HomeMy WebLinkAboutAgenda Packet City Council - 12/20/2005
CITY COUNCIL AGENDA
DECEM BER 20, 2005
Corpus Christi
M-AmericaCiIV
11:45 A.M. - "At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
DECEMBER 20, 2005
10:00 A.M.
PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un inter prete ingles-espanol en todas las juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or seNices are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
A. Mayor Henry Garrett to call the meeting to order.
B. Invocation to be given by Evangelist Napoleon Johnson, Faith Mission Outreach.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro Tern Jerry Garcia
Council Members:
Brent Chesney
Melody Cooper
Bill Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
E. MINUTES:
1. Approval of Regular Meeting of December 13, 2005. (Attachment # 1)
Agenda
Regular Council Meeting
December 20,2005
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2.
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City Council Youth Advisory Committee
Corpus Christi Regional Economic Development
Corporation
Electrical Advisory Committee
Museum of Science and History Advisory Committee
North Padre Island Development Corporation
Transportation Advisory Committee
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G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
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Regular Council Meeting
December 20,2005
Page 3
3. Motion approving a supply agreement with Mueller Company, of
Decatur, Illinois for approximately 6,625 gas meter valves ranging
in size from 1" to 1 %" in accordance with Bid Invitation No. BI-
0024-06 based on low bid meeting specifications for an estimated
annual expenditure of $79,064.50. The term of the supply
agreement will be for twelve months with an option to extend for
up to two additional twelve-month periods subject to the approval
of the supplier and the City Manager or his designee. Funds
have been budgeted by the Gas Department for FY 2005-2006.
(Attachment # 3)
4. Motion approving the purchase of laboratory casework furniture
from VWR International, of Irving, Texas in the amount of
$83,284.06. The equipment will be used by the Health
Department and is purchased in accordance with the State's
Cooperative Purchasing Program. Funds are available from the
Health Department Bioterrorism Preparedness Grant Fund.
(Attachment # 4)
5. Motion approving a supply agreement with AMTEX Security, Inc.,
of Corpus Christi, Texas for Uniformed Guard Security Services
for Corpus Christi International Airport (CCIA) in accordance with
Bid Invitation No. BI-0018-06 based on low bid meeting
specifications for an estimated annual expenditure of $86,870.
The term of the contract is for twelve months with an option to
extend for up to two additional twelve-month periods subject to
the approval of the contractor and the City Manager or his
designee. Funds have been budgeted by the Aviation
Department in FY 2005-2006. (Attachment # 5)
6. Motion approving the lease purchase of one (1) aerial ladder truck
and one (1) 2000 GPM pumper truck from Siddons Fire
Apparatus, of Manor, Texas for the total amount of $1 ,043,719,
of which $14,318.18 has been budgeted for FY 2005-2006. The
award is based on the cooperative purchasing agreement with the
Houston Galveston Area Council of Governments (HGAC).
These units are replacements. Financing will be provided through
the City's lease/purchase financing program with an initial
payment scheduled for July 2006. (Attachment # 6)
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Regular Council Meeting
December 20,2005
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7. Motion approving the purchase of traffic signal equipment from
the following companies for the following amounts, in accordance
with the State of Texas cooperative purchasing program for a
total price of $208,097.70. The traffic signal equipment will be
used by the Street Department to monitor and control traffic
signals at signalized intersections. Funds have been budgeted
by the Street Department in FY 2005-2006. (Attachment # 7)
Paradigm Traffic
Fort Worth. Texas
Item No.: 1-9
$141,290
Control Technologies
T omball , Texas
Item No.: 10-12
$66,807.70
Grand T atal: $208,097.70
8.a. Motion adopting the timetable for the FY2006 Consolidated
Annual Action Plan that is the planning and application process
for the Community Development Block Grant (CDBG), HOME
Investment Partnerships (HOME) and Emergency Shelter Grants
(ESG) Programs. (Attachment # 8)
B.b. Resolution amending Council Policy No.9, entitled COMMUNITY
DEVELOPMENT BLOCK GRANT & HOME PROGRAMS, by
adding language relating to the creation of jobs; and reaffirming
the objectives and guidelines of the policy. (Attachment # 8)
9.a. Motion authorizing the City Manager or his designee to amend
the scope of work with Corpus Christi Metro Ministries, Inc., for
funds provided from the FY2005 Community Development Block
Grant (CDBG) Program. (Attachment # 9)
9.b. Motion authorizing the City Manager or his designee to amend
the scope of work with Corpus Christi Metro Ministries, Inc., for
funds provided from the FY2005 HOME Program. (Attachment
# 9)
10.a. Resolution authorizing the City Manager or his designee to submit
a grant application to the Coastal Bend Council of Governments
in the amount of $27,733.33, for a third year of grant funding for
an Assistant Compliance Officer salary, with a City Match of
$2,500 in the No. 1020 General Fund, and a total project cost of
$30,233.33. (Attachment # 10)
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December 20,2005
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10. b. Resolution authorizing the City Manager or his designee to submit
a grant application to the Coastal Bend Council of Governments
in the amount of $4,500 to pay for the disposal of scrap tires
collected through the Neighborhood Initiative Program.
(Attachment # 10)
10.c. Resolution authorizing the City Manager or his designee to submit
a grant application to the Coastal Bend Council of Governments
in the amount of $10,000 to develop a Community Media
Outreach Campaign for the City's Anti-Litter Ordinance, with a
City match of $10,000 in the No. 1020 General Fund, and a total
project cost of $20,000. (Attachment # 10)
10.d. Resolution authorizing the City Manager or his designee to submit
a grant application to the Coastal Bend Council of Governments
in the amount of $40,000, to purchase new used-oil collection
units and HHW Storage Modules for the new Citizen's Collection
Station at the J. C. Elliott Landfill. (Attachment # 10)
11 Motion authorizing the City Manager or his designee to execute
an amendment to the Put/Pay Contract with Dawson Recycling,
Inc., of Gregory, Texas offering a 15% discount off the contract
rate when more than 33% of additional tonnage over the base
2,145 tons is delivered in a contract year. (Attachment # 11)
12. Resolution authorizing the City of Corpus Christi Parks and
Recreation Department to submit a bid for the 2010 Joint Institute
and Trade Show of the Texas Recreation and Park Society and
the Texas Parks and Wildlife Department to be held in Corpus
Christi, March 8 through March 13, 2010; and dedicating City
resources and the commitment of the American Bank Center for
a total cost of $20,000 to support the bid. (Attachment # 12)
13, Ordinance appropriating $30,000 from the unappropriated fund
balance in the Maintenance Services Fund No. 5110 for asbestos
removal from the City facility located at 1409 Leopard Street
(a.k.a. the Sears Building); amending annual budget adopted by
Ordinance 026385 by increasing appropriations by $30,000.
(Attachment # 13)
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Regular Council Meeting
December 20, 2005
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14. Motion authorizing the City Manager or his designee to execute
a construction contract with Coastal Resources, of Corpus Christi,
Texas in the amount of $627,174.20 for the Concrete Lined
Channel Rehabilitation: Airport Ditch, Phase 2. (Attachment
#14)
15. Motion authorizing the City Manager or his designee to execute
Change Order NO.1 with Robles & Sons, Inc., of Cibolo, Texas
in the amount of $58,488 for a construction contract for the
Corpus Christi International Airport Air Traffic Control Tower
Demolition Project for total restated contract amount of $333,488.
(Attachment # 15)
16 Resolution authorizing the City Manager or his designee to
execute two Interlocal Government Agreements with the San
Patricio Municipal Water District for construction and
maintenance of a new bridge crossing Hondo Creek and for
maintenance of a 60-foot wide road to the City's proposed water
pumping plant, both pending acquisition of an access easement
from Koch Pipeline Co. L.P., all in connection with the Rincon
Bayou Diversion Pipeline Project. (Attachment # 16)
17 Motion authorizing the City Manager to execute a Deferment
Agreement with Mr. Wayne Vann, President of the Navy-Army
Credit Union (Developer) in the amount of $47,721.85 for the
installation of public water lines to serve Cullen Place, Blocks B-
2A, B-2B, and B-2C located east of Airline Road and south of
Alameda Street, in accordance with the Platting Ordinance
Section V-Required Improvements, Subsection A.3.(b).
(Attachment # 17)
18 Motion authorizing the City Manager to execute a Deferment
Agreement with Corpus Christi Housing Finance Corporation,
(Developer), in the amount of $95,018.74 for the installation of
public water lines to serve West Park Addition Lots 2 and 3
located west of McBride Lane and north of Hampshire Road, in
accordance with the Platting Ordinance Section V-Required
Improvements, Subsection A.3.(b). (Attachment # 18)
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December 20,2005
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19. Motion authorizing the City Manager to execute a Deferment
Agreement with Mr. James P. Charnquist, (President) of Sage
Properties and developer of Bay Vista Apartments, in the amount
of$107, 101.69forpublicimprovements including curb, gutterand
sidewalks, sanitary and storm sewer lines and water main to
serve Furman Addition, Lots 1-11, Block 2 and portion of Bay
View Avenue Subdivision, in accordance with the Platting
Ordinance Section V-Required Improvements, Subsection
A.3.(b). (Attachment # 19)
20. Ordinance abandoning and vacating an 82.50-square foot portion
of a 5-foot wide utility easement out of Lot 5, Block 3, Wood River
Unit 15, approximately 300 feet east of East Riverview Drive and
at the intersection of Bedrock Drive and Big Cyprus Bayou Drive;
requiring the owner Bayport Development, I nc. to comply with the
specified conditions. (Attachment # 20)
21 Ordinance abandoning and vacating a 612.70-squarefoot portion
of a 1 O-foot wide drainage easement out of Lot 15, Block 1, River
Canyon Unit 1, approximately 700-feet north of Teague Lane and
west of and adjacent to Catfish Drive; requiring the owner to
comply with the specified conditions. (Attachment # 21)
22. Ordinance abandoning and vacating a 716. 70-square foot portion
of a 1 O-foot wide drainage easement out of Lot 30, Block 1, River
Canyon Unit 2, approximately 750-feet north of River Canyon
Drive and east of and adjacent to Rolling Ridge Trail; requiring
the owner to comply with the specified conditions. (Attachment
# 22)
23. First Reading Ordinance - Regarding delinquent personal
property tax penalty. (Attachment # 23)
24. Second Reading Ordinance - Amending the 1969 Master Plan for
Storm Drainage for the Area West of Clarkwood Road and the
Flour Bluff Area of the City of Corpus Christi, Texas to add a
Master Plan culvert crossing Flour Bluff Drive approximately 550
feet south of the intersection of Cornerstone Drive and Flour Bluff
Drive; increase the drainage basin boundary, basin EA-C-2, by
approximately 13 acres; and realign the master channel with
underground culvert through Cornerstone Unit 3 Subdivision.
(First Reading 12/13/05) (Attachment # 24)
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December 20,2005
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25~ Second Reading Ordinance - Amending the 1965 Master Sanitary
Sewer Plan for the Flour Bluff Area by increasing wastewater
Basin 3-B-1 by 28.4 acres now served by Flour Bluff Lift Station
No. 1086. The 28.4 acres will be served by a new 10-inch PVC
sanitary sewer collection line located between Don Patricio Road
and the extension of Division Road, approximately 1,375 linear
feet south east of and parallel to Flour Bluff Road. (First Reading
12/13/05) (Attachment # 25)
26. Second Reading Ordinance - Amending the Corpus Christi Code
of Ordinances, Chapter 57, Vehicles for Hire, Section 57-88, Age
of Vehicle, to increase the maximum age of a taxicab already in
service from eight (8) years to ten (10) years; Section 57-97,
application for taxicab driver's permit, to provide for a temporary
permit upon finding that the applicant's criminal background
check comports with the requirements found at Section 57-98;
providing for penalties. (First Reading 12/13/05) (Attachment
# 26)
I. PUBLIC HEARINGS:
27.a. Public hearing for proposed transfer of funds from the Sanitary
Sewer Trunk System Trust Fund No. 4220-25041 0 to the Sanitary
Sewer Collection Line Trust Fund No. 4220-250420 in
accordance with Section V.B.6(h) of the Platting Ordinance.
(Attachment # 27)
27.b. Ordinance appropriating and approving the transfer of $800,000
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) ofthe Platting
Ordinance to establish sufficient funds in the Collection Line Trust
Fund to carry out the purpose of the Platting Ordinance.
(Attachment #27)
27.c. Motion approving the Sanitary Sewer Collection Line Extension
Construction and Reimbursement Agreement submitted by Ford
Tex Operating, developer of Saratoga Center, Lot 15, Block 1
(Montana Mike's Steakhouse) located east of South Staples
Street and south of Saratoga Boulevard for the installation of a
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12-inch over-size, over-depth PVC sanitary sewer collection line
along the east side of South Staples Street between the City's Lift
Station #5 and extending 664 linear feet south to a proposed
manhole near the south property line of Saratoga Center, Lot 16,
Block 1. (Attachment # 27)
27.d. Ordinance appropriating $153,922.48 from the Sanitary Sewer
Collection Line Trust Fund No. 4220-250420 to pay Ford Tex
Operating, for the installation of 664 linear feet over-size, over-
depth 12-inch PVC sanitary sewer collection line as specified in
the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement to develop Saratoga Center, Lot 15,
Block 1 (Montana Mike's Steakhouse). (Attachment # 27)
28.a. Public hearing to consider an ordinance amending the Zoning
Ordinance by adding Section 26-9 to allow for development of
single family dwellings on non-conforming lots of record.
(Attachment # 28)
28.b. First Reading Ordinance - Amending the Zoning Ordinance by
adding Section 26-9 to allow for development of single family
dwellings on non-conforming lots of record. (Attachment # 28)
29.a. Public hearing to consider amending the 1961 Master Plan for
Storm Drainage for the Area South and West of the City of
Corpus Christi to extend Master Channel 27 from Airline Road
west to Cimarron Boulevard and expand the Master Channel 27
drainage basin to 1,137 acres for a 100 year design. (Attachment
# 29)
29.b. First Reading Ordinance - Amending the 1961 Master Plan for
Storm Drainage for the Area South and West of the City of
Corpus Christi, Texas to extend Master Channel 27 from Airline
Road west to Cimarron Boulevard and reconfigure Master
Channel 27 drainage basin. (Attachment # 29)
30.a. Public hearing to consider and nominate applications to the Office
of the Governor for Renewal Community Commercial
Revitalization Deduction Allocations and consider the Corpus
Christi Commercial Revitalization Local Strategic Plan.
(Attachment # 30)
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30.b. Resolution nominating a project to the Office of the Governor for
Renewal Community Commercial Revitalization Deductions.
(Attachment # 30)
30.c. Resolution adopting the Corpus Christi Commercial Revitalization
Local Strategic Plan. (Attachment # 30)
ZONING CASES:
31 Case No. 1105-02. JJAR Development. LLP.: A change of zoning
from "F-R" Farm-Rural to a "R-1 B" One-family Dwelling District.
The property is 22.386 acres out of Lot 26 and 27, Section 26,
Flour Bluff and Encinal Farm and Garden Tract; located at Slough
Road and approximately 3000 feet east of Rodd Field Road.
(Attachment # 31 )
Planning Commission and Staff's Recommendation: Approval of
a "R-1 B" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by JJAR
Development, LLP., by changing the zoning map in reference to
22.386 acres out ofthe Flour Bluff and Encinal Farm and Garden
Tract, Lot 26 and 27, Section 26, from "FR" Farm-Rural District to
"R-1 B" One-family Dwelling District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
32 Case No. 1105-05. David Z. Conoly: A change of zoning from a
"R-1 B" One-family Dwelling District to a "F-R" Farm-Rural District.
The property is in Flour Bluff and Encinal Farm and Garden
Tracts, Lot 20, Section 40, save and except 5.364 acres of
property of Right-of-Way, City of Corpus Christi, located along
Glenoak Drive, South of the Oso Creek, and approximately 1 ,350
feet east of Roscher Road. (Attachment # 32)
Planning Commission and Staff's Recommendation: Approval of
a "F-R" Farm-Rural District.
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ORDI NANCE
Amending the Zoning Ordinance, upon application by David Z.
Conoly, by changing the zoning map in reference to Flour Bluff
and Encinal Farm and Garden Tracts, Lot 20, Section 40, save
and except 5.364 acres of property right-of-way, City of Corpus
Christi, from "R-1 B" One-family Dwelling District to "F-R" Farm-
Rural District; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
33. Case No. 1105-06. Orion Drilling Company: A change of zoning
from an "1-2" Light Industrial District to an "1-3" Heavy Industrial
District. The property is .0024 acres out of 6.40 acres out of
Roblex Industrial Area, Lot 21, Block 6, located north of Bates
Drive and east of Flato Road. (Attachment # 33)
Planning Commission and Staffs Recommendation: Denial of
"1-3" Heavy Industrial District and in lieu thereof, approval of an
"1-2" Light Industrial District with a Special Permit subject to
approval from Zoning Board of Adjustment and yearly inspections
by the Fire Marshall.
ORDINANCE
Amending the Zoning Ordinance, upon application by the Orion
Drilling Company, by changing the zoning map in reference to
.0024 acre of 6.40 acres of Roblex Industrial Area, Lot 21, Block
6, (currently zoned "1-2" Light Industrial District) by granting a
special permit for a 2,000 gallon above ground fuel tank, subject
to two (2) conditions and a site plan; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
34. Case No. 1105-07. Arriba Development: A change of zoning from
a "R-1 B" One-family Dwelling District to a "B-4" General Business
District. The property is a vacant tract of land located north of Up
River Road and Interstate 37 at the intersection of Session Road.
(Attachment # 34)
Planning Commission: Approval of a "B-4" General Business
District.
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December 20,2005
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Staffs Recommendation: Denial of the "B-4" General Business
District, and in lieu thereof, approval of a "B-1" Neighborhood
Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Arriba
Development by changing the zoning map in reference to 2.5
acres out of B.S. & F. Survey 419, Abstract 570, Nueces County,
from "R-1 B" One-family Dwelling District to "B-4" General
Business District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
35. Case No. 1105-01. First Family Church of Corpus Christi: A
change of zoning from a "R-1 B" One-family Dwelling District to an
"1-2" Light Industrial District. The property is 6.76 acres out of
Block 1, Lot 1, First Family Church Tract, located north of Up
River Road, south of Interstate Highway 37, 350 feet east of
Carbon Plant Road and 3,100 feet west of Rand Morgan Road.
(Attachment # 35)
Planning Commission: Denial of the "1-2" Light Industrial District.
Staffs Recommendation : Denial of the "1-2" Light Industrial
District and in lieu thereof, approval of a "B-1 A" Neighborhood
Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by First Family
Church of Corpus Christi by changing the zoning map in
reference to 6.76 acres out of Block 1, Lot 1, First Family Church
Tract, from "R-1 B" One-family Dwelling District to "1-2" Light
Industrial District; amending the Comprehensive Plan to account
for any deviations from the existing Comprehensive Plan.
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
36. Results of 2005 Festival by Bayfest Organizers (Attachment
#36)
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December 20,2005
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Update on Municipal Coliseum Proposed Re-Use and
Rehabilitation (Attachment # 37)
K.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
38, 10:00 A.M. - Ordinance repealing Ordinance 026526 which
amended the Code of Ordinances, City of Corpus Christi, Chapter
10, Beachfront Management and Construction, regarding the
elimination of vehicular traffic on the beach seaward of the Padre
Island Seawall, the direction of travel between Whitecap
Boulevard and Padre Balli Park; establishing a pedestrian safe
area. (Attachment # 38)
39 Motion approving a recycling service contract with Dolphin
Recycling, of Corpus Christi, Texas for the intake and processing
of residential recyclable materials in accordance with Request for
Proposal No. BI-O 140-05, based on the only proposal received for
an estimated annual revenue of $54,381.20. The term of the
contract shall be for five years with an option to extend the
contract for up to three additional five-year periods, subject to the
approval of the supplier and the City Manager or his designee.
(Attachment # 39)
40. Motion authorizing the City Manager or his designee to execute
Amendment NO.5 to the Contract for Professional Services with
LNV Engineering, of Corpus Christi, Texas in the amount of
$1,894,815 for a total re-stated fee of $3,074,465 for the Water
System Interactive Hydraulic Model and Analysis to include the
following projects: (Attachment # 40)
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Southside Transmission Main, Phase 7
Southside Transmission Main, Phase 8
Padre Island Elevated Storage Tank (1.0 MG)
On-Going Modeling Support
System Operational Protocol
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L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA Will BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCil MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made of the meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
or other information pertaining to your subject, please present it to the City
Secretary. )
Si usted se dirige a la junta y cree que su ingles es Iimitado, habra un inter prete
ingles-espanol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERA TE, 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.
M. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
N. 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 offuture Council meetings and activities; and
other brief discussions regarding city-related matters.
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December 20, 2005
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41 CITY MANAGER'S REPORT
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Upcoming Items
42. MAYOR'S UPDATE
43. COUNCIL AND OTHER REPORTS
O. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to City Hall, 1201 Leopard Street, at 8: 00 p.m., December 16. 2005.
~
Armando Chapa
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
1
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
Regular Meeting
December 13, 2005 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tern Jerry Garcia
Council Members:
Brent Chesney
Rex Kinnison
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
ABSENT
Melody Cooper
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Allen Mosiman with Parkway Presbyterian
Church and the Pledge of Allegiance to the United States flag was led by Council Member
Noyola.
Mayor Garrett called for approval of the minutes of the regular Council meeting of
November 15, 2005. A motion was made, seconded, and passed to approve the minutes as
presented.
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 2 - 24). City
Secretary Chapa announced that Council Member Scott was abstaining from the vote and
discussion on Item 17. Council members requested that Item 6 be pulled for individual
consideration. There were no comments from the public.
A motion was made, seconded, and passed to approve Items 2 through 24, constituting
the consent agenda, except for Item 6, which was pulled for individual consideration. City
Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 13,2005 - Page 2
2.a. RESOLUTION NO. 026553
Resolution authorizing the City Manager or his designee to accept a grant from the
Department of State Health Services in the amount of $108,430 for the elimination and
control of tuberculosis in Nueces County.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
2.b. ORDINANCE NO. 026554
Ordinance appropriating a grant of $108,430 from the Department of State Health
Services in the No. 1066 Health Grants Fund for the elimination and control of
tuberculosis in Nueces County.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye": Cooper was absent.
).a. RESOLUTION NO. 026555
Resolution authorizing the City Manager or his designee to execute a state funded grant
agreement with the Texas Commission on Environmental Quality in the amount of
$884,600 for air quality planning activities.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
J,b. ORDINANCE NO. 026556
Ordinance appropriating $884,600 from the Texas Commission on Environmental
Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning
acti vities.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye": Cooper was absent.
Minutes - Regular Council Meeting
December 13, 2005 - Page 3
4 MOTION NO. 2005-408
Motion authorizing the City Manager or his designee to execute an annual joint funding
agreement with the United States Geological Survey (USGS), United States Department
of the Interior, for the continuation of surface water data collection and limited studies by
the USGS for the City's water supply activity; and providing for the City to pay the
USGS the amount $229,310, out of a total project cost of $288,070 during the federal
fiscal year October 1, 2005 through September 30, 2006.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
) MOTION NO. 2005-409
Motion authorizing the City Manager or his designee to extend the Software Maintenance
Agreement with Infosol, Inc., of BelIaire, Texas for one year in an amount not to exceed
$41,299.05 for support of the CourtHouse software currently being utilized by the
Municipal Court.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
7 MOTION NO. 2005-411
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Maverick Engineering, of Corpus Christi, Texas
in the amount of $73,912 for a total restated fee of $1,433,911 for the Cimarron
Boulevard Street Improvement Project.
* Phase 1 - from Saratoga to Yorktown
* Phase 2 - from Yorktown to Bison
For additional design work on Phase 2 (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
Minutes - Regular Council Meeting
December 13,2005 - Page 4
8 MOTION NO. 2005-412
Motion authorizing the City Manager or his designee to execute Amendment No. 13 to
the Contract for Professional Services with LNV Engineering, of Corpus Christi, Texas
for a total fee of $90,860 for a total re-stated contract fee of $2,943,467.21 for the O.N.
Stevens Water Treatment Plant Wash Water System Project.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly. Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
9 MOTION NO. 2005-413
Motion authorizing the City Manager or his designee to execute Amendment No.4 to the
Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the
amount of $352,150 for a total re-stated fee of $659,600 for the Oso Water Reclamation
Plant StructurelProcess Improvements Clarifier Bridges/Aeration BasinlFine Bubble
Di ffuser.
fhe foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
10. MQTION NO. 2005-414
Motion authorizing the City Manager or his designee to execute a construction contract
with A. Ortiz Construction, of Corpus Christi, Texas in the amount of $36,354 for the
Fire Station No.3 Concrete Drive Repairs 2005.
[he foregomg motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
11. MOTION NO. 2005-415
Motion authorizing the City Manager or his designee to execute Change Order No.3 with
Jako, Inc., of Houston, Texas in the amount of $248,770.55 for the Antelope/Salt Flats
Area 36"/48" Wastewater Gravity Interceptor Line.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
Minutes - Regular Council Meeting
December 13, 2005 - Page 5
] 2 MOTION NO. 2005-416
Motion authorizing the City Manager or his designee to execute Change Order No.1 to
increase the Enterprise Products pipeline adjustment allowance in the amount of
$159,965 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F.
Valenzuela Landfill Site Development Project.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
] 3. MOTION NO. 2005-417
Motion authorizing the City Manager or his designee to authorize payment for adjustment
of an eight (8") pipeline in the amount of $32,011 with Duke Energy, Inc., of Charlotte,
North Carolina for the Cefe F. Valenzuela Landfill Site Development Project.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
14. MOTION NO. 2005-418
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Architectural Services Contract with Chuck Anastos Associates, Inc., of Corpus Christi,
Texas in the amount of $5,000 for a total contract amount of $30,000 for the Water
Department Buildings Architectural Condition Survey.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
15. MOTION NO. 2005-419
Motion authorizing the City Manager or his designee to increase the escrow amount of
the Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT) for Change Order No. 13 in the amount of $240,710.27 for construction of
barrier free ramps and sidewalks at selected street locations associated with the Sidewalk
Accessibility Improvements project.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
Minutes - Regular Council Meeting
December 13, 2005 - Page 6
J 6. MOTION NO. 2005-407
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract with Bryan L. Holmes, Manager of Nueces Real Estate Management Company,
LLC, as General Partner of Nueces Real Estate Partnership, LP in the amount of $73,535
plus $1,500 in closing costs, for the purchase of fee simple property rights to 2.101 acres
out of Lot 1, Section 11, Bohemian Colony Lands, located southwest of Saratoga
Boulevard between Everhart Road and Sanders Drive in connection with the Club Estates
Channel Improvements, Phase 2, Project (#2238) and for other municipal purposes.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
17. MOTION NO. 2005-420
Motion authorizing the City Manager or his designee to execute a Real Estate Sales
Contract with Johnston Family Investments, Ltd., in the amount of $25,000 plus $1,000
in closing costs, for the purchase of fee simple property rights for Parcel 532, being all of
Lot 8, Block 2, Kingswood Addition, necessary for the Southside Water Transmission
Main, Phase 5, Project (#8391), and for other municipal purposes.
fhe foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye"; Cooper was absent;
Scott abstained.
18, ORDINANCE NO. 026557
Ordinance authorizing the City Manager or his designee to execute a five-year Grazing
Lease with RWT Cattle Company for 92.538 acres of City property known as the
Westside Landfill located at Carbon Plant Road and Hearn's Ferry Road, for cattle
grazing and approving the rental fee of $1 per year and the construction of 3,755 linear
feet of stock fence by the tenant, valued at $6,000 which will remain the property of the
City at the end of the lease term.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 13, 2005 - Page 7
19. ORDINANCE NO. 026558
Ordinance amending the Code of Ordinances, Chapter 53 -Traffic, by revising Section
53-255, Schedule VI, decrease of state law maximum speed limit, by lowering the speed
limit on Elizabeth Street from 30 MPH to 20 MPH from 100 feet west of the center line
of Ocean Drive to a point 75 feet east of the center line of Third Street; and providing for
penalties.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
20. ORDINANCE NO. 026559
Ordinance amending the Code of Ordinances, Chapter 53 - Traffic, by revising Section
53-255, Schedule VI, decrease of state law maximum speed limit, by lowering the speed
limit on Spohn Drive from 30 MPH to 20 MPH from Spohn South Drive to a point 900
feet east of the east right-of-way line of Spohn South Drive; and providing for penalties.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
2\ .a. MOTION NO. 2005-421
Motion approving the Arterial Transmission and Grid Main Construction and
Reimbursement Agreement submitted by C.c.T. Navigation-Cameron, LP, owner and
developer of Navigation Pointe, Block 1, Lot 1, located west of Navigation Boulevard
and south of Bates Drive for the installation of 464 linear feet of a 12-inch PVC water
grid main.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
21.b. ORDINANCE NO. 026560
Ordinance appropriating $35,308.38 from the Arterial Transmission and Grid Main Trust
Fund No. 209010-4030 to pay C.C.T. Navigation-Cameron, L.P.'s (Developer)
reimbursement request for the installation of 464 linear feet of a 12-inch PVC water grid
main as specified in the Transmission and Grid Main Construction and Reimbursement
Agreement to develop Navigation Pointe, Block 1, Lot 1.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 13,2005 - Page 8
y)
~L.a.
MOTION NO. 2005-422
Motion approving the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement with c.c.T. Navigation-Cameron, LP, developer of
Navigation Pointe, Block 1, Lot 1 located west of Navigation Boulevard and south of
Bates Drive for the installation of 1,600 linear feet of off-site IS-inch sanitary sewer
collection line.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
22.b. ORDINANCE NO. 026561
Ordinance appropriating $110,141.25 from the Sanitary Sewer Collection Line Trust
Fund No. 4220-250420 to pay C.C.T. Navigation-Cameron, L.P. (Developer) for the
installation of 1,600 linear feet of off site IS-inch sanitary sewer collection line as
specified in the Sanitary Sewer Collection Line Extension Construction and
Reimbursement Agreement to develop Navigation Pointe, Block 1, Lot 1.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
)^'
~-' .
ORDINANCE NO. 026562
Ordinance amending Ordinance No. 16561 relating to the closing and abandoning of a
sixty foot (60') wide public street on Corpus Christi Beach designated as Dickinson
Street, from Surfside Boulevard to North Shoreline Boulevard to remove the visual
corridor plat requirement of section 1 (c) thereof and to add a plat statement indicating
the utility lines within the vacated and abandoned public street are private utilities.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye": Cooper was absent.
24.a. ORDINANCE NO. 026563
Amending the Rodd Field Public Improvement District boundary map, approved by
Ordinance No. 025496, to redraw the boundary to include approximately 3.46 additional
acres and to modify the preliminary assessment roll. (First Reading 11/15/05)
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
Minutes - Regular Council Meeting
December 13,2005 - Page 9
24.b. ORDINANCE NO. 026564
Authorizing and levying the assessment amount of $790,300 as a special assessment to
the property owners as their portion of the costs for the public improvements to the
property within the Rodd Field Public Improvement District. (First Reading 11/15/05)
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
24.c ORDINANCE NO. 026565
Specifying the payment of the assessment to each property owner to be paid with regular
yearly installments over a period often (10) years at an interest rate not to exceed one-
half (12) of one (1) percent higher than the actual interest rate paid on the public debt used
to finance the improvements. (First Reading 11/15/05)
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott,
voting "Aye"; Cooper was absent.
