It is clearly and purely a restaurant that sells alcoholic beverages with
their meals incidental to their main objective of selling food_ Alcoholic Beverage Sales are
estimated to be no more than 20%; therefore, approximately 80% or more of their income is
derived from the sale and consumption of food and not alcohol. There has been a continuing
restaurant with its name or similar name at such location for approximately 19 years without any
problems of any nature. There would be no other legal restrictions prohibiting the granting of
these Permits.
During the pendency of this matter and to do this at a later date and not at tiffs time due to
a time element, we will be securing copies of signatures of Mr. Wardrup's neighbors at the
Copperfield Center Partners, Ltd. Shopping Center in the 5700 Block of South Staples Street in
the City of Corpus Christi.
Page I of 2
OR/G/NAt
We would request the Council to find that it is in the best interest of the community to
grant such Variance in the enforcement of the regulation of this particular instance is not in the
best interest of the public, it would constitute waste or inefficient use of land and other resources
and does create undue hardship on the Applicant for the License or Permit and would not serve
its intended purpose and is not effective or necessary,
Additionally, the health, safety, and welfare of the public and the equities of the situation
demonstrate that it is in the best interest of the community to grant this Variance.
We therefore respectfully request that the Proposed attached Resolution be presented in
accordance with the provision and the procedure provided by the Corpus Christi City Code and
that it be voted upon and passed as provided by law.
Enclosed herein please find a Proposed Resolution for the City Council of Corpus Christi
to adopt such Resolution in order to grant the Variance. Again, we are asking to proceed and we
will provide signatures of neighbors subsequent in order to commence the process. Also, please
find enclosed herein copy of City of Corpus Christi-Development Services Statement of Officer
Romeo Bazan disapproving such due to the reasons set forth above.
Thanking you and with kindest regards, I remain,
Sincerely,
Alan L. Yaffe
ALY/tms
Enclosures: Proposed Resolution
Statement of Officer Bazan
cc: Elizabeth Hundley
Rex Kinnison
Passport Seafood Corporation
Page 2 of 2
A RESOLUTION
GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF
ORDINANCES, TO PASSPORT SEAFOOD CORPORATION TO
OPERATE AN ON-PREMISE ALCOHOLIC BEVERAGE
ESTABLISHMENT LOCATED AT 5702 SOUTH STAPLES STREET,
SUITE #E6.
WHEREAS, Passport Seafood Corporation, doing business as Casa De Santiago's,
desires to continue operation of a restaurant on property located at 5702 South Staples
Street, Suite #E6, which is situated within the City of Corpus Chdsti ("C~/");
WHEREAS, Passport Seafood Corporation desires to allow on-premise sales of
alcoholic beverages at the location;
WHEREAS, the location of Passport Seafood Corporation's proposed business is within
300 feet of a daycare center;
WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage
Code ("TAB Code"). the City enacted Section 4-5(a) of the City's Code of Ordinances
("Code") to prohibit any person from maintaining a business for the dispensing and sale
for on-premises consumption of alcoholic beverages within the corporate limits of the
City within 300 feet of any daycare center;
WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(f) of the Code allow
the City Council ("Council"). upon application of a business regulated under Section 4-5
of the Code, to grant a variance to the alcohol regulations contained within the section if
the Council determines that enforcement of the regulation in a particular instance is not
in the best interest of the public, constitutes waste or inefficient use of land or other re-
sources, creates an undue hardship on an applicant for a license or permit, does not
serve its intended purpose, is not effective or necessary, or for any other reason, and,
after consideration of the health, safety, and welfare of the public and the equities of the
situation, determines it is in the best interest of the community;
WHEREAS, Passport Seafood Corporation has formally applied to the City for a vari-
ance under Section 4-5(f);
WHEREAS. Passport Seafood Corporation believes and states that enforcement of the
regulation, in this particular instance, is not in the best interest of the public;
WHEREAS, Passport Seafood Corporation believes and states that enforcement of the
regulation, in this particular instance, constitutes waste and inefficient use of the land
and other resources;
WHEREAS, Passport Seafood Corporation believes and states that enforcement of the
regulation, in this particular instance, creates an undue hardship on the applicant for a
license or permit;
WHEREAS, Passport Seafood Corporation believes and states that enforcement of the
regulation, in this particular instance, does not serve its intended purpose;
WHEREAS, Passport Seafood Corporation believes and states that enforcement of the
regulation, in this particular instance, is not effective or necessary; and
WHEREAS, Passport Seafood Corporation requests that the Council grant the vari-
ance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. The City Council has determined that enforcement of Section 4-5(a) of the
Code of Ordinances, in this particular instance, is not in the best interest of the public
and, after consideration of the health, safety, and welfare of the public and the equities
of the situation, grants the vadance in the best interest of the community.
SECTION 2. The C~ Council has determined that enforcement of Section 4-5(a) of the
Code of Ordinances, in this particular instance, constitutes waste and inefficient use of
the land and other resources and, after consideration of the health, safety, and welfare
of the public and the equities of the s~tuation, grants the variance in the best interest of
the commune.
SECTION 3. The City Council has determined that enforcement of Section 4-5(a) of the
Code of Ordinances, in this particular instance, creates an undue hardship on the appli-
cants for a license or permit and, after consideration of the health, safety, and weffare of
the public, grants the variance in the best interest of the community.
SECTION 4. The City Council has determined that enforcement of Section 4-5(a) of
the Code of Ordinances, in this particular instance, does not serve its intended purpose
and, after consideration of the health, safety, and welfare of the public, grants the vari-
ance in the best interest of the community.
SECTION 5. The City Council has determined that enforcement of Section 4-5(a) of
the Code of Ordinances, in this particular instance, is not effective or necessary and,
after consideration of the health, safety, and welfare of the public, grants the variance in
the best interest of the community.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED AS TO FORM: ~-7~/5/
Elizabe~,,R. Hundley / ("' ,/
Assistat:C(City Attorney ~
for the City Attorney
Henry Ga~e~
Mayor
,2005
Corpus Chdsti, Texas
day of
,2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:~LEG-DIR~elizabeth~)ept Files~H Resolu[Jons~EHreslS~.doc
16
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 4/19/05)
Case No.: 0305-01-Jose Oscar Hinoiosa: A change of zoning from an "A-l"Apartment
House District and "AB" Professional Office District to a "B-l'Neighborhood Business
District resulting in a land use change from medium-density residential and office uses to
neighborhood business uses, located north of Holly Road and 900 feet west of Carroll Lane.
Plannim, Commission and Staff's Recommendation (3/10/05): Approval of the
"B-I" Neighborhood Business District
Requested Council Action: Approvalofthe"B-l"Neighborhood Business District and adoption
of the attached ordinance.
PurDose of Request: Restaurant
Summary:
Applicant requesting a change of zoning from "A-I" Apartment House District and "AB"
Professional Office District to "B-I" Neighborhood Business District to convert an existing
2,500 square foot metal building into a restaurant with a drive-thru.
· The subject property is a 1.72 acre site with 140 feet of frontage along Holly Road, an arterial.
· A restaurant use would generate 403 average daily trips on Holly Road, which can be accommodated
within the Holly Road corridor.
Single-family subdivisions are located north and south of the subject property. Traffic generated
from the proposed restaurant use would not traverse the adjacent single-family subdivisions, since the
subject property only has access along Holly Road. To the west is a vacant "B-4" District tract and an
"A-I" District tract developed with apartments. Located east of the subject property is a church zoned
a "R-lB" District and a mortuary zoned a"B-l" Dis~ct.
Since 1990, the north side of Holly Road between Kostoryz Road and Carroll Lane has been
transitioning to apartment and business uses. With the improvement of Holly Road to a fully
improved arterial, a demand for apartment and business uses in this area is expected to continue.
Amalicant's Position: The applicant concurs with Planning Commission and Staff's
recommendation.
Notification: Of the 28 notices mailed to the surrounding property owners, 1 was returned in
favor and 1 in opposition. The 20% rule is not invoked. This case is considered
noncontroversial.
Agenda Men~randum
Case No. 0305-01 (Jose Oscar Hinojosa)
Page 2
MG/FGMSgp
Attachments:
1)
2)
3)
Zoning Report
Planning Commission Minutes
Ordinance
H:~° LN-DIR~S HARED\CHRIS TA L\WO RDL~.G EN DMEM~2~5WIarc h~03054) 1 AG ENDAM EMO doc
ZONI'NG REPORT
Case No.: 0305-01
Planning Commission Hearing Date: March 9, 2005
Applicant: Jose Oscar Hinojosa
Owner: Same as Applicant
Agent: Joe L. Garcia
Legal Deseription~oeation: Carroll Place No. 7, Block l, Lot 3, located north of Holly Road
and 900 feet west of Carroll Lane.
From: "A-I" Apartment House Dislrict and "AB" Professional Office DistaSct
To: "B-I" Neighborhood Business District
Area: 1 72 acres
Purpose of Request: Resiaurant
Zoning
Site "A-I" Apartment House
Dis~ct and "AB"
Professional Office District
North "R-lB" One-family Dwelling
District
South "R-lB" One-family Dwelling
District
East "R-lB" One-family Dwelling
Dislrict and "B- 1"
Neighborhood Business
District
Wea't "B~" General Business
Dis~ict
Existing Land Use
Vacant office building
Low<lensity residential
Low<lensity residential
Church and mortuary
Vacant lot and medium-
density residential
Future Land Use
Low-density residential
Low-density residential
Low-density residential
Low-density residential
and neighborhood business
General business
Area Development Plan: The Southside ADP's adopted future land use map recommends low-
density residential. However, properties east and west of the subject property have transition to
business districts. A "B-I" Neighborhood Business District is a compatible zoning district to the
adjacent areas.
Map No.: 046037
Zoning Violations: None
Zoning Report
Case No. 0305-01 (Jose Oscar Hiaojosa)
Page 2
Applicant requesting a change of zoning from "A-I" Apartment House District and
"AB' Professional Office District to "B-I" Neighborhood Business District to convert an
existing 2,500 square foot metal building into a restaurant with a drive-thru.
The subject property is a 1.72 acre site with 140 feet of frontage along Holly Road, an
arterial.
A restaurant use would generate 403 average daily trips on Holly Road, which can be
accommodated within the Holly Road comdor.
Single-family subdivisions are located north and south of the subject property. Traffic
generated from the proposed restaurant use would not traverse the adjacent single-family
subdiv/sions, since the subject property only has access along Holly Road. To the west is a
vacant "B4" District tract and an "A-I" District tract developed with apartments. Located
east of the subject property is a church zoned a "R-lB" District and a mortuary zoned a
"B-I" District.
Since 1990, the north side of Holly Road between Kostoryz Road and Carroll Lane has been
transitioning to apartment and business uses. With the improvement of Holly Road to a fully
improved arterial, a demand for apartment and business uses in this area is expected to
continue.
Street Type
Holly Road Arterial
Paved Section Volume
(2001)
90' R.O.W. w/72' Bk to Bk 16,090 a.d.t.
pavement
The subject property is platted.
The City's adopted Policy Statement discourages commercial traffic from traversing residential
areas. The subject property does not traverse the residential area to the north or south.
Approval of the "B-I" Neighborhood Business District
Zoning Report
Case No. 0305-01 (Jose Oscar Hinojosa)
Page 3
Approval of the "B-1" Neighborhood Business District.
Number of Notices Mailed
Favor
Opposition l
(As of March 1, 2005)
28
Attachments: Zoning Map
It:~P LN-DIR~S HA R EI)\Gail\WO RD~ZON RPTS L2005~M arch\0305431 Relmrl.doc
SUBJECT
EL
B-4
A-I
R-2
H'ot:Lao llE~.p
NORTH
Planning Commission Minutes
March 10, 2005
New Zoning
0305-01 - Jose Oscar Hinojosa
Request: "A-l"Apartment House District and "AB" Professional Office District to a "B-I"
Neighborhood Business District, resulting in a land use change from medium-density residential
and office uses to neighborhood business uses.
Excerpts from Zoning Report
Purpose of Request: Restaurant
Legal Description/Location: Carroll Place No. 7, Block 1, Lot 3, located north of Holly Road
and 900feet west of Carroll Lane~
Area Development Plan: Southside - The Southside ADP's adopted future land use map
recommenc~ low-density residential. However, properties east and west of the subject property
have transition to business districts. A "B-1 "Neighborhood Business District is a compatible
zoning district to the adjacent areas.
Staff Recommendation: Approval of the "B-1 "NeighborhoodBusine~s District.
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The
zoning report and tape recording are on file. Property is approximately 1.72 acres in size with a
2500 square foot building in existence. Our findings show that this request is consistent with the
surrounding zoning for business. There were 28 notices mailed. One was received in favor and
one was received in opposition.
The public hearing was opened Mr. Joe Garcia, 4626 Weber, representing Mr. Hinojosa
addressed the Commission stating the property was formerly a dental office and applicant is
making plans to open a restaurant. Property has now been gutted and is ready to be remodeled.
Said property will accommodate a drive thru for restaurant and has long range plans to operate a
L-shaped retail building in the rear of the property. There is no opposition. Motion and second
for approval orB-1. No further discussion. Motion carded.
The public hearing was closed. A motion was made by Salazar and seconded by Zamora to
recommend approval as submitted. The motion passed unanimously with Smith and Stone being
absent.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY JOSE OSCAR HINOJOSA, BY CHANGING THE ZONING MAP IN
REFERENCE TO CARROLL PLACE NO. 7, BLOCK '1, LOT 3, FROM
"A-1' APARTMENT HOUSE DISTRICT AND "AB'~ PROFESSIONAL
OFFFICE DISTRICT TO "B-I" NEIGHBORHOOD BUSINESS
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Jay Salazar for amendment to the C~
of Corpus Chdsti Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public headngs were held on Thursday,
March 10, 2005, dudng a meeting of the Planning Commission, and on Tuesday, Apdl
19, 2005 dudng a meeting of the City CouncJl, in the Council Chambers, at City Hall, in
the City of Corpus Chdsti, 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
Chdsti and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Chdsti, Texas, is
amended by changing the zoning onto Carroll Place No. 7, located north of Holly Road
and 900 feet west of Carroll Lane from "A-1" Apartment House Distdct and "AB"
Professional Office District to "B-l" Neighborhood Business District. (Map 046037)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
H:\LEG-DIR~Joseph~Zoning-05\0305-01 regular 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 l~e City of Corpus Chdsti.
SECTION 7. That upon wdtten request of the Mayor or five Council members, copy
affached, the City Council (f) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 19~h day of April, 2005.
A'n'EST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED /f-r~,,¢ [
Joseph Ha~ey ~
Assistant City Attorney
For City Attorney
2005
Henry Garrett
Mayor, The City of Corpus Chdsti
H:~LEG-DIR~Joseph~Zoning-05\0305-01 regular.doc
Page 3 of 3
Corpus Chdsti, Texas
__ day of ,2005
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,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:\LEG-DIR~Joseph~oning-05\0305-01regular.doc
17
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City Council Action Date: 4/19/05)
Case No.: 0305-02-Ja~, Salazar: A change of zoning from an "R-lB" One-family
Dwelling District to a "B-l"Neighborhood Business District, resulting in a land use
change from low-density residential to a neighborhood business use located west of
Airhne Road and 650 feet south of Holly Road.
Planning Commission and Staff's Recommendation (3/10/05): Approval of the "B-I"
Neighborhood Business District.
Requested Council Action: Approval of the "B-I" Neighborhood Business Distr/ct and adoption
of the attached ordinance.
Purl~ose of Request: Development of a retail shopping center.