Mayor Garrett opened discussion on Item 6 regarding a professional services contract for
the renovation of senior and recreation facilities as part of Bond Issue 2004. Mr. Marez stated a
constituent had requested that the city erect a flagpole at Broadmoor Senior Center so
participants could honor their war veterans. He said the participants at Broadmoor Senior Center
often felt their center was ignored compared with the larger centers. City Manager Noe said he
would look into the matter.
h MOTION NO. 2005-410
Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the
Contract for Professional Services with Roots/Foster Associates, Inc. of Corpus Christi,
fexas in the amount or $150,385 for a total re-stated fee of $158,710 for the Renovation
of Senior and Recreation Facilities City-Wide. (BOND ISSUE 2004)
*
Renovations and Maintenance Improvements to Facilities:
· Lindale Recreation Center
· Joe Garza Recreation Center
· Oak Park Recreation Center
· Oso Recreation Center
· T.C. Ayers Recreation Center
· Ethel Eyerly Community Center
· Northwest Senior Center
*
Parking Lot Improvements:
· OveaI Williams Senior Center
· Lindale Senior Center
Minutes - Regular Council Meeting
December 13,2005 - Page 10
· Greenwood Senior Center
· Zavala Senior Center
· Heritage Park Facility
*
ADA Compliance, Maintenance Improvements and Enhancements:
· Collier Pool
· Greenwood Pool
· H.E.B. Pool
· Joe Garza Pool
· Oso Pool
· Parker Pool
· Violet Pool
· T.C. Ayers Pool
· West Guth Pool
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
* * * * * * * * * * * * *
Mayor Garrett deviated from the agenda and referred to Item 31, a presentation on the
17th Annual Feast of Sharing celebration. Assistant to the Mayor Diana Zertuche Garza
introduced Ms. Shelley Parks with H-E-B, who briefed the Council on the event. Ms. Parks
stated the Feast of Sharing would take place on December 24, 2005 at the American Bank Center
Convention Center from 11 :00 a.m. to 3 :00 p.m. She said Mr. Eddie Garcia, an H-E-B partner,
began the Feast of Sharing event 17 years ago because he recognized the need to aid those less
fortunate in the community during the holidays.
Ms. Terri Cardona with SMG thanked the city for including the American Bank Center
Convention Center in this holiday tradition. Master of Ceremonies Judge Richard S. Schmidt
encouraged everyone to attend the event. Finally, Mrs. Mata, a long-time volunteer, discussed
her family's experiences volunteering for the event.
Finally, Ms. Garza provided a series of phone numbers individuals could call for more
mformation as follows: to volunteer - 887-8282, ext. 10 or 19; home deliveries - 826-3150 by
December 20; and general information - 826-3102. She also recognized Mr. Julio Wilmont with
the R.TA and mentioned that the RT A was providing free bus service to the event.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 33, a presentation regarding water issues legislation
discussed in the previous State legislative session and possible issues in the upcoming 2007
legislative session. Special Assistant to the City Manager Tom Utter remarked that Item 33 and
Item 34, the appointment of five directors to the Corpus Christi Aquifer Storage and Recovery
Conservation District, were related items. He introduced State Representative Vilma Luna, the
Minutes - Regular Council Meeting
December 13, 2005 - Page 11
area's water issues representative; Mr. Ron Lewis, water lobbyist; and Mr. Tim Brown, water
Issues attorney.
Representative Luna briefed the Council on the Aquifer Storage and Recovery (ASR) bill
that was passed in the legislature last session. She said it was progressive, one-of-a-kind
legislation that would aid the area's long-term water planning. While the ASR technology is not
new, it was emerging technology. She stated the ASR legislation would reverberate throughout
the State as other governmental entities sought to use this technology to enhance their water
rights.
Representative Luna stated it was important to scrutinize all proposed water legislation
carefully to ensure that it would not adversely impact our region, and a team approach was the
best strategy to this end. She thanked Mr. Utter, Mr. Lewis, and Mr. Brown as well as city staff
for their efforts. In addition, she reported that the Texas Water Development Board received an
appropriation to further pursue desalination projects in the State.
The Council thanked Representative Luna for her strong leadership and for efforts to
protect the area's interests in the legislature.
Mr. Ron Lewis, the City's water lobbyist, thanked the Council for the opportunity to
speak with them today. He emphasized that Representative Luna was truly a powerful member
of the State House, and had used her influence to benefit her district as well as the State. He said
Jfhe had to pick two areas of the State that had planned well for their long-term water needs, he
would name Corpus Christi and the Dallas/Fort Worth metroplex. He commended the City for
Its water planning efforts to date, and challenged the City to continue to be the leader in water
planning for the South Texas region. Ultimately, the City could become the crossroads for
selling water to the Rio Grande Valley area and other areas that had not adequately planned for
their long-term water needs
In response to Mr. Scott's question, Mr. Lewis said the Governor was preparing to
appoint an Instream Flow Committee tasked with balancing the needs of the environmental
community with the needs of citizens and industry. Their task would be to determine the
minimum amount of water discharges needed to sustain the bays and estuaries while meeting
human and industry needs. He said this committee had the potential to adversely impact the
City's water rights, and the team would have to keep a close eye on its activity.
Mr. Garcia asked questions about water rights and the future of desalination, Mr. Lewis
stated he doubted whether politically, water rights would be sold, traded or bargained in the
future. Water may be stolen, but not the water rights. He said the Governor was in strong
support of proceeding with a desal pilot project. However, Mr. Lewis did not feel desal was the
answer to the State's future water needs; rather, this technology needed to be blended with other
methods such as pipelines and water sales. He strongly encouraged the City to continue to take
the lead in aggressively pursuing opportunities to acquire other water resources that they could
sell to other areas in need.
Mr. Scott agreed with Mr. Lewis' belief that the City should try to acquire additional
water to sell to other regions that need it to benefit the area. He said, however, that the concern
Minutes - Regular Council Meeting
December 13, 2005 - Page 12
among the area's constituents was that if the City were to enter into contracts with larger cities
and regIOns to provide water, the larger cities would use their political clout to keep the water
once the contract was over. Mr. Lewis replied the best protection would be to only enter into
long-term contracts of at least 100 years. If the City were to require long-term contract with
significant financial investments, then if the larger cities were to usurp the water at the end of the
contract, it probably wouldn't matter anyway.
In conclusion, Mr. Tim Brown. the City's water attorney, provided a brief history on the
City's successful bid to acquire the water rights needed to meet the area's long-term water needs.
He said the ASR District was the next step in the process, and he heralded the District as an
innovation since it was the first of its kind in Texas. He said he was here to celebrate the
implementation of the ASR District, and thanked Representative Luna and Mr. Lewis for their
efforts to pass the legislation through both houses of the legislature. He also complimented the
Council and the City for their foresight.
Mayor Garrett opened discussion on Item 34, the implementation of the Aquifer Storage
and Recovery (ASR) District. There were no comments from the audience. City Secretary
Chapa polled the Council for their votes as follows:
34. MOTION NO. 2005-423
Motion authorizing the appointment of the Initial Five Directors of the Corpus Christi
Aquifer Storage and Recovery Conservation District.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye"; Cooper was
absent.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 32, a presentation regarding the Work Force 1 quarterly
update. Mr. Rick Zamarripa, Director of Business Development for Work Force 1, discussed the
state of the regional workforce, the initiatives addressing current workforce challenges, and the
initiatives addressing future workforce challenges. Regarding the labor force, Mr. Zamarripa
reported the City had gained approximately 500 new jobs from the last quarter, a growth rate of
0.40 percent. Since January 2005, the City has cumulatively gained 2,300 jobs, the seventh best
employment growth rate in the State. In addition, this was the best local employment
performance since 2001. He said the industries gaining the most jobs were as follows:
construction, petrochemical. transportation, utilities, and retail. Industry sectors that experiences
job losses were as follows: information technology (telecommunications), education services,
and health care services.
Mr. Zamarripa reported the unemployment rate for the month of October was 4.9 percent;
it was 6.2 percent the same time last year. In addition, there was a reduction in unemployment
claims, pointing at positive signs of economic recovery.
Minutes - Regular Council Meeting
December 13, 2005 - Page 13
Mr. Zamarripa listed the top ten industries projected to add the most jobs from 2005-2012
as follows: elementary and secondary schools; home health care; general medical and surgical
hospitals; and limited service eating places, among others. Among the top fifteen occupations
projected to add the most jobs from 2005-2012 were personal and home care aides, registered
nurses, and fast food preparation and serving workers.
Mr. Zamarripa reported the area had received $2.7 million in state and federal grants,
$2.1 million of which was for Hurricanes Katrina and Rita. The remaining portion was
distributed as follows: $50,000 for BRAC planning; $475,000 in youth grants; and $104,000 for
re-employment. Regarding the BRAC grant, he said Work Force 1 was planning to use the funds
for an impact study to determine the magnitude of the BRAC's impact on the region.
Mr. Zamarripa discussed current Work Force 1 programs. He said there were 2,671
participants in child care programs and 9,206 participants in the Work Force 1 system. To date,
he said 2,264 employers had been served, 7,769 active jobs were posted on the Work Force 1
database, and over 200 individuals had been trained in 2005.
Mr. Zamarripa covered initiatives addressing current workforce challenges as follows:
apprenticeship program; work skills enhancement grant; TAMU-CC nursing initiative; Hurricane
Katrina National Emergency Grant; BRAC Phase 1 National Emergency Grant; and Youth
Grant.
Mr. Zamarripa briefly discussed initiatives addressing future workforce challenges as
follows: develop a marketing plan; emerging technology fund; expansion of Work Force 1
facilities; and implementation of Phase II of the BRAC study.
Mr. Garcia asked what economic impact the job losses resulting from the BRAC would
have on the community, particularly in the civilian sector. Mr. Zamarripa replied that one to
three percent of the employment population, or 4,000 civilian positions, could be lost as a result
of the BRAC. He emphasized, however, that the results of the BRAC report commissioned by
Work Force 1 would not be completed until December 15; thus, these were speculative numbers.
He said Work Force 1 expected that 70 percent, or approximately 3,000, of the positions would
be quickly reabsorbed into existing industries because of the high skill levels of those
mdividuals.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 37 regarding a proposed requirement that youth
sports leagues using city property or facilities require parents to take a parent and coach
sportsmanship program. Director of Parks and Recreation Sally Gavlik stated the concept had
been approved by the Parks and Recreation Advisory Committee, and was endorsed by twelve
leagues within the community. She introduced Special Projects Superintendent Billy Delgado
and Mr. Mark Lord, executive director of the Texas Amateur Athletic Federation (TAAF), who
would be providing more information.
Mr Delgado described the elements of the proposed Youth Sports Parents Training
Program as follows: education on health concerns such as heat and hydration; how to keep
Minutes - Regular Council Meeting
December 13, 2005 - Page 14
sporting events sate for children; methods to reduce violence at games and/or tournaments;
maintaining children's self-esteem; and the recognition that adults who are involved in children's
sporting activities act as important role models. As the former president of the Oso Baseball
program, and the former administrator of the city's athletic programs, Mr. Delgado felt this
parent education program was greatly needed. He introduced Mr. Mark Lord to discuss the
program in more detail.
Mr. Lord reported that the T AAF's parent training program was a proactive step to
avoiding the conflicts and violence involving parents with children in youth sports. The City of
EI Paso, TX had implemented a parent youth sports training program with great success. He said
the only way the program worked was to make it a mandatory requirement, because those
parents who truly needed the training tended to avoid it.
Mr. Lord stated most parent training programs included the following elements:
sportsmanship; accountability and ownership; tips on how to avoid confrontation; consequences
of inappropriate behavior; recognizing the signs of child abuse and how to report it; and a signed
parent's pledge. He said the TAAF S.M.A.R.T. Parents for Youth Sports certification promoted
"selfpolicing", encouraging other parents to control other team parents. Ultimately, he said the
training would improve the environment for parents, coaches, officials, and especially for the
children.
Finally, Mr. Lord provided more information on T AAF itself. He said the federation was
founded in 1925 to standardize sports rules in Texas, comprised of 140 municipal athletic
departments. They offered 67 State championships in 13 sports, included the "Games of Texas",
the official State games which was recognized by the United States Olympic Committee. He
said even if the City were not to use the T AAF's parent training program, he still advocated the
lmportance of using any State or nationally recognized program and making the program
mandatory
Mr. Noyola asked for the cost of the parents training. Mr. Delgado replied the TAAF
program charged $5.00 per family. For those families who could not afford the fee, Mr. Delgado
suggested scholarships, sponsorships, or raising the league fees by $5.00 so the parents pay the
cost up front. Mr. Noyola asked how often parents would need to renew the certification. Mr.
Delgado replied the T AAF program required renewal every two years. In response to Mr.
Noyola's question, Mr. Delgado stated that at least one parent had to attend the mandatory
training before their child could participate in the league.
Mr. Delgado explained that the mandatory parent training would be required as the
leagues renewed their leases with the city for use of facilities or land. There are currently 20
leagues, but only four of the leagues have contracts under renewal at this time. Mr. Noyola
asked if it would be possible to amend the ordinance to require all the leagues to attend the
mandatory training now. City Manager Noe replied staff could review all the leases to see if the
city had the ability to cancel the lease to force the leagues to negotiate the mandatory training.
Mr. Noyola felt it was more equitable to require all the leagues to comply with the mandatory
training requirement. Obviously, he said it would preferable for all the leagues to endorse the
mandatory training requirement voluntarily, but he asked staff to look into forcing the issue if
necessary.
Minutes - Regular Council Meeting
December 13, 2005 - Page 15
Mr. Marez spoke in support of the mandatory parents trammg requirement, and he
thought the $5.00 was reasonable for most families. Mr. Delgado replied the TAAF program
charged $5.00, and while he was not aware what other programs charged, he felt they would also
be reasonable.
Mr. Kelly asked if the city kept statistics on the number of incidents involving violent or
inappropriate parent behavior. Mr. Delgado replied negatively, but said the city received
numerous calls from leagues asking how to suspend or prohibit individuals from attending
games. Mr. Kelly spoke in support of making the training voluntary, allowing leagues to decide
whether the program was needed at their own discretion. Mr. Delgado replied that mandatory
training requirements were preferable because it was a proactive approach and since the parents
who really needed the training tended to avoid it. Mr. Kelly felt the mandatory training was an
extra burden for those parents and those leagues that didn't need the training.
Mr. Garcia spoke in support of requiring all the leagues to take the mandatory training.
Mr. Kinnison asked whether staff planned to require the mandatory training for the city's youth
athletic programs. Mr. Delgado replied affirmatively.
Mayor Garrett asked for public comment. Mr. Gary Dorsey, president ofthe Padre Island
Little League, stated that he thought the program had merit, but had a number of questions about
its implementation. He asked who would enforce the requirement that parents in the stands have
a certification card. Mr. Delgado replied the league would monitor the certification. Mr. Noe
added the enforcement would take place during the league registration period.
Mr. Sylvester Peterson, district administrator for Little League baseball in the region,
explained that the Little League already conducted an annual review of reported incidents in the
region and then suggested changes in regulations as needed. He said there were very few
problems because the league did not tolerate poor behavior from parents. In addition, he said
coaches were already required to attend mandatory sportsmanship training. Thus, he was
concerned the city's proposed mandatory training would be an extra burden on parents and
coaches. He was also concerned about the $5.00 charge, saying it could become a barrier to
many kids. He noted that the Little League allowed any kid to play, whether they could afford it
or not.
City Manager Noe replied the city would not require the leagues to charge for the
training. He said the T AAF charged $5.00, but the leagues could decide to conduct their own
training sessions with whatever accredited organization they chose. The leagues would also
determine the cost for the training. He said the City was simply asking for proof that they had
offered the training.
Mr. Delgado stated that based on today's discussion, Assistant City Attorney Doyle
Curtis suggested that the Council amend the proposed ordinance to allow for local as well as
state and nationally recognized parent and coach sportsmanship programs. Mr. Chesney made a
motion to amend the ordinance as stated by Mr. Chapa, seconded by Mr. Garcia, and passed.
City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 13,2005 -- Page 16
37. MOTION NO. 2005-427
Motion authorizing all new leases for any and all land and/or facility owned by the City
and leased to youth programs to include in the new lease a clause mandating that leagues
require their parents to take a local, state or nationally recognized parent and coach
sportsmanship program.
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye";
Kelly voting "No"; Cooper was absent.
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present proclamations.
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett called for petitions from the audience.
Mr. .I.E. O'Brien, 4130 Pompano, remarked the City's annual financial statement was required to
be published 120 days after the budget was passed, but it was still not completed. He
commented that the City had yet to meet his deadline since the elimination of the Internal
Auditor position years ago, and he asked the City to consider reinstating the position to provide a
checks and balances system on staff.
City Manager Noe replied there was absolutely no relationship between the Internal
Auditor position and the completion date of the report. Mr. Noyola asked why the report was
late again. Director of Finance Cindy O'Brien replied the Comprehensive Annual Financial
Report (CAFR) was 95 percent complete; staff was waiting for budget numbers from SMG and
the arena, which should be available by the end of the week. She said the report would probably
be ready by the first week in January. Finally, she said problems with the PeopleSoft Financials
upgrade had delayed staff accountants by two months.
Mayor Garrett and Mr. Chesney stated that they would like to discuss the idea of
reinstating the Internal Auditor position. Mr. Chesney stated the question was whether the
Internal Auditor position could recoup the $130,000 in salary costs through cost savings to the
City.
Mr. Noyola stated that the CAFR had not been submitted on a timely basis since he had
served on the Council. He said he would like to see it completed on time. Ms. O'Brien replied
the Finance department had recently hired a new comptroller who had a number of good ideas on
how to compile data on a monthly basis to expedite the process.
Minutes - Regular Council Meeting
December 13,2005 - Page 17
The following individuals asked the Council to consider extending the pedestrian-only
beach from 4,200 feet to 7,400 feet: Mr. Jimmy B. Johnston, 15896 Punta; Mr. John Trice,
13706 Tajamar; Mr. Billy Holmes, 14121 Jackfish; Ms. Carol Chandler, 15129 Cane Harbor;
Mr. Albert Perez, 15421 Seamount #110; Dr. Mark Saleff, 14142 Cabana A; Mr. Ned Reed,
13553 Peseta Court; Mr. Garrett Dorsey; Ms. Gabriele Hilpold, 13701 Three Fathoms Bank;
Rick and lody Patel 13773 Eaglesnest Bay Dr.; Ms. Katie Howell, 13826 Hawksnest Bay; an
unidentified woman; Ms. Gladys Choyke, 15321 Cartagena Court; Ms. Linda Walsh, 15350
Isabella Court; and Ms. Teresa Ranly, 14801 Dasmarinas.
Mr. Domingo Ibarra with the Corpus Christi Police Officers Association asked the
Council to place an item on goal setting for the community policing effort on the December 20
agenda.
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess.
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett referred to Item 28, and a motion was
made, seconded, and passed to open the public hearing on the following zoning case:
Case No. 1105-03, A TA O. AZALI, Inc.: A change of zoning from a "B-1"
Neighborhood Business District and a "B-4" General Business District to a "B-1"
Neighborhood Business District and a "B-4" General Business District with a "PUD-2"
Planned Unit Development. The property is 1.58 acres out of a 3.28 acre tract of Lot 2,
Baldwin Moore Farm Lots, located east of South Padre Island Drive, west of Friendship
Drive and south of West point Drive.
City Secretary Chapa said the Planning Commission and staff recommended the approval
of a "B-1" Neighborhood Business District and a "B-4" General Business District with a "PUD-
2" Planned Unit Development, subject to the attached site plan.
No one spoke in opposition to the zoning change. A motion was made, seconded, and
passed to close the public hearing. City Secretary Chapa polled the Council for their votes as
follows:
28. ORDINANCE NO. 026567
Minutes -- Regular Council Meeting
December 13, 2005 - Page 18
Amending the Zoning Ordinance upon application by ATA O. AZALI, Inc. by changing
the zoning map in reference to 1.58 acres out of a 3.28 acres tract of Lot 2, Baldwin
Moore Farm Lots, from "B-1" Neighborhood Business District and "B-4" General
Business District to "B-1" Neighborhood Business District and "B-4" General Business
District with a "PUD-2" Planned Unit Development subject to a site plan and eleven (11)
conditions; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting
"Aye"; Cooper and Noyola were absent.
Mayor Garrett referred to Items 29 and 30, and a motion was made, seconded, and passed
to open the public hearing on the following zoning cases:
2l). Case No. 1005-01, Southside Ventures, L.P.: A change of zoning from a "R-IB" One-
family Dwelling District to an "A-IA" Apartment House District on Tract 1; an "A-2"
Apartment House District on Tract 2; and a "B-1" Neighborhood Business District on
Tract 3. The property is 27.02 acres out of Lots 1 and 2, Block II, out of Bohemian
Colony Lands, located along Everhart Road, 900 feet south of Middlecoff Road and west
of Snowgoose Drive.
30. Case No. 1005-04, Southside Ventures, L.P.: A change of zoning from a "R-IB" One-
family Dwelling District to an "A-I" Apartment House District on Tract 1 and a "B-4"
General Business District on Tract 2. The property is 20.10 acres out of Lots 5 and 6,
Block 11, out of Bohemian Colony Lands, located along Weber Road, 150 feet south of
Way Out Weber Road and 125 feet north of Adrianna Drive.
City Secretary Chapa said the Planning Commission and staff made the following
recommendations:
2l). Denial of an "A-1A" Apartment House District on Tract 1 and in lieu thereof, approval of
an "A-l" Apartment House District; denial of an "A-2" Apartment House District on
Tract 2 and in lieu thereof, approval of a "R-I B"/SP One-family Dwelling District with a
Special Permit for townhomes; and approval of a "B-1" Neighborhood Business District
on [ract 3
10. Denial of the "A-I" Apartment House District on Tract 1 and, in lieu thereof, approval of
a "R-1B" One-family Dwelling District with a Special Permit for townhomes. Denial of
the "B-4" General Business District on Tract 2 and, in lieu thereof, approval of a "B-1"
Neighborhood Business District.
No one spoke in opposition to the zoning changes. A motion was made, seconded, and
passed to close the public hearings. City Secretary Chapa polled the Council for their votes as
follows:
29. ORDINANCE NO. 026568
Minutes - Regular Council Meeting
December 13,2005 - Page 19
Amending the Zoning Ordinance upon application by Southside Ventures, L.P. by
changing the zoning map in reference to 27.02 acres out of Bohemian Colony Lands,
Lots 1,2, and 3, Block 11, from "R-IB" One-family Dwelling on Tracts 1 and 2, to "A-
1" Apartment House District on Tract 1 and "R-IB" One-family Dwelling with a Special
Permit for Townhome Development on Tract 2, and "B-1" Neighborhood Business
District on Tract 3; amending the Comprehensive Plan to account for any deviations from
the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting
"Aye"; Cooper and Noyola were absent.
30. ORDINANCE NO. 026569
Amending the Zoning Ordinance, upon application by Southside Ventures, L.P. by
changing the zoning map in reference to 20.10 acres out of Bohemian Colony Lands,
Lots 5 and 6, Block 11, from "R-IB" One-family Dwelling on Tracts 1 and 2, to "R-IB"
One-family Dwelling with a Special Permit for Townhome Development on Tract 1, and
"B-1" Neighborhood Business District on Tract 2; amending the Comprehensive Plan to
account for any deviations from the existing Comprehensive Plan.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting
"Aye"; Cooper and Noyola were absent.
Mayor Garrett referred to Items 25.a. and 26.a., and a motion was made, seconded, and
passed to open the public hearings on the following items:
25.a. Public hearing to consider amending the 1969 Master Plan for Storm Drainage for the
A.rea West of Clarkwood Road and the Flour Bluff Area of the City of Corpus Ch.risti,
Texas to add a Master Plan culvert crossing Flour Bluff Drive approximately 550 feet
south of the intersection of Cornerstone Drive and Flour Bluff Drive; increase the
drainage basin boundary, basin EA-C-2, by approximately 13 acres; and, realign the
master channel with underground culverts through Cornerstone Unit 3 Subdivision.
26.a Public hearing to consider amending the 1965 Master Sanitary Sewer Plan for the Flour
Bluff Area by increasing wastewater Basin 3-B-l by 28.4 acres now served by Flour
Bluff Lift Station No, 1086. The 28.4 acres will be served by a new lO-inch PVC
sanitary sewer collection line located between Don Patricio Road and the extension of
Division Road, approximately 1,375 linear feet south east of and parallel to Flour Bluff
Road.
Director of Development Services Barbara Bailey Holly stated Items 25 and 26 were
related to amendments to the Storm Drainage Master Plans and the Sanitary Sewer Master Plans
for the Cornerstone Unit 3 development. Regarding Item 25, she said the developer of the
Cornerstone Unit 3 is locating the subdivision across a Master Channel in the existing Storm
Minutes -~ Regular Council Meeting
December 13, 2005- Page 20
Drainage Master Plan. The amendment to the master plan is necessary to ensure that runoff from
the south can flow unimpeded through the subdivision.
Ms. Holly stated that Item 26 involved shifting the flows from the 28.4 acre Cornerstone
Unit 3 subdivision to a wastewater basin to the south to provide the subdivision with wastewater
service to an existing gravity sanitary sewer. This action would negate the need for septic
systems in this subdivision. She said staff was recommending both actions.
Mr. Garcia asked if the proposed amendments would address drainage problems in the
Glen Oak and Flour Bluff Drive area. Special Services Superintendent Mary Frances Teniente
replied the proposed amendments would not improve or adversely impact the Glen Oak area.
Mr. Garcia asked if the City would be able to enhance future growth in the area considering the
limited capacity of the Flour Bluff Lift Station. Ms. Teniente replied the proposed amendments
were simply tying in to the system on Flour Bluff Drive, using the existing capacity of the
existing Flour Bluff Lift Station. Mr. Noe added that the Engineering department has made an
effort to look at a number of other opportunities to update sections of the Sanitary Sewer Master
Plan for Flour Bluff Drive where subdivisions are expected to develop. Mr. Garcia said he
wished to limit the need for septic systems in new subdivisions by building on the existing
systems.
There were no comments from the audience. Mr. Garcia made a motion to close the
public hearing, seconded by Mr. Scott, and passed. City Secretary Chapa polled the Council for
their votes as follows:
25.b. FIRST READING ORDINANCE
Amending the 1969 Master Plan for Storm Drainage for the Area West of Clarkwood
Road and the Flour Bluff Area of the City of Corpus Christi, Texas to add a Master Plan
culvert crossing Flour Bluff Drive approximately 550 feet south of the intersection of
Cornerstone Drive and Flour Bluff Drive; increase the drainage basin boundary, basin
EA-C-2, by approximately 13 acres; and realign the master channel with underground
culvert through Cornerstone Unit 3 Subdivision.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper
and Noyola were absent.
26.b. FIRST READING ORDINANCE
Minutes - Regular Council Meeting
December 13,2005 - Page 21
Amending the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area by increasing
wastewater Basin 3-B-l by 28.4 acres now served by Flour Bluff Lift Station No. 1086.
The 28.4 acres will be served by a new lO-inch PVC sanitary sewer collection line
located between Don Patricio Road and the extension of Division Road, approximately
1,375 linear feet south east of and parallel to Flour Bluff Road.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper
and Noyola were absent.
Mayor Garrett referred to Item 27.a., and a motion was made, seconded, and passed to
open the public hearing on the following item:
27.a. Public hearing to consider and nominate applications to the Office of the Governor for
Renewal Community Commercial Revitalization Deduction Allocations.
Director of Economic Development Irma Caballero stated each year, the Council
approves allocations for the Renewal Community, consisting of ten census tracts, for
Commercial Revitalization Deduction Allocations up to $12 million. She said the Office of the
Governor served as the Commercial Revitalization Agency and was responsible for certifying
allocations nominated by the governing bodies of the Renewal Communities in the state.
In July 2005, Ms. Caballero stated the Council approved approximately $2 million in
allocations for seven projects. She said today, staff was requesting approval to allocate an
additional $6.75 million for the following five projects: Ullah Investments Inc. (building at 3500
McKenzie Road and IH-37) - $3.6 million; Puerto Los Caballeros Properties LTD (building at
1214 N. Chaparral)- $1.2 million; Ek Dashi Investment LLC (building at 290 I Surfside) - $1.1
million: Charles G. Herin (building at 901 Navigation) - $700,000; and Stewart Brandon (9002
Leopard Street) - $150,000. If approved, she said the total allocation for 2005 would be $8.79
million. In addition, she said staff would be bringing on additional project for Council approval
on December 20 for $3.21 million, which would use the entire $12 million allocation available
for 2005.
Ms. Caballero stated staff was also asking approval for an allocation of $8.925 million for
Valero Refining from the 2004 allocation for a building located at 1147 Cantwell. She said the
project was identified in 2004, but staff did not receive official written notification until July
2005that the building was located in one of the five new census tracts deemed eligible for the
deductions by the federal government. She stated Mr. Mannti Cummins, the CPA the City hired
to market and prepare Commercial Revitalization Deduction application, was present to respond
to any questions. There were no comments from the public. A motion was made, seconded, and
passed to close the public hearing.
Besides the Puerto Los Caballeros Properties project, Mr. Scott asked if any other
projects were located in the downtown area. Mr. Cummins responded negatively, but said there
were a number of projects in different phases of development that staff may be able to bring
forward for Council consideration in 2006.
Minutes - Regular Council Meeting
December 13,2005 - Page 22
Mr. Garcia asked why more businesses weren't applying for the deductions. Mr.
Cummins replied the program provided approximately 20 cents on the dollar for every project.
Thus, the majority of the project costs had to be obtained through other funding sources. City
Secretary Chapa polled the Council for their votes as follows:
27. RESOLUTION NO. 026566
Resolution nominating projects to the Office of the Governor for Renewal Community
Commercial Revitalization Deductions.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola
were absent
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 35 regarding a Memorandum of Understanding
fMOU) between the City, the Regional Economic Development Corporation (EDe), and the
Corpus Christi Business and Job Development Corporation (4A Board). City Manager Noe
stated the MOU clarified the roles and responsibilities among the three entities operating in the
City's economic development program. He said the 4A Board approved the MOU as presented
at their last meeting, and the EDC Board had approved it as well. There were no comments from
the public
Mr Marez spoke in support of the MOU because it gave the entities involved the
guidelines and specific direction needed in the City's economic development program. City
Secretary Chapa polled the Council for their votes as follows:
35. MOTION NO. 2005-424
Motion approving a Memorandum of Understanding (MOU) between the City of Corpus
Christi ('"City"), the Corpus Christi Regional Economic Development Corporation
("FDC"), and the Corpus Christi Business and Job Development Corporation ("4A").
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly. Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola
were absent.
Mayor Garrett opened discussion on Item 36 regarding contracts for consulting services
and legal services related to the citywide broadband wireless network. City Manager Noe stated
that as the City was in the process of finalizing the business plan and partnership arrangements
for the WiFi project, staff required consulting services for economic and business planning and
legal services in telecommunications issues. He said staff was requesting that the City retain
Next Step Consulting, LLC and Baller Herbst Law Firm for consulting services and legal
services respectively. Mr. Noe said staff anticipated that the contracts and partnership
arrangements would be brought to the Council in February 2006. There were no comments from
the public City Secretary Chapa polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 13, 2005 - Page 23
36.a. MOTION NO. 2005-425
Motion authorizing the City Manager or his designee to execute a contract with Next Step
Consulting, LLC, of Malvern, Pennsylvania in the amount of $100,000 for consulting
services related to development of citywide broadband wireless network.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola
were absent.
36.b. MOTION NO. 2005-426
Motion to employ the Baller Herbst Law Firm, of Washington, D.C. to provide legal
services related to citywide broadband wireless network, at an hourly rate not to exceed
$265 per hour, subject to certification of funds.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper and Noyola
were absent.
Mayor Garrett opened discussion on Item 38 regarding a community-based initiative to
address gang-related crime in Corpus Christi. City Manager Noe stated at the October 25
Council meeting, the Corpus Christi Police Officers Association (CCPOA) asked for an
endorsement for their grassroots gang intervention program. The program involved a dialogue
with various stakeholders in the community, and they asked the Council to encourage citizen and
staff participation in the program. The Council directed staff to prepare today's resolution,
which was reviewed both by the Police department and the CCPOA. There were no comments
from the public. City Secretary Chapa polled the Council for their votes as follows:
38. RESOLUTION NO. 026570
Resolution authorizing the City Manager or his designee, to express City Council's
support for the grassroots. community based initiative to address gang-related crime in
Corpus Christi.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly. Kinnison. Marez, and Scott, voting "Aye"; Cooper and Noyola
were absent.
Mayor Garrett opened discussion on Item 39 regarding proposed code amendments to the
taxicab ordinance. City Manager Noe reported that Mr. Dan Stiefel and other representatives
from the taxi cab industry had requested potential amendments to the taxicab ordinance to
enhance the viability of the industry. Staff agreed to two amendments, the first allowing for a
slightly longer age for vehicles and the second allowing for a temporary, 30-day license for
drivers having completed background checks but awaiting the completion of remaining
paperwork He said both amendments were acceptable to staff and to the Police department.
Minutes - Regular Council Meeting
December 13,2005 - Page 24
Mayor Garrett asked when the second reading of the ordinance was scheduled. City
Manager Noe replied that the second reading ordinance was scheduled on December 20. There
were no comments from the public. City Secretary Chapa polled the Council for their votes as
tollows:
39. FIRST READING ORDINANCE
Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for Hire, Section
57-88, Age of Vehicle, to increase the maximum age of a taxicab already in service from
eight (8) years to ten (10) years; Section 57-97, application for taxicab driver's permit, to
provide for a temporary permit upon finding that the applicant's criminal background
check comports with the requirements found at Section 57-98; providing for penalties.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Garcia, Kelly, Kinnison, Marez, and Scott, voting "Aye"; Cooper
and Noyola were absent.
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe reported the City
was ranked number one in cities over 250,000 in the Annual Digital Cities Survey that reviewed
websites and city services provided electronically. He said the City of Corpus Christi competed
against larger cities such as Los Angeles and New York City yet still finished first in the
rankings. He thanked Director of E-Government Services Susan Cable and staff for their efforts.
Mr. Noe announced that the annual Senior Community Services Holiday Dinner would
be held this Thursday from 2:00 p.m. to 6:00 p.m. at the American Bank Center. The ceremonies
would begin at 3:00 p.m. and the dinner would be served at 5:00 p.m.
Finally, Mr. Noe stated the following items were scheduled for the December 20 Council
meeting: tive zoning cases; the zoning text amendment related to the small lot program; and a
presentation on the results of Bayfest 2005.
Mayor Garrett reported that an area on S.P.l.D. near the intersection of Staples and
Everhart needed to be mowed badly. Mr. Noe was aware of the problem, and said he would look
mto it.
Mayor Garrett also asked about the possibility of accelerating the street improvements to
Cimarron Boulevard. Mr. Noe stated the improvements would begin in March 2006.
Mayor Garrett called for Council reports. Mr. Marez stated he understood a Scottish
company that used alternative fuel sources like wind power had purchased a local energy
company. Mr. Marez was supportive of pursuing alternative fuel sources, and asked if anyone
had more information. Assistant City Manager Oscar Martinez replied the City was currently
studying a proposal from the South Texas Aggregate Project (ST AP) to use coal as an energy
source. He said staff would look into the possibility of wind power, but he was uncertain
Minutes - Regular Council Meeting
December 13, 2005 - Page 25
whether wind power alone would be able to service the area's power needs. Mr. Noe added that
the City could advise the company about opportunities to bid competitively as an energy supplier
for the City. Mr. Martinez stated that the federal government was supporting initiatives to
develop alternative fuel sources, so it would behoove the city to learn more about them.
Mr Kelly congratulated the King High School boys cross country team for winning the
5A state championship. He also congratulated the Calallen football team for reaching the state
finals, and announced a pep rally would be held on Thursday at 7:30 p.m. at the Calallen High
School gym. The championship game would be held on Saturday at 3 :00 p.m. in Round Rock.
Mayor Garrett asked Mr. Noe to invite the Calallen team to next week's Council meeting to be
recognized for their achievement.
Mr Garcia also congratulated the Calallen High School football team. He also reported
that vehicles were ignoring stop signs on Yorktown Boulevard at Rodd Field. In addition, he
said he and the Mayor have been discussing concerns about the tremendous traffic volume on
Flour Bluff Drive that made it difficult for vehicles to make left turns. He also thanked staff for
preparing the last Packery Channel update. Finally, he asked what feedback the City was
receiving from constituents and business owners related to the sign ordinance.
Assistant Director of Development Services Michael Gunning reported three meetings
had been held with various stakeholders, but the turnout was low, due in part to the upcoming
holiday season. He said staff was holding a follow-up meeting on Thursday night at 5:30 p.m.
with all three stakeholders groups in the Council chambers. He said staff sent out approximately
4000 notices.
Mr. Garcia asked if staff was planning to hold another meeting after the holidays. Mr.
Ounning stated that after January 1, 2006, staff would be organizing roundtable discussions
comprised of three to four members of each stakeholder group. He said the current meetings
were simply for public input and were not conducive to a public dialogue. Mr. Garcia said
business owners had contacted him about the meetings, saying they wanted to attend but were
had scheduling conflicts. He asked staff to hold another meeting after the holidays.
In response to Mayor Garrett's question, Mr Gunning replied that about 55 percent of the
available land on Saratoga Boulevard from Old Brownsville Road to Rodd Field Road had been
developed In his opinion, there was a substantial portion of land that remained to be developed,
and the developments would have a major impact on the area. Mayor Garrett stated he did not
want to make it too difficult for businesses to complete their projects on Saratoga Boulevard.
VIr. Noe said the clear regulations in the sign ordinance would address citywide problems with
..,ignage. not just on Saratoga Boulevard.
Mr Kinnison reported he had been receiving a number of letters from out-of-town
companies about signage. He said when he called the companies, he was told that they
understood the City was prohibiting any signage whatsoever on Saratoga Boulevard. When he
mformed them the City was only limiting the height and square footage of signage, the
companies were surprised and said they were misled. He said there appeared to be a
misinformation campaign being led by the local sign industry.
Minutes - Regular Council Meeting
December 13,2005 - Page 26
Mr. Scott asked if Valero, Circle K, Whataburger, and other large companies had been
mcluded in the discussions. Mr. Gunning replied they had been included, but unfortunately, he
understood that the individuals who needed to see the notices did not receive them in time. Mr.
Scott asked if the large commercial realtors had also been included. Mr. Noe said staff would
make every effort to ensure that all the stakeholders would be present for the discussions,
including commercial realtors.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at I :50 p.m. on December 13,2005.
* * * * * * * * * * * * *
2
a. CITY COUNCIL'S YOUTH ADVISORY COMMITTEE - Seventeen (17) vacancies with two-year
terms to 11-08-07 representing the following categories: at least two (2) members from each of the five
(5) City Council districts and seven (7) members at large.
DUTIES: To assist and advise the City Council on city youth issues; conduct surveys and determine the
concerns and interest of the youth of Corpus Christi; encourage youth leadership and responsibility
through volunteerism and community involvement; create opportunities for public discussion of youth
issues through meetings, workshops and conferences; look for ways to promote understanding, respect
and community involvement among youth groups of all cultures and backgrounds and assist in planning,
recommending and implementing youth activities.
COMPOSITION: Seventeen (17) members recommended by the Youth Committee and appointed by
the City CounciL The members shall be composed of students in grades 9 through 12 that are City
residents with representatives as follows: at least two (2) members from each of the five (5) City
Council districts and seven (7) members at large. Each member must be enrolled in a public, private,
parochial, or home school, located in one of the following Texas Counties: Nueces, San Patricio,
Kleberg or Aransas. Each member's term automatically expires three months after high school
graduation An annual meeting will be held in May for the election of officers.
INDIVIDUALS EXPRESSING INTEREST
DISTRICT 1
Bryan Bode
Freshman, Calallen High SchooL Activities include: Boy
Scouts, Sea City Workcamp, Speech and Debate Team and
Leadership team at Grace Methodist Church. (11-23-05)
Cassandra Hardin
Senior, Roy Miller High SchooL Activities include: Bell
ringing for the Salvation Army, Blue Angels clean up,
Hurricane Katrina assistance for survivors, NTROTC
Unarmed Drill Team and National Arts Honor Society.
(12-01-05)
Erica Longoria
Junior, Tuloso-Midway High SchooL Activities include:
Student Council, FCA, Softball and volunteering at the
courthouse. (12-08-05)
Laura Rodriguez
Senior, Foy H. Moody High SchooL Activities include:
Orchestra and Band Color Guard. (12-08-05)
Brian Silva
Senior, Tuloso-Midway High School. Activities include:
Commission on Children and Youth, Youth Council Task
Force, Newspaper Editor-In-Chief, and Yearbook
Managing Editor. (12-06-05)
DISTRICT 2
Valerie Franco
Senior, W.B. Ray High School. Activities include:
Driscoll Children's Hospital volunteer, Bible Preacher,
volunteer piano player and Ready, Set, Teach program. 12-
06-05)
Courtney Thrash
Sophomore, Richard King High School. Activities include:
Walk-A-Thon, volunteer at nursing homes and Driscoll
Children's Hospital, Beach Clean up and Student Council.
(12-07-05)
Adan Zamora
Junior, Roy Miller High School. Activities include: Key
Club, youth activist, student government and NJROTC.
(12-01-05)
DISTRICT 3
Elisha Dickerson
Senior, Roy Miller High School. Activities include:
Fellowship of Christian Athletes, CCISD Food Advisory,
Student Council and Senior Council. (12-07-05)
Maranda Roschetcky
Sophomore, Richard King High School. Activities include:
Softball, track/field, certified athletic trainer and Duke
University Talent Search Student. (12-02-05)
Kristy Rodriguez
Senior, Foy H. Moody High School. Activities include:
Habitat for Humanity, Mu Alpha Theta, Color Guard,
Honor Society, Science Honor Society, and UIL Piano.
(12-09-05)
Alfredo Andrew Zamora, In
Sophomore, Mary Carroll High School. Activities include:
football, boxing and YMCA swimming. (12-01-05)
DISTRICT 4
Dylan Abrego
Junior, Richard King High School. Activities include:
Nueces County Teen Leadership Program, King Baseball,
CCD and AAU Track and Field. (12-07-05)
Stephen J. Clarkson
Junior, Richard King High School. Activities include: Boy
Scout Troop 304, King H.S. Tennis Team, German Club
and priest in LSD Church. (12-05-05)
William Crocker
Sophomore, Richard King High School. Activities include:
NJROTC, Red Cross volunteer, Goodwill volunteer and
church youth group. (12-07-05)
Caitlin Martin
Sophomore, Richard King High School. Activities include:
Tennis Team, Destination Imagination team, St. John's
UMC Youth Group, and volunteer at Wesley Community
Center. (12-09-05)
Carley Perkins
Senior, W.B. Ray High School. Activities include: Silver
Spur Publishing Yearbook Editor-In-Chief and volunteer at
Gulf Coast Humane Society. (12-06-05)
Aesha Rupp
Senior, Mary Carroll High School. Activities include: Girl
Scouts, FF A, Vice President of Teachers Association of
Future Educators and soccer. (12-08-05)
Joseph Trevino
Sophomore, Richard King High School. Activities include:
King Theatre and tournaments, Boy Scouts, alter server,
youth group member and the Texas Association of Future
Educators. (12-07-05)
DISTRICT 5
Carolyn Berthelot
Sophomore, Richard King High School. Activities include:
King High School Swim Team, volunteer at Special
Olympics, Religious Youth Organization and Laureate
Program. (12-06-05)
Ryan Ashley Chapa
Sophomore, Richard King High School. Activities include:
Debate Team, Band, Dance and Tumbling. (12-07-05)
Brandon Del Nano
Sophomore, Richard King High School. Activities include:
King Tennis Varsity Team, church youth mission, band
UIL and volunteer at church vacation bible school. (12-06-
05)
Olivia Michelle Dowling
Junior, Richard King High School. Activities include:
Features Editor for King's student newspaper, Sea Scouts
Sailing Team, alter server and King High School band.
(12-06-05)
Jordan Eiben
Junior, Tuloso Midway High School. Activities include:
Debate Team, F.C.A, T-M Band and basketball. (12-06-
05)
Jessica Gomez
Senior, Richard King High School. Activities include:
volunteer for Special Olympics, NJROTC Drill Team, and
volunteer for King Drill Meet. (12-09-05)
Stephanie Harlien
Sophomore, Richard King High School. Activities include:
Teen Leadership at YWCA, Mt. Olive Lutheran Church
Senior High Youth Group, Chess Club, Math Team and
Girl Scouts. (12-05-05)
Miles Kane
Freshman, Richard King High School. Activities include:
NCCT Youth Council, Nueces County Teen Leadership,
Mu Alpha Theta Club, and junior varsity tennis. (12-12-
05)
Jose D. Perez
Junior, Richard King High School. Activities include:
Student Council Class President, Spanish Honors Society,
Spanish Club and Homecoming/Prom Committee. (12-05-
05)
Sabas "Peter" Perez
Sophomore, Richard King High School. Activities include:
King Tennis Booster Club and team, Key Club, The
National Hispanic Institute and former student council
member. (12-07-05)
Tabitha Joy Perez
Junior, Richard King High School. Activities include:
Driscoll Children's Hospital volunteer, Ronald McDonald
House volunteer, Faith Temple Youth Group, and King
H.S. Choir. (12-06-05)
Andrew A. Riley
Sophomore, Mary Carroll High School. Activities include:
Express Soccer Club, Carroll Soccer Team, People to
People World Leadership Forum, alter server, and
volunteer for Salvation Army Christmas Toys, Books and
Food Distribution. (11-30-05)
James Roperes
Sophomore, Richard King High School. Activities include:
former secretary of Baker Middle School National Junior
Honor Society, frequent volunteer of church and annual
H.E.B. Feast of Sharing and member of National Mu Alpha
Theta Society. (12-08-05)
Shay Spence
Senior, Mary Carroll High School. Activities include: Boy
Scouts of America, Los Emperadores, Mary Carroll Jazz
Band and church band. (12-08-05)
b. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION - One (1)
vacancy with three-year terms to 1-01-09.
DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the
Council such projects as in its opinion would be advantageous to the future growth of the City and to
assist the City in the establishment and location of industries.
COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for three-
year staggered terms. The remainder of the Board shall be comprised of not more than six (6) persons
elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port;
the Mayor shall also serve as ex-officio, voting director. The City Manager shall serve as an ex-officio,
non-voting member. The directors shall serve three-year terms staggered as provided in the
Corporation's bylaws; provided that the term of office of any director who is a public official shall
coincide with his or her term of public office.
MEMBERS
Jim Barnette (Membership), Chair
Edward Martin (City)
*Gloria Perez (City)
Joe Elizondo (City)
Gene Guernsey (City)
Rep. Judy Hawley (Port Authority)
Bernard Paulson (port Authority)
Dennis Payne (Membership)
Al Jones (Membership)
Tony LaMantia (Membership)
Colleen McHugh (Membership)
David Engel (Membership)
Mayor
City Manager
*Seeking reappointment
ORIGINAL
APPTD. DATE
TERM
1-06
1-01-07
1-01-06
1-01-07
1-01-08
1-07
1-06
1-06
1-06
1-07
1-07
1-06
Term of office
Ex-Officio, Nonvoting
02-22-00
12-11-01
12-10-02
12-10-02
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NAME
Gloria Perez (City)
NO. OF MTGS.
THIS TERM
12
NO.
PRESENT
12
% OF ATTENDANCE
LAST TERM YEAR
100%
OTHER INDIVIDUALS EXPRESSING INTEREST
Cliff Atnip
PartnerlReal Estate. Cobb, Lundquist and Atnip. Received
RA. in Finance from Baylor University. Member of the
Rotary Club and Toastmasters. (4-22-05)
Gerald W Brown, Sr.
Vice President/Senior Analyst, RSI & Associates, Inc.
Activities include: Member of the Institute of Business
Appraisers, Member of the National Center for Employee
Ownership, Nueces County Chapter of the Republican
National Party, numerous committees at Second Baptist
Church and Wounded Christian Ministries. (02-25-05)
Rodney Buckwalter
Manager, Training & Quality, First Data Corporation.
Received A.A. from Del Mar College, B.A. and M.S. from
Texas A & M University - Corpus Christi. Activities
include: Management Development Advisory Committee -
Del Mar College, American Society for Training and
Development, Patriot's Band and Honor Guard of America.
(7-21-04)
David Cadena
Vice President-Credit Products Underwriter, Bank of
America. Received B.A. from Texas A & M University -
Corpus Christi. Activities include: C.C. Hispanic Chamber
of Commerce and the PDAP Fundraiser. (3-04-05)
Robert Cagle
Vice President- Turnaround Division, Repcon, Inc.
Received B.S. in Engineering Science and Mechanics and
M.A. in Business Administration. Member of the Rotary
Club of Corpus Christi. (4-21-05)
rerry Carter
President/CEO, Corpus Christi Chamber of Commerce.
Received B.S. in Quantitative Finance from the University
of South Alabama. Activities include: Corpus Christi
Rotary Club and YOU Executive Committee. (12-07-04)
A.rturo Casillas
Officer, Nuway International, Inc. Received some college
hours and special training for National Council for
Economic Business Opportunities. President of Associated
General Contractors. (11-22-04)
Gilbert Fuentes
Realtor, Christi Properties. Received Masters from Texas
A & M University - Corpus Christi. Member of Fighting
to Rid Against Gangs. (11-18-04)
Thomas C Galyon
President/CEO, Corpus Christi Convention and Visitors
Bureau. Received B.A. from Emory and Henry College.
Activities include: Board of Governors for the Art Center
and Advisory Board for the Botanical Gardens. (1-07-05)
Juan M. Garcia, III
Naval Aviator, U.S. Navy. Received B.A. from University
of California at Los Angeles, M.A. from John F. Kennedy
School of Government, and J.D. from Harvard Law School.
Activities include: Leadership Corpus Christi, c.c.
Women's Shelter, Citizen's for Education and C.C. Barrios
Association. (3-03-05)
Guadalupe J. Gomez
Self-employed, Business Consultant. Received B.A. in
Business Finance. Member of the Westside Business
Association. (3-10-05)
Mike T. Johnson
Administrator, Christus Spohn Hospital South. Vice-
President, Christus Spohn Health System. M.P.A. in Public
Administration, Texas Tech University. Certified
Registered Nurse and Licensed Nursing Facility
Administrator. Professional activities include: Diplomat,
American College of Healthcare Executives - Regional
Advisory Board and American College of Healthcare
Administrators. (2-20-05)
Diane LaRue
Independent Marketing Director, Melaleuca, Inc. Attended
LaSalle University, Temple University and Holy Family
College. Activities include: Mission 911, IWA Golf Chair
and Gala Committee, Blessed Sacrament Convent
Auxiliary, Pan American Roundtable and Leadership
Corpus Christi Class XXIX. (2-25-05)
Chad Magill
Chief Information Officer, Identity Theft Solutions, LLC.
Associate Member of Certified Fraud Examiners at
Houston Community College. Activities include:
Chamber of Commerce, Hispanic Chamber of Commerce,
Westside Business Association, and SEA. (6-28-05)
Delfino Ornelas
Unit Director, H.E.B. Grocery Company. Activities
include: board member of the Westside Business
Association, Del Mar College Business Board and Del Mar
College Foundation. Received the Business Man of the
Year for Hispanic Chamber of Commerce and Diversity
Council Member of the Year. (5-24-05)
Jamie Pyle
Vice President, Pyle & Associates, Inc. Received B.S in
Civil Engineering from Oklahoma State University.
Activities include: Boy Scout Venture Troop Advisor,
Southside Rotary Club Member, After Hours Quilters Vice
President, Leadership Corpus Christi and Texas Society of
Professional Surveyors. (8-09-04)
Latrice M. Sellers
Department HeadlFSMN, Texas Department of Criminal
Justice. Received AA in Communications from Del Mar
College. Activities include: Steering Committee for Flour
Bluff I.S.D. Educational Foundation, cable access show
"Community Outreach", and State Democratic Executive
Committee for Women. (2-23-05)
John B. Smith
Lead Pastor, First Family Church. Received B.S. from
Liberty University and pursuing M.A Activities include:
Leadership Corpus Christi, World Affairs Council of South
Texas, and Rotary Club. (4-14-05)
Marsha Williams
Realtor, Re/Max Metro Properties. Received B.A in
Business from Texas A & I University - Kingsville. Active
member of the Kiwanis Club and the Re/Max Lifetime Hall
of Fame. (6-09-05)
c. ELECTRICAL ADVISORY BOARD ~ Three (3) vacancies with two-year terms to 12-31-07
representing the following categories: 1 - Master Electrician, 1 - Registered Engineer and I -
Commercial Builder.
DUTIES: To evaluate work experience, education, and other qualifications of applicants for electrician
licenses, preparation and grading of examinations for each classification of electrician required to be
examined; to prescribe the manner and sequence of examinations; to revoke or suspend license on proof
of infractions; to recognize licenses issued by other cities if they meet the requirements of the City Code.
An applicant who fails an examination three times may appeal to the City Manager to appoint a special
board to examine said applicant.
COMPOSITION: Nine (9) persons appointed by the City Council: two (2) persons with at least five
years active experience as a master electrician; one (I) person with at least five years active experience
as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the
State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of
tive years experience in electrical engineering; one (I) person with five years experience in the
commercial building industry; one (I )person with five years experience in the home building industry;
and two (2) members, residents of Corpus Christi, not connected with the electrical industry. Five (5)
members of the Board constitute a quorum, and concurring vote of not less than five (5) members is
necessary to constitute an official action of the Board.
MEMBERS
*****Kyle Budd (Master Elec.), Chairperson
Martin Adrian (Master Elec.), Vice-Chair
Richard Gray (Not conn. to elec. industry)
Robert R. Connoly (Not conn. to elec. industry)
Craig Loving (Journeyman Elec)
**Shane Torno (Reg. Engineer)
*Bill Ewing, Jr. (Commercial Builder)
Charles E. Sebbert (Home Builder)
Lee Montgomery (Electrical Eng)
TERM
12-31-05
12-31-06
12-31-06
12-31-06
12-31-06
12-31-05
12-31-05
12-31-06
12-31-06
ORIGINAL
APPTD. DATE
2-17-98
1-09-0 I
9-14-04
1-09-0 I
1-18-05
5-21-02
9-14-04
5-16-00
1-18-05
*Seeking reappointment
**Not seeking reappointment
*****Has met the six-year limitation allowed by ordinance
ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
Bill Ewing (Commercial Builder) 8
NO.
PRESENT
7
% OF ATTENDANCE
LAST TERM YEAR
88%
OTHER INDIVIDUALS EXPRESSING INTEREST
Albert Alaniz
Arnold Barrera
Bhaskar Patel
Mike Riley
Kimela Thomas
Florentmo Vasquez
Engineer, Alaniz Engineering, Inc. Receive B.S.M.E. from
Texas A & I Kingsville. Licensed as a Professional
Registered Engineer. (Reg. Engineer) (12-15-05)
Estimator, Rabalais I & E Constructors. Received
electrical apprenticeship. Member of Outreach Program
Southcrest Baptist Church. Received Honor an
Outstanding Instructor award from the Associated Builders
and Contractors Texas Coastal Bend Apprenticeship
Program. (Master Electrician) (11-15-05)
Project Engineer, Maverick Engineering, Inc. Received
M.S. in Engineering from Texas A & I University -
Kingsville and is a registered professional engineer.
Current board member of the Coastal Bend Volunteer
Center. (Reg. Engineer) (12-05-05)
Project Manager, Scott Electric Co., Inc. Received
National Joint Apprenticeship Training. Activities include:
United Way and Habitat for Humanity. (Master
Electrician) (11-16-05)
President and Master Electrician, TKS Electric Services,
Inc. Received A.A. from Del Mar College. Member of
Junior Achievement. Received Estimator of the Year and
Rookie of the Year for Design Electric. (Master
Electrician) (7-26-05)
Vice President/Estimator, Scott Electric Company.
Received National Junior Apprenticeship Program
Training. Activities include: Habitat for Humanity, Rio
Grande Valley National Joint Electrical Apprenticeship,
and United Way. Recipient of the Junior league
Community Volunteer Award. (Master Electrician) (11-
29-05)
d MUSEUM OF SCIENCE AND HISTORY ADVISORY COMMITTEE - Two (2) vacancies with
terms to 9-01-06 representing the following categories: 1- nominated by CCISD and 1 - nominated by
Friends of the Museum. (Mayoral appointment with advice and consent of Council)
DUTIES: To consult with the Museum Director on operation of the museum, to act as advisory to the
City Council on matters pertaining to the operation, support, and development of the Corpus Christi
Museum.
COMPOSITION: Twelve (12) members appointed by the Mayor, with advice and consent of the
Council, to be selected as follows: 1 nominated by CCISD Board; 3 nominated by Friends of the
Museum; 2 nominated by Museum Auxiliary; and 6 by the Mayor who shall seek suggestions from
Friends of the Museum, Museum Auxiliary, Museum Advisory Board, and from Board of Trustees of
other Corpus Christi school districts. Ex-officio members shall include the City Manager and
Superintendent of CCISD, or their designated representatives. The term of each advisory member shall
be three years.
MEMBERS
Dr. Grady Price Blount, Chair
Phyllis Howerton Riddle (Museum Aux.)
Dr Alexey Sadovski
*** Angie Flores (Friends of the Museum)
Cheryl Gillenwater (Friends of Museum)
Linda Scott (Museum Auxiliary)
VACANT (CCISD)
Dr. Sharon Brower (Friends of the Museum)
Randall Meredith
Anna Peterson
Bill Richmond
Dr. Margaret Ellen Bolick
City Manager
CCISD Superintendent
***Resigned
ORIGINAL
APPTD.DATE
10-08-02
2-12-02
2-13-01
5-13-03
12-14-04
10-12-04
TERM
9-01-08
9-01-07
9-01-07
9-01-06
9-01-08
9-01-07
9-01-06
9-01-07
9-01-08
9-01-06
9-01-07
9-01-06
Ex-officio, nonvoting
Ex-officio, nonvoting
12-14-04
9-20-05
2-13-01
10-12-04
9-23-03
(Note: The Corpus Christi Independent School District is nominating Linda Torno as the
representative to fill the CCISD vacancy. The Friends of the Museum is nominating Dr. J. Robert
Hatherill to fill the Friends of the Museum vacancy.)
Dr. J. Robert Hatherill
Professor, Del Mar College. Received B.S. and M.S. from
Eastern Michigan University and Ph.D. from the University
of Michigan. Activities include: Sigma Xi, NISOD and
AAHHE, Received Who's Who in the World Award.
(Friends of the Museum) (12-06-05)
Linda Torno
Program Advisor for Secondary Science, Corpus Christi
Independent School District. Teacher for CCISD for 19
years. Activities include coaching basketball, soccer and
volleyball. (CCISD) (12-06-05)
e. NORTH PADRE ISLAND DEVELOPMENT CORPORATION - Four (4) vacancies with two-year
terms to 12-31-07.
DUTIES: To manage the Reinvestment Zone No. Two and implement the project and financing plan.
COMPOSITION: Not less than five (5) nor more than nine (9) directors, appointed by the City
Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter,
subsequent board members shall serve for a staggered term of two years. Each director must be a
resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any
director may be removed from office at any time, with or without cause, by the City Council of the city.
MEMBERS
Samuel L. Neal, Jr., President
Mark Scott, Vice President
Brent Chesney
Javier Colmenero
Melody Cooper
Rex A. Kinnison
John Longoria
Jesse Noyola
TERM
12-31-05
12-31-05
12-31-05
12-31-06
12-31-05
12-31-06
12-31-06
12-31-06
*Terms are due for Samuel L. Neal, Jr., Mark Scott, Brent Chesney and Melody Cooper.
f TRANSPORATION ADVISORY COMMITTEE - Two (2) vacancies with terms to 4-30-06 and 4-
30-08. (Note: One member has traditionally been the security officer at the Naval Air Station.)
DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation,
traffic accident, injury and damage prevention in the City; developing and implementing coordinated
traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and
the City Manager in the coordination of traffic safety activities of the official agencies and departments
of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering
public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with
public and private school systems in promoting traffic safety training aids in the schools; promoting the
education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths,
mjuries, damage, and accidents on the City's streets.
COMPOSITION: Nine (9) members appointed by the City Council for three-year terms to provide
advice on transportation and traffic safety matters. One member has traditionally been the incumbent
security officer at the Naval Air Station. Elects Chairman and Vice-Chairman annually. Meets 4th
Monday of the month, at 2:30 p.m., City Hall, Council Chambers.
MEMBERS
Don Davenport, Vice Chair
Richard Bailey, Sf.
Alex McNair
Robbie Foster
Grace M. Gonzalez
Wi lliam Green
David V. Seiler
****Raul Torres
***MAC Brian Clements (NAS Security Officer)
TERM
4-30-06
4-30-08
4-30-07
4-30-07
4-30-08
4-30-07
4-30-06
4-30-06
4-30-08
ORIGINAL
APPTD. DATE
1-11-00
5-10-05
5-11-04
4-11-00
2-13-01
5-11-04
5-13-03
5-13-03
7-27-04
***Resigned
****Has exceeded the number of absences allowed by ordinance
INDIVIDUALS EXPRESSING INTEREST
Karen Beard
Injury Prevention Specialist, Driscoll Children's Hospital.
Activities include: Head Start Health Advisory Committee,
Citizens Advisory Health Board, Flour Bluff PEP Advisory
CounciL First Baptist Church and recreation and youth
committees. (12-09-05)
Daniel Carrizales
Information Resource Manager, Corpus Christi
Metropolitan Planning Organization. Received technical
education in structural engineering and civil engineering.
Activities include WWII historical research that featured in
the Washington Post. (11-22-05)
Misty D. Galang
Operations Chief, U.S. Navy. Currently pursuing B.S. in
Criminal Justice from Columbia Southern University.
Member of the Traffic Safety Board Officer for NAS-
Corpus Christi. (NAS) (11-22-05)
Joseph Hroch
Teacher, Texas Driving School. Received B.S from U.e.e.
and graduate work at Corpus Christi State University and
Montclair State University. (7-01-04)
Carolyn Moon
Retired Teacher, Corpus Christi Independent School
District. Received M.A. in Communications and Special
education. Active member of the League of Women Voters
and the Texas Democratic Women. (4-29-05)
3
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with Mueller Co., Decatur, Illinois for
approximately 6,625 gas meter valves ranging in size from l" to 1 Y2" in accordance with Bid Invitation
No. BI-0024-06 based on low bid meeting specifications for an estimated annual expenditure of
$79,064.50. The term of the supply agreement will be for twelve months with an option to extend for up
to two additional twelve-month periods subject to the approval of the supplier and the City Manager or
his designee. Funds have been budgeted by the Gas Department for FY 05-06.
.........................................................................................
BACKGROUND:
Purpose:
The gas meter valves will be purchased and used by the Gas Department to
control the flow of gas at the meter.
Previous Contract:
The option to extend the previous contract has been exercised, requiring the City
to issue new bid invitations.
Bid Invitations
Issued:
Fifteen
Bids Received:
Five
Price Analysis:
Pricing has increased approximately 14% since the last contract of May 2002.
According to vendor, the increase is due to the rising cost in material and
shipping.
Award Basis:
Low Bid Meeting Specifications
National Waterworks, Corpus Christ~ Texas submitted the low bid. However, the
valves offered by National are for ball valves and not plug valves as specified.
Funding
Gas Department
520160-4130-34130
$79,064.50
Total
$79,064.50
eneral Services Manager
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COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the purchase of laboratory casework furniture from
VWR International, Irving, Texas, in the amount of$83,284.06. The equipment will be used by
the Health Department and is purchased in accordance with the State's Cooperative Purchasing
Program. Funds are available from the Health Department Bioterrorism Preparedness Grant
Fund.
****...**.*....*******.*.***.*.*******.*.**********.*.***********.******************
Purpose:
The Texas Department of Health has awarded the Health
Department with a grant to upgrade the laboratory to a Level B
Facility.
This project will include the demolition and removal of existing
microbiology work benches and the installation of laboratory work
stations which includes countertops, cabinets, and sinks needed to
perform micro biologic analysis of environmental (food) samples
and clinical (blood) samples.