Summalw:
The applicant has requested a change of zoning from a "R-lB" One-family Dwelling District to a
"B-I" Neighborhood Business Disthct for the development of a retail shopping center on two (2)
vacant platled lots.
The proposed retail shopping center is planned as a 13,000 square foot building. Proposed uses
within the center consist of the applicant's photography studio, a hair salon, an Edward Jones
office, a flower shop and a frame/aa supply store.
North of the subject property is a "B-I" District developed as an office use and to the south is
undeveloped property zoned a "B-i" District. East of the subject property and across Airline
Road is a large tract of undeveloped land zoned a "B4" District. Along the west boundary of the
subject property is an "A-1" District developed as townhomes.
Access for the lot is provided along Airline Road, an arterial roadway. Within 650 feet noah of
the subject property is Holly Road, an arterial roadway.
Traffic generated by commercial uses, at 528 average daily trips, could be accommodated by the
Airline Road and Holly Road street system.
Overall, the Comprehensive Plan Elements are supportive of the requested "B-I" District. The
Southside Area Development Plan's adopted future land use map recommends the area to
transition from low. density residential uses to commercial uses. The requested "B-I" District is
consistent with the Plan's recommended land use.
Alol~licant's Position: The applicant concurs with Planning Commission and Staff's
recommendation.
Agenda Memorandum
Case No. 0305-02 (Jay Salazar)
Page 2
Notification: Of the 15 notices mailed to the surrounding property owners, 0 were returned in
favor and 2 in opposition. The 20% rule is not invoked. This case is considered
noncontroversial.
Michael N. Gunning, AICP
Assistant Director of Development Services
MG/FGM/gp
Attachments:
1)
2)
3)
Zoning Report
Planning Commission Minutes
Ordinance
HSP LN-DIR%I~ARED~CHRISTAL\WORD~AGEN DM EM~2005~March\0305~)2AGENDAMEMO doc
ZON'rNG REPORT
Case No.: 0305-02
Planning Commission Hearing Date: March 9, 2005
Applicant: Jay Salazar
Owner: Lorco Investment Properties, Ltd.
Agent: Same as applicant
Legal Description/Location: Yarbrough Addition, Lots 6 and 7, located west of
Airline Road and 650 feet south of Holly Road.
From: "R-lB" One-farmly Dwelling District
To: "B-I" Neighborhood Business District
Area: 0.58 acre
Purpose of Request: Retail shopping center
Zoning Existing Land Use
Site "R-lB" One-family Dwelling Vacant lots
Disl~'ict
North "B-I" Neighborhood Office
Business District
South "B-l"Neighborhood Vacant lot
Business Distxict
Ea~'t "B4" General Business Undeveloped
District land/Agriculture
West "A-1" Apartment House Townhomes
District
Future Land Use
Neighborhood Commercial
Neighborhood Commercial
Neighborhood Commercial
General Business
Medium-density
residential
Area Development Plan: Southside - The future land use map recommends neighborhood
commercial for the subject properly.
Map No.: 042034
Zoning Violations: None
Zoning Report
Case No: 0305-02(Jay Salazar)
Page 2
The applicant has requested a change of zoning from a "R-lB" One-family Dwelling
District to a "B-I" Neighborhood Business District for the development of a retail
shopping center on two (2) vacant platted lots.
The proposed retail shopping center will contain 13,000 square feet and include the
applicant's photography studio, a hair salon, office, flower shop and a frame/art supply
store.
North of the subject property is a "B-i" District developed as an office use. Located to
the south is an undeveloped property zoned a "B-I" District. East of the subject property
across Airline Road is a large tract of undeveloped land zoned a "B-4" District. Along
the west boundary of the subject property is an "A-I" District developed as townhomes.
Access to the proposed retail center is provided along Airline Road, an arterial roadway.
Located within 650 feet north of the subject property is Holly Road, an arterial roadway.
Traffic generated by the proposed uses, is average daily trips, which can be
accommodated by the Airline Road and Holly Road street systems.
Overall, the Comprehensive Plan Elements are supportive of the requested "B-I"
Distririct. The Southside Area Development Plan's adopted future land use map
recommends the area to transition from low-density residential uses to commercial uses.
The requested "B-I' District is consistent with the Plan's recommended land use.
Street Type Paved Section Volume
(2001)
Airline Road Arterial 80' R.O.W. w/48' Bk. to Bk. 39,674 a.d.t.
pavement ~ Holly Rd.
Holly Road Arterial 80' R.O.W. w/48' Bk. to Bk. 19,390 a.d.t.
pavement @ Airline Rd.
The subject property is platted.
October 2003, Yarbrough Subdivision, Lot 1 was granted a change of zoning from "R-lB"
Distrct to a "B-I' District.
August 2003, Yarbrough Subdivision, Lots 4 and 5 were granted a change of zoning from a
"R-lB" District to a "B-1" District.
May 2003, Yarbrough Subdivision, Lots 8 and 9 were granted a change of zoning from a "R-lB"
District to a "B- I" District.
H:~P LN-D LRUS 11ARED~C H RIS TA L\WO RD~ZON RP TS~005~vlarch~03054)2 Repo~ doc
Zoning Report
Case No: 0305-02(Jay Salazar)
Page 3
Approval of the "B-I" Neighborhood Business District.
Approval of the "B-1" Neighborhood Business District.
Number of Notices Mailed
Favor 0
Opposition 0
(As of March 1, 20~5)
15
ATTACHMENT:
ZONING MAP
CONCEPTURAL LAYOUT
H 5P LN -D IRXS HARED\GaiI\WO RD~ZONRP TS~2005~March~3054~2 Roy, or t doc
SUE
PARCEL
A-I -E~ B-4
· l'otl, ao BE~.p
NORTH
Plarming Commission Minutes
March 10, 2005
New Zoning
0305-02 - Jay Salazar
Request: "R-lB" One-family Dwelling District to a "B-I" Neighborhood Business District,
resulting in a land use change from low-density residential to a neighborhood business use.
Excerpts from Zoning Report
Purpose of Request: Retail shopping center
Legal Description/Location: Yarbrough Addition, Lots 6 and 7, located west of
Airline Road and 650feet south of Holly Road.
Area Development Plan: Southxide - The future land use map recommench' neighborhood
commercial for the subject property.
Staff Recommendation: Approval of the "B- I "Neighborhood Business Dtstrict.
Mrs. Goode-Macon provided graphics of the subject property and the surrounding area. The
zoning report and tape recording are on file. There were fifteen notices mailed. None were
received in favor and two were received in opposition.
During the past two years we have seen quite a lot ofrezoning along the west side of Airline
south of the Corpus Christi Athletic Club. The applicant is converting two lots and is looking to
develop a retail shopping center approximately 13,000 square feet in size offering various uses
for the particular site. Staff is recommending approval.
Ms. Mims inquired regarding the surrounding properties which has been owned by a particular
family and has been in estate. Mrs. Goode-Macon indicated that the beneficiaries do not choose
to do anything collectively and will sell their property separately. Mrs. Goode-Macon stated
further in answer to Mims's questions that they are already receiving separate driveway cuts and
from the plans there is room to accomplish what the applicant wants to do.
The public hearing was opened. Jay Salazar, applicant addressed the commission stating he
owns four tracts of land. The first three tracts in that strip of la.nd, which is located close to the
athletic club, is owned by a general contractor who also wants to build in the near future. Shelby
Real Estate owns two tracts and are undecided at the moment what they plan to do with their
property. Inner connectivity through the shopping center was strongly encouraged by the
Commission.
The public hearing was closed. A motion was made by Mims and seconded by Brazelton to
recommend approval as submitted. The motion passed unanimously with Stone and Smith being
absent.