Award Basis
The equipment is made available under the Texas Building and
Procurement Commission (TBPC) Term Contract number
TXMAS-3-6611NOI0.
Funding:
Health Department
530230-1066-831506
$83,284.06
Michael Barrera, C. .M.
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BID TABULATION
11/21/05
FRO - BI-0067-06
Lab Casework Furniture
Buyer: Maria Garza
DESCRIPTION
VWR INTERNATIONAL
IRVING, TEXAS
TOTAL PRICE
Purchase and installation of Laboratory
Casework Furniture - Cabinets, counter
tops. sinks and work stations
$83,284.06
5
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving a supply agreement with AMTEX Security, Inc., Corpus
Christi, Texas, for Uniformed Guard Security Services for Corpus Christi International Airport (CCIA)
in accordance with Bid Invitation No. BI-0018-06 based on low bid meeting specifications for an
estimated annual expenditure of $86,870. The term of the contract is for twelve months with an option
to extend for up to two additional twelve-month periods, subject to the approval ofthe contractor and the
City Manager, or his designee. Funds have been budgeted by the Aviation Department in FY 05-06.
........................................................................................1
BACKGROUND:
Purpose:
Security Services are required at the Corpus Christi International Airport (CCIA)
to comply with the Transportation Security Administration (TSA) aviation
contingency plan. The contingency plan was enacted as result of the September
11 tit attacks. This contract will provide a permanent solution to the ongoing
civilian aviation threats that are present at the airport.
Security Service will be provided at the Corpus Christi International Airport
(CCIA) for seven days a week, for approximately 7,300 hours per year. The
security workers furnished by the Contractor will be used to provide security at
the rental car lot of the CCIA on an as needed basis as determined by the Director.
The Contractor is responsible for inspecting vehicles and checking identification
of persons entering restricted areas, patrolling and monitoring the premises,
prohibiting unauthorized vehicles from parking in the proximity of the terminal
building, providing security services for events, guarding against unauthorized
entry, directing traffic surrounding the airport terminal and ensuring safety and
compliance with the Transportation Security Administration regulations.
Bid Invitations
Issued :
Fifteen
Bids Received:
Six
Price Analysis:
Pricing has remained stable since the last contract of2002.
Award Basis:
Low Bid Meeting Specifications -
Securitas Security Service USA, Inc., (Securitas) Corpus Christi, Texas submitted
a bid at $10.23 per hour. However, Securitas has taken exception to the City's
indemnification and cancellation clauses contained in the contract.
Funding
Aviation Department
530000-4610-35050
$86,870
Total
$86,870
eral Services Manager
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COUNCIL MEMORANDUM
RECOMMENDATION: Motion approving the lease purchase of one (l) aerial ladder truck
and one (l) 2000 GPM pumper truck from Siddons Fire Apparatus, Manor, Texas for the total
amount of$I,043,719 of which $14,318.18 has been budgeted for FY 05/06. The award is based
on the cooperative purchasing agreement with the Houston Galveston Area Council of
Governments (HGAC). These units are replacements. Financing will be provided through the
City's lease/purchase financing program with an initial payment scheduled for July 2006.
******************************************************************************
Purpose:
The aerial ladder truck will be used by the Fire Department to fight
fires in high rise buildings. The City currently has five aerial ladder
trucks in the fleet. The aerial ladder truck will replace one ofthe front
line units which, is currently out of service.
The pumper truck will be used by the Fire Department for fire fighting
duties. The City currently has twenty-three fire fighting units in the
fleet with sixteen operating as front line units and seven units placed in
reserve status. The pumper truck will replace one of the front line
units which will likely be placed in reserve status.
Basis of Award:
The equipment will be purchased through the cooperative purchasing
agreement with Houston-Galveston Area Council of Governments. H-
GAC acts as a purchasing agent for participating members through the
Inter-local Cooperation Act and abides by all Texas statutes regarding
competitive bidding requirements.
Price Comparison:
The City purchased a similar aerial ladder truck in 2002. Pricing has
increase approximately 4%. Three pumper trucks were purchased
earlier this year. Pricing has remained stable on these units.
Funding:
Fire Department
530190-1020-12010
Aerial Ladder Truck
Pumper Truck
one month
one month
$6,843.55
7.474.63
Total:
$14,318.18
The aerial ladder will be funded by the City's lease/purchase
contractor for a ten year period. The estimated interest rate is 5%. The
actual interest rate will be determined after acceptance of the
equipment. The equipment will be owned by the City at the end ofthe
lease period. The estimated annual payment is $82,122.58 The ten-
year total including principal of$645,219 and interest of $176,006.83
is $821,225.83.
The pumper truck will be financed for a five year period. The
estimated interest rate is 4.750%. The actual interest rate will be
determined after acceptance of the equipment. The equipment will be
owned by the City at the end ofthe lease period. The estimated annual
payment is $89,695.55. The five-year total including principal of
$398,500 and interest of$49,977.77 is $448,477.77.
The delivery lead time of the aerial ladder truck and pumper truck is
estimated at seven months. Funds have been requested by the Fire
Department for FY05-06 and will be requested in subsequent fiscal
years during the budget process.
-----..,
Michael Barrera
Procurement & General Services Manager
CITY OF CORPUS CHRISTI
PURCHASING DIVISION
BUYER - Maria Garza
ITEM
DESCRIPTION
Total Price
2006 Pierce Chassis, 4-Door Full
Tdt Aluminum Cab, formed
Aluminum Body, tandem Axle 75'
Rear-Mounted Telescoping Ladder
2. 2006 Pierce Contender, 4-Door,
Full-Tilt, Aluminum Cab, Aluminum
Body, Single Axle, 2000 GPM
Pump, Mid-Mounted Pumper
TOTAL:
QTY. UNIT
Vehicle
Vehicle
BID TABULATION
BI-0077-06
Aerial ladder & Pumper Truck
Siddons Fire Apparatus
Manor, Texas
$645,219.00
398,500.00
$1.043.719.00
7
AGENDA MEMORANDUM
RECOMMENDATION: Motion approving the purchase of traffic signal equipment from the
following companies for the following amounts, in accordance with the State of Texas
cooperative purchasing program for a total price of $208,097.70. The traffic signal equipment
will be used by the Street Department to monitor and control traffic signals at signalized
mtersections. Funds have been budgeted by the Street Department in FY05-06.
Paradigm Traffic
Fort Worth. Texas
Item No.: ]-9
$141,290
Control Technologies
Tomball, Texas
Item No.: 10-12
$66,807.70
Grand Total: $208,097.70
..................................................................................
BACKGROUND:
Purpose:
The traffic signal equipment consists ofthe video detection
systems, processors, camera assembly with mounting brackets,
monitors, keypads, surge protection panels and the uninterruptible
power supply (UPS) batteries.
Award Basis:
State of Texas Cooperative Purchasing Program-Catalog
Information Systems Vendor.
The video detection systems will be installed in existing traffic
control monitoring systems. As such, specific manufacturers are
required to insure compatibility with the systems.
Funding:
Street Department
520130-1020-12310
$208,097.70
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CITY COUNCIL
AGENDA MEMORANDUM
--------- -
AGENDA ITEM:
(A) Motion adopting the timetable for the FY2006 Consolidated Annual Action Plan that is
the planning and application process for the Community Development Block Grant
(CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG)
programs.
(B) Resolution amending Council Policy No.9, entitled COMMUNITY DEVELOPMENT
BLOCK GRANT & HOME PROGRAMS, by adding language relating to the creation of
jobs; and reaffirming the objectives and guidelines of the policy.
REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2006 Consolidated
Annual Action Plan (CAAP) and reaffirming the amended Community Development
Block Grant (CDBG) Program objectives and guidelines as adopted by City Council and
include the HOME Program.
RECOMMENDATION: Staff recommends adoption of the timetable for the FY2006 CAAP
process and reaffirmation of the amended Community Development Block Grant Program
objectives and guidelines and includes the HOME Program.
IMPLEMENTATION SCHEDULE: FY2006 CAAP Timetable
A1J~k
t Jonathan Wagn. f
o CD Administrator
ADDITIONAL SUPPORT MATERIAL
Background Information pt
FY2006 Schedule D{
CDBG Guidelines D{
AGENDA MEMORANDUM
BACKGROUND INFORMATION
a, Each year the City Council approves the upcoming Community Planning and Development
(CPO) Grant Programs planning and an implementation calendar. The FY06 CAAP is the
application for funding under the CPO formula grant programs administered through the
U S. Housing and Urban Development (HUD) that include the Community Development
Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter
Grants (ESG). The FY06 CAAP will embark the 4th year of the five-year Consolidated
Plan,
The proposed schedule enclosed as Attachment "A" provides a comprehensive list of
activities. Key dates are:
February 10, 2006
March 15, 2006
April 18, 2006
June 14,2006
- Request for Proposals due for the CDBG, ESG and HOME Programs
- Planning Commission Public Hearing
- City Council Public Hearing
- Action Plan submission to HUD
As in the past, neighborhood, nonprofit and focus group meetings will be conducted in
January and February. Meeting notices and requests for proposals will be published and
mailed to interested organizations. Technical assistance workshops will also be held and
mandatory for nonprofit and for profit (in the area of economic development) organizations
to attend should they be submitting a request for proposal to the CDBG, HOME and ESG
programs. Information will be forwarded to the local media to increase citizen participation.
The adopted schedule will be also be added to the City's website.
b. Overthe 31 years of the COBG Program, the City Council has gradually developed concise
set of City Council policies for the CDBG Program. In March 1994, these policies were
formally codified into the policies and general rules and procedures of the City Council.
Each year at the beginning of the CDBG Program staff brings these policies back to the City
Council for reaffirmation for their continued use. Staff believes that these policies require
updating while allowing for flexibility for programs that have served the Council and the City
extremely well over the years.
Staff recommends that the Council reaffirm the amended CDBG Program objectives and
guidelines and include the HOME Program as enclosed in Attachment "B."
ATTACHMENT "A"
COMMUNITY DEVELOPMENNT OFFICE
COMMUNITY PLANNING & DEVELOPMENT (CPO) PROGRAMMING
FY2006 CONSOLIDATED ANNUAL ACTION PLAN (CAAP) SCHEDULE
January & February
Preliminary Planning/ Neighborhood/Agency Presentations
January 1
Publish Neighborhood/Agency Mtgs/FY2006 Request for Proposals
February 10
Proposals Due
February 16
Submit publication notice of Planning Commission/City Council
Public Hearings on the Proposed FY2006 CAAP & Program
Information, Le., funds to be received, program income, activities to be
undertaken and estimated amount of benefit to low moderate income
persons, to Caller-Times.
February 19
Publication of Planning Commission/City Council Public Hearing on
the Proposed FY2006 CAAP.
March 3
Forward Materials to Planning Commission
March 15
Planning Commission - Public Hearing on Proposed FY2006 CAAP
(special meeting)
March 22
Planning Commission - Adoption of Final Recommendation
March 26
Publication - FY2006 CAAP Summary and notice of City Council Public
Hearing
April 18
City Council Public Hearing - Proposed FY2006 CAAP (Staff &
Planning Commission Recommendations) Projects and facilities
adopted tentatively by Council.
April 25
City Council Adoption - FY2006 CAAP
April 27
Submit Final FY2006 CAAP Summary & Proposed Use to Caller-
Times
April 30
May 1
Publication of Final FY2006 CAAP Summary
30 day Citizen's Comment Period begins
MayS
Notify Council of Governments (COG) of FY2006 COSG Projects
(Executive Order 12372 Requirement)
May 30
End of Citizen's Comment Period for the FY2006 CAAP
June 14
Submit FY2006 CAAP to HUD (Due by June 16)
July 17
HUD 15 day comment period - Notice of Finding of No Significant
Impact and Notice of Intent to Request a Release of Funds
ATTACHMENT "B"
RESOLUTION - MARCH 22, 1994
021901*
Reaffirmed on December 14, 2004
COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS
Through the Community Development Block Grant Program, the City Council
provides for the development and preservation of a viable urban community, a
suitable living environment, decent housing and expanded economic opportunities,
principally for persons of low and moderate income, and aids in the prevention or
elimination of slums and blight. The City carries out its objectives by providing for
appropriate streets and drainage, housing, recreational opportunities, neighborhood
preservation, and revitalization, and economic development as needed. To ensure
that these objectives are achieved, the following guidelines shall be as follows:
a. No Community Development Block Grant Funds be authorized to
applicant agencies for the support of operating expenses with the
exception of economic development proiects which create iobs.
b. No capital grants will be made without sufficient evidence of the
financial capacity of the applying agency to operate the program.
c. Priority will be given to those applying agencies that make substantial
new capital contributions to the project for which they are seeking
funds.
d. Housing shall be maintained as the top priority for the CDBG program
as well as placing greater emphasis on public infrastructure (City) in
CDBG eligible tracts.
e. A CDBG funded project will be eligible for future CDBG funding at a
minimum of two years from the date of its last funding, excludes City
projects.
f. Program Income generated from the CDBG Housing Program is a
revolving fund and will be applied towards the Single Family
Rehabilitation and Reconstruction Loan Program. Program Income
generated from the HOME Program will be applied towards
maintaining or creating affordable housing in our community.
* Adopting Policies and General Rules and Procedures of the City Council
A RESOLUTION
AMENDING COUNCIL POLICY NO.9, ENTITLED COMMUNITY
DEVELOPMENT BLOCK GRANT & HOME PROGRAMS, BY ADDING
LANGUAGE RELATING TO THE CREATION OF JOBS; AND
REAFFIRMING THE OBJECTIVES AND GUIDELINES OF THE POLICY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. The City Council hereby amends Council Policy NO.9 by adding language
relating to the creation of jobs as follows:
"9. COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS
"Through the Community Development Block Grant and HOME Programs, the City
Council provides for the development and preservation of a viable urban community, a
suitable living environment decent housing and expanded economic opportunities,
principally for persons of low and moderate income, and aids in the prevention or
elimination of slums and blight The City carries out its objectives by providing for
appropriate streets and drainage, housing, recreational opportunities, neighborhood
preservation, and revitalization, and economic development as needed. To ensure that
these objectives are achieved, the following guidelines shall be as follows:
"a No Community Development Block Grant Funds will be authorized to
applicant agencies for the support of operating expenses, with the
exception of economic development proiects that create iobs.
"b
"f
SECTION 2. The City Council hereby reaffirms its commitment to the objectives and
guidelines contained in Council Policy No.9, as amended by this resolution.
ATTEST:
THE CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
EHres177.dc
Corpus Christi, 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
EHre~ l-C(
9
CITY COUNCIL
AGENDA MEMORANDUM
Date: 12/20/05
AGENDA ITEM:
A. Motion authorizing the City Manager or his designee to amend the scope of work
with Corpus Christi Metro Ministries, Inc., for funds provided from the FY2005
Community Development Block Grant (CDBG) Program.
B. Motion authorizing the City Manager or his designee to amend the scope of work
with Corpus Christi Metro Ministries, Inc., for funds provided from the FY2005
HOME Program.
ISSUE: Subrecipient agreements with nonprofit organizations who were awarded
Community Development Block Grant Program Funds and HOME Investment Partnerships
(HOME) Funds from the FY05 Consolidated Annual Action Plan (CAAP) need to be
approved by the City Council. Also, proposed changes in the original scope of work need
City Council approval.
PREVIOUS COUNCIL ACTION: 1) On April 26, 2005, the City Council adopted its FY2005
Consolidated Annual Action Plan for Community Planning and Development Programs that
includes $3,882,133 for the CDBG Program, $800,000 of program income from housing
loans, $24,245 of demolition lien program income, $708,081 of reprogrammed funds, and
$150,150 for the ESG Program and $1,772,241 for HOME Investment Partnerships
(HOME) Program, $51,243 of the American Dream Downpayment Initiative, $300,000 of
program income and $301,225 of reprogrammed funds totaling $7,989,318 (026237). 2)
On November 15, 2005, the City Council approved an amendment to the scope of work to
allow for Corpus Christi Metro Ministries, Inc. to move a portion of FY05 CDBG project
funding to their new location at 3115 McArdle (M2005-390) and move their FY05 HOME
project funding to their new location at 3115 McArdle (M2005-391).
REQUIRED COUNCIL ACTION: Authorizing the City Manager or his designee to amend
the scope of work and execute FY2005 CDSG and HOME contract agreements with
Corpus Christi Metro Ministries, Inc.
FUNDING: FY2005 CDBG and HOME funds.
RECOMMENDATION: That the City Manager or his designee to amend the scope of work
and execute FY2005 CDBG and HOME contract agreements with Corpus Christi Metro
Ministries, Inc.
4~~
Jona ha Wagner
CD Administrator
Attachments
BACKGROUND INFORMATION
PROJECT BACKGROUND
A. April 26, 2005, the City Council adopted its 2005 CAAP for Community Planning
and Development (CPO) Programs (026237). Included was the approval of the
following $100,838 CDBG project with Corpus Christi Metro Ministries (CCMM) with
CCMM making a capital contribution of $15,000.
November 15,2005, the City Council approved the revised scope of work for CCMM
for Loaves and Fishes at 1906 Leopard St. and at their new location at 3115
McArdle (M2005-390).
Approved Revised Scope
There is no proposed change of scope of work for Loaves and Fishes at 1906
Leopard St.
The following scope of work has been approved for CCMM at 3115 McArdle St.
. E" Building - Replace Load-Bearing Support Beams ($15,000) - Shore up roof
and then remove two rotten water-damaged load-bearing wood support beams,
rotten ceiling sheetrock, rotten roof joists, damaged insulation, and ceiling
mounted electrical equipment and replace affected area with appropriate
materials. Restore to like new condition.
. "E" Building - Roof Replacement ($62,149) Remove existing leaking roof and
dispose of materials. Then replace roof with an appropriate wind-storm certified
roof system that will drain properly. Replace rotten wood decking as required
with new wood, replace all flashing, vents, roof jacks, perimeter metal, and add
guttering and downspouts. Relocate all roof-mounted air conditioning & heating
equipment to raised cement slabs at ground level.
Proposed Revised Scope
The project is evolving and originally included to remove and install security fencing
around the "H" building under the HOME Program. So the whole property, including
the "E" building, will be safe for all renovations and to prevent further vandalism,
CCMM is requesting to remove and install security fencing utilizing FY05 CDBG
funds and not FY05 HOME funds.
· E" Building - Replace Load-Bearing Support Beams ($15,000) - no change
· "E" Building - Roof Replacement ($33,649) - same as the approved revised
scope with a reduction of funding
· Security Fencing Renovation ($28,500) Remove and dispose of 1,088 linear feet
of existing property fence and furnish and install 1 ,289 linear feet of new 8' chain
link fence (9 gauge, 2" mesh, 1.2 ounce per square foot fabric) using 2 Y2" line
posts (Schedule 40 pipe), 3" corner posts, and 3" gate posts (both Schedule 40
pipe). The posts will all be set in concrete. Install three 4' walk gates, one S'
walk gate, two 6' walk gates, and two 12' double drive gates. All fences will have
a top rail of 1 S/8"schedule 40 pipe. Fence will completely enclose property
lines. Remove and discard any existing deteriorated wood fencing.
B. April 26, 200S, the City Council adopted its 200S CAAP for CPO Programs
(026237). Included was the approval of the following $1S0,000 HOME project with
CCMM.
Approved Revised Scope
. "H" Building - Roof Replacement ($65,000) Remove existing deteriorated roof
and all attachments and dispose of materials. Replace roof with an appropriate
30-year Class "A" fiberglass roofing shingled roof system in accordance with
State Board of Insurance requirements and that will drain properly. Replace
wood decking as required with new wood, install new 1" x 2" wood drip strip and
metal flashing, vents, roof jacks, and lead boot flashing, and add guttering and
downspouts. Relocate all roof-mounted air conditioning & heating equipment to
raised cement slabs at ground level.
. "H" Building - Air Conditioning & Heating Renovation, Plumbing, Electrical,
Carpentry, Painting and Cement Work ($56,500) - Replace vandalized and non-
working heating and air conditioning units; relocate units to ground slabs as
appropriate. Reroute refrigerant lines; replace and install air handlers; perform
renovation work to electrical wiring and plumbing; replace non-working plumbing-
related fixtures; perform carpentry, wallpapering, and sheet rock work including
taping, floating, texturing and painting of walls. Also replace water-damaged
ceiling sheet rock and or suspended ceilings as needed. On exterior, remove
rotten porches and rebuild new porch areas, replace rotten siding, perform all
prep work and paint the exterior of the building.
. "H" Building - Security Fencing Renovation ($28,500) Remove and dispose of
1 ,088 linear feet of existing property fence and furnish and install 1 ,289 linear
feet of new 8' chain link fence (9 gauge, 2" mesh, 1.2 ounce per square foot
fabric) using 2 Y2" line posts (Schedule 40 pipe), 3" corner posts, and 3" gate
posts (both Schedule 40 pipe). The posts will all be set in concrete. Install three
4' walk gates, one S' walk gate, two 6' walk gates, and two 12' double drive
gates. All fences will have a top rail of 1 S/8"schedule 40 pipe. Fence will
completely enclose property lines. Remove and discard any existing
deteriorated wood fencing.
Proposed Revised Scope
. H" Building - Roof Replacement ($65,000) - no change
. "H" Building - Air Conditioning & Heating Renovation, Plumbing, Electrical,
Carpentry, Painting and Cement Work ($56,500) - no change
· "H" Building - Other Minor Building Renovations ($28,500) - Other minor
building renovations as needed and to be determined. Could include any
renovation, including but not limited to plumbing, electrical, glass and door
replacement etc.
10
CITY COUNCIL
AGENDA MEMORANDUM
December 20, 2005
AGENDA ITEM:
(a) Authorizing the City Manager, or designee, to submit a grant application to the Coastal Bend
Council of Governments in the amount of $27,733.33, for a third year of grant funding for an
Assistant Compliance Officer, with a City match of $2,500 in the NO.1020 General Fund, and a
total project cost of $30,233.33.
(b) Authorizing the City Manager, or designee, to submit a grant application to the Coastal Bend
Council of Governments in the amount of $4,500, to pay for the disposal of scrap tires collected
through the Neighborhood Initiative Program.
(c) Authorizing the City Manager, or designee, to submit a grant application to the Coastal Bend
Council of Governments in the amount of $10,000 to develop a Community Media Outreach
Campaign for the City's Anti-Litter Ordinance, with a City match of $1 0,000 in the No, 1020 General
Fund, for a total project cost of $20,000.
(d) Authorizing the City Manager, or designee, to submit a grant application to the Coastal Bend
Council of Governments in the amount of $40,000, to purchase new used-oil collection units and
HHW Storage Modules for the new Citizen's Collection Station at the J. C. Elliott Landfill.
ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application
process requires the approval of a resolution by the City Council.
BACKGROUND: The Texas Commission on Environmental Quality (TCEQ) Grants are administered
locally through the Coastal Bend Council of Governments (CBCOG). The purpose of the grant
program is to provide funding for eligible local and regional municipal solid waste projects in support of
the adopted regional solid waste management plan for the CBCOG region. In 2002-2003 Solid Waste
received a total of $125,000 for the following: $45,000 for Household Hazardous Waste Disposal
costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach program, $10,000 for a
Household Hazardous Waste Media/Outreach Program, and $5,000 to publicize and increase
participation in Stop Trashing Corpus Christi Community clean-up events
In 2003-2004 Solid Waste received a total of $56,932 for the following: $46,932 for Solid Waste Local
Enforcement and $10,000 for Litter and lIegal Dumping Cleanup program.
In 2004-05 Solid Waste received a total of $38,619 for the following: $ 26,619 for Solid Waste Local
Enforcement, $2,000 for Education and Training, $10,000 for Litter and lIegal Dumping Cleanup
programs.
In FY 2005-2006 grant funding in the amount of $239,703 will be available through the CBCOG grant
application process for solid waste projects. The four grants requested for the City in FY 2005-2006
total $82,233.33. All requested grant funding supports specific goals and objectives of the CBCOG
Regional Solid Waste Management Plan., TCEQ, and State of Texas.
FUTURE COUNCIL ACTION: Acceptance of a Solid Waste Grants and approval of inter-local
agreements between the City and the CBCOG, appropriation of Federal/State Grant(s).
RECOMMENDATION: Approval of the resolution as submitted.
lffz ~a
Jeffrey D. Kaplan,
Director, Streets & Solid Waste Services
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPLICATION THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE AMOUNT OF $27,733.33, FOR A THIRD
YEAR OF GRANT FUNDING FOR AN ASSISTANT COMPLIANCE
OFFICER SALARY, WITH A CITY MATCH OF $2,500 IN THE NO. 1020
GENERAL FUND, AND A TOTAL PROJECT COST OF $30,233.33.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee. is authorized to submit a grant application
to the Coastal Bend Council of Governments in the amount of $27,733.33 for a third
year of grant funding for an Assistant Compliance Officer salary. The City match for this
grant is $2,500 in the NO.1 020 General Fund, for a total project cost of $30,233.33
SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the
terms and conditions, or terminate the grant, if the grant is awarded to the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 12th day of December, 2005.
Henry Garrett
Mayor
R. Jay Reining
First Assistant 'ty Attorney
For City Attorney
grantres . Complaince Officer.doc
2
Corpus Christi, Texas
20th day of December, 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kell y
Rex A Kinnison
John Marez
Jesse Noyola
Mark Scott
grantres - Complaince Officer.doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPLICATION THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE AMOUNT OF $4,500, TO PAY FOR THE
DISPOSAL OF SCRAP TIRES COLLECTED THROUGH THE
NEIGHBORHOOD INITIATIVE PROGRAM.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a grant application
to the Coastal Bend Council of Governments in the amount of $4,500 to pay for the
disposal of scrap tires collected through the Neighborhood Initiative Program.
SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the
terms and conditions, or terminate the grant, if the grant is awarded to the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 12th day of December, 2005.
Henry Garrett
Mayor
:{~~
. ay elnlng
First Assistant City Attorney
For City Attorney
grantres - Scrap Tires.doc
2
Corpus Christi, Texas
20th day of December. 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kell y
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
grantres - Scrap Tires.doc
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPLICATION THE COASTAL BEND COUNCIL OF
GOVERNMENTS IN THE AMOUNT OF $10,000, TO DEVELOP A
COMMUNITY MEDIA OUTREACH CAMPAIGN FOR THE CITY'S ANTI-
LITTER ORDINANCE, WITH A CITY MATCH OF $10,000 IN THE NO.
1020 GENERAL FUND, AND A TOTAL PROJECT COST OF $20,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager. or designee. is authorized to submit a grant application
to the Coastal Bend Council of Governments in the amount of $10,000 to develop a
community media outreach campaign for the City's anti-litter ordinance. The City match
for this grant is $10.000 in the NO.1 020 General Fund, for a total project cost of
$20,000.
SECTION 2. The City Manager, or designee. may accept. reject. agree to alter the
terms and conditions, or terminate the grant, if the grant is awarded to the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 12th day of December, 2005.
Henry Garrett
Mayor
granlres - Community Media Outreach.doc
Corpus Christi , Texas
20th day of December, 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
grantres - Community Media Outreach. doc
2
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A
GRANT APPLICATION THE COASTAL BEND COUNCil OF
GOVERNMENTS IN THE AMOUNT OF $40,000, TO PURCHASE NEW
USED-Oil COLLECTION UNITS AND HHW STORAGE MODULES FOR
THE NEW CITIZEN'S COLLECTION STATION AT THE J.e. ELLIOTT
LANDFILL.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCil OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager, or designee, is authorized to submit a grant application
to the Coastal Bend Council of Governments in the amount of $40,000 to purchase new
used-oil collection units and HHW storage modules for the new citizen's collection
station at the J.C. Elloitt landfill.
SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the
terms and conditions, or terminate the grant, if the grant is awarded to the City.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: 12th day of December, 2005.
Henry Garrett
Mayor
grantres - citizen collection station.doc
Corpus Christi, Texas
20th day of December, 2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
John Marez
Jesse Noyola
Mark Scott
grantres - citizen collection station.doc
2
11
CITY COUNCIL
AGENDA MEMORANDUM
December 20,2005
AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute an
amendment to the Put/Pay Contract with Dawson Recycling, Inc., offering a 15% discount
off the contract rate when more than 33% of additional tonnage over the base 2,145 tons is
delivered in a contract year.
ISSUE: To amend the existing "Put or Pay" contract with Commercial Solid Waste Haulers
delivering acceptable waste to the J. C. Elliott Landfill for disposal allowing for 15% percent
discount on the contract rate when more than 33% of additional tonnage is delivered in a
contract year.
BACKGROUND: With the acquisition and current development ofthe Cefe Valenzuela
landfill it is necessary to have a consistent flow of solid waste tonnage to develop a sound
business plan for the project. Additionally, competition for solid waste in the Coastal Bend
COG from competing landfills in San Antonio and Robstown had resulted in a decline in
solid waste tonnage with a resulting revenue loss. The amendments will allow for increased
tonnage deliverables for current contract holders and others who have operated as sub-
contractors for at least one contract year with these same contract holders.
RECOMMENDATION: Approve amendment as submitted.
~D~
jji((ref D. Ka61an ---
Director, Solid Waste Services
HJIorilie/council memoslamnd Dawson Put-Pay Agnnnt 12-05
AMENDMENT.., TO
WASTE DISPOSAL AGREEMENT
BETWEEN CITY OF CORPUS CHRISTI
AND DAWSON RECYCLING, INC.
This document amends the Waste Disposal Agreement f'Agreemenf') between the City of
Corpus Christi ("the City"), and Dawson Recycling, Inc. ("Hauler") executed on August 23,
2002.
The parties agree to the following amendments to the Agreement:
1. Section 2.3 of the Agreement is amended by adding a new subsection 2.3.3 to read as
follows:
"2.3. Adjustments to Guaranteed Tonnage.
*
*
*
*
*
2.3.3. If the Hauler increases the Hauler's volume by a minimum of an additional
33% or more over the guaranteed annual tonnaae established in Subsection 2.2.1..
the Hauler is eliaible for a discount off of the oar ton tiDDing fee. Once established
the discount will apDlY from the base year in which the discount was first calculated.
and will aDDlY to all succeedina years keeDina the base tonnage calculation intact."
2. Article 3 of the Agreement is amended by adding a new section 3.3 to read as follows:
"ARTICLE 3. FEES
*
*
*
1<
*
"3.3. Discount for Increased TonnaGe. If the Hauler increases the Hauler's volume by a
minimum of an additional 33% or more over the auaranteed annual tonnage established in
Sub&ection 2.2.1.. the Hauler is eliaible for a 15% discount off of the $19.50Iton liPDing fee
($16.58Iton. Dlus any mandated Federal or State fees). The lowertiPDina fee will be
aoDled retroactivelv to the additional waste once 33% threshold is reached. Once a new
base tonnage is calculated under Subsection 2.3.2. the City will reduce it's billing to the
Hauler at the beginning of each succeeding Year."
4. Section 14.1 of the Agreement is revised to read as follows:
"ARTICLE 14. MISCELL4NEOUS PROVISIONS.
"14.1. Entire Agreement This Agreement merges and supersedes all prior negotiations,
representations, and agreements between the parties. This Agreement and Amendment
#1 to this Agreement constitutes the entire agreement between the parties to this
Agreement in respect of the subject matter of this Agreement.
R53409D1
1
CITY OF CORPUS CHRISTI
Attest:
Armando Chapa
City Secretary
George K. Noe
City Manager
Date:
Approved as to form: This ~ day of !)e.ce InJI'r ,2005
By:
THE STATE OF TEXAS ~
~
COUNTY OF NUECES
This instrument was acknowledged before me on . 2005, by
George K. Noe, City Manager, City of Corpus Christi, a Texas Municipal Corporation, on
behalf of the corporation.
Notary Public
State of Texas
R53409D1
3
The parties to this Agreement have caused this amendment to be executed on the date
the City's representative executes this agreement. This Agreement is intended to take
effed as a sealed instrument."
AGREED TO BY:
DAWSON RECYCLING, INC.
Date:
\)-\"\- 0 c.-
~ -- --c~
Vance Dawson, N
President
THE STATE OF TEXAS ~
~
COUNTY OF ~
This instrument was acknowledged before me on , 2005, by
Vance Dawson, N, President, on behalf of Dawson Recycling, Inc., a limited partnership.
Notary Public
State of Texas
R53409D1
2
12
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 20, 2005
AGENDA ITEM: Authorizing the City of Corpus Christi Parks and Recreation Department
to submit a bid for the 2010 Joint Institute and Trade Show of the Texas Recreation and
Park Society and the Texas Parks and Wildlife Department to be held in Corpus Christi
March ath through March 13th, 2010; and dedicating City resources and the commitment of
the American Bank Center for a total cost of $20,000 to support the bid.
ISSUE: The City of Corpus Christi Parks and Recreation Department would like to submit a
bid to host the 2010 Joint Institute and Trade Show of the Texas Recreation and Park
Society and Texas Park and Wildlife Department. The location to host the event is
determined by a competitive bid process. The conference brings approximately aoo to
1,000 delegates and vendors to the community over the course of six days. A resolution of
the City Council is a requirement of the bid.
REQUIRED COUNCIL ACTION: The City Council must approve the resolution.
PREVIOUS COUNCIL ACTION: none
CONCLUSION AND RECOMMENDATION: Staff recommends approval of this resolution.
Attachments: none
RESOLUTION
AUTHORIZING THE CITY OF CORPUS CHRISTI PARKS AND
RECREATION DEPARTMENT TO SUBMIT A BID FOR THE 2010
JOINT INSTITUTE AND TRADE SHOW OF THE TEXAS RECREATION
AND PARK SOCIETY AND THE TEXAS PARKS AND WILDLIFE
DEPARTMENT TO BE HELD IN CORPUS CHRISTI MARCH 8
THROUGH MARCH 13,2010; AND DEDICATING CITY RESOURCES
AND THE COMMITMENT OF THE AMERICAN BANK CENTER FOR A
TOTAL COST OF $20,000 TO SUPPORT THE BID.
WHEREAS, the City of Corpus Christi Parks and Recreation Department (PARD) is
authorized to submit a bid to host the 2010 Texas Recreation and Park Society
(TRAPS)rrexas Parks and Wildlife Department (TPW) Annual Institute; and
WHEREAS, the City of Corpus Christi Parks and Recreation Department (PARD)
acknowledges the criteria and requirements specified in the site selection criteria for bid
to host the Annual TRAPSrrpW Institute.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION I. The City Council authorizes the City of Corpus Christi Parks and
Recreation Department (PARD) to submit a bid for the 2010 Joint Institute and Trade
Show of the Texas Recreation and Park Society (TRAPS) and the Texas Parks and
Wildlife Department (TPW) to be held in Corpus Christi March 8 through March 13,
2010.
SECTION II. The City Manager, or designee, is authorized to dedicate City resources
and the commitment of the American Bank Center for a total cost of $20,000 to support
the bid described in Section I.
INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas,
on the _ day of ,2005.
ATTEST:
CITY OF CORPUS CHRISTI
APPROVED AS TO LEGAL FORM on the 8th day of December, 2005.
~~
By: Doye Curtis
Chief, Administrative Law Section
Senior Assistant City Attorney
For City Attorney
H :\lEG-DIR\OlgaR\Doyle\Resolu.tion\05.1208DCTRAPS& TPW .FY09-1 Obid.$20,OOO.doc
Corpus Christi, Texas
_ day of , 2005
The above resolution was passed by the following vote:
Henry Garrett.
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H :\LEG-DI R\OlgaR\Doyle\Resolu.tion\05 .1208DC TRAPS& TPW. FY09-1 Obid.$20 ,000 .doc
13
CITY COUNCIL
AGENDA MEMORANDUM
December 20, 2005
AGENDA ITEM: Ordinance appropriating $30,000 from the unappropriated fund
balance in the Maintenance Services Fund No. 5110 for asbestos removal from
City facility located at 1409 Leopard Street (a.k.a. Sears Building); amending annual
budget adopted by ordinance 026385 by increasing appropriations by $30,000;
and declaring an emergency.
ISSUE: The National Guard has agreed to demolish the structure (a. k. a. the old
Sears' building) next to City Hall on Leopard Street through the Neighborhood
Visions Committee's Operation Clean Sweep Program. The demolition service
will be provided at no cost, but the City must pay for asbestos remediation and air
monitoring service prior to the demolition.
The demolition is scheduled during the Operation Clean Sweep demolition
mission from January 23 to February 3,2006.
REQUIRED COUNCIL ACTION: Approval of the ordinance.
FUNDING:
CONCLUSION AND RECOMMENDA liON: Approval of the Ordinance.
vo ne Morales Haag
. or
Neighborhood Services Department
BACKGROUND INFORMATION
The city facility located at 1409 Leopard Street (a.k.a. Sears Building) is slated for
demolition by the National Guard during the next scheduled mission coordinated by the
Neighborhood Visions Committee and the City's Neighborhood Services Department
(January 23 - February 3,2006).
The structure has been thoroughly inspected by Facilities Maintenance, Code
Enforcement, Engineering, Building Inspection and the Police Department and deemed
structurally unsafe, and an attractive nuisance for crime, thus making it eligible for
demolition by the National Guard.
The parking overhangs facing Sam Rankin Street are routinely used by vagrants as a
place to sleep at night, especially during inclement weather; on several occasions,
vagrants have pried off fascia boards and entered the building during colder periods;
maintenance staff and Park's ground staff have reported finding a significant number of
syringes and other drug paraphernalia on a regular basis; evidence of other criminal
activity; and there is strong evidence of rodent infestation.
The structure has been used by various City Departments for storage of aged records,
recyclable office equipment, and material to be sold for scrap. It has been utilized in this
capacity for over fifteen years, during which period it has received no capital improvements
or major repairs. All environmental systems are non-operational and/or non-existent at this
time.
ORDINANCE
APPROPRIATING $30,000 FROM THE UNAPPROPRIATED
FUND BALANCE IN THE MAINTENANCE SERVICES FUND NO.
5110 FOR ASBESTOS REMOVAL FROM CITY FACILITY
LOCATED AT 1409 LEOPARD STREET (A.K.A. SEARS
BUILDING); AMENDING ANNUAL BUDGET ADOPTED BY
ORDINANCE 026385 BY INCREASING APPROPRIATIONS BY
$30,000; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That $30,000 from the unappropriated fund balance in the
Maintenance Services Fund No. 5110 is appropriated for asbestos removal from
city facility located at 1409 Leopard Street (a.k.a. the old Sears building.)
SECTION 2. That the annual budget adopted by Ordinance 026385 is amended
to increase appropriations by $50,000.
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 __._ __~.___, 2005
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: December 15, 2005
,,~~~
Lisa Aguilar
Assistant City Attorney
for City Attorney
Corpus Christi, 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: IIwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfu lIy,
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
14
AGENDA MEMORANDUM
DATE: December 20,2005
SUBJECT: Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 2
(Project No. 2247)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to award a construction contract in
the amount of $627,174.20 with Coastal Resources of Corpus Christi, Texas for the
Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 2.
ISSUE: Various concrete lined channels and bridges located throughout the City are
deteriorated and require repair and rehabilitation. Phase 2 of the Concrete Lined Channel
Rehabilitation Project consists of the Airport Ditch. The total fee of $627,174.20 exceeds
the $25,000 contract limit; and requires City Council approval.
FUNDING: Funds for this project are available in the FY 2004-2005 Storm Water Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
I
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Project Budget
Exhibit "C" Bid Tabulation
Exhibit "0" Location Map
H \USERS2IHOMEIVELMAPIGENIDRAINAGE'2247\AGENDA MEMO
BACKGROUND INFORMATION
SUBJECT: Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 2
(Project No. 2247)
PRIOR COUNCIL ACTION:
1. March 29, 20054 - Appropriation of the Fiscal Year 2004-2005 Capital Budget and
Capital Improvement Planning Guide in the amount of $178,074,800 (Ordinance No.
026188).
2. January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the Contract For Professional Services with HDR Engineering, Inc.
in the amount of $433,234, for a total restated fee of $458,207, for the Concrete Lined
Channel Rehabilitation and Bridge Rehabilitation Project as follows: (Motion No. M2005-
0(9)
· Concrete Lined Channel Rehabilitation: Van Galen, Phase 1
· Concrete Lined Channel Rehabilitation: Carroll West
· Concrete Lined Channel Rehabilitation: Airport, Phase 2
· Concrete Lined Channel Rehabilitation: Flynn Shea
· Bridge Rehabilitation: Kingsbury Drive
· Bridge Rehabilitation: Lexington Road
· Drainage Channel Excavation: Saratoga Boulevard Bridge
3. February 22, 2005 - Motion authorizing the City Manager, or his designee, to award a
construction contract in the amount of $178,750.25 with Isensee Construction of Corpus
Christi, Texas for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase 1
(Motion No. M2005-057).
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
3 March 15, 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum NO.3 to the Request for Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
5. March 28, 2002 - Addendum NO.4 to the Request for Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
6 April 11, 2003 - Letter Of Notification NO.1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
H \LJSERS2\HOMf .VELMAPIGEN\DRAINAGEI2247\AGINDA BJ'.OGRDUND
PRIOR ADMINISTRATIVE ACTION (continued):
7 April 17, 2003 - Addendum No. 1 to the Letter Of Notification No. 1 to the Request tor
Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering firms (28 local and 14 out-ot-town).
8. April 25, 2003 - Addendum NO.2 to the Letter Of Notification NO.1 to the Request for
Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering tirms (28 local and 14 out-ot-town).
9 AUQust 4, 2003 - Letter Of Notification NO.2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation. Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
10. February 6, 2004 - Letter Of Notification No.3 to the Request for Qualifications (RFQ)
No. 2002-01 (Storm Water Projects) to 42 engineering firms (28 local and 14 out-of-
town).
11 February 12, 2004 - Addendum No. 1 to the Letter Of Notification NO.3 to the Request
for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) to 42 engineering firms (28
local and 14 out-of-town).
12. September 30, 2004 - Executed Small AlE Agreement with HDR Engineering, Inc. in the
amount of $24,973 for the Concrete Lined Channel Rehabilitation: Airport Ditch, Phase
1
13. October 20, 2005- Administrative approval ot Change Order No. 1 to the Construction
Contract with Isensee Construction of Corpus Christi, Texas in the amount of
$11,384.50, tor a total re-stated contract fee of $190,134.75, tor the Concrete Lined
Channel Rehabilitation: Airport Ditch, Phase 1.
FUTURE COUNCIL ACTION: Construction contracts to complete the Concrete Lined Channel
Rehabilitation and Bridge Rehabilitation Project as follows:
. Concrete Lined Channel Rehabilitation: Flynn Shea
. Bridge Rehabilitation: Kingsbury Drive, Lexington Road
. Drainage Channel Excavation: Saratoga Boulevard Bridge
PROJECT BACKGROUND: On February 6, 2004, Letter Of Notification No.3 to the Request
tor Qualifications (RFQ) No. 2002-01 (Storm Water Projects) was issued to 42 engineering firms
(28 local and 14 out-of-town), ot which the Concrete Lined Channel Rehabilitation and Bridge
Rehabilitation Project is included. On September 30, 2004, a Small AlE Agreement was
executed with HDR Engineering, Inc. In the amount of $24,973 for developing plans and
specifications to complete urgently needed repairs to the concrete liner of the Airport Ditch,
Phase 1.
On January 11, 2005, Amendment No. 1 was approved by the City Council. Amendment NO.1
includes Basic Services and Additional Services for the specified sites as follows:
.
Concrete Lined Channel Rehabilitation: Van Galen Phase 1
Concrete Lined Channel Rehabilitation: Carroll West
Concrete Lined Channel Rehabilitation: Airport Phase 2
Concrete Lined Channel Rehabilitation: Flynn Shea
Bridge Rehabilitation: Kingsbury Drive, Lexington Road
Drainage Channel Excavation at Saratoga Boulevard Bridge
.
.
.
.
.
EXHIBIT "A"
Paqe 2 of 4
H"IUSERS2\HOMEIVELMAP\GE NIORAINAGF2247\A{ ;ENDA BA<" ~ r;FWIINO
The Airport Ditch, Phase 1 Project was awarded on February 22, 2005 to Isensee Construction
of Corpus Christi, Texas. Phase 1 of the project addresses two (2) areas of the Airport Ditch in
need of urgent repairs:
Just north of West Point Road - the concrete liner on the east side has failed due to a
shear failure in the soil behind it. The shear failure has also impacted the bottom in this
area pushing it up
2. At the south end of the concrete lined section - near Gavilan Street and Los Robles
Drive, the concrete liner has been undermined and is severely cracked and broken.
The project consists of the removal and replacement of approximately 1,465 square yards of
concrete channel liner at two locations including all appurtenances and associated work in
accordance with the plans, specifications, and contract documents. Phase 1 of the project is
complete and has been accepted by the City Manger's Office on November 14, 2005.
PROJECT DESCRIPTION: The proposed project consists of the removal and replacement of
concrete channel liner at multiple locations:
Base Bid - Repair liner failures in worst locations; approximately 2,200 square yards in
ten (10) locations.
Additive Alternate NO.1 - Replace liner at location at the largest heaved area in the
bottom; approximately 1,040 square yards in one (1) location.
Additive Alternate NO.2 - Replace liner at location at the second largest heaved area
in the bottom; approximately 1,170 square yards in one (1) location.
Additive Alternate No.3 - Repair of approximately 90 linear feet of slope failure along
the south side of the Horne Road Ditch near Theresa Street (street side).
Additive Alternate NO.4 - Repair of approximately 270 linear feet of slope failure on
the north side of the Horne Road Ditch near Theresa Street (golf course side).
The work includes all appurtenances and associated work in accordance with the plans,
specifications, and contract documents.
BID INFORMATION: Bids were received on December 7,2005 with four (4) bidders submitting
proposals The bid proposal was set up with a Base Bid and four (4) Additive Alternates. The
bids range as follows:
Base Bid from $280,687.00 to $683,095.00
Additive Alternate NO.1 from $110,797.50 to $313,280.00
Additive Alternate No.2 from $132,092.10 to $360,745.00
Additive Alternate NO.3 from $44,305.60 to $126,240.00
Additive Alternate NO.4 from $39,692.00 to $169,600.00
The lowest bid was submitted by Coastal Resources of Corpus Christi, Texas. The City's
consultant, HDR Engineering, Inc., and City staff recommends a contract be awarded to Coastal
Resources for the Base Bid in the amount of $280,687, and the Additive Alternate Nos. 1, 2, 3,
and 4 in the amount of $346,487.20. for a total contract award of $627,174.20.
EXHIBIT "A"
Pa e 3 of 4
,hUSERS2IHOMEIVELMAPIGEN\DRAINAGEQ.'4 T'AGI NDA RAC h (;H".'ND
CONTRACT TERMS: The contract specifies that the working time for completion is as follows:
r...__~a_....._. -.'----- I
i Contract Calendar Anticipated Completion Date
I Days
_.,..._,-~.-_."-
Base Bid 75 April 7, 2006
Base Bid plus Additive Alternate NO.1 120 May 22, 2006
Base Bid plus Additive Alternates Nos. 1, 2 160 July 1, 2006
Base Bid plus Additive Alternates Nos. 1, 2, 3 190 July 31,2006
Base Bid plus Additive Alternates Nos. 1.2, 3,4 220 August 30,2006
FUNDING: Funds for this project are available in the FY 2004-2005 Storm Water Capital
Improvement Budget.
H:\USERS2\HOMEIVEL MAP\GEN\DRAINAGE\224 7\AGENDA BAC KC;hOUND
CONCRETE LINED CHANNEL REHABILITATION
AIRPORT DITCH, PHASE 2
(Project No. 2247)
December 20,2005
FUNDS AVAilABLE:
Storm Water CIP. ....
$788,372.20
FUNDS REQUIRED:
Construction (Coastal Resources)......
Contingencies (10%). .....
Consultant (HDR Engineering, Inc.)......
Major Projects Activity ... ... ............
Construction Inspection Activity.
Printing.. .
Advertising........ .
Total.... ........
$627,174.20
62,700.00
69,183.00
9,500.00
18,815.00
500.00
500.00
$788,372.20
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EXHIBIT "'0"
CITY COUNCIL EXHIBIT ~
OEPA,?TMENT OF ENGINEERING SERVICES ..
PAGE: 1 of 1 ~
--
- -
DATE: 12-15-2005 ~
CONCRETE LINED CHANNEL REHABILITATION.
AIRPORT DITCH, PHASE /I
Ci iF;,'S ll, / L >-./'-~,_
15
AGENDA MEMORANDUM
December 20,2005
AGENDA ITEMS:
Motion authorizing the City Manager, or his designee, to execute Change Order NO.1
with Robles & Sons, Inc. of Cibolo, Texas, in the amount of $58,488.00 for a
construction contract for the Corpus Christi International Airport Air Traffic Control
Tower Demolition Project for total restated contract amount of $333,488. Project No.
1081
ISSUE: Additional work is required to provide additional demolition and wind storm rated walls
on the electrical and mechanical room that is being retained on site.
FUNDING: Funding is available from Airport Capital Improvement Funds.
RECOMMENDATION: Approval of the motion as presented.
r
J1~co::1~
Director of Engineering Services
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Dave Hamrick
Director of Aviation
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit B. Change Order Summary
Exhibit C Location Map
H :\HOME\KEVINS\GE N\AIR\A TCT\Demol ilion ICO 1 MemoDemo. doc
BACKGROUND INFORMATION
ADDITIONAL INFORMATION:
Additional demolition is necessary to remove the carpenter's shop and cooling tower.
The work will be coordinated to allow the electrical vault to remain in operation. The
demolition includes removal of the foundation, backfill, grading, and site restoration.
The contractor will provide temporary fencing, new interior partitions and asbestos
removal
The demolition will require construction of exterior walls for the electrical and
mechanical rooms to match existing finishes. These rooms were attached to the old Air
Traffic Tower. The original demolition plan called for the reconstruction of one wall.
The additional demolition resulted in the need to construct three exterior walls that must
comply with wind load requirements. The original plans and specifications did not
provide for the walls to be reconstructed.
PRIOR COUNCIL ACTIONS:
Julv 12, 2005 - Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $275,000.00 with Robles & Sons, Inc. of Cibolo,
Texas, for the Corpus Christi International Airport Air Traffic Control Tower Demolition
project (M2005-221).
November 15, 2005 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 to the engineering contract in the amount of $12,760.00 for a
restated fee of $36,760.00 with Maverick Engineering of Corpus Christi, Texas, for the
Corpus Christi International Airport Air Traffic Control Tower Demolition project.
ADMINISTRATIVE ACTIONS:
March 21, 2003 - Award of an engineering services contract in the amount of $24,000
to MEI Govind for the demolition the Corpus Christi International Airport Air
Traffic Control Tower.
May 11, 2005 - Award of an asbestos consulting and abatement monitoring contract in
the amount of $24,000 to All Points Environmental of Corpus Christi for
demolition the Corpus Christi International Airport Air Traffic Control Tower.
CHANGE ORDER: The change order provides for the additional demolition and
construction of three (3) exterior windstorm rated walls and modifications to roof
sections around the electrical control room.
FUNDING:
Funding is available from Airport CIP Funds.
BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the Agenda Items
and recommends approval.
H\HOME\KEVINS\GEN\AIR\A TCT\Demolition\C01 BkgExhADemo.doc
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
DECEMBER 15, 2005
PROJECT: Air Traffic Control Tower Demolition - Project No. 1081
APPROVED: July 12, 2005 - COUNCIL MOTION No. 2005-221
CONTRACTOR: Robles & Sons
750 North Main
Cibolo, TX 78108
TOTAL CONTRACT AMOUNT......................
25% Limit Amount...... ..... ............. .............
275,000.00
68,750.00
Change Order NO.1 (12/15/05) ...................
T ota I.. ... ... ..... ......... . . . . .. .. . .. . .. . ..
58,488.00
58,488.00= 21.3% < 25%
CHANGE ORDER
Department of Engineering Services
City of Corpus Christi, Texas
CHANGE ORDER NO ~ PROJECT NO: 1081
Operating Department Corpus Christi Department of Aviation
CONTRACT TIME: 60 Calendar Davs
DATE: December 15, 2005
Name of Project
CCIA - Air Traffic Control Tower Demolition
Contractor
Robles & Sons, Inc.
CHANGE
ADD
DEDUCT
Delete Bid Items 2,3,4,5,6,7.8,9, 10,11 and 13
$41,800.00
2 Complete demolition and disposal of additional 7500 SF of one- $100,288.00
story masonry structure, carpenter shop, cooling tower building,
and all associated foundations; surgical structural separation in
order to allow the electrical vault wing to remain operational; complete
asbestos abatement (and ACM disposal) of buildings; construction
of exterior wall (3 ea.) and interior partitions; grading, backfilling,
compacting and site restoration typical of existing scope;
3
Demolition and disposal of existing engine generator shelter,
concrete slabs; backfilling and compacting per existing scope.
$
0.00
TOTAL: $58.488.00
Why was this change necessary? (If left off the plans and specifications, explain why)
1. Additional Scope of work added to the proiect.
2. Additional scope of work added to the proiect.
3. Additional scope of work added to the project.
How can similar changes be avoided in the future?
1. Unavoidable
2. Unavoidable
3. Unavoidable
.A.. CONTRACT PRICE $
B. TOTAL CHANGE ORDER (inc. current) ............ .. . $
C. NEW CONTRACT PRICE .. $
D. THIS CHANGE ORDER............... ... $
E. PERCENT TOTAL CHANGE (B/A)......................................
F PREVIOUS ADDN'l TIME AUTHORiZED..... ................
G. ADDN'l CONTRACT TIME THIS CHANGE ORDER......
H TOTAL ADDITIONAL TIME....... .............
275.000.00
58.488.00
333.488.00
58.488.00
21.3 %
o cd
120 c d
120 cd
Project Engineer
CITY OF CORPUS CHRISTI, TEXAS
CONTRACTOR: Robles & Sons, Inc.
By: ____..
By:
City Engineer
Title:
APPROVED
Operating Department
Management/Budget Department
legal Department
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CITY PROJECT No. 1081
EXHIBIT "C"
eey en CORPt...) CHRISTi, fEXAS
CITY COUNCIL EXHIBIT
I DEPARTMENT OF ENGINEERING SERVICES
I PAGE: 1 of 1
Ii DATE: 07-12-2005
II
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CCIA AIR TRAFFIC CONTROL TOWER
DEMOLITION
16
CITY COUNCIL
AGENDA MEMORANDUM
December 20,2005
AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute two
interlocal government agreements with the San Patricio Municipal Water District for
construction and maintenance of a new bridge crossing Hondo Creek and for maintenance
of a 60-foot wide road to the City's proposed water pumping plant, both pending acquisition
of an Access Easement by the City from Koch Pipeline Co. L.P., all in connection with the
Rincon Bayou Diversion Pipeline Project.
ISSUE: The City is working closely with the Texas Commission on Environmental Quality
(TCEQ) on implementing an on-going monitoring and assessment program which will
include a management program for additional inflows into the Nueces Estuary through the
Rincon Bayou. These additional inflows will be provided via the Rincon Bayou Diversion
Pipeline Project. The project consists of constructing 10,200 linear feet of pipeline, a new
pump station, a discharge structure, and the removal and replacement of a deteriorated
168 foot bridge across Hondo Creek. The San Patricio Municipal Water District (SPMWD)
operates a pumping plant on the Nueces River and also has a sixty (60) foot right of way
and waterline easement to their plant which crosses Koch's property. The City would like
to enter into an agreement with the SPMWD for perpetual use of their road and bridge. An
agreement has been drafted and agreed upon by both parties which contains terms and
provisions for shared costs of construction for the new bridge and for future maintenance
costs of the road. City Council approval is required to enter into Interlocal Government
Agreements.
FUNDING: None required.
RECOMMENDATION: Approval of the resolution as presented.
/
1;4~~
~ngel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A. Background Information
Exhibit B. Prior Council Action
Exhibit C. Bridge Construction Agreement Summary
Exhibit D. Road Maintenance Agreement Summary
Exhibit E. Project Location Map
H:\HOME\EUSEBIOG\GEN\Agenda Items\Rincon Bayou Pipeline Diversion.lnterlocal Agr..SPMWD\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Rincon Bayou Diversion Pipeline (Project #8416)
Interlocal Government Agreements with
San Patricio Municipal Water District (SPMWD)
PRIOR COUNCIL ACTION: See attached Exhibit B.
FUTURE COUNCIL ACTION: Additional Council action may be required for change
orders that might arise from the construction contract in connection with the pipeline and
bridge construction.
OVERVIEW: This project consists of 10,200 linear feet of pipeline, a new pump station, a
discharge structure, and removal and replacement of a deteriorated 168 foot bridge on
Hondo Creek. The project is designed to enhance the environmental health and biological
productivity of the Rincon Delta, Nueces and Corpus Christi Bays. The project is required
as part of the revised reservoir operating plan approved by the Texas Commission on
Environmental Quality (TCEQ) which reduced mandatory reservoir releases.
A construction contract was awarded to Ramos Industries, Inc. on October 25,2005 for
construction of the bridge, waterline and pumping plant. A Notice to Proceed has been
given to the contractor who is currently mobilizing for the project. In preparation for
construction of the pumping plant, the City must reconstruct a bridge across Hondo Creek.
The City is to receive an Access Easement from Koch Pipeline Co. LP which will grant
permanent access in the form of an perpetual access easement. The City then proposes
to enter into two (2) Interlocal Government Agreements whereby the City will share 40.27%
of the total costs for reconstruction of the bridge and 50% of the annual maintenance costs
of the SPMWD road. The total cost of the Hondo Bridge construction amounts to
$741,341 of which SPMWD is responsible for 59.73% or $442,802.98. This amount will be
reimbursed to the City for application to the entire pipeline project.
EXHIBIT A
PRIOR COUNCIL ACTION
1 April. 1991 and April 1992. Approval of participation with the Port Authority, Corpus
Christi Board of Trade, and the Texas Water Development Board (including partial
funding) in the Nueces Estuary Regional Wastewater Planning Study, Phase I in
April, 1991 ($25,000 of $150,000) and Phase II in April, 1992 ($79,000 of
$258,000).
2. January, 1994. Approval of the Capital Improvement Program which included an
Effluent Return Flows Pilot Project to evaluate the potential for meeting the
requirement for water releases into the Bay Estuaries using wastewater diversion in
lieu of freshwater releases.
3. March 1,1994. Award of a contract in the amount of $117,500 to the joint venture
of Urban Engineering and Govind & Associates for engineering services associated
with the construction of an Effluent Diversion Demonstration Project (M94-051).
4. September 26. 1995. Acceptance of an easement for a 28.109 acre effluent
diversion site, a 1.019 acre pipeline easement, and a 25 foot wide temporary
construction easement from Mr. O.S. Wyatt in connection with the Effluent Diversion
Demonstration Project in return for the construction of a 2.5 inch water pipeline
valued at $48,500 for livestock watering purposes (M95-284).
5. October 15.1996. Award of a contract in the amount of $18,850 to the Conrad
Blucher Institute and the Center for Coastal Studies at Texas A&M University-
Corpus Christi for continuous salinity monitoring in the Nueces Bay (M96-332)
6. November 19. 1996. Award of a contract for consulting services with the Marine
Sciences Institute of the University of Texas at Austin for Biological Monitoring of the
Effects of Wastewater Effluent Diversions on Primary and Secondary Production in
the Rincon Delta and Nueces Bay in the amount of $70,000 (M96-348).
7. April 8. 1998. Acceptance of an Access Easement valued at $15,000 from Mr. John
S. McGregor for access over a 20-foot wide road for the purpose of constructing and
operating a dispersal facility (M97-73).
8. April 8. 1998. Award of contract in the amount of $825,621 with West Oaks
Constructors, Inc. for construction of the Allison WWTP/Nueces Estuary Effluent
Diversion Demonstration Project.
9. November 24. 1998. Award of contracts for consulting services:
a. in the amount of $52,500 with the Center for Coastal Studies (CCS) for
Ecological/Biological Monitoring of Treated Wastewater Diversions in the Rincon
Delta and Nueces Bay (M98-398);
b. in the amount of $90,500 with the Conrad Blucher Institute (CBI) for On-Going
Salinity Monitoring in the Rincon Delta and Nueces Bay (M98-399); and
EXHIBIT B
1 of 4
c. in the amount of $84,500 with the University of Texas Marine Sciences Effluent
Diversions on Primary and Secondary Production in the Rincon Delta and
Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of
Wastewater (M98-400).
10. September 28.1999. Award of Amendment NO.1 for consulting services:
a. in the amount of $55.500 with the Center for Coastal Studies (CCS) for
Ecological/Biological Monitoring of Treated Wastewater Diversions in the
Rincon Delta and Nueces Bay (M99-337);
b. in the amount of $85,784 with the Conrad Blucher Institute (CBI) for On-Going
Salinity Monitoring in the Rincon Delta and Nueces Bay (M99-338); and
c. in the amount of $93,484 with the University of Texas Marine Sciences Effluent
Diversions on Primary and Secondary Production in the Rincon Delta and
Nueces Bay. Institute (UTMSI) for Biological Monitoring of the Effects of
Wastewater (M99-339).
11. October 10. 2000.
a. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the Center for Coastal Studies in the
amount of $53,672 for Ecological/Biological Monitoring of Treated Wastewater
Diversions in the Rincon Delta and Nueces Bay (M2000-360).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the Conrad Blucher Institute in the
amount of $86.286 for On-Going Salinity Monitoring in the Rincon Delta and Nueces
Bay (M2000-361).
c. Motion authorizing the City Manager, or his designee, to execute Amendment No.
2 to the contract for consulting services with the University of Texas Marine Sciences
Institute in the amount of $110,953 for Biological Monitoring of the Effects of
Wastewater Effluent Diversions on Primary and Secondary Production in the Rincon
Delta and Nueces Bay (M2000-362).
12. Motion authorizing the City Manager, or his designee, to execute a contract for
consulting services with Alan Plummer and Associates, Inc., of Austin, Texas, in the
amount of $45,920 for Analysis, Evaluation and Report Preparation required by Texas
Natural Resource Conservation Commission discharge permit related to the
Wastewater Effluent Diversions in the Rincon Delta and Nueces Bay (M2000-363).
13. March 13.2001 - Motion authorizing the City Manager, or his designee, to execute an
engineering services contract in the amount of $40,000 with HDR Engineering for
services related to the Re-Opening of the Rincon Overflow Channel and the
construction of a pipeline from the Calallen Reservoir to the Nueces Delta for a price
to be negotiated (M2001-106).
14. Julv 17. 2001 - Motion authorizing the City Manager, or his designee, to execute a
construction contract in the amount of $74,300 with Gallager Construction for the
Rincon Diversion Project - Nueces Overflow Channel (M2001-273).
15. October 23. 2001 - Motion authorizing the City Manager, or his designee, to
execute a consulting contract in the amount of $104,500 with Alan Plummer
EXHIBIT B
20f4
Associates, Inc., for Nueces Delta Monitoring Program, Program Coordination, and
Report Integration Services (Rincon Bayou Diversions) (M2001-402).
16 November 13.2001 -
a. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the Center for Coastal Studies in the
amount of $71,170 for Ecological/Biological Monitoring of Treated Wastewater
Diversions in the Rincon Delta and Nueces Bay (M2001-421).
b. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the Conrad Blucher Institute in the
amount of $87,470 for On-Going Salinity Monitoring in the Rincon Delta and
Nueces Bay (M2001-422).
c. Motion authorizing the City Manager, or his designee, to execute Amendment No.
3 to the contract for consulting services with the University of Texas Marine
Sciences Institute in the amount of $173,664 for Biological Monitoring of the
Effects of Wastewater Effluent Diversions on Primary and Secondary Production
in the Rincon Delta and Nueces Bay (M2001-423).