Motion to approve with no further discussion.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY JAY SALAZAR, BY CHANGING THE ZONING MAP IN
REFERENCE TO YARBROUGH ADDITION, LOTS 6 AND 7, FROM
"R-I B" ONE-FAMILY DWELLING DISTRICT TO "B-1"
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 Jay Salazar 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 Thursday,
Mamh 10, 2005, during a meeting of the Planning Commission, and on Tuesday, April
19, 2005 dudng a meeting of the City Council, in the Council Chambers, at City Hall, in
the City of Corpus Chdsti, 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 weffare of the City of Corpus
Chdsti and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning onto Yarbrough Addition, Lots 6 and 7, located west
of Aidine Road and 650 feet south of Holly Road from "R-1 B" One-family Dwelling
District to "B-1" Neighborhood Business District. (Map 042034)
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.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
H:\LEG-DIR~Joseph~oning-05\0305-02regular.doc
Page 2 o[ 3
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Chdsti as required by the City Charter of the City of Corpus Chdsti.
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 19m day of April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED
For C~ Attorney
2005
Hen~ Ga~ett
Mayor, The City of Corpus Chris~
H:\LEG-DIR~loseph~_oning-05\0305-02reg ular.doc
Page 3 of 3
Corpus Christi, Texas
day of ,2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Chdsti, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H:\LEG-DIR~Joseph~Zoning-05\0305-02regular.doc
18
AGENDA MEMORANDUM
April 19, 2005
AGENDA ITEMS:
A. Resolution authorizing the City Manager, or designee, to accept Federal Aviation
Administration Grant Number 3-48-0051-37-2005 in an amount not to exceed
$7,788,088, for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield
Drainage Improvements - Phase 4, and Runway 13/31 Lighting and Cable
Replacements at Corpus Christi International Airport.
B. Ordinance Appropriating $5,088,088 from the Federal Aviation Administration Grant
Number 3-48-0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the
Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage
Improvements - Phase 4, and Runway 13/31 Lighting and Cable Replacements at
Corpus Christi International Airport; Amending FY 04-05 Capital Budget Adopted by
Ordinance No 026188 to increase Appropriations by $5,088,088; and Declaring an
Emergency.
C. Ordinance Appropriating $498,575 in the Airport Capital Reserve Fund 4611;
Transferring and Appropriating $498,575 into the Airport Capital Improvement Program
Fund - Capital Reserve Fund 3020a for the Runway 13/31 Rehabilitation, Blast Pads
and Shoulders, Airfield Drainage Improvements- Phase 4, And Runway 13/31 Lighting
and Cable Replacements at Corpus Christi International Airport; Amending FY 04-05
Operating Budget Adopted by Ordinance No. 025878 to increase Appropriations by
$498,575; Amending FY 04-05 Capital Budget Adopted by Ordinance No. 026188 to
increase Appropriations by $498,575; and Declaring an Emergency.
D. Motion authorizing the City Manager, or his designee, to execute a construction
contract in the amount of $8,963,579.50 with Berry Contractors L.P, dba Bay, Ltd. of
Corpus Christi, Texas, for the Runway 13/31 Rehabilitation, Blast Pads and Shoulders,
Airfield Drainage Improvements - Phase 4, and Runway 13/31 Lighting and Cable
Replacements at Corpus Christi International Airport.
ISSUE: The Federal Aviation Administration has offered Grant 37 to the City of Corpus
Christi in an amount not to exceed $7,788,088 for the rehabilitation of Runway 13/31 and
various other improvements including new shoulders, drainage improvements and lighting
improvements. The Grant is a multi-year grant with $5,088,088 being available at the
current time, with the balance of the Grant 37 anticipated to become available during the
FY06 Grant cycle. The Airport will match the grant with Airport Capital Reserve funds.
FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants.
RECOMMENDATION: Approval of the Resolutions, Ordinances and Motion as presented.
Dave Hamrick
Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Bid Tabulation
Exhibit C. Location Map
i:~--/~ngel R. Escobar, P. E. f
Director of Engineering Services
H:~-IOM E~KEVIN S\G E N ~AIR~OO41m prove m e n[s \^Av~ C os[ru c~ion Memo.doc
BACKGROUNDINFORMATION
ADDITIONAL INFORMATION:
The City has received an offer for FAA Grant # 3--48-0051-37-2005 in the amount of
$7,788,088.00 for the Rehabilitate Runway 13/31, Phase II, Runway 17/35 Shoulders
and Blast Pads, and Airport Drainage Improvements Phase IV Project. This is a multi-
year Grant offer of which $5,088,088.00 is for Federal FY 2005, with the remainder not
being available until Federal FY 2006. This grant money will be combined with prior
grant monies to complete federal participation in the amount of 90% and 95% of the
project(s) costs depending on the grant year. Acceptance of the grant by Resolution and
appropriation of the grant proceeds is necessary to proceed with the project. The
proposed actions includes grant acceptance, appropriation of funds and construction
contract award.
PRIOR COUNCIL/ADMINISTRATIVE ACTIONS:
June 8 2004- Motion authorizing the City Manager, or his designee, to execute an
architectural/engineering services contract with Pierce, Goodwin, Alexander and
Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $1,375,025 for
multiple Airport Improvement Projects including Runway 13/31 Rehabilitation,
Oveday, Blast Pads, Shoulders and Edge Lighting (Project No. 1092); Airfield
Drainage Improvements Ph. 3 (Project No. 1093); Runway 13 Localizer
Relocation (Project No. 1094); and the CCIA Master Plan Update (M2004-224).
August 31, 2004 - Motion authorizing the City Manager, or his designee, to execute a
geotechnical services contract with Professional Services Industries, Inc. (PSI) of
Corpus Christi, Texas in an amount not to exceed $39,690.00 for the Corpus
Chdsti International Airport Runway 13/31 Rehabilitation, Overlay, Blast Pads,
Shoulders, Edge Lighting and Associated Site Work.
PROJECT DESCRIPTION:
The project consists of the rehabilitation of Runway 13/31 with pavement milling and
oveday, installation of new twenty-five (25) foot wide shoulders, blast pads, drainage
improvements including pipe culverts, underdrains and other structures; new high
intensity runway lighting including conduit, cables, transformers and signage
improvements; new top soil, seeding, and sodding; the relocation of the Runway 13
Iocalizer; and the design work for the Runway 17/35 lighting replacement, shoulder and
blast pad project and other related work. The project will require closure of Runway
13/31 which is the primary runway during prevailing wind conditions. This will limit
takeoff loads under certain wind conditions. The airlines have been advised of this
project and will take appropriate measure to continuity of safe operations.
BID INFORMATION:
The bid was structured as a base bid with an additive alternative for certain drainage
items. The FAA requested that the pre-bid meeting be mandatory for a bid to be
qualified. Two bids were received, and publicly opened on March 23, 2005. Both
Exhibit A
Page 1 of 2
H:~H OM E~,EVINS \G E N~AIR~2004 Irnp roveme nis\^Awd Bkg ExhA.d ~c
bidders had attended the mandatory pre-bid meeting. The base bid with additive
alternates were $8,963,579.50 and $10,573,262.21. See Exhibit B. The Iow qualified
bid was submitted by Berry Contractors dba as Bay Ltd. of Corpus Chdsti, Texas.
FUNDING:
Funding is available from the FAA Grants and Airport CIP Funds.
BOARDICOMMI'I-rEE REVIEW: The Airport Board has reviewed the Agenda Items
and recommends approval.
Exhibit A
Page 2 of 2
H :~-IOME~EVIN S\GE NV~IR~OO41mp rovements\^Awd B kg Exl'~A.d oc
~z ~-d. 6 6 6 6 ~
File : \Mprojecl\councilexhibifs\exh 1092.dwg
San Patricio County
N
CORPUS
CHRISTI
BAY
PROdECT LOCATION
I000 INTERNATIONAL DRIVE
CORPUS CHRISTI, TEXAS
LOCATION MAP
NOT TO
CESAR CHAVEZ BLVD.