17. June 25. 2002 - Motion authorizing the City Manager, or his designee, to execute a
contract and to ratify services provided by the University of Texas Marine Sciences
Institute, in an amount not to exceed $118,192 for biological monitoring services
associated with the Rincon Bayou Diversion Project. (M2002-179)
18. November 19. 2002 - Motion authorizing the City Manager of his designee to execute
Amendment NO.1 to a contract with the University of Texas Marine Sciences
Institute, in an amount not to exceed $165,748 for biological services associated with
the Rincon Bayou Diversion Project. (M2002-398)
19. May 13. 2003 - Resolution recognizing the public necessity of acquiring waterline,
surface site and construction easements for the Rincon Bayou Diversion Pipeline,
Project # 8416, for a water pipeline and pumping station in connection with the
project; and authorizing acquisition by means of negotiations or eminent domain
proceedings by the City of Corpus Christi or its agents in acquiring the necessary
easements. (Resolution No. 025283)
20. September 14. 2004 - Motion authorizing the City Manager or his designee to execute
a Utility Easement, Surface Site Easement, and Access Easement instrument with R.
Bryan Gulley, for Parcels 1A,1 B, 1 C, and 1 D, in the total amount of $85,000,
necessary for the Rincon Bayou Diversion Pipeline, Project #8416, and for other
municipal purposes. (Motion No. M2004-351)
21. March 8. 2005 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.7 to the engineering services contract with HDR Engineering, Inc. in
the amount of $292,840 for the Rincon Channel Pipeline Project. Motion authorizing
the City Manager, or his designee, to execute Amendment NO.7 to the engineering
services contract with HDR Engineering, Inc. in the amount of $292,840 for the
Rincon Channel Pipeline Project.
EXHIBIT B
30f4
22. March 29. 2005 - Ordinance adopting and appropriating the FY2005 Capital Budget
and Capital Improvement Guide - Ord. #026188.
23. October 25,2005-
a. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of
$7,223,581.00 for the Rincon Bayou Diversion Project Intake Pump Station,
Diversion Pipeline, and Discharge Structure Hondo Creek Bridge Replacement
Project (Base Bid #3). (Motion No. 2005-374)
b. Motion authorizing the City Manager, or his designee, to execute a project
management/inspection contract with Anderson Group Construction Management,
Inc. of Corpus Christi, Texas in the amount of $65,490.00 for the Rincon Bayou
Diversion Project Intake Pump Station, Diversion Pipeline, and Discharge
Structure Hondo Creek Bridge Replacement Project. (Motion No. 2005-375)
c. Motion authorizing the City Manager, or his designee, to execute a construction
materials engineering laboratory's inspection and materials testing services
contract with Kleinfelder , Inc. of Corpus Christi, Texas in the amount of
$32,270.00 for the Rincon Bayou Diversion Project Intake Pump Station, Diversion
Pipeline, and Discharge Structure Hondo Creek Bridge Replacement Project.
(Motion No. 2005-376)
H:\HOME\EUSEBIOG\GEN\Agenda Items\Rincon Bayou Pipeline Diversion.CBBEP\Prior Council Action.doc
EXHIBIT B
4of4
SUMMARY OF INTERLOCAL GOVERNMENT AGREEMENT
BRIDGE CONSTRUCTION
This Interlocal Government Agreement is entered into by the City of Corpus Christi
("City") and San Patricio Municipal Water District ("District"). The City and the District
agree as follows:
1.01 Definition of Terms: 1) Construction Cost 2) Project.
2.01 Ownership of the Proiect: The District is currently the owner of the improvements
located within the easements and will remain the owner after completion of the
project.
3.01 Payment: The City will be the primary contractor to design, contract for, and build a
bridge across Hondo Creek.
3.02 Costs: The cost of engineering design, testing, construction and all other costs
directly related to the work will be split between the parties with the City paying
40.27% and the District paying 59.73%.
3.02 Remedies Upon Default: If either party defaults under the Contract, the party
claiming default shall give the other party written notice which specifies the nature of
the default and the remedy required. The defaulting party has 60 days to cure
default. If the defaulting party does not cure default, the party claiming default may
seek any remedy available at law or equity.
3.02 Payments from current revenues: All payments made under this contract shall be
made from current revenues available to the District or the City.
3.02 Fair Compensation: The payments made under this contract fairly compensate the
party providing the function or service.
4.01 Compliance with Federal, State and Local laws: The contract is subject to all
applicable Federal and State laws, and any applicable permits, approvals,
ordinances, rules, orders and regulations of any local, state, or Federal government
authority having or asserting jurisdiction.
5.01 Force Maieure: If by reason of force majeure, any party that shall be rendered
unable to wholly or in part carry out its obligations under this contract, shall give
notice of full particulars of such force majeure to the other party within a reasonable
time after occurrence of the event or cause. The obligation of the party giving
notice shall be suspended during the continuance ofthe inability then claimed, but
for no longer period. Then the subject party giving notice shall endeavor to remove
or overcome such inability with all reasonable dispatch.
6.01 Default: The contract is not intended to specify an exclusive remedy for any default,
but all such remedies existing at law may be availed by any party and shall be
cumulative.
EXHIBIT C
7.01 Point of Contact: Each party will designate an employee for giving notice and
communicating all matters concerning this contract.
8.01 Term: The contract shall be in full force and effect as set forth in Section 9.07 and
shall be automatically renewed annually unless canceled by either party by giving at
least one (1) year advance written notice to the other party.
9.02 No Third Party Beneficiaries: This contract shall inure only to the benefit of the
parties mentioned and third persons not privy shall not be considered third party
beneficiaries to this contract.
9.03 Severability: The provisions of this contract are severable.
9.04 Notice: Notices are to be provided to the other party by hand delivery or via U.S.
Postal Service to the parties stipulated in the contract. San Patricio Municipal
Water District and the City of Corpus Christi, Texas.
9.05 Good Faith: Each of the parties to the contract are obligated to use good faith in
perfoming its obligations under this contract.
9.06 Texas Law to Apply: This contract shall be construed under and in accordance with
the laws of the State of Texas. The venue to any disputes arising shall be in a
court of competent jurisdiction in San Patricio County, Texas.
9,07 Effective Date: The effective date shall be the date on which the last party signs the
contract.
EXHIBIT C
SUMMARY OF INTERLOCAL GOVERNMENT AGREEMENT
ROAD AND BRIDGE MAINTENANCE
This Interlocal Government Agreement is entered into by the City of Corpus Christi
("City") and San Patricio Municipal Water District ("District"). The City and the District
agree as follows:
1.01 Definition of Terms: 1) Maintenance and Improvement expenses, 2) Project.
2.01 Ownership of the Proiect: The District is currently the owner of the improvements
located within the easements and will remain the owner after completion of the
project.
3.01 Payment: On an annual basis, the District will estimate the total cost of
maintenance and improvement expenses of the project for the following twelve
months. These annual expenses will be shared one-half by the City and one-half
by the District.. The estimated annual expenses due from the City shall be divided
by 12 and billed on a monthly basis. Annually the District will reconcile the
estimated annual expenses with the actual expenses for the prior year and if the
annual expenses have been over-estimated, give credit to the City for any
overpayment. If the annual expenses have been underestimated, the City shall
increase its subsequent payments by one-twelfth of the gross underpayment.
3.02 Payments Due: All payments due from the City shall be made between the first and
tenth of each month. Any failure of the City to pay the monthly amount within 60
days is considered a default.
3.02 Remedies Upon Default: If either party defaults under the Contract, the party
claiming default shall give the other party written notice which specifies the nature of
the default and the remedy required. The defaulting party has 60 days to cure
default. If the defaulting party does not cure default, the party claiming default may
seek any remedy available at law or equity.
3.02 Payments from current revenues: All payments made under this contract shall be
made from current revenues available to the City.
3.05 Fair Compensation: The payments made under this contract fairly compensate the
party providing the function or service.
4.01 Operation of Proiect: The District will continuously operate and maintain the
Project.
4.02 The Proiect: Any obligations on the part of the District to operate and maintain the
Project shall be 1) conditioned upon the District's ability to obtain the necessary
permits, labor, material and equipment and 2) subject to all present and future valid
laws, orders, rules and regulations of the USA, State of Texas, and any regulatory
body having jurisdiction.
EXHIBIT 0
5.01 Compliance with Federal. State and Local Laws: The contract is subject to all
applicable Federal and State laws, and any applicable permits, approvals,
ordinances, rules, orders and regulations of any local, state, or Federal government
authority having or asserting jurisdiction.
6.01 Force Maieure: If by reason of force majeure, any party that shall be rendered
unable to wholly or in part carry out its obligations under this contract, shall give
notice of full particulars of such force majeure to the other party within a reasonable
time after occurrence of the event or cause. The obligation of the party giving
notice shall be suspended during the continuance of the inability then claimed, but
for no longer period. Then the subject party giving notice shall endeavor to remove
or overcome such inability with all reasonable dispatch.
7.01 Default: The contract is not intended to specify an exclusive remedy for any default,
but all such remedies existing at law may be availed by any party and shall be
cumulative.
8.01 Point of Contact: Each party will designate an employee for giving notice and
communicating all matters concerning this contract.
9.01 Term: The contract shall be in full force and effect as set forth in Section 9.07 and
shall be automatit;ally renewed annually unless canceled by either party by giving at
least one (1) year advance written notice to the other party.
10.01 Entire Aqreement: This contract constitutes the entire agreement between the
parties and supersedes all prior understandings or representations whether oral or
written.
10.02 No Third Party Beneficiaries: This contract shall inure only to the benefit of the
parties mentioned and third persons not privy shall not be considered third party
beneficiaries to this contract.
10.03 Severability: The provisions of this contract are severable.
10.04 Notice: Notices are to be provided to the other party by hand delivery or via U.S.
Postal Service to the parties stipulated in the contract between the San Patricio
Municipal Water District and the City of Corpus Christi, Texas.
10.04 Good Faith: Each of the parties to the contract are obligated to use good faith in
perfoming its obligations under this contract.
10.06 Texas Law to Apply: This contract shall be construed under and in accordance with
the laws of the State of Texas. The venue to any disputes arising shall be in a
court of competent jurisdiction in San Patricio County, Texas.
10.07 Effective Date: The effective date shall be the date on which the last party signs the
contract.
EXHIBIT D
. R. Bryan Gulley, et al
'3637 ac.
Rincon
~t$
NUECES COUNTY
SAN P ATRIClO cotr1'l'TY
ParcellC - .717 ac.
Pumping Plant Site
City Connell Exhibit
Department of Engineering Services
Rincon Bayou Diversion Pipeline
(Project #8416)
60 FT. SPMWD ROAD
~Qqd
D~
Property & Land Acq. Div.
EXHIBIT E
City of Corpus Phristit Texas
Date: 05-06-03
RESOLUTION
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE TWO INTERLOCAL GOVERNMENT AGREEMENTS WITH
THE SAN PATRICIO MUNICIPAL WATER DISTRICT FOR
CONSTRUCTION AND MAINTENANCE OF A NEW BRIDGE
CROSSING HONDO CREEK AND FOR MAINTENANCE OF A 60-FOOT
WIDE ROAD TO THE CITY'S PROPOSED WATER PUMPING PLANT,
BOTH PENDING ACQUISITION OF AN ACCESS EASEMENT FROM
KOCH PIPELINE CO. L.P., ALL IN CONNECTION WITH THE RINCON
BAYOU DIVERSION PIPELINE PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or his designee, is authorized to execute the two
Interlocal Government Agreements, in compliance with Chapter 791 of the Government
Code, with the San Patricio Municipal Water District for the construction and
maintenance of a new bridge crossing Hondo Creek and for maintenance of a 60-foot
wide road to the City's proposed water pumping plant, both pending acquisition of an
access easement from Koch Pipeline Co. L.P., all in connection with the Rincon Bayou
Diversion Pipeline Project.
ATTEST:
THE CITY OF CORPUS CHRISTI
Annando Chapa
City Secretary
APPROVED: i(,-~k II" 2005.
JOSePh~Y(~/
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
Resol-lntAg-SPMWD.doc
2
Corpus Christi , Texas
of ,2005
The above resolution was passed by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Resol-lntAg-SPMWD.doc
17
AGENDA MEMORANDUM
December 20,2005
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement with
Mr. Wayne Vann, President of the Navy-Army Credit Union, (Developer), in
the amount of $47,721.85 for the installation of public water lines to serve
Cullen Place, Blocks B-2A, B-2B, and B-2C located east of Airline Road and
south of Alameda Street, in accordance with the Platting Ordinance Section
V-Required Improvements, Subsection A.3. (b) .
ISSUE: Mr. Juan Pimentel, P.E., with L.N.v. Engineering, on behalf of Mr. Wayne Vann,
President of Navy-Army Credit Union, developer of Cullen Place, Blocks B-2A, B-2B and B-
2C submitted deferment agreement documentation to defer the construction of off-site
water lines public improvements to serve Cullen Place, Blocks B-2A, B-2B, and B-2C 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 Mr. Wayne Vann, President of Navy-Army Credit Union
(Developer).
CONDITION: Developer must post a letter of 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.
~.P.
Director Development Services
ATTACHMENTS:
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 Cullen Place, 810cks 8-2A, 8-2B, and B-
2C, located east of Airline Road and south of Alameda Street, (Exhibit B) required the
construction of off-site water lines public improvements.
Mr. Juan A. Pimentel, P.E., with L.N.V. Engineering on behalf of the owner, Mr. Wayne
Vann, President of Navy-Army Credit Union, has submitted Deferment Agreement
documentation to defer the construction of required public improvements in accordance
with the Platting Ordinance. The Planning Commission on its August 10, 2005 meeting
approved the plat for Cullen Place, Blocks 8-2A, 8-28 and B-2C. The Planning
Commission at its December 14, 2005 meeting recommended the execution of the
Deferment Agreement and found reasonable cause to delay the required public
improvements in order to expedite the recordation of the plat.
The developer agreed to deposit $47,721.85 in the form of a cashier's check, 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).
A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and Mr. Wayne
Vann, President of Navy-Army Credit Union will allow the developer to defer the
construction of required improvements for a period 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 Cullen Place.
Construction plans for the installation of the public improvements have been reviewed and
approved by the City prior to executing the Deferment Agreement.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
EXHIBIT A
~ CCIA
~
IOlES
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~
~
PROJECT LOCATION:
CUlLEN PLACE - BLOCK B2
o HE CORNER OF THE
IINTERSEC1lON OF A1RUNE &
LB_~rAD~~~~_~
LOCATION MAP
I.NV ENGINEERING
ENGINEERS & CONSULTANTS
CML * STRUCTURAL * TRANSPORTATION * SURVEYING *
MARINE * CONSTRUCTION MANAGEMENT
801 NAVIGAnON, SUITE 300 CORPUS CHRISTI, TEJGo\S 78408
PH. (361) 883-1984 FAX (361) 883-1986 WNW.LNVINC.COM
CITY OF CORPUS CHRISTI
CULLEN PLACE, BLOCK 8-2B
WATERLINE EXTENSION
~
&
s
EXHIBIT B
CULLEN PLACE WATER EXTENSION
PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
December 8, 2005
Belmeade Street Waterline ExtensIOn
Item Description Units Quantity Unit Cost Total Cost
I 8" PYC Water Line LF 257 $35.00 $8,995.00
---~-- -
., Fire Hydrant Assembly EA I $3,000.00 $3,000.00
-_.~ ~-,----
3 8" x 6" Reducer EA 1 $500.00 $500.00
-'-'.-
4 8" 22.5 Deg. Bend EA 1 $350.00 $350.00
-_....- ~----~
5 8" 90 Deg. Bend EA 1 $375.00 $375.00
-_.
6 8" Plug EA I $250.00 $250.00
~_.._.- .'.--. ,.--.-..--.,---
7 8" X 8" Cross EA 1 $650.00 $650.00
_.~_. ------.
8 8" Gate Valve w/Box EA I $1,500.00 $1,500.00
.-.-..,-
9 6" x 6" Tapping Sleeve & Valve EA I $2,500.00 $2,500.00
10 Tie-In to Existing 8" Waterline EA 1 $2,000.00 $2,000.00
--
II Removal of Existing; 8" Waterline LF 20 $16.00 $320.00
---
12 Grout Fill Existing 8" Waterline LF 165 $18.00 $2,970.00
Water Extension Sub-Total:
$23,410.00
Airline Road Waterline Extension
I 6" PVC Water Line LF 55 $25.00 $1,375.00
2 Fire Hydrant Assembly EA 1 $3,000.00 $3,000.00
-~.- ._-"----
3 6" Plug EA 1 $200.00 $200.00
- - "--_.- ---.--- -.-....- -_.~_._--
4 6" X 6" Tee EA 2 $500.00 $1,000.00
1---___ -------
5 6" Gate Valve w/Box EA 2 $1,500.00 $3,000.00
r---_.
6 Tie-In to Existing 6" Waterline EA 1 $2,000.00 $2,000.00
Water Extension Sub-Total:
$10,575.00
Water Extension Sub-Total:
Contingency @ 10%
Sub- Total
$33,985.00
$3,398.50
$37,383.50
Engineering Fees:
$6,000.00
Grand Total:
$43,383.50
Required Deferment @ 110%
$47,721.85
Page 1 of 1
EXHIBIT C
DEFERMENT AGREEMENT
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This Agreement is entered into between the City of Corpus Christi ("City") and Wayne Vann,
President of Navy-Army Credit Union, (Developer), and pertains to deferral of the
improvements required prior to filing the final plat of Cullen Place, Blocks B-2A, B-2B, and B-
2C, which was approved by Planning Commission on August 10, 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 water lines, 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
prior to the start of construction; 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 of forty seven thousand, seven hundred and
twenty one dollars and eighty five cents ($47,721.85) 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 Attorney and Director of Finance have approved this transaction; and
WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications,
park dedication deferment agreements, and maintenance agreements and all special
covenants have been completed; and
WHEREAS, the Developer is entering into this Deferral Agreement as required by Section V,
Paragraph A, and Subparagraph 3. (b) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree as follows:
1. The City agrees to waive the requirement that 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 water lines public improvements, for up to twelve (12)
months from the date of this Deferment Agreement.
DeferAgreefinaLdoc
EXHIBIT D
2 The Developer agrees to deposit forty seven thousand, seven hundred and twenty one
dollars and eighty five cents ($47,721.85) cashiers check, 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 is signed and approved it shall become null and
VOid.
3 The Developer agrees to construct the required improvements, including construction
public water lines to serve Cullen Place, Blocks B-2A, B-2B, and B-2C in accordance
with the City's engineering standards in effect at the time of construction.
4. The principal amount of forty seven thousand, seven hundred and twenty one dollars
and eighty five cents ($47,721.85), 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.
5. Upon completion of the deferred improvements, including the construction of public
water lines to serve Cullen Place, Blocks B-2A, B-2B, and B-2C , by December 20,
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. Wayne Vann, President
Navy-Army Credit Union
5725 Sphon Drive
Corpus Christi, Texas 78414
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 earned.
6 If the deferred improvements, have not been completed by December 20, 2006 or if the
Developer fails to deposit any increase security as set out below, after notice to the
Developer and opportunity 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 public water line
improvements, to serve Cullen Place, Blocks 8-2A, 8-28, and 8-2C 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 reimburse the City for any additional
cost of the improvements, if the sum of money and interest prove inadequate to
DeferAgreefinal. doc
complete the improvements, within thirty (30) days after City completes the
improvements and bills the Developer.
7. The City and Developer agree that if the Developer formally vacates the current plat,
with approval of the Planning Commission, prior to the deadline for the completion of
the construction of the deferred improvements, including construction of public water
lines, 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.
8. If Developer defaults in any of its covenants or obligations under this Deferral
Agreement, the City Engineer will send Developer and the Project Engineer written
notice by certified mail, return receipt requested, advising Developer of the default and
giving Developer thirty (30) days from date of receipt of the letter to cure the default. If
the Developer fails to cure the default after 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 of 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.
9 The Developer agrees that the City, after notice in writing to the Developer and Project
Engineer, may accelerate payment or performance or require additional security when
the City Engineer determines that the prospect of payment or performance is
questionable.
10. The Developer covenants to construct the required improvements, and that such
covenant shall be a covenant running with the land.
11 . The City's Director of Engineering Services, at Developer's expense, shall file of record
this Deferment Agreement in the records of Nueces County.
12. No party may assign this Deferment Agreement or any rights hereunder with the prior
written approval of the other parties.
13. Unless otherwise stated 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 certified mail,
and if given personally, by fax or by certified mail, shall be deemed sufficiently given if
addressed to the appropriate party at the address noted 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.
14. 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.
DeferAgreefinaldoc
15, The Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17113, to complete, as part of this Agreement, the Disclosure of Ownership
interests form attached hereto (Exhibit 4).
16 This Agreement shall be executed in triplicate, all original copies of which shall be
considered one instrument. When all original copies have been executed by the City,
and at least two original copies have been executed by the Developer, this Agreement
shall become effective and binding upon and shall inure to the benefits of the parties
and their respective heirs, successors and assigns.
EXECUTE D in triplicate this / 3 day of J C0Y\h.t IL ,2005.
Wayne Vann, President
Navy-Army Credit Union
5725 Spohn Drive
Corpus Christi, Texas 78414.
By:
Wayne
Navy-
STATE OF TEXAS 9
9
COUNTY OF NUECES 9 tk.
This instrument was acknowledged before me on the /5 day of
Wayne Vann, President Navy-Army Credit Union.
~ ,2005, by
EXAS
Sol DB.EON
MY COMMISSION EXPIRES
December 11, 'J!I11
DeferAgreefinal.doc
EXECUTED in triplicate this ~ day of ~ey-, 2005.
Sarah O'Brien, Executive Vice President
Navy-Army Credit Union
5725 Spohn Drive
Corpus Christi, Texas 78414.
~~~
Sarah O'Brien, Executive Vice President
Navy-Army Credit Union
STATE OF TEXAS ~
~
COUNTY OF NUECES ~
This instrument was acknowledged before me on the ~day of ~
Sarah O'Brien, Executive Vice President Navy-Army Credit Union.
,2005, by
"I-
~Cf8~'fj~\
t; .k!
........ ;m:;
S.L DB.EON
MY COMMISSION EXPIRES
DecllINler 11, 'l!XJ7
DeferAgreefinal.doc
CITY OF CORPUS CHRISTI ("City")
P. O. Box 9277
Corpus Christi, Texas 78469
Telephone: (361) 880-3500
Facsimile: (361) 880-3501
AITEST:
By:
ARMANDO CHAPA,
City Secretary
By:
George K. Noe
City Manager
THE STATE OF TEXAS S
S
COUNTY OF NUECES S
This instrument was acknowledged before me on the day of
2005, by George K. Noe, City Manager for the City of Corpus Christi, a Texas municipal
corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This I r day of
~!~
,2005.
By ~ {Ib. /
Joseph rney ~
Assistan City Attorney
For City Attorney
DeferAgreefinal.doc
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EXHIBIT 1
PROPOSED SS L.F.
'F 8" pye WATER LINE
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BLOCK A- 1
1.444 N:IIES
(02,J1I SQ. n.)
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GRAPHIC SCALE:
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O' 200
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PROPOSED 145 L.F. OF 8" pve WATER LINE
PROPOSED 112 L.F. OF 8" pye WATER LINE
CITY OF CORPUS CHRISTI
CULLEN PLACE, 8LOCK 8-28
WATERLINE EXTENSION
EXHIBIT" 2
CULLEN PLACE WATER EXTENSION
PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST
December 8, 2005
Belmeade Street Waterline Extension
Item Description Units Quantity Unit Cost Total Cost
I 8" pve Water Line LF 257 $35.00 $8,995.00
2 Fire Hydrant Assembly EA I $3,000.00 $3,000.00
I-~ ~~
3 8" x 6" Reducer EA 1 $500.00 $500.00
-- -..----..-.--.-- _..,--------
4 8" 22.5 Deg. Bend EA 1 $350.00 $350.00
-_.~ -"_'---'~._'--
~ 8" 90 Deg. Bend EA 1 $375.00 $375.00
_.~~. .--.-
6 8" Plug EA 1 $250.00 $250.00
_. ..-_.
.., 8" X 8" Cross EA I $650.00 $650.00
i
-... ----
8 8" Gate Valve w/Box EA I $1,500.00 $1,500.00
--.
9 6" x 6" Taooifill Sleeve & Valve EA I $2,500.00 $2,500.00
10 Tie-In to Existing 8" Waterline EA I $2,000.00 $2,000.00
II Removal ofExistinl!: 8" Waterline LF 20 $16.00 $320.00
12 Grout Fill Existing 8" Waterline LF 165 $18.00 $2,970.00
Water Extension Sub-Total:
$23,410.00
Airline Road Waterline Extension
~ 6" pve Water Line LF 55 $25.00 $1,375.00
" Fire Hydrant Assembly EA I $3,000.00 $3,000.00
<.
f--- $200.00
3 6" Plug EA 1 $200.00
1--.
4 6" X 6" Tee EA 2 $500.00 $1,000.00
5 6" Gate Valve w/Box EA 2 $1,500.00 $3,000.00
6 Tie-In to Existing 6" Waterline EA I $2,000.00 $2,000.00
Water Extension Sub-Total:
$10,575.00
Water Extension Sub-Total:
Contingency @ 10%
Sub-Total
$33,985.00
$3,398.50
$37,383.50
Engineering Fees:
$6,000.00
Grand Total:
$43,383.50
Required Deferment @ 110%
$47,721.85
Page 1 of 1
EXHIBIT 3
#:~
~1
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
:;:V:::~=IIOV>1tU:;~A:t!ZJ~est;on~~st be answe'ed. If theq~eStl:iS~~t.~~';~~e.,~~:e'.~;~.~"..
STREET ... {'?:t.:?...~~.Gc .. ..... CITY,~>.,Q,""~m.... ZIP, .?~~l1..
FIRM is: 1 Corporation tL 2. Partnership 0 3. Sole Owner 0 4. Association 0
5 Other 0
"" .........,. ..............,....
,.................................................................................
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christl having an "ownership Interest" constituting 30/.
or more of the ownership in the above named "firm".
Job Title and City Department (if known)
~~"[A
..........,...._...4....... ......
. .. . . .. . . . " .. . .. .. .. . . ....... . - ...... ~""" .................... .............. ......... 0......... ..... . . . . ..... ~
........ ... .......... ....................-... .............
. .............. ............. .......... '~'~'~.''''''. ..... 'W". .... "W~.~ ..e...... ..W.... ............... ...... ~
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
N~t ...... . ............ ..... HH -
. . ." ................... -. ..... ~. . .. .... . . .. . . . . . .... . . . .. .. .. . ... .. ....... ...... ...... . . . .. . . . . .
. ......e."..... ...W........'. ..............._.................
............-... ............-..........................-...........-.....e_..e4.........................e....e
3. State the names of each "board member" of the City of Corpus Christi having an .ownership interest" constituting 3% or
more of the ownership in the above named "firm".
~1AmH .... ~~d Com"""~no'~m;tt:mHH..HH.HHH.HHHHH
""'0.'.'. .... .......... ...., .._._....... ....... . .. ."'. .
.......................................,....................................e...................e.................
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership Interest" constituting 3% or more of the
ownership In the above named "firm".
";;7JHH ..'HH
Consultant
. ..............................................................e............................
......e..... ,.., ...................................................._...e...........e._....................e
CERTIFICATE
e date of this statement, that I have not knOWingly withheld
emental statements will be promptly submitted to the City of
....r.~~e..Ha.'k)6VP<i,;f~!/~.
Date: " ... ............ ....:..~~~................... .....
EXHIBIT +
18
AGENDA MEMORANDUM
December 20, 2005
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement with
Corpus Christi Housing Finance Corporation, (Developer), in the amount of
$95,018.74 for the installation of public water lines to serve West Park
Addition Lots 2 and 3 located west of McBride Lane and north of Hampshire
Road, in accordance with the Platting Ordinance Section V-Required
Improvements, Subsection A.3.(b).
ISSUE: Mr. Murray F. Hudson, P.E., with Urban Engineering, on behalf of Corpus Christi
Housing Finance Corporation, developer of West park Addition Lot 2 and 3 submitted
deferment agreement documentation to defer the construction of off-site, water lines public
improvements to serve West Park Addition Lots 2 and 3 in accordance with the Platting
Ordinance Section V-Required Improvements, Subsection A.3 (b).
REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a
Deferment Agreement with Corpus Christi Housing Finance Corporation (Developer).
CONDITION: Developer must post a letter of 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.
~ A.I.C.P.
Director Development Services
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Background Information
Location Map
Public Water Line-Deferred Improvements
Cost Estimates
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The development and platting of West Park Addition Lots 2 and 3 located
west of McBride Lane and north of Hampshire Road, (Exhibit B) required the construction
of off-site water line public improvements along Interstate Highway 37 access Road.
Corpus Christi Housing Finance Corporation, developer of West Park Addition Lots 2 & 3
has submitted Deferment Agreement documentation to defer the construction of required
public improvements in accordance with the Platting Ordinance. The Planning Commission
on its September 7,2005 meeting approved the plat for the West Park Addition, Lots 2 and
3. The Planning Commission at its December 14, 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 developer agreed to deposit $95,018.74 the form of a bond, 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).
A Deferment Agreement, (Exhibit D) between the City of Corpus Christi and Corpus Christi
Housing Finance Corporation, will allow the developer to defer the construction of required
improvements for a period 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
West Park Addition.
Construction plans for the installation of the public improvements have been reviewed and
approved by the City prior to executing the Deferment agreement.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
EXHIBIT A
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PUBUC WA TERUNE DEFERMENT
illIIVRBA
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- -- -- -.-....-
......... _ on......
WEST PARK AODI1ION, LOTS 2 AND 3
--~
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EXHIBIT'C- I
Eng: Murph Hudson
By:agr
ESTIMATE FOR DISTRIBUTION WATERLINE
for
WEST PARK
ADDITION
Lots 2 and 3
SEPTEMBER 26, 2005
Job NO.18423.A5.01
ITEM DESCRIPTION QUAN. QUAN. + UNIT UNIT TOTAL
- -,~---'-'--'---'~-----~'--"--
10% PRICE COST
A. Water Improvements
~. -".,,-_..__.,--_.,-,,"
~; PVC C-900 1 ,310 1,441 LF $35.00 $50,435.00
-2 : Ffre Hydrant Complete In-Place-~-- 4 4 EA $2,669.00 $10,676.00
. 1'-'---'--- ~- -. $750.00
_L Tie toExisting line_____ 1 1 EA $750.00
4 18" Cap with 2" Blowott Valve and Ris~ -- --.-
1 1 LS $250.00 $250.00
.--- ~-----
5 90 DeQree D.I Bend 2 2 Ea $300.00 $600.00
6 I Deflection (Pipeline ---- ._~-~-_._... -.-.-- - - LS $10,000.00 $10,000.00
Easement)_______ 1 1
---...-t---------- --"-- OFF-SITE WATER SUB-TOTAL: $72,711.00
-- -.------- ------- ~----- ~------ -.--- --_._--.-
i "--'---'-""-- --_.__.__.~-_._-_..__...- ...-- --- -- CONTINGENCY@ 10% $7,271.10
.- -~---_.- _._~._._-- -- ------- --- -. ----
- --.......-.--- -- ------ .--~. --- --. -- ! SUB-TOTAL: $79,982.10
t'" .. -- +-----------.-..----.-+-
1
I ...--.-- ----.