J PROJECTSITE
HWY 44
AGNES RD.
ii ~
N
CITY PROJECT No. 1092, 1093, 1080
SITE PLAN
NOT TO SC~
MULTIPLE AIRPORT IMPROVEMENTS PROJECTS
RUNYlAY 13/31 REHABILITATION, OVERLAY, BLAST PADS, SHOULDERS AND
EDGE LIGHTING AND ASSOCIATED SITE I¥3RK~ PHASE 4
CITY OF CORPUS CHRISTI, TEXAS
EXHIBIT 'C"
CITY COUNCIL EXHIBIT
DEPAR~TOF ENGINEERING ~RVIC~
PAGE: 1 of 1
___--,--
~TE: 04- 19-2005
RESOLUTION
AUTHORIZING THE crrY MANAGER OR DESIGNEE TO ACCEPT THE
FEDERAL AVIATION ADMINISTRATION GRANT NO 3-48-0051-37-2005
IN AN AMOUNT NOT TO EXCEED $7,788,088 FOR THE RUNWAY 13/31
REHABILITATION, BLAST PADS AND SHOULDERS, AIRFIELD
DRAINAGE IMPROVEMENTS - PHASE 4 AND RUNVVAY 13/31 LIGHTING
AND CABLE REPLACEMENTS AT CORPUS CHRISTI INTERNATIONAL
AIRPORT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Manager or designee is authorized to accept the Federal Aviation
Administration Gr~nt No. 3-48-0051-37-2005 in an amount not to exceed $7,788,088 for
the Runway 13/31 Rehabilitation, Blast Pads And Shoulders, Airfield Drainage
Improvements - Phase 4 And Runway 13/31 Lighting And Cable Replacements at Corpus
Chdsti International Airport.
SECTION 2. If the grant is received, the City of Corpus Chdsti will comply with the
grant requirements of the Federal Aviation Administration.
ATTEST:
THE CITY OF CORPUS CHRISTI
An'nando Chapa, City Secretary
Henry Garrett, Mayor
The City of Corpus Chdsti
APPROVED the 14th day of Apdl, 2005.
(J. zoh~ P. Burke, Jr; ~/
"Assistant City Attorney
for City Attomey
Corpus Chdsti, Texas
day of
,2005.
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
Lma~¢~JohnBurke~zxtJnanccR~olutio~2.0OA~Ai~ort Grant #36.Ha
ORDINANCE
ORDINANCE APPROPRIATING $5,088,088 FROM THE FEDERAL
AVIATION ADMINISTRATION GRANT NUMBER 3-48-0051-37-2005 IN
THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND FOR THE
RUNWAY 13/31 REHABIUTATION, BLAST PADS AND SHOULDERS,
AIRFIELD DRAINAGE IMPROVEMENTS - PHASE 4, AND RUNWAY
13/31 LIGHTING AND CABLE REPLACEMENTS AT CORPUS CHRISTI
INTERNATIONAL AIRPORT; AMENDING 04-05 CAPITAL BUDGET
ADOPTED BY ORDINANCE NO 026188 TO INCREASE
APPROPRIATIONS BY $5,088,088; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Appropriating $5,088,088 fi-om the Federal Aviation Administration Grant
Number 3-48-0051-37-2005 in the No. 3020 Airport Capital Improvement Fund for the
Runway 13/31 Rehabilitation, Blast Pads and Shoulders, Airfield Drainage
Improvements - Phase 4 and Runway 13/31 Lighting and Cable Replacements at
Corpus Chdsti Intemational airport.
SECTION 2. Amending FY 04-05 Capital Budget adopted by Ordinance No. 026188 to
increase appropriations by $5,088,088.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the __ day of Apdl, 2005.
A'I-rEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: Apdl /Z~ , 2005
urke, Jr.
City Attorney
ttomey
Henry Garrett
Mayor
JohnBu~ke~OrdReso2005\ORD 4 Ain~r~ lmprovement~ 5088088.11a
Corpus Chdsti, Texas
Day of ,2005
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,
Henry Garrett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
JohnBu~ke~lRcso2005~ORD 4 Ai~ort Improvements 508g088.lla
ORDINANCE
ORDINANCE APPROPRIATING $498,575 IN THE AIRPORT CAPITAL
RESERVE FUND 4611; TRANSFERRING AND APPROPRIATING
$498,575 INTO THE AIRPORT CAPITAL IMPROVEMENT PROGRAM
FUND - CAPITAL RESERVE FUND 3020A FOR THE RUNVVAY 13/31
REHABILITATION, BLAST PADS AND SHOULDERS, AIRFIELD
DRAINAGE IMPROVEMENTS - PHASE 4, AND RUNWAY 13131
MGHTING AND CABLE REPLACEMENTS AT CORPUS CHRISTI
INTERNATIONAL AIRPORT; AMENDING FY 04-05 OPERATING
BUDGET ADOPTED BY ORDINANCE NO. 025878 TO INCREASE
APPROPRIATIONS BY $498,575; AMENDING FY 04-05 CAPITAL
BUDGET ADOPTED BY ORDINANCE NO. 026188 TO INCREASE
APPROPRIATIONS BY $498,575; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Appropriating $498,575 in the Airport Capital Reserve Fund 4611.
SECTION 2. Transferring and appropriating $498,575 in the Airport Capital
Improvement Program Fund-Capital Reserve Fund 3020A for the Runway 13/31
Rehabilitation, Blast Pads and Shoulders, Airfield Drainage Improvements - Phase 4,
and Runway 13/31 Lighting and Cable Replacements at Corpus ChdstJ Intemational
Airport.
SECTION 3. Amending FY 04-05 Operating Budget adopted by Ordinance No. 025878
to increase appropriations by $498,575.
SECTION 4. Amending FY 04-05 Capital Budget adopted by Ordinance No. 026188 to
increase appropriations by $498,575.
SECTION 5. 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 April, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
JolmBarke~hOR~a2005~ORD 4 AJ~o~ Impmv~nc-nts 475000.11a
APPROVED: Apdl /~-~/ , 2005
For City Attomey
Jol~o~ce\O~dRc~o2005\O~) 4 Ai~on [mpmvc~a~Ls 47 ~000.11a
Corpus Chdsti, Texas
Day of ,2005
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,
Henry Gan'ett, Mayor
City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
19
AGENDA MEMORANDUM
City Council Action Date: April 19, 2005
SUBJECT:
Antelope Street and Salt Flats Area 36-1nch/48-1nch Wastewater Gravity
Interceptor (Project No. 7302)
Broadway Wastewater Treatment Plant Diversion Project
AGENDA ITEM:
A. Motion authorizing the City Manager, or his designee, to award a construction
contract to Jalco Inc. of Houston, Texas, in the amount of $8,614,720.50 for the
Antelope Street and Salt Flats Area 36-1nclV48-1nch Wastewater Gravity Interceptor
Line. (Rabid)
B. Motion authorizing the City Manager, or his designee, to execute a contract for
professional services with Goldston Engineering Inc. for a fee not to exceed
$285,140 for construction inspection services for the Antelope Street and Salt Flats
Area 36-1nch/48-1nch Wastewater Gravity Interceptor Line.
ISSUE: The proposed 36-inctV48-inch gravity line will be over 5,000 feet long and will help
alleviate ovedlow problems at the manholes along Leopard Street and Winnebago Street.
The project has bid and is ready lo begin the construction phase. Due to the scope of this
contract, a project inspector is necessary to provide further protection for the City against
defects and deficiencies in the contractor's work. City Council action is required to
complete the project.
FUNDING: Funds to finance the proposed project ara available in the FY 2004-2005
Wastewater Capital Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motions as presented.
Foster Crowell
Director of Wastewater Services
scobar, P.E.
Director of Engineering Services
Additional Supl3ort Material:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Background Information
Bid Tabulation
Project Budget
Conlract Summary
Location Map
AGENDA BACKGROUNDINFORMA~ON
SUBJECT:
Antelope Street and Salt Flats Area 36-1nch/48-1nch Wastewater Gravity
Interceptor (Project No. 7302)
Broadway Wastewater Treatment Plant Diversion Project
PRIOR COUNCIL ACTION:
1. Auclust 18, 1998 - Motion authorizing the City Manager, or his designee, to execute
an Engineering Services Contract with Govind & Associates, Inc. in the amount of
$329,853 for engineering services associated with the Airport Ditch Outfall
Improvements and Broadway Plant Lift Station and Diversion to Greenwood
Plant/Nueces River Delta. (Motion No. M98-285)
2. May 5, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 3 to an engineering services contract with Govind & Associates,
Inc. in the amount of $43,010 for engineering services associated with the Airport
Ditch Ouffall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood PlantJNueces River Delia. (Motion No. M2001-189)
October 30, 2001 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 5 to an engineering services contract with Govind & Associates,
Inc. in the amount of $48,560 for engineering services associated with the Airport
Ditch Ouffall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Planl/Nueces River Delta. (Motion No. M2001-409)
Al~ri116, 2002 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 6 to an engineering services contract with Govind & Associates,
Inc. in the amount of $99,112 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Plant/Nueces River Delta. (Motion No. M2002-099)
Jul,/8, 2003 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 11 to an engineering services contract with Govind & Associates,
Inc. in the amount ol $639,621 for engineering services associated with the Airport
Ditch Outfall Improvements and Broadway Plant Lift Station and Diversion to
Greenwood Plant/Nueces River Delta. (Motion No. M2003-239)
December 16, 2003 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 13 to an enginaedng services contract with Maverick
Engineering, Inc. in the amount ol~ $62,338 for engineering services associated with
the Airport Ditch Outfall Improvements and Broadway Plant Lift Station and
Diversion to Greenwood PlanVNueces River Delta. (Motion No. M2003-239)
November 16, 2004 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 16 with Maverick Engineering Inc. of Corpus Christi,
Texas, for a total fee not to exceed $39,044 for a total restated fee of $1,378,811 for
the Antelope Street and Salt Flats Area 36-1nclV48-1nch Wastewater Gravity
Interceptor Project. (Motion No. M2004-429)
EXHIBIT "A" I
Page 1 of 4
PRIOR ADMINISTRATIVE ACTION:
1. Sel~tember 10, 1999 - Administrative Amendment No. 1 to an engineering services
contract with Govind & Associates for a total fee not to exceed $4,460 for a total
restated lee not to exceed $334,313, for amhaeolegical survey services for the
Airport Ditch Outfall Improvements.
2. June 27, 2000 - Administrative Amendment No. 2 to an engineering services
contract with Govind & Associates for a total fee not to exceed $9,480 for a total
restated fee not to excccd $343,793, to evaluate alternate pump station locations.
3. June 19, 2001 - Administrative Amendment No. 4 to an engineering services
contract with Govind & Associates for a total fee not to exceed $14,010 for a total
restated fee not to exceed $400,823, to evaluate alternate pump station locations.
4. May 22. 2002 - Administrative Amendment No. 7 to an engineering services
contract with Govind & Associates for a total fee not to exceed $24,650 for a total
restated fee not to exceed $573,145, for the Broadway Wastewater Treatment Plant
Diversion Project.
5. November 14, 2002 - Administrative Amendment No. 8 to an engineenng services
contract with MEI Govind for a total fee not to exceed $18,195 for a total restated
fee not to exceed $591,340, for the Broadway Wastewater Treatment Plant
Diversion project.
6. December 24. 2002 - Administrative Amendment No. 9 to an engineenng services
contract with MEI Govind for a total fee not to exceed $24, 880 for a total restated
fee not to exceed $616,220, for the Broadway Wastewater Treatment Plant
Diversion project.
7. February 6, 2003 - Administrative Amendment No. 10 to an engineenng se~ces
contract with MEI Govind for a total fee not to exceed $1,300 for a total restated fee
not to exceed $617,520, for the Broadway Wastewater Treatment Plant Diversion
project.
8. Auaust 29. 2003 - Administrative Amendment No. 12 to an engineenng services
contract with MEI Govind for a total fee not to exceed $0 for a total restated fee not
to exceed $1,257,141, for the Broadway Wastewater Treatment Plant Diversion
project.
9. Apdl 9, 2004 - Administrative Amendment No. 14 to an engineenng services
contract with Maverick Engineering, Inc. for a total fee not to exceed $3,900 for a
total restated fee not to exceed $1,323,379, for the Broadway Wastewater
Treatment Plant Diversion project.
10. November 5, 2004 - Administrative Amendment No. 15 to an engineenng services
contract with Mavedck Engineering, Inc. for a total fee not to exceed $16,388 for a
total restated fee not to exceed $1,339,767, for the Broadway Wastewater
Treatment Plant Diversion project.
PROJECT BACKGROUND: This phase of the Broadway Wastewater Treatment Plant
Diversion Project consists of a new 36-inclV48-inch gravily line. The 36-inch gravity line will
be constructed commencing on the south side of IH- 37 from Leopard Street to West
Broadway Boulevard. The 48-inch diameter line will begin at the terminus of the 36-inch
line which is the location of the new lift station and continue to the Broadway Wastewater
Treatment Plant head works. The new 36-inch line will cross IH-37, pass under the Salt
Flat drainage box and cross the Union Pacific Railroad lines before terminating at the
I EXHIBIT"A" I
Page 2 o1' 4
Resaca Street L~ Station. The 36-inclV48-inch gravity line will be over 5,000 feet long and,
once constructed, will help alleviate overflow problems at the manholes along Leopard
Street and Winnebago Street. The line has been routed to cause a minimum of disruption
to the residents of the Winnebago neighborhood and Leathers Housing project. Also, this
route circumvents the Kerr McGee property which has known environmental problems.
This route will be coordinated with TxDOT to avoid future potential conflicts with the new
Harbor Bddge alignment.
PROJECT DESCRIPTION: The Antelope Street and Salt Flats Area 36"/48" Wastewater
Gravity Interceptor Line project consists of the following construction items:
Base Bid Pert A consists of construction of about 210 linear feet of 8" PVC gravity
sanitary sewer; about 710 linear feet of 15" gravity sewer line crossing IH-37 with
new manholes; over 2,920 linear feet ol~ 24" gravity line; about 4,990 linear feet of
36-inch gravity sewer line; about 1,260 linear feet of 42" gravity line and about 645
linear feet of 48-inch gravity line complete with manholes and 9 steel casings of
varying sizes. Also included are the construction of about 2,912 linear feet of new 8"
water line complete with valves, fittings and new taps. The engineer's estimated
construction cost for Base Bid Part A is $7,826,435.00.
Base Bid Part B consists of construction of about 942 linear feet of 8" PVC gravity
sanitary sewer line and abou1264 linear feet of 12" PVC gravity sanitary sewer line
complete with service connections and manholes. The engineer's estimated
construction cost for Base Bid Part B is $302,250.00.
Bese Bid Part C consists of about 457 linear feet of 30" fiber reinforced sanitary
sewer pipe and about 420 linear feet of 42" steel casing crossing Crosstown
Expressway complete with manholes. The engineer's estimated construction cost
for Base Bid Part C is $577,745.00.
Additive Alternate I consists of about 1,770 square yards of concrete pavement on
Winnebago Street. The engineeFs estimated construction cost for Additive Alternate
I is $183,892.00.
The project also includes a contract with Goldston Engineering Inc. for a fee not to exceed
$285,140 for construction inspection services (see Exhibit "D" - Contract Summary). The
construction inspection is necessary due to the complexity of this project and the cdtical
nature of the work as well as the bad soil conditions in the project area.
BID INFORMATION: The City received proposals from three (3) bidders on March 23,
2005 (see Exhibit 'B" Bid Tabulation). The total base bids (Parts A, B and C) range from
$8,614,720.50 to $9,677,959.91. The bids for Additive Alternate No. 1 range from
$232,762.00 to $383,170.00.