B. ENGINEERING AND ADMINISTATIVE COSTS:
=r-.fEi!9!neer Fee @ 8.0% $6,398.568
-,------.-.-.------- -~ -
- t- -- --.- -.-- --- ----- -~----_.._._--_.__..._- ------- -- SUB-TOTAL: $6,398.57
I
----- r- --.- .-.-...--. -..- -~--"- ---- --
L__ .--..- "----- _.u_ .._..n___ --- - ----
.1---- GRAND TOTAL: $86,380.67
-- -- --- -
1
-- .- -....--- ---. ---. --.-- - -.- +---- ... DEFERMENT 110% $95,018.74
REQUIRED at
---- -...-.--..-.----.- -----.---.-.--------- -.- -- - C--.___
---- - ------_._.-._._.---~-~-_.. -.--- ___~__,.__.._n~ !---
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- .-..-. .+..- -----.-..----- ------- -.-.-- --~----- ".n ~-----
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i
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101
EXHIBIT I
DEFERMENT AGREEMENT
STATE OF TEXAS 9
9
COUNTY OF NUECES 9
This Agreement is entered into between the City of Corpus Christy, Texas ("City") and
Corpus Christi Housing Finance Corporation, ("Developer"), and pertains to deferral of
the improvements required prior to filing the final plat of West Park Addition Lots 2 and
3, which was approved by Planning Commission on September 7, 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
improvements, including construction of public water lines, as shown on Exhibit 1,
copies of the approved engineering construction drawings, which are attached to and
incorporated into this Agreement, before the final plat is endorsed by the City's Director
of Engineering; and
WHEREAS, the Developer is seeking to have the plat filed immediately with the County
Clerk of Nueces County, Texas, before completion of seventy-five percent (75%) of the
required improvements as required by Section III, Paragraph H, Subparagraph 5, of the
Platting Ordinance; and
WHEREAS, the Developer will deposit the sum of ninety five thousand, and eighteen
dollars and seventy four cents ($95,018.74), 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 Attorney and Director of Finance have approved this transaction;
and
WHEREAS, the Developer has satisfied all other subdivision requirements, park
dedications, park dedication deferment agreements, and maintenance agreements and
all special covenants have been completed; and
WHEREAS, the Developer is entering into this Deferral Agreement as required by
Section V, Paragraph A, Subparagraph 3. (b) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree as follows:
1. The City agrees to waive the requirement that 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 the of public water lines, as shown in Exhibit 2, for up to twelve
(12) months from the date of this Deferment Agreement.
Deferment Agreement.doc
2. The Developer agrees to submit ninety five thousand, eighteen dollars and
seventy four cents ($95,018.74) bond, with the CITY OF CORPUS CHRISTI, on
or before the plat is filed with the County Clerk, and if the bond is not presented
for deposit by that time this Agreement shall become null and void.
3. The Developer agrees to construct the required improvements, including
construction of public water lines to serve West Park Addition Lots 2 and 3, in
accordance with the City's engineering standards in effect at the time of
constru ction.
4. The Developer shall post a corporate surety performance bond for ninety five
thousand, eighteen dollars and seventy four cents ($95,018.74), issued by a
surety acceptable to the City and approved by for 110% of the estimated cost of
constructing the required improvements, as shown in Exhibit 3 which is attached
to and incorporated into this agreement, with the City of Corpus Christi on or
before the plat is filed with the County Clerk, and if the bond is not posted by that
time this Agreement shall become null and void. The bond must be executed by
the Developer, as principal, and by a corporate surety acceptable to the City, as
obligee, and conditioned upon the Developer named in the bond faithfully
complying with all of the provisions of this Agreement until the City has accepted
the of public water lines.
a. The bond shall secure the City against all costs, charges, and expenses
related to the failure of the Developer to construct the public improvements,
including the construction of the public water lines by the City or another
developer, regardless of whether the city has incurred any costs. A bond
issued under this provision must be valid for six (6) years or more, and
require as sole documentation for payment a statement in writing from the
City Manager setting forth the circumstances giving rise to the call on the
bond, or a statement of the failure to furnish proof of renewal or replacement
of the bond, no less than thirty (30) days prior to the expiry of the then current
bond.
b. The bond must be renewed upon expiration, and proof of the renewal must
be received by the City's Director of Engineering Services at least thirty (30)
days prior to the bond's expiration. If no renewal is received, or cash or other
approved substitute security provided, the City may, after ten (10) days prior
written notice mailed to the Developer at the address listed in this Agreement,
call the bond for failure to timely renew.
c. If the bond is called for failure to timely renew, the money will be held in an
account, as if cash had been posted in lieu of a bond. The City shall not be
liable for any interest on any bond so called.
d. To be acceptable to the City, the company issuing the bond must be:
(1) Licensed in Texas.
Deferment Agreement.doc
(2) Authorized (certified) by the U.S. Department Of The Treasury
Financial Management Service to give bonds to the Federal Government.
(3) Approved by the City's Director of Financial Services.
5. Upon completion of the required improvements, including installation of public
water lines, by December 20, 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 bond to:
Costa T arragona I, Ltd.
C/o Matt Shoemacher
Project Manager, The NRP Group, LLC.
5309 Transportation Boulevard
Cleveland, Ohio 44125
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 earned.
6. If the required improvements, including construction of the of public water lines,
have not been completed by December 20,2006, or if the Developer fails to
deposit any increase security as set out below, after notice to the Developer and
opportunity 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 required
improvements, including construction of the public water lines, 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
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.
7. The City and Developer agree that if the Developer formally vacates the current
plat, with approval of the Planning Commission, prior to the deadline for the
completion of the construction of the required improvements, including
construction of the of public water lines, with related infrastructure improvements,
the money received by the City from the Developer, remaining on deposit, plus
interest earned, will be released and immediately returned to the Developer.
Defennent Agreement.doc
8. If Developer defaults in any of its covenants or obligations under this Deferral
Agreement, the City Engineer will send Developer and the Project Engineer
written notice by certified mail, return receipt requested, advising Developer of
the default and giving Developer thirty (30) days from date of receipt of the letter
to cure the default. If the Developer fails to cure the default after 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 of 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.
9. The Developer agrees that the City, after notice in writing to the Developer and
Project Engineer, may accelerate payment or performance or require additional
security when the City Engineer determines that the prospect of payment or
performance is questionable.
10. The Developer covenants to construct the required improvements, and that such
covenant shall be a covenant running with the land.
11 The City's Director of Engineering Services, at Developer's expense, shall file of
record this Deferment Agreement in the records of Nueces County.
12. No party may assign this Deferment Agreement or any rights hereunder with the
prior written approval of the other parties.
13. Unless otherwise stated 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
certified mail, and if given personally, by fax or by certified mail, shall be deemed
sufficiently given if addressed to the appropriate party at the address noted
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.
14 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
Defennent Agreement.doc
Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in
Nueces County.
15. The Developer further agrees, in compliance with the City of Corpus Christi
Ordinance No. 17113, to complete, as part of this Agreement, the Disclosure of
Ownership interests form attached hereto.
16. This Agreement shall be executed in triplicate, all original copies of which shall
be considered one instrument. When all original copies have been executed by
the City, and at least two original copies have been executed by the Developer,
this Agreement shall become effective and binding upon and shall inure to the
benefits of the parties and th,~r ~ective ~~cI~s~ and assigns.
EXECUTED in triplicate this ~ day of ~ , 2005.
Corpus Christi Housing Finance
Corporation
("Developer")
1201 Leopard Street
Corpus Christi, Texas 78401
(361) 826-3220
By: ~_
G~r . Noe
General Manager
STATE OF TEXAS S
S
COUNTY OF NUECES S I I i1 "-'
~J~rt!m~n~~s acknowledged before me on the ~ ;ay of
\ ~}U' , 2005, by Georae K. Noe, the General Manager of the
Corpus Christi Housing Finance Corporation, a Texas~OUSing finance
corporation. on behalf of said corporat~ V ~
NOTARY PUBLIC, STATE OF TEXAS
it!!-' Connie Parks
~~~ir My Commission Expires
"'~OF~ November 09, 2007
Deferment A.greement.doc
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,
City Secretary
By:
George K. Noe
City Manager
THE STATE OF TEXAS 9
9
COUNTY OF NUECES 9
This instrument was acknowledged before me on the day of
,2005, by George K. Noe, City Manager for the City of Corpus
Christi, a Texas municipal corporation, on behalf of said corporation.
NOTARY PUBLIC, STATE OF TEXAS
APPROVED AS TO FORM: This /) day of
~
,2005.
By ~4=
. Joseph rney ~
Assistant City Attorney
For City Attorney
Deferment Agreement.doc
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Eng Murph Hudson
By:agr
EXHIBIT 3
SEPTEMBER 26, 2005
Job No.18423.A5.01
ESTIMATE FOR DISTRIBUTION WATERLINE
for
WEST PARK
ADDITION
Lots 2 and 3
!~~~ n~_ DESCRIPTION ____
A. Water Improvements __~______ __.
1-. 1 8" PVC C-900_ 1,310 1,441 LF $35.00
2 Fire Hydrant Complete In-Place____. t.-.-ii--- 4 EA $2,669.00
3 Tie to Existing Line . 1 1 EA $750.00
'4' 8" Cap with 2" Blowott Valve and Riser~~=+==_== 1 ,--- 1 LS $250.00
5 90 Degree 0.1 Bend 2 2 Ea $300.00
6 q~J1e..9~ion~ipeline Easerl]ent) ___on ____~___1 1 LS $10,000.00
OFF-SITE WATER SUB-TOTAL:
QUAN.
QUAN. + UNIT
10%
UNIT
PRICE
: J
1--- I
B. ENGINEERING AND ADMINISTATIVE COSTS:
___1 Engineer Fee @ 8.0% ____.
I
------t-
CONTINGENCY @ 10%
._ __________ _ _ _n_ ___.._
SUB-TOTAL:
------
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SUB-TOTAL:
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GRAND TOTAL:
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REQUIRED DEFERMENT at 110%
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r-"'- -:
Urban Engineering
2725 Swantner
Corpus Christi, TX 78404
1-361-854-3101
TOTAL
COST
$50,435.00
$10,676.00
$750.00
$250.00
$600.00
$10,000.00
$72,711.00
$7,271.10
$79,982.10
$6,398.568
$6,398.57
$86,380.67
$95,018.74
1 of 1
EXHIBIT 3
~
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EXHIBIT 4
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to
provide the following information. Every question must be answered. If the question is not applicable, answer with "NA".
FIRST NAME: CORPUS CHRISTI HOUSING FINANCE CORPORATION
STREET 1201 Leopard Street
CITY: Corpus Christi, TX
ZIP: 78401
FIRM IS 01 Corporation 02 Partnership 03. Sole Owner 04. Association 05. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1 State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%
or more of the ownership in the above named "firm".
Name
Job Title and City Department (if known)
None (nonprofit entity)
2 State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name
Title
None (nonprofit entity)
3 State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting
3% or more of the ownership in the above named "firm".
Name
Board, Commission, or Committee
None (nonprofit entity)
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any
matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the
ownership in the above named "firm".
Name
Consultant
None
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld
disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of
Corpus Christi, Texas as changes occur.
Certifying Person: George K. Noe _ ~
(Type or Print)
Signature of Certifying Person:
/
Title: General Mana~
Date: lYlLt/(h
EXHIBIT 4
19
AGENDA MEMORANDUM
December 20, 2005
AGENDA ITEM:
Motion authorizing the City Manager to execute a Deferment Agreement
with Mr. James P. Charnquist, (President) of Sage Properties and developer
of Bay Vista Apartments, in the amount of $107,101.69 for public
improvements including curb, gutter and sidewalks, sanitary and storm
sewer lines and water main to serve Furman Addition, Lots 1-11, Block 2 &
Portion of Bay View Avenue Subdivision, in accordance with the Platting
Ordinance Section V-Required Improvements, Subsection A.3. (b).
ISSUE: Mr. James P. Charnquist, (President) of Sage Properties and developer of Bay
Vista Apartments submitted Deferment Agreement documentation to defer the construction
of all, on-site and off-site, public improvements for the Bay Vista Apartments including 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 Mr. James P. Charnquist (Developer).
CONDITION: Developer must post a letter of 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. HolI, .I.C.P.
Director Development Services
ATTACHMENTS:
Exhibit A
Exhibit B
Exhibit C
Exhibit 0
Background Information
Location Map
Cost Estimates
Deferment Agreement
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND: The platting and development time schedule of Furman Addition, Lots 1-
11, Block 2 & Portion of Bay View Avenue Subdivision located south of Furman Avenue,
west of Water Street, east of South Carancahua Street, and north of Hancock Avenue,
required the construction of all, on-site and off-site, public improvements including the
construction of curb gutter and sidewalks, sanitary and storm sewer lines and water mains.
Mr. James P. Charnquist, President and developer of Bay Vista Apartments 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 February 23, 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 October 05, 2005
meeting approved the plat for Furman Addition, Lots 1-11, Block 2 & Portion of Bay View
Avenue Subdivision.
A deferment agreement, (Exhibit D) between the City of Corpus Christi and Mr. James P.
Charnquist will allow the developer to defer the construction of required improvements for a
period of approximately two (2) years 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 Furman Addition, Lots
1-11, Block 2 & Portion of Bay View Avenue Subdivision.
The developer has deposit a $107,101.69 letter of credit payable to the City of Corpus
Christi, amount which is 110% of the estimated cost of constructing the required
improvements (Exhibit C), in compliance with the Platting Ordinance Section V- Required
Improvements, Subsection A.3. (b). (1).
Construction plans for the installation of the public improvements will be reviewed and
approved by the City prior the execution of the Deferment agreement.
RECOMMENDATION:
Staff recommends approval of the motion as presented.
EXHIBIT A
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VICINITY MAP
BAY VISTA APARTMENTS
FURMAN ADDITION, Lots 1-11, Blk 2 & Portion of Bayview Ave.
CORPUS CHRISTI, TEXAS
JUS NO 39657<]000
gURBA
ENGINEERING
CORPUS CHRISTI. TEXAS
212S5'JWl'fIlEltP'O.-63!$.CD1PV5et1l1l11l.lX.1tI....63~,
(:MI)I5.l-]lg1 rAIl {3I')e$<I-1OO1
EXHIBIT B
PROBABLE COST ESTIMATE FOR PRELIMINARY LAYOUT
PROJECT: Bay Vista Aoartments DATE: 12/15/05
JOB NO. 39657.00.00
Item OescriDtion Quantity + 50h Unit Unit Price Total Amount
A. Public ImDrovements
1 4' Diameter Man Hole (5'-8'Oeep) (Sanitary) 1 EA $3,500.00 $3,500.00
2 Connect to and Rehabilitate Existina Man Hole 1 EA $4000.00 $4 000.00
3 Tvpe B Man Hole (Storm) 1 EA $3 000.00 $3.000.00
4 Slot Inlet 4 EA $1,600.00 $6.400.00
5 Grate Inlet 2 EA $1 200.00 $2.400.00
6 ReconstructTop Of Inlet 4 EA $480.00 $1 920.00
7 TaD Existina Inlet At Flow Line 1 EA $500.00 $500.00
8 6" PVC(C-900) 37 LF $25.00 $925.00
9 18" RCP 20 LF $33.00 $660.00
10 15" RCP 8 LF $30.00 $240.00
11 Pavement Repair 27 SY $70.00 $1 890.00
12 6" L Curb 1483 LF $12.00 $17 796.00
13 Pavement Reoair at Curb 330 SY $51.50 $16 995.00
14 5' Sidewalk 7415 SF $3.75 $27 806.25
15 1-1/2" HMAC Inc. Prime Coat 80 SY $8.50 $680.00
16 6" Lime Stone Base 80 SY $8.25 $660.00
17 8" Lime Stabilized Subarade 80 SY $7.50 $600.00
18 Traffic Control 1 LS $600.00 $600.00
Construction Cost SubTotal $90,572.25
Enaineerina Fee @ 7.5% $6,792.92
Total Cost $97,365.17
Total Cost +10% $107,101.69
EXHIBIT C
DEFERMENT AGREEMENT
STATE OF TEXAS I
I
COUNTY OF NUECES I
This Agreement i$ entered into between the City of Cofpua Christi, Tex., ("CItf) and
Sage Properties ("DeveIoporjl and pertains to deferral of the Improvements required
prior to filing the re-plat of ,Funnan Addition. loJI1-11, Block 2 & Portion of BaY View
Avenue. which wu approved' by Ptannlng Commlalon on October 6. 20~, 8 capy of
the plat Is attached and Incorporated 88 Exhibit "A. "
WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph
6, of the Platting Ordinance to construct seventy-flve percent (76%) of the required
Improvements, before the final plat 18 endcnec:I by the City's Director of Engineering;
. .
WHEREAS. the Developer 18 seeking to ... the conatructian d some of the public
1mp1QV8lMnte, (the -Deferi'ed Improvements" .. naq\ftd by the Clty's Platting
Ordinance, 8$ lhown on Exhibit -aWl caples of the approved engineering conatNctlon
drawings, which are attached to and Incorporated into this Agreement. for a period up to
two years;'
WHEREAS. the Developer Is seeking to have the plat filed with the County Clerk of
Nuecea County, Texas, before completion of the required Improvemen~ al required by
Seotion III, Paragraph HI SubpanlgFilph &, of the PlattIng Ordinance;
WHERIAS, the Developer wiD deposit a letter of credit In the amount ~
8Bven 1)ousand 0", HundlBd One doIIarI 8I1d S~ne cents ($107.~g,.69),
repn!MI1ting 110% of the estimated cost or COt1ItNcting the Deferred Improvemenw. all
. shown on the attad\ed cost estimate, which 18 attached and Incorporated as Exhibit
"eWI with the City;
WHEREAS. the City AUomeY and Director of FIn~nce have approved this transaction;
WHEREAS. the Developer has AtI8fied all other ,ubdivision requilements. park
dedication., park dedication deferment agreements, and maintenance agreements and
.. epeclaI covenants have been completed; and
\,
WHEREAS, the Developer 18 entering into this Defetmenl AgrMnent IS required by
Section V, Paragraph A. Subparag!8Ph S.b) of the Platting Ordinance.
NOW, THEREFORE, the City and Developer agree 88 follows:
1. The City agreee to waive the requirement that deferred improvements be
completed befen the final plat Is ~ by the CitY- Director of Engineering
and further agrees to allow the Developer to defer the completion of the
construction of the public Improvements (referred to in this Agreement 88 the
Oerennent Agreement... 6Ige Prapet1ieI
P&ge1 of 5
EXHIBIT D
"Deferred Improvements") 88 .hown In Exhibit "811, for up to two (2) years from
the date of thi8 Deferment Agreement.
2. The Developer agrees to conetrutt the Deferred Improvement&, In BOOOrdance
with the CIty'. engineering ttandal'ds in effect at the time of construction.
3. The Developer agrees to deposit . total of One Hundn=g _Seven Thousand One
. (Ij 07.1 01.fiP), In the fonn of an
Irrevocable letter of ~It Iuued by BfaIons 8.p~ for 110% of the estimated
coat of constructing the Deferred IrnproWmenta, with the City, in a tonn approved
by the City'. Director of Financial ServICes. on or before the plat Is filed with the
County Clerk, and If the deposit Is not made by that time this Agreement shall
become nul and void. .
.. Upon compIet1on of the Deferred Improvements within two (2) years from the
date cI thll Agreement, or later time as may be mutually Igreed upon by both
parties, and upoh acceptan~ of the portion of all of the Deferred Improvements
by the CIty Engineer Md upon ~ by the Developer with the remalnlng
terms of the Deferment Agreement, the CIty Engineer shall:
8. Immediately release De_per from the obligations to construct the
Deferred Impiovementa by maRIng 8 Release Letter to:
Sage Properties
6303 Beverty Hut
Houston, TX 77057
b. Retum to the Developer within elxty (80) d. of the completion of the
construction of the Deferred Improvemenl8 and settlement of the
construction COIta. the ~ of credit and .ny balance remaining of all
mon.. received by the City from the Developer. Includtng any Interest
earned for the portion of the Project.
5. If the Deferred Improvements have not been completed within two (2) yeare from
the date of this Agreement. or If the Developer fa.. to deposit any Increased
security as let out below, after notice to the 0eveI0t* and opportunity to cure ..
_led In Paragraph 7 belOw. the City may can the letter of credit and transfer the
amounts received, Induding any Interest earned, to the appropriate City fund and
the City will then begin completiOn of the construction of the Deferred
Improvements with any monies ntCeived from the Developer. both principal and
interest, remaining after completion of conatruction being refunded by the City to
the "Bank and the Developer, as their IntereIt8 may appeat. If City construots all
or any part of the Deferred Improvemente, the Developer agrees to reimburse the
City for any additional cost of the Deferred Jrnprovernents, If the sum of money
and Interelt prove inadequate to complele the Deferred Improvements within
Defem1ent Agreement - Sage PrapertleI
Pqe2of5
thtrty (30) days after City complete8 the Defen'8d Improvemante and billa the,
~r.'
6. The City and Developer agree that If the O~loper formally vacates the current
plat, with approval of the Planning Commi&8ion, prior to the deadline for
completion of the construotIon of the Deferred Improvements, the letter of oredit
and any money received by the C~ from the Developer remalni~ on deposit.
plus Interest earned. wHt be released and Immediately returned to the Developer.
7. If Devetoper defaults In iany of Its CQvenants or obligations under this Deferment
AGreement. the City Engineer will &end Developer and the Project Engineer
written notice by certified mall, ~m receipt requested, adviaing Developer of
the default and gMng Developer thirty (30) days from datB or receipt of the Ietler
to cure the dtrfault. If the Developer fails to cure V. default after receipt of the
notice and opportunity to cure, the City Eng1neer will exercise the City's rights
under the letter of credit and transfer any monIe8 received and interest earned to
the appropriate fund of the City to complete the Deferred Improvements. In the
event thn are 8lrI monies reoeIved by the City from the Developer, plualnterest
earned, remaining after the CIty 11M completed construction of the Deferred
Impl'CMlf118nta, the excel. monlee, both principal and Interest, shaD be I8funded
to the Bank and the DeveloPer. as their IntefeIts mIIY appear, wlthln sixty (60)
days of the completIOn of construction and settlement of construction contracts.
8. The Developer agrees that the City, after notice In writing to the Developer and
Project EngIneer. may 8OC1le.ale payment or performance or require IIddltional
security when the CIty Engineer ~etetmines that the proepect of payment or
performance Is questionable.
9. The Developer covenants to construct the Deferred Improvements, and that this
covenant thaU be a covenant running with the Ia~.
10. The City's Director of Engineering Servicea. at Developer's expense, shall file of
record this Deferment Agreement in t!1~ records of Nueces County.
11. No party may aestgn this Defennent Agreement or any rights under this
Agreement without the prior written approval of the other party.
12. Unle88 otherM8e stated In this Agreement, any notice required or perm1t1Bd to be
given hereunder shall be.1n writing and may be given by personal delivery. by
fax, or by certified mal, and If glV8J1 personally, by fax or by certified mall. shalt
be deemed sufIcIentIy given If addfeeaed to the appropriate party at the address
noted above the signature of the party. Any party may, by notice to the other In
accord with the pr0viakin8 of this paragraph, specify ~ different addres& or
addressee for notice PUrpoHl.
~ ~nMtfnR- Sage PnJpeI1leI
Peg'3ofS
13. Thi8 Agreement IhaII be construed under and In accord with the IaWI of the State
of Texas and aU 9bllgatlqne of the partlel created hereunder are performable In
Nueoes County, TexBI, and all lawsulta pursuant hereto shan be brought In
Nuece8 County.
14. The Developer further agrees, in compUance with the City of Corpu8 Christi
Ordinance No. 1711S, to complete, .1 part of this Agreement, the Disclosure of
Ownership Intere1t8 form attached to this Agreement as exhibit "D."
15. The City agrees that upon the "exeoution of thl8 Agreement, the potting of the
required letter of credit with the City, and the provision of operable water and
sewer 88Nloe a. required by the Platting Ordinance, the City Immediately will file
the plat and proceed to aIsIg., add,.... to the Iota ldentlfled In the plat and
authoriZe the Iuuance of buildl~ permits for the construction of residences on
the Iota. subject to compliance with __Ie technical construction codes and
procedures concerning lhe llluance of construction permits. The City
acknowIedgee that Developer Intenda to defer the construotlon of public
Improvements until the con'8truction of the apartment oomplex. The City witl not
be required in any event ~ IsSue a certificate of occupanoy for a facirlly until the
public Improvements and all required uttlitiel and other infraatructure
Improvements on the lot have '*'" completed. Developer shall be required to
have all pubic and InfraItructure Improvements constructed In the subdivision
within two (2) years from the d8te of this AgJeement
18. This Agreement ahaII be executed In ",**, al original copies of which &hall
be oonekIered one Instrument. When aI.oriGinal copies have been executed by
the CIty, and at least two origlRII copies have been exeouted by the Developer.
this Agreement nil become effective and binding upon and shallnure to the
benefits of the parties and their respectiw helr8. successors and _(gna.
EXECUTEDlnlrtpllc8lethls /5-- day~
S8ge Properties
HUI
770
I 2005.
OII'8rment Ag........ - 88ge PraplII'tIeI
Pige4of6
THE STATE OF TEXAS I
f
COUNTY OF NUECES g .'
j\ l C..U,
T In&ttument WlS acknowledged before me on '-..it c.. _ - J . 2005, by
J P. Cha~ui~resid. of Sage Properties
{) "'rf I flU
. ry Pubtlc. State or Texas J
TERESA M. GARZA
flY CCMmS~ EXPIRES
_17..
CITY OF CORPUS CHRISTI
P. O. Box 9277
Corpua Christi, Texas 78469
Telephone: (381) 880-3500
Facaknae:(381)~01
AlTEST:
By:
Annando Chapa
City Secretary
By:
George K. Noe
City Manager
APPROVED AS TO FORM: This (S day d ~~.d..v .2005.
4tJ:i.1" tritNbMy
THE STATE OF TEXAS S
5
COUNTY OF NUECES I
This Instrument was acknowledged ,before me on the _ day of . 2005.
by George K. Noe. City Manager, for the City Of Corpus ChrisU, a Texas municipal
corporation. on behalf of the corporation.
Notary Public. State Of Texas
Deferment Agreement - s.ge Pfoperiiec
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PUBLIC IMPROVEMENT
DEFERMENT
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BAY VISTA APARTMENTS
CORPUS CHRISTI, TEXAS
JOB NO. 39657.00.00
DEC. 2005 RCU/kp
EXHIBIT 2
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SHEET 6 OF 11 SHEET NO,
PUBLIC IMPROVEMENT
DEFERMENT
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BAY VISTA APARTMENTS
CORPUS CHRISTI. TEXAS
JOB NO, 39657,00,00
DEC, 2005 RCU /kp
PROBABLE COST ESTIMATE FOR PRELIMINARY LAYOUT
PROJECT: Bay Vista ADartments DATE: 12/15105
_. JOB NO. 39657.00.00
Item Description Quantitv + 50lc Unit Unit Price Total Amount
A. Public ImDrovements
1 4' Diameter Man Hole (5'-8'Deeo) (Sanitary) 1 EA $3 500.00 $3 500.00
2 Connect to and Rehabilitate ExistinQ Man Hole 1 EA $4 000.00 $4 000.00
3 Tvoe B Man Hole (Stonn) 1 EA $3 000.00 $3 000.00
4 Slot Inlet 4 EA $1 600.00 $6400.00
5 Grate Inlet 2 EA $1 200.00 $2 400.00
6 ReconstructTop Of Inlet 4 EA $480.00 $1 920.00
7 TaD Existino Inlet At Flow Line 1 EA $500.00 $500.00
8 6ft PVC(C-900) 37 LF $25.00 $925.00
9 18" RCP 20 LF $33.00 $660.00
10 15" RCP 8 LF $30.00 $240.00
11 Pavement Reoair 27 SY $70.00 $1 890.00
12 6" L Curb 1483 LF $12.00 $17 796.00
13 Pavement Repair at Curb 330 SY $51.50 $16995.00
14 5' Sidewalk 7415 SF $3.75 $27 806.25
15 1-1/2" HMAC Inc. Prime Coat 80 SY 8.50 $680.00
16 6" Lime Stone Base 80 SY 8.25 $660.00
17 8" Lime Stabilized Suborade 80 SY 7.50 $600.00
18 Traffic Control 1 LS $600.00 $600.00
Construction Cost SubTotal $90,572.25
Engineering Fee @ 7.5% $6,792.92
Total Cost $97,365.17
Total Cost +10% $107,101.69
EXHIBIT 3;
~~, CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable, answer
with "NA"
FIRM NAME
Saae Prooerties
STREET: 6303 Beverlv Hill CITY: Houston, TX ZIP: 77057
FIRM is: 1. Corporation 0 2. Partnership 0 3. Sole Owner 0 4. Association 0
5. Other 0
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. Stat. the names of each "employee" of the City of Corpus Christi having an "ownership Interest"
constituting 30/0 or more of the ownership in the above named "firm".
Name N/A Job Title and City Department (if known)
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership In the above named "firm".
Name N/A Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name N/A Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "firm".
Name N/A Consultant
CERTIFICA TE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the
City of Corpus Christi, Texas as changes occur.
Certifying Person:
.....
Title: President Saae Properties
Date~~ 9\ '~udl
-
Signature of Certifying Person:
EXHIBIT 4
DEFINITIONS
a, "Board Member", A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas,
b "Employee", Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but
not as an independent contractor
c "Firm" Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations.
d "Official" The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas.
e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including
when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding
or control established through voting trusts, proxies or special terms of venture or partnership agreements.
"Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
20
CITY COUNCIL
AGENDA MEMORANDUM
December 20, 2005
AGENDA ITEM: Ordinance abandoning and vacating an 82.50-square foot portion of a 5-
foot wide utility easement out of Lot 5, Block 3, Wood River Unit 15, approximately 300 feet
east of E. Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou
Drive; requiring the owner Bayport Development, Inc. to comply with the specified
conditions; and declaring an emergency.
ISSUE: The closure of the utility easement is proposed to correct an encroachment
resulting from a residential structure constructed over a portion of the easement.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the building
permit approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
~
B.A. Holly, AICP
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
Bayport Development, Inc. (Developer) and Christopher L. Bridges (President/Owner), is
requesting the abandonment and vacation of an 82.50-square foot portion of a 5-foot wide
utility easement out of Lot 5, Block 3, Wood River Unit 15, located approximately 300 feet
east of E. Riverview Drive and at the intersection of Bedrock Drive and Big Cyprus Bayou
Drive, in order to correct an encroachment into the easement by a residential structure.
The easement to be abandoned and vacated is located in an "R-1 B" one-family dwelling
district.
The encroachment of the southeast corner of the house slab on-grade foundation into the
easement is less than 2-feet from an existing 24" RCP storm sewer line located within the
5-foot wide utility easement adjacent to the house. Owner will be required to sign a Hold
Harmless Agreement and Covenant with the City releasing the City of any liability from
damage to the existing house resulting from the 24" RCP storm sewer line. Owner must
comply with the specified conditions of the Ordinance prior to the occupancy of the house.
All public and franchised utilities were contacted. The City Storm Water Department has
an existing 24" RCP storm sewer line within the easement and requires the Owner to
televise the existing 24" RCP storm sewer at his expense to establish the condition of the
RCP line to identify any damage resulting from the construction of the residential dwelling.
Engineering Department requires the Owner to rehabilitate the existing 24" RCP at owner's
expense City Building Division is requiring that the Owner regrade the existing surface
area to correct the existing drainage problem on the adjacent property owner. None of the
other city departments and franchised utility companies had objections or facilities within
the portion of utility easement to be abandoned
Staff recommends payment of the fair market value of $ 210.00 for the abandonment and
vacation of an 82.50-square foot portion of the 5-foot wide utility easement. The owner has
been advised of and concurs with the conditions of the easement abandonment and
vacation
EXHIBIT A
FROM: B A. Holly AICP, Director of Development Services
DATE: December 7 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: December 13, 2005
ORDINANCE CAPTION:
Ordinance abandoning and vacating an 82.50-square foot portion of a 5-foot wide utility easement out of Lot 5, Block 3,
Wood River Unit 15, approximately 300 feet east of E. Riverview Drive and at the intersection of Bedrock Drive and Big
Cyprus Bayou Drive; requiring the owner Bayport Development, Inc. to comply with the specified conditions; and
declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 61. Page 111, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
Owner pay the fair market value fee of $210.00 for the abandonment and vacation of the total 82.50-
square foot portion of the 5-foot wide utility easement
2) Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and
Covenant.
3 Maintain the area (approximately 2-feet) between the existing house structure and the existing 24"
RCP in the 5-foot utility easement free of any permanent structures that could prohibit access and
maneuverability over the easement area to maintain, repair, or replace the storm sewer line.