The Ci~s consultant, Maverick Engineering, and City staff recommend that the Total Base
Bid only (Parts A, B and C) be awarded in the amount of $8,614,720.50 to Jalco Inc. of
Houston, Texas, for the Antelope Street and Salt Flats Area 36-1nclV48-1nch Wastewater
Gravity Interceptor projecl.
I EXHIBIT "A"
I
Page 3 of 4 ,
At this time, Additive Alternate 1 is not being awarded due to the high bid costs, which
ranged from $232,762 to $383,170.
CONTRACT TERMS: The contract specifies that the project will be completed in 360
calendar days, with completion anticipated by April 2006.
EXHIBIT "A" I
Page 4 o1' 4
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EXHIBIT "B"
Page 1 o! 9
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EXHIBIT"B"
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EXHIBIT "B"
Page 5 of 9
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EXHIBIT "B"
Page 6 of 9
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Page 7 of 9
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Page 8 of 9
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IEXHIBIT 'B"
Page 9 o! 9 I
PROJECT BUDGET
ANTELOPE STREET & SALT FLATS AREA
36"/48" WASTEWATER GRAVITY INTERCEPTOR LINE
(Project No. 7302)
Apd119,2005
FUNDS AVAILABLE:
Wastewater ...............................................................
FUNDS REQUIRED:
Construction (Jalco Inc.) ...................................................
Contingencies (10%) ...................................................
Consultant (Maverick Engineering) ...............................
Engineering Reimbursements .......................................
Construction Inspection Activity .....................................
Land Acquisition .....................................................
Misc. (Printing, Advertising, etc.) ....................................
Total ........................................................................
$11,062,405.50
$8,614,720.50
861,472.00
1,378,811.00
33,967.00
142,143.00
23,415.00
7,877.00
$11,062,405.50
EXHIBIT 'C'
.:V~O*,aE~Raeh~Ia~GEN~Was~7302~Pn=f~::~ Budg~ Page I of 1
CONTRACT SUMMARY
Antelope Street and Salt Flats Area 36"/4.8" Westewater Gravity Interceptor Line
City Project No. 7302
1. SCOPE OF PROJECT
Project consists ol~ the construction management of all the above-captioned project,
including but not limited to inspection of approximately 12,400 linear feet of sanitary
sewer in sizes ranging from 8" to 48" and approximately 2,900 linear feet of 8"
waterline, together with all borings, casings, manholes, service connections, valves,
pavement and sudace restoration and all appurtenances as shown on the plans and
called for in the specifications and contract documents.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform design and survey services
necessary to prepare plans, construction bid and contract documents, as described in
Exhibit "A." In addition, NE will provide monthly status updates (project progress or delays,
gantt charts, as requested, presented with monthly invoices) and provide contract
administration services, as described in Exhibit "A" to complete the project.
3. SCHEDULE:
TASK
1~ Construc[ion Phase (52 Weeks)
·
· Warranty Phase (2 weeks)
BEGIN
May 1,2005
April 15, 2007
END
May 1, 2006
May 1,2007
4. FEES:
PROJECT INSPECTOR (P.E.)
$130.00 Per Hour
Hours Total
SECRETARY
$45,00 Per Hour TASK
Hours Total TOTAL
1. CONSTRUCTION PHASE 2,080 $270,400.00
208 $9,360.00 $279,760.00
2. WARRANTY PHASE
40 $5,200.00 4 $180.00 $5,380.00
TOTAL
2,120 $275,600.00 212 $9,540.00 $285,140.00
IEXHIBIT "D" I
Page 1 o1' 1
File : \Mproject\councilexhibit~\exh7302. dwg
LOCATION MAP
NOT TO SCALE
PROJECT SITE ~
LEOPARD
<(
UP
[~ose
Hill
Cemeter'
HOWARD
0
PROJECT LOCATION
CORPUS CHRISTI BAY
AVE
LEIOP/, RD
bJ
N
CITY PROJECT No. 7302
VICINITY MAP
NOT TO SCALE
EXHIBIT 'E'
ANTELOPE STREET AND SALT FLATS AREA
36-1NCH/48-1NCH WA STEWA TER GRAVlTY
INTERCEPTOR PROJECT
CiTY OF CORPUS CHRISTI, TEXAS
CITY OF CORPUS CHRISTI, TEXAS ~
OEPARTMENT OF ENGINEERING SERVICES
PAGE: I of I
____--'-
DATE: 04-05-2005 ~
20
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 04/19/05
AGENDA ITEM: Amending the Corpus Christi Code of Ordinances, Chapter 57,
Vehicles for Hire, Section 57-135, Fares--Amounts, to increase taxicab fares to $2.00
for the first one-fifth mile, providing for severability; providing for publication; and
providing for penalties.
ISSUE: The local taxicab companies requested a review of the ordinance and possible
changes in fees.
REQUIRED COUNCIL ACTION: The request for fare increases from a taxicab
company owner was reviewed by the Police Department. The petitioner's primary
concern is the increased cost of fuel. Their proposal included an increase in the "flag
drop" or initial fee from $1.75 to $2.50 and increasing the cost per 1/5 mile from .35 to
The Police Department is recommending only an increase in the flag drop as this keeps
the City of Corpus Christi in line with other cities in the State comparable to our size.
Attached is a table reflecting our current rates as compared to other Texas cities as
well as the proposed rates by the petitioner.
PREVIOUS COUNCIL ACTION: Changes to the established rates on December 12,
2000 included an increase in the flag drop from $1.50 to $1.75 and an increase in the
cost per 1/5 mile from .30 to .35
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the
ordinance changes.
Chief of P~'-
Attachments:
Survev results
Ordin~nca
CURRENT RATES OTHER TEXAS CITIES -Aprtl 1, 2005
C_ity Flag Mileage Other Cost per-'l/2mile 1mile 5mile 10mile Passe~ge~
r Drop increments Mileage* inc'~lt Fee**
Laredo $ 3.50 1/4 $ 0.35 $ 3.85 $ 4.55 $ 10.15 $ 17.15 $ 1.00
I-Io~sto~
dayrate $2.~0', 1/11 2/i1:$ 0.30 $ 3.40 $4.30 $ 10.90 $ 19.15 None
n' htrate6p-8a $ 350 l' 1Ill 2/11 $ 030 $ 4.40 $ 5.30 $ 11.90 $ 20.15 None
Amarillo ~$ 2.00I I/5 $ ~3:30~ 2.60 $ 3.20 $ 9.20 $ 16.70
Austin ~ ~ 2.00 ~ 1/8~ ~ 0.25 -~'-2.-7,~ $ 3.75 $ 11.75 $ 21.75 None
D~ ~.2_.00i i/4~1 ~ 0.40 $ 2.40 $3.20 $ 9.60 $17.60 $ 2.0~
FortWorth $~i00J 'I/41 $ 0.40 $ 2.40 $ 3.20 $ 9.60 $ 17.60 $ 2.00
Arlington 2.0b i)4T $ 0.40 $ 2.40 $ 3.20 $ 9.60 $17.60 $ ~.~
I_ub~,,.k ~ 1/51 ~ 0.35 $ 2.55 $ 3.25 $ 10.25 $ 19.00[
~C~Hsfi IS 1.75 ~/5 i ~ 0.35 $ 2.45 $ 3.15 $ 10.15 $ 18.90~ $ 0.50
Cab comp proposal $ 2.50 1/5 $ 0.40 $ 3.30 $ 4.10 $ 12.10 $ ~2.10 nochange
PD _r,~' _,',-:~m~;I $ 2.00 1/5 $ 0.35 $ 2.70 $ 3.40 $ 10.4.0 $ 19.15 no change
Brownsville !$ 1.75 1!~i I~ 0.25 $ 2.00 ~ ~.50
dayrate $ 1.76 ~ 1~2~~ ~ _0._30~ ~.~6 ~ 3.5~ ~ 11.30 $ 21.05
~i~[r~t~-5a ~$2.70 1~ ~$ 0.~ $ 360 $ 4.50 $ 12.~ $ ~.~
EI"~ 15 143T 1'5 , t~ 0.35 $ 2.1~ $2.8~--~-~.~ ~8.58
*maeage ~em~_~ange to ~ ~re aEer ~al maeage ~eme~
None
None
0.50
**_Extra Passenger Fee - the amounts ~'ted are added on ~_the taxfl'neter amoLmt at the end of the
Dallas, Fort Worth, Arlington - $2.00 1or each exl]-a passenger. F I
Corpus Christi - for fares co~ec~e-d from passengers picked up at airport only~ --
LE~r;adOso-_$.15.00~)foftreaeach~e axt].?~'a/t~a?~er.~eng~r havin<j the same ~ and migin. _ ......
4,'~o/2005 TAXICABFARES 2005.XLS current
ORDINANCE
AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 57,
VEHICLES FOR HIRE, SECTION 57-135, FARES-AMOUNTS, TO INCREASE
TAXICAB FARES TO $2.00 FOR THE FIRST ONE-FIFTH (1/5) MILE OR
LESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION;
AND PROVIDING FOR PENALTIES.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the Corpus Christi Code of Ordinances, Chapter 57, Vehicles
for Hire, Section 57-135, Fares-Amounts, is hereby amended as follows:
Sec. 57-135. Fares-Amounts.
There is hereby established as the rates of fare for taxicabs within the city limits
of the City of Corpus Christi for one or more persons, not exceeding five (5)
persons, of ono dollar and sovonty five cents ($1.75) for tho first ono fifth (1/5)
mile or less, of two dollars f$2.00) for the first one-fifth ('1/5) mile or less, and
t_hirty_-five c~?ts ($0;35) additional for each succccding one-C~fth (1/5) mile or
fraction thereof.
For each one hour of waiting time, the maximum charge shall be twenty- four
dollars ($24.00), accumulated in increments of forty cents ($0.40) per minute.
The above established rates of fare are the maximum that may be charged,
provided however, for fares collected from passengers picked up at the airpod,
such airport passenger fares may include a fifty cent ($ 0.50) surcharge per fare
oollected from one or more persons not to exceed five (5) persons. Lower rates
may be charged at the option of the taxicab certificate holder.
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 o1: 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 of this ordinance shall be made in one issue of a
newspaper of general circulation in the city in accordance with the requirements
of the Charter of the City of Corpus Christi after which publication this ordinance
shall be in force.
SECTION 4. Violation of this ordinance is an offense, punishable as provided in
section 1-6 of the City Code of Ordinances.
That the foregoing ordinance was read for the first time and passed to its
second reading on this the Day of .2005. by the following
vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
Melody Cooper
Bill Kelly
Jesse Noyola
Jerry Garcia
Mark Scott
John Edward Marez
That the foregoing ordinance was reed for the second time and passed
finally on this the __ Day of .2005. by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
Melody Cooper
Bill Kelly
Jesse Noyola
Jerry Garcia
Mark Scott
John Edward Marez
PASSED AND APPROVED this the __ Day of .2005.
A'I-i'EST:
THE Cl'l'~' OF CORPUS CHRISTI
Armando Chapa, City Secretary
Henry Garrett, Mayor
Legal Form Approved f'//- j-'~ ,2005;
Randy A. Stoneroad. Assistant City Attorney
21
CITY COUNCIL
AGENDA MEMORANDUM
Date: Apd119, 2005
AGENDA ITEM:
Public Hearing to receive public comments regarding the City of Corpus Chdsti's proposed
FY2005 Consolidated Annual Action Plan for the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG)
Programs.
B. Council discussion and possible action on a tentative list of projects/activities to be funded_
ISSUE: HUD regulations require a public headng prior to adoption of the Consolidated Annual
Action Plan.
REQUIRED COUNCIL ACTION: Conduct Public Hearing and tentative approval of
projects/activities.
FUTURE COUNCIL ACTION: Final adoption of ~e FY2005 Consolidated Annual Action Plan.
RECOI~IENDATION: It is recommended that a brief presentation be made to the City Council at
the opening of the public headng so that staff may outline the F-Y2005 Consolidated Annual Action
Plan and recommended programs. Mr. David Bedanga, Chairman of the Planning Commission,
has drafted a memo detailing the Planning Commission's recommended programs that is included
in the agenda packet. After the public hearing is concluded, the City Council may, at their
discretion, undertake discussion and adoption of the tentative list of projects/activities to be funded
under the FY2005 Consolidated Annual Action Plan Program.
Staff and Planning Commission have reached a mutual agreement on all of the recommendations
as indicated on Attachment D with the exception of CDBG Project #4 Business Resource Center,
Project #6 Clearance of Vacant Properties, Project #9 Demolition Program, Project #19 Phase 2
Improvements to the West Oso lSD Tennis Courts, Project #23 Single Family Rehabilitation Loan
Program, Project #27 AVANCE, Inc., Project #34 Mary McLeod Bethune Day Nursery, Project #35
Neighborhood Centers of Corpus ChdstJ, Project #39 Universal Little League, Project M0 Wesley
Community Center and Project ~41 Women's Shelter of South Texa~. /~
-///' ,~t~ Director
3an Wagner, ;DActing
~DDmONAL SUPPORT MATERIAL
Background Information x
BACKGROUNDINFOR~ATION
A one-year Consolidated Annual Action Plan will descdbe the activities and projects to be assisted
with funds received under the CDBG, HOME, ESG and other HUD programs that help to meet
housing and community development objectNes.
The City of Corpus Chdsfi's FY2005 entitlement allocation is $5,855,767 which includes:
$3,882,133 Community Development Block Grant (CDBG)
$1,772,241 HOME Investment Partnerships (HOME)
$150,150 Emergency Shelter Grants (ESG)
$51,243 American Dream Downpayment Initiative (ADDI)
In addition, program income of $800,000 from loans provided during previous CDBG years and
$708,081 of reprogrammed funds are available for the CDBG Program and $24,245 of Demolition
Lien Program Income is also available for the CDBG Program. Therefore, a total of $5,414,459 is
available for the FY2005 CDBG Program. Also, program income of $300,000 from loans provided
dudng previous HOME years and $301,225 of reprogrammed funds is also available for the HOME
Program. The FY2005 entitlement allocation reflects a decrease in the CDBG Program of
$222,867 or 5% reduction, a decrease in the HOME Program of $70,759 or 3% reduction and a
decrease in the ESG program of $4,179 or 2% reduction from last year.
Since 1975, the City of Corpus Christi has been appropriated more than $144 million through HUD
for the CDBG Program which includes over $12.6 million of program income generated through the
vadous programs administered by Neighborhood Services Department.
The HOME Program began in 1992 to help increase and improve affordable housing opportunities.
Total HOME funds of $21.7 million have funded rental and home ownership subsidy programs as
well as rehabilitation and reconstruction of affordable housing.
The ESG Program provides funds to homeless providers to defray the cost of operations and
maintenance of local emergency shelters as well as providing funds for rehabilitation, counseling,
training and other essential services/homeless prevention activities. Since 1987, the City has
received more than $2.07 million in ESG funds.
Public Headn(is/CitJzens Particil3ation Process
The Planning Commission held a public headng on March 18, 2005 and adopted their
recommendations on March 23, 2005. A summary of the proposed plan was published on March
27, 2005 delineating the Planning Commission's recommendations. The City Council public
headng on the FY2005 Consolidated Annual Action Plan has been scheduled to follow the regular
City Council agenda on April 19, 2005. After completion of the public headng, the Council will have
the opportunity to tentatively adopt a list of projects/activities to be funded under the program for
the FY2005 Consolidated Annual Action Plan. Final adoption of the FY2005 Consolidated Annual
Action Plan will be brought before the City Council on April 26, 2005 for approval. Publication of
the final FY2005 Consolidated Annual Action Plan will be published on May 1,2005.
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