4 Owner is required to allow access to the 24" storm sewer line at all times without cost to the City for
restoration of any surface improvements and landscaping.
5) Owner must televise the 24" RCP to City specifications at his expense and submit video tape to the
City for review. Televising the line will establish whether the 24" RCP was damaged during
construction of the residential structure.
6) Owner is required to prepare and submit construction plans to rehabilitate the existing 24" RCP per
City specifications, at his expense.
71 City Building Division is requiring that the Owner regrade the existing surface area to correct the
existing drainage problem to the adjacent property owner.
8) Owner must comply with comply with the specified conditions of the Ordinance prior to occupancy of
the house.
9) Upon approval from Council and issuance of the ordinance, all grants of easement closures must be
recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the
property is located Prior to Building Permit approval of construction, an up-to-date survey, abstracted
for all easements and items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
~Cl~
B.A. Holly, A P, Director of Development Services
DATE:~aS
APPROVED:
DATE
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 82.5-SQUARE FOOT PORTION OF
A 5-FOOT WIDE UTILITY EASEMENT OUT OF LOT 5, BLOCK 3,
WOOD RIVER UNIT 15, APPROXIMATELY 300 FEET EAST OF E.
RIVERVIEW DRIVE AND AT THE INTERSECTION OF BEDROCK
DRIVE AND BIG CYPRUS SA YOU DRIVE; REQUIRING THE OWNER,
BAYPORT DEVELOPMENT, INC., TO COMPLY WITH THE SPECIFIED
CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 82.5-square foot portion of a 5-foot wide utility easement out of
Lot 5, Block 3, Wood River Unit 15, approximately 300 feet east of E. Riverview Drive
and at the intersection of Bedrock Drive and Big Cyprus Bayou Drive, as recorded in
Volume 61, Page 111, Map Records Nueces County, Texas, that the owner, Bayport
Development Inc., (Owner), wishes to have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement for all
purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 82.5-square foot portion of a 5-foot wide utility easement out of
Lot 5. Block 3, Wood River Unit 15, as recorded in Volume 61, Page 111. Map Records
Nueces County, Texas is abandoned and vacated for public use as utility easement,
subject to Owner's compliance with the following specified conditions as part of the
abandonment and vacation:
1. That the Owner pay the fair market value fee of $210.00 for the abandonment.
and vacation of the total 82.5 square foot portion of the 5-foot wide utility
easement.
2. Owner must comply with all of the conditions as set forth in the Hold Harmless
Agreement and Covenant.
3. Owner must maintain the area (approximately 2-feet) between the existing house
structure and the existing 24" RCP in the 5-foot utility easement free of any
permanent structures that could prohibit access and maneuverability over the
easement area to maintain, repair, or replace the storm sewer line.
4. Owner is required to allow access to the 24" storm sewer line at all times without
cost to the City for restoration of any surface improvements and landscaping.
H:\LEG-DlR\Joseph\ORD- WoodRv15-av.doc
5. Owner must televise the 24" RCP to City specifications at his expense and
submit video tape to the City for review. Televising the line will establish whether
the 24" RCP was damaged during construction of the residential structure.
6. Owner is required to prepare and submit construction plans to rehabilitate the
existing 24" RCP per City specifications, at his expense.
7. City Building Division is requiring that the Owner regrade the existing surface
area to correct the existing drainage problem to the adjacent property owner.
8. Owner must comply with comply with the specified conditions of the Ordinance
prior to occupancy of the house.
9. Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
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 20th day of December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved ~ J...-. J ~
,2005
By: ~\~
JosephH rney 0
Assistant City Attorney
For City Attorney
H :\LEG-DIR\Joseph\ORD- W oodR v 15-av .doc
Corpus Christi, 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: 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-DlR\Joseph\ORD- WoodR vl 5-av.doc
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LOCATION MAP
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LOT 6
V.61,P.111
LOT 5
@
7.075 SF
(t
" FOUND 5/8' IRON ROD~,
@ ALL LOT CORNERS
This property lies within Zone C,
according to FIRM 1987. which
is not within the 100 year Flood Plane.
EASEMENT CLOSURE
SCALE:: 1" 20'
SEAL:
4:..(/ ~ 1-.
Registered Professional Land Surveyor EXH " .8' "IT C
Stale of Texas No. 2293
DATE 06/15/05
CREW RS & OL
OF"CE RV & DB
DR'FTING_RY & DB
LOT 5 BLOCK 3
Wood River Unit 15
V. 61, P. 111 (M.R.N.CT.) Corpus Christi, Nueces County, Texas
21
CITY COUNCIL
AGENDA MEMORANDUM
December 20, 2005
AGENDA ITEM: Ordinance abandoning and vacating a 612.70-square foot portion of a
1 O-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit 1, approximately
700-feet north of Teague Lane and west of and adjacent to Catfish Drive; requiring the
owner to comply with the specified conditions; and declaring an emergency.
ISSUE: The closure of the drainage easement is required after the City determined that
the rerouting of the storm sewer line was necessary after multiple complaints of settling
surface area from property owners within the subdivision.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the building
permit approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
~~~....-,~..,,:,L
8. oily, AICP
Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The City of Corpus Christi, is requesting the vacation and abandonment of a 612. la-square
foot portion of a 1 a-foot wide drainage easement out of Lot 15, Block 1, River Canyon Unit
1. The 1 a-foot wide drainage easement extends across the northern portion of Lot 15 and
is located adjacent to the northwestern portion of an existing house. The easement to be
abandoned and vacated is located in an "R-1 B" One Family Dwelling District.
The drainage easement is proposed to be vacated and abandoned because the existing
15" RCP storm sewer pipe will be abandoned in place and relocated to another utility
easement. The City had received multiple complaints of settling surface area from
property owners within the subdivision. The property owner on Lot 15, whose house is
located adjacent to the drainage easement, complained each time the Storm Water
Department backfilled the area and equipment tore up their lawn.
All public and franchised utilities were contacted regarding the vacating and abandonment
request and no objections were received. City Storm Water Department has an existing
15" RCP in the 10' drainage easement to be closed and will abandon in place and reroute
the 15" RCP storm sewer line to an existing 10' utility easement that is located between
Lots 14 & 15, Block 1, River Canyon Unit 1. None of the city departments and franchised
utility companies had any facilities within the easement or any objections to the easement
being vacated and abandoned.
Staff recommends that payment of the fair market value be waived since the City is
initiating the vacation and abandonment and resolving an operational problem. The
adjacent property owner has been advised of and concurs with the conditions of the utility
easement abandonment.
EXHIBIT A
FROM: B.A. Holly. AICP, Director of Development Services
DATE: December 13, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: December 20.2005
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 612.70-square foot portion of a 10-foot wide drainage
easement out of Lot 15, Block 1, River Canyon Unit 1, approximately 700-feet north of Teague Lane
and west of and adjacent to Catfish Drive; requiring the owner to comply with the specified
conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 47, Page 104, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
That payment of fair market value for the easement closure be waived, because the
City is initiating the closure of the drainage easement and correcting a troublesome
operational problem.
2) City will abandon in place the existing 15" RCP located in Lot 15, Block 1, River
Canyon Unit 2, and will reroute it to another existing 10-foot utility easement that's
located between Lots 14 & 15, Block 1, River Canyon Unit 1.
3) Upon approval from Council and issuance of the ordinance, all grants of easement
closures must be recorded at owner's expense in the real property Map Records of
Nueces County, Texas, in which the property is located. Prior to Building Permit
approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
~ ' AICP, Director of Development Services
DATE: /2-/S.nr
APPROVED:
DATE-
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 612.70-SQUARE FOOT PORTION
OF A 10-FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 15,
BLOCK 1, RIVER CANYON UNIT 1, APPROXIMATELY 700 FEET
NORTH OF TEAGUE LANE AND WEST OF AND ADJACENT TO
CATFISH DRIVE; REQUIRING THE OWNER TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY.
WHEREAS, there is a 612.70-square foot portion of a 10-foot wide drainage easement
out of Lot 15, Block 1, River Canyon Unit 1, approximately 700 feet north of Teague
Lane and west of and adjacent to Catfish Drive, as recorded in Volume 47, Page 104,
Map Records Nueces County, Texas, that the owner, (Owner), wishes to have
abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the drainage easement for all
purposes, subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 612.70-square foot portion of a 10-foot wide drainage easement
out of Lot 15, Block 1, River Canyon Unit 1, as recorded in Volume 47, Page 104, Map
Records Nueces County , Texas is abandoned and vacated for public use as drainage
easement, subject to Owner's compliance with the following specified conditions as part
of the abandonment and vacation:
1 . That the fair market value fee be waived because the City is initiating the closure
of the easement and correcting a troublesome operational problem.
2, City will abandon in place the existing 15-inch RCP located in Lot 15, Block 1,
River Canyon Unit 1 and will reroute it to another existing 10-foot utility easement
that's located between Lots 14 and 15, Block 1, River Canyon Unit 1.
3. Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
H:\LEG-DIR\Joseph\ORD-RvCnyn l-av.doc
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 20th day of December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved ~ / f
,2005
By: I'JH, t'-- Id
Josep Harney ,
Assistant City Attorney
For City Attorney
&
H:\LEG-DIR\Joseph\ORD-RvCnyn l-av.doc
Corpus Christi, 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: Ime, 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-DIR\Joseph\ORD-R vCnyn l-av.doc
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O.N.STEVENS PlANT
FIVE POINJS
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EASEMENT CLOSURE
LOT 15, BLOCK 1, RIVER CANYON UNIT 1
N.T.S.
EXHIBIT C
LOT 30
RIVER CANYON UNIT 2
VOL 48, PGS. 147-148
M.R.N.C.T
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RIVER CANYON UNIT:!
VOL. 47, PG 104
M.R.N.C. T.
LOT 21
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BEARINGS ARE WITH REFERENCE TO THE
DIAGONAL INVERSE FROM THE SOUTHWEST
CORNER TO THE EAST CORNER OF LOT 30,
BLOCK 1, RIVER CANYON UNIT II AS RECORDED
IN VOLUME 48, PAGES 147-148. (S83033'13"E)
STATE OF TEXAS
COUNTY OF NUECES
I, RUSSELL D. OCHS, REGISTERED PROFESSIONAL LAND SURVEYOR
OF THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS MAP WAS
PREPARED FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND
UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE, THIS THE )bTtI DAY OF ~OllE""I~ , 2005.
0-~1 J). oj
RUSSELL D. OCHS R.P.L.S.
TEXAS REGISTRATION NO. 5241
~ 0 ~
~ II
Scale In Feet
~
10' DRAINAGE EASEJIENT CLOSURE
RIVER CANYON UNIT 1
OWNER: NORMA WE.A.VER
DOCUMENT 12005003904 a.p.R.N.C.T
BBNG A TRACT OF lAND CONTAINING 0.014 ACRES (612.7 SQ FI)
OUT OF LOT 15, BLOCK 1, RIVER CANYON UNIT 1 AS RECORDED
IN VOLUME 47, PAGE 104 OF THE MAP RECORDS OF
NUECES COUNTY. TEXAS.
~
"""'"
CITY of CORPUS CHRISTI. TEXAS
Department of Engineering Services
Survey OMsion - Phone: 361-826-3500
Date: 11/01/05
Orarm ~ R. OCHS
Checkod ~ O. NCSNff/f
Project: 224() - __ eon,.,.. Area Drainage Impe.
Fl1c\lAIIIl PROJEr:TS J"\~ C4NYtW\
DW\~
SHEET" 1 OF 1
22
CITY COUNCIL
AGENDA MEMORANDUM
December 20,2005
AGENDA ITEM: Ordinance abandoning and vacating a 716.70-square foot portion of a
1 O-foot wide drainage easement out of Lot 30, Block 1, River Canyon Unit 2, approximately
750-feet north of River Canyon Drive and east of and adjacent to Rolling Ridge Trail;
requiring the owner to comply with the specified conditions; and declaring an emergency.
ISSUE: The closure of the drainage easement was initiated by the City after determining
that the rerouting of the storm sewer line was necessary to resolve resident complaints
about the existing deep storm sewer line. An additional utility easement will be dedicated
by the property owner for a new storm sewer line.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval from Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas, in which the property is located. Prior to the building
permit approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services. These
requirements are in compliance with Ordinance No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
~~_A 7;,"-v'''''
~ . lIy, AICP
/ - Director of Development Services
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
The City of Corpus Christi, is requesting the vacation and abandonment of a 716. 70-square
foot portion of a 1 a-foot wide drainage easement out of Lot 30, Block 1 J River Canyon Unit
2. The 1 a-foot wide drainage easement extends across the western portion of Lot 30,
Block 1, River Canyon Unit 2. The easement to be abandoned and vacated is located in
an "R-1B" One Family Dwelling District.
The drainage easement is to be abandoned and vacated with the abandonment of the
existing 24" RCP storm sewer pipe. The drainage easement on Lot 30 will be relinquished
back to the property owner. The storm sewer line to be abandoned in place and grouted
In by the City will resolve the problems with the existing deep storm sewer line. The City
will be constructing a new drainage system in the area to improve the drainage situation.
All public and franchised utilities were contacted regarding the vacating and abandonment
request and no objections were received. City Storm Water Department has an existing
24" RCP in the 10' drainage easement to be closed and will abandon the line in place.
Owner will be dedicating a utility easement at the south corner of Lot 30, for Storm Water
to construct a new 15" RCP storm sewer line. None of the city departments and franchised
utility companies had any facilities within the easement or any objections to the easement
being vacated and abandoned.
Staff recommends that payment of the fair market value be waived in exchange for owner
dedicating another utility easement at the south corner of his lot for a new storm sewer line
and a benefit to the City in correcting an ongoing drainage problem. The property owner
has been advised of and concurs with the conditions of the drainage easement
abandonment.
EXHIBIT A
FROM: B.A. Holly, AICP, Director of Development Services
DATE: December 13, 2005
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: December 20.2005
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 716.70-square foot portion of a 10-foot wide drainage
easement out of Lot 30, Block 1, River Canyon Unit 2, approximately 750-feet north of River Canyon
Drive and east of and adjacent to Rolling Ridge Trail; requiring the owner to comply with the
specified conditions; and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 48, Pages 147-148, of the Map Records of Nueces County,
Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1 That payment of fair market value for the easement closure be waived, because the
City is eliminating operational problems with the existing storm sewer line by the
relocation.
2) City Storm Water will abandon in place an existing 24" RCP that's in the 10' drainage
easement located in the western portion of Lot 30, Block 1, River Canyon Unit 2.
3 \ Owner is to dedicate a new 490.80-square foot portion of utility easement in the
south corner of Lot 30, Block 1, River Canyon Unit 2.
3) Upon approval from Council and issuance of the ordinance, all grants of easement
closures must be recorded at owner's expense in the real property Map Records of
Nueces County, Texas, in which the property is located. Prior to Building Permit
approval of construction, an up-to-date survey, abstracted for all easements and
items of record, must be submitted to the Director of Development Services.
REQUESTED BY:
, ICP, Director of Development Services
DATE: /:2.-/5-/J ~
.
APPROVED:
DATE.
EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 716.70-SQUARE FOOT PORTION
OF A 10-FOOT WIDE DRAINAGE EASEMENT OUT OF LOT 30,
BLOCK 1, RIVER CANYON UNIT 2, APPROXIMATELY 750 FEET
NORTH OF RIVER CANYON DRIVE AND EAST OF AND ADJACENT
TO ROLLING RIDGE TRAIL; REQUIRING THE OWNER TO COMPLY
WITH THE SPECIFIED CONDITIONS; AND DECLARING AN
EMERGENCY.
WHEREAS, there is a 716.70-square foot portion of a 10-foot wide drainage easement
out of Lot 30, Block 1, River Canyon Unit 2, approximately 750 feet north of River
Canyon Drive and east of and adjacent to Rolling Ridge Trail, as recorded in Volume
48, Pages 147-148, Map Records Nueces County, Texas, that the owner wishes to
have abandoned and vacated; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the drainage easement for all
purposes. subject to the provisions below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 716.70-square foot portion of a 10-foot wide drainage easement
out of Lot 30, Block 1, River Canyon Unit 2, as recorded in Volume 48, Pages 141-148,
Map Records Nueces County, Texas is abandoned and vacated for public use as
drainage easement, subject to Owner's compliance with the following specified
conditions as part of the abandonment and vacation:
1. That the fair market value fee be waived because the City is initiating the closure
of the easement and correcting a troublesome operational problem.
2 City will abandon in place the existing 24-inch RCP that's in the 10-foot drainage
easement located in the western portion of Lot 30, Block 1, River Canyon Unit 2.
3. Owner is to dedicate a new 490.80 square foot portion of utility easement in the
south corner of Lot 30, Block 1, River Canyon Unit 2.
4. Upon approval from Council and ordinance issued, all grants of easement
closures must be recorded at Owner's expense in the real property records of
Nueces County, Texas. Prior to Building Permit approval of construction, an up-
to-date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
H :\LEG- DIR \Joseph\ORD-R vCnyn2-av.doc
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the 20th day of December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved
~
/'--
}
.
,2005
By: ~ 11-0
Joseph arney
Assistant City Attorney
For City Attorney
H:\LEG-DIR Voseph\ORD-R vCnyn2-av .doc
Corpus Christi, 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: 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-DlR \Joseph\ORD-R vCnyn2-av .doc
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FIVE POIN;5
O.NSTEVENS PlANT
EASEMENT CLOSURE
LOT 30, BLOCK 1, RIVER CANYON UNIT 2
N.T.S.
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EXHIBIT C
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LOT 31
LINE
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716.7 SQ. FT.
(0.016 AC.)
<D
LOT 30
RIVER CANYON UNIT 2
VOL 48, PGS. 147-148
M.R.N.C. T.
BEARINGS ARE WITH REFERENCE TO THE
DIAGONAL INVERSE FROM THE SOUTHWEST
CORNER TO THE EAST CORNER OF LOT 30,
BLOC!< 1, RIVER CANYON UNIT II AS RECORDED
IN VOLUME 48. PAGES 147-148. (S83'33'13-E)
LOT 15
STATE OF TEXAS
COUNTY OF NUECES
I, RUSSEll D. OCHS, REGISTERED PROFESSIONAL LAND SURVEYOR
OF THE STATE OF TEXAS. HEREBY CERTIFY THAT THIS MAP WAS
PREPARED FROM AN ACTUAL FIELD SURVEY MADE ON THE GROUND
UNDER MY DIRECTION AND IS TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE, THIS THE 1ST" DAY OF fJoVeI'JIEI. , 2005.
CL~, oct
RUSSELL D. OCHS R.P.L.S.
TEXAS REGISTRATION NO. 5241
LINE TABLE
BEARING LENGTH
NOOO 4 7'221'1,1
N44059'531'W
S68055'471E
7,17'
14.34'
10.77'
FOUND 5/8-
............. IRON ROO
.............
.............
.............
/
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/
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LOT 14
RIVER CANYON UNIT 1
VOL 47, PG. 104
M.R.N.C.T.
EXHIBIT C
40 0 40
~ I
Scale In Feet
10' DRAINAGE EASEJLENT CLOSURE
RIVER CANYON UNIT 2
OWNER: MAAK A. ESPARZA
DOCUMENT 12004051609 O.P.R.N.C.T.
BEING A TRACT OF LAND CONTAINING 0.016 ACRES (716.7 sa FT)
OUT OF LOT 30, BlOCK 1. RIVER CANYON UNIT 2 AS RECORDED
IN VOLUME 48, PAGES 147 - 148 OF THE MAP RECORDS OF
NUECES COUNTY, TEXAS.
~
~
"""""
CITY ot CORPUS CHRISTI. TEXAS
Department of Engineering Services
survey Division - Phone: 36f-826-J500
0vtI: 11/01/05
Lhwn By: R. OCHS
~ By: O. NESIIfTH
Project: 2240 - _ ~ _ Droinoge Imps.
RIo:\tNCl PROJE1;TS "\RMII' CWltW\
OIIl;l\RMllC4Nl'lWOCOIK;
SHEET 1 OF 1
23
CITY COUNCIL
AGENDA MEMORANDUM
December 20,2005
AGENDA ITEM: Ordinance regarding delinquent personal property tax penalty.
ISSUE: During the recent 79th Session, the Texas Legislature passed HB 2491,
the omnibus tax property tax bill, which included provision regarding delinquent
personal property tax penalty. HB 2491 authorizes governing bodies to impose a
penalty on delinquent personal property tax accounts at 60 days after taxes
become delinquent. Approval of this ordinance will enable the collection law firm
to receive delinquent accounts earlier.
REQUIRED COUNCIL ACTION: Approval of the ordinance.
FUNDING:
CONCLUSION AND RECOMMENDATION: Approval of the Ordinance.
~~P7 fYI~
Oscar Martinez \
Assistant City Manager
BACKGROUND INFORMATION
Personal property is subject to state taxation unless exempted under law.
Personal property taxes are appraised January 1. Personal property taxes
become delinquent on February 1 of the following year. Such taxes are currently
referred for collection on July 1 upon imposition of twenty percent delinquent
penalty. HB 2491 authorizes governing bodies to impose delinquent penalty date
at 60 days after account becomes delinquent. Approval of this ordinance will
result in earlier referrals for collection.
ORDINANCE REGARDING DELINQUENT PERSONAL PROPERTY
TAX PENALTY
Whereas, the City of Corpus Christi wishes to defray its costs of collection, as
authorized by TEX. TAX Code S 33.11, that it incurs under a contract for collection of
delinquent property taxes between its authorized collection agent Nueces County and a
prtvate law firm entered into pursuant to TEX. TAX CODE S 6.3.0; and
Whereas, the City desires to turn over for collection delinquent personal property taxes
at the earliest practicable date: and
Whereas, under said Section 33.11, the governing body of the City of Corpus Christi is
empowered to authorize the addition of a collection penalty in an amount that does not
exceed the amount of the compensation specified in the collection contract with the
private law firm;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI THAT:
SECTION 1. The Recitals set forth in this ordinance are true and correct.
SECTION 2. An additional penalty on delinquent personal property taxes for tax years
2005 and subsequent years is hereby authorized and imposed, as provided by Section
33.11, Texas Tax Code, in the amount of 20% of the delinquent tax, penalty and
interest, if the tax becomes delinquent on February 1 of a year and remains delinquent
on the 60th day thereafter
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
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
That the foregoing ordinance was read for the second time and passed finally on this
the day of ,2005, by the following vote:
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
PASSED AND APPROVED this the
Day of
,2005.
ATTEST
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: December 15, 2005
~~
Lisa Aguilali
Assistant CI Attorney
for City Attorney
24
Page 1 of 2
AN ORDINANCE
AMENDING THE 1969 MASTER PLAN FOR STORM DRAINAGE FOR
THE AREA WEST OF CLARKWOOD ROAD AND THE FLOUR BLUFF
AREA OF THE CITY OF CORPUS CHRISTI, TEXAS TO ADD A
MASTER PLAN CULVERT CROSSING FLOUR BLUFF DRIVE
APPROXIMATELY 550 FEET SOUTH OF THE INTERSECTION OF
CORNERSTONE DRIVE AND FLOUR BLUFF DRIVE; INCREASE THE
DRAINAGE BASIN BOUNDARY, BASIN EA-C-2, BY APPROXIMATELY
13 ACRES; AND REALIGN THE MASTER CHANNEL WITH
UNDERGROUND CULVERT THROUGH CORNERSTONE UNIT 3
SUBDIVISION; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment to the Master Sanitary Sewer Plan of the
City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 30, 2005, during a meeting of the Planning Commission, and on Tuesday,
December 30, 2005, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the 1969 Master Plan for Storm Drainage for the Area West of
Clarkwood Road and the Flour Bluff Area of the City of Corpus Christi, Texas is
amended to add a Master Plan culvert crossing Flour Bluff Drive approximately 550 feet
south near the intersection of Cornerstone Drive and Flour Bluff Drive, and to increase
the drainage basin boundary for basin EA-C-2 by approximately 13 acres and realign
the channel for flows coming from basin EA-C-1 through Cornerstone Unit 3
Subdivision, by incorporating the attached Exhibit into the Master Plan.
SECTION 2. That the Master Plan for Storm Drainage is an element of the
Comprehensive Plan and the Comprehensive Plan is amended to conform to the
Master Plan for Storm Drainage, as amended by this ordinance.
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 4. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
H :\LEG-DIR\JOSEPH\ORD-STRMWTRPLN-BLU FF. DOC
Page 2 of 2
That the foregoing ordinance was ~me and passed to its second
reading on this the ~day of , 2005, by the following vote:
Henry Garrett ~ Bill Kelly OJ(-
Brent Chesney ~ Rex A. Kinnison 7i:J;;i
John E. Marez ~ Jesse Noyola
Melody Cooper Mark Scott ~
~
Jerry Garcia
That the foregoing ordinance was read for the second time and passed finally on
this the day of , 2005, by the following vote
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
PASSED AND APPROVED, this the
day of
,2005.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Approved /#...J...,.,
BY~osePh~e~t-o
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
,2005
H :\LEG-DIR\JOSEPH\ORD-STRMWTRPLN-BLUFF. DOC
I
1
EXHIBIT TiTlE:
VICINITY MAP
~ABA
ENGINEEAING
---
t Exhibit I
Page 1 of 1
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DRAINAGE MASTER PLAN AMENDMENT
CORPUS CHRISTI, TEXAS
SCAlE: 1"=1500' JOB NO. J7407.A5.00
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Proposed Amendment
;CAl.E: 1"-600'
DRAINAGE MASTER PLAN AMENDMENT
CORPUS CHRISTI, TEXAS
JOB NO. 37407.A5.00 DATE: 11-22-05
...-----
- ----
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Page 1 of 1
25
Page 1 of 2
AN ORDINANCE
AMENDING THE 1965 MASTER SANITARY SEWER PLAN FOR THE
FLOUR BLUFF AREA BY INCREASING WASTEWATER BASIN 3-B-1
BY 28.4 ACRES NOW SERVED BY FLOUR BLUFF LIFT STATION NO.
1086. THE 28.4 ACRES WILL BE SERVED BY A NEW 10-INCH PVC
SANITARY SEWER COLLECTION LINE LOCATED BETWEEN DON
PATRICIO ROAD AND THE EXTENSION OF DIVISION ROAD,
APPROXIMATELY 1,375 LINEAR FEET SOUTHEAST OF AND ./)
PARALLEL TO FLOUR BLUFF ROAD; AND PROVIDING FOR
PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment to the Master Sanitary Sewer Plan of the
City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 30,2005, during a meeting of the Planning Commission, and on Tuesday,
December 30, 2005, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area is
amended by increasing wastewater basin 3-B-1 by 28.4 acres now served by Flour Bluff
Lift Station NO.1 086 by incorporating the attached Exhibit into the Master Sanitary
Sewer Plan. The 28.4 acres will be served by a new 10-inch pvc sanitary sewer
collection line located between Don Patricio Road and the extension of Division Road,
approximately 1,375 linear feet southeast of and parallel to Four Buff Road.
SECTION 2. That the Master Sanitary Sewer Plan is an element of the Comprehensive
Plan and the Comprehensive Plan is amended to conform to the Master Sanitary Sewer
Plan, as amended by this ordinance.
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 4. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
H :\LEG-DIR\JOSEPH\ORD-SSWRPLN-BLU FF. DOC
That the foregoing ordinance was ~~e and passed to its second
reading on this the ~ay of 2005, by the following vote:
~
~
~
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Page 2 of 2
Bill Kelly
~
-~
7-
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on
this the day of ,2005, by the following vote
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
Approved ~.{I'~ r
By: /LL IL ~
Joseptf~y -'0
Assistant City Attorney
For City Attorney
,2005
H :\LEG-DI R\JOSEPH\ORD-SSWRPLN-BLUFF. DOC
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2005.
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
i
EXHIBIT TITLE:
VICINITY MAP
_ABA
ENGINEERING
---
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exhibit
Page 1 of 1
SANITARY SEWER MASTER PLAN AMENDMENT
CORPUS CHRISTI, TEXAS
SCALE: 1.=1500' JOB NO. 37.07.A5.00
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SANITARY SEWER MASTER PLAN AMENDMENT
CORPUS CHRISTI, TEXAS
JOB NO. 37407.A5.00
l ExhU* l
Page 1 of2
l"~'OOO'
Job No. 37407.A5.00
3/17/05
LIFT STATION CALCULATION FOR THE
FLOUR BLUFFLIFf STATION NO. 1086
Platted Area Not Yet Serviced:
(337100) x (3.5 peoplel1ot) x (100 gallons/person-day) = 117.950 gallons/day
Large platted tracts assume 10 homes x 3.5 people/home x 100 GPD = 3,500 gallons/day
Comentone Unit 3 Subdivision:
(83 homes) x (3.5 peopleJhome) x (100 gallons/person-day) = 29,050 gallons/day
S"'reline Oaks Subdivision:
(258 homes) x (3.5 peopleJhome) x (100 gallons/person-day) = 90,300 gallons/day
Co.mercial Tncts:
20 Acres x 8 people/Ac x 10 gallons/day = 1,600 gallons/day
AdditionallDtlew " Iafdtntion:
62 Acres x 400 gallons/acre/day = 24,800 gallons/day
Total Gallo.. oer Dav:
267,200 gallons/day or 185 GPM
Peak Factor:
267,200 gallons/day x 3.0 = 801,600 gallons/day
F.lliatia. Flour Bluff Lift Station:
Pumping Capacity (from PEECO):
2-20 HP Pumps @ Approximately 1,225 gallons/minute
Additional Run Time:
801.600 gallons/day
1,225 gallons/minute
654 minutes or 10.9 hours
From Run Time Data = 2.5 hrs/day average (from City and PEECO 10/03)
Average Run Time + Additional Run Time = Estimated Run Time including Shoreline Oaks-
Phase I, Future Units and Cornerstone 3 plus existing platted property within service area.
2.5 hours + 10.9 hours = 134 hours (peak)
Flygt's warranty is based on a 40"10 duty cycle (24 hrs x 0.40 = 9.6 hrs/day/pump). Using the
above figures, the Flour Bluff Lift Station No. 1086 will pump 13.4 hours/day. Flour Bluff is a
triplex lift station with two alternating pumps and a standby. Pumping time during peak flow
will be 6.7 hrsldaylpump (70010 of capacity) and 2.2 brsIday/pump during average flows (23% of
capacity). Said time is based on servicing all existing platted area with full build out of the
Shoreline Oaks Subdivision and Cornerstone Unit 3.
In summary, the Flour Bluff Lift Station No. 1086 does have adequate capacity to serve ~
Cornerstone Unit 3 Subdivision plus additional platted areas. Exhibit..
age
26
ORDINANCE
AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 57,
VEHICLES FOR HIRE, SECTION 57-88, AGE OF VEHICLE, TO INCREASE
THE MAXIMUM AGE OF A TAXICAB ALREADY IN SERVICE FROM EIGHT
(8) YEARS TO TEN (10) YEARS; SECTION 57-97, APPLICATION FOR
TAXICAB DRIVER'S PERMIT, TO PROVIDE FOR A TEMPORARY PERMIT
UPON FINDING THAT THE APPLICANT'S CRIMINAL BACKGROUND
CHECK COMPORTS WITH THE REQUIREMENTS FOUND AT SECTION 57-
98; AND 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 57-88, Age of vehicle, is hereby amended as follows:
Sec.. 57-88. Age of vehicle.
The certificate holder shall not allow a vehicle in his or her taxicab service wRiGA
is placed in service after January 1, 1991, to be more than six (6) years old at the
time it is placed into service, nor more than eight (8) ten (10) years old white it is
maintained for service. The age of the vehicle shall be calculated from January 1
of the model year of the vehicle.
Effective January 1, 19Q4, No vehicles may be used as taxicab '/ehicles which
are more than eight (8) ten (10) years old, as calculated above. may be used as
taxicab vehicles.
SECTION 2. That the Corpus Christi Code of Ordinances, Chapter 57, Vehicles
for Hire, Section 57-97, Application for taxicab driver's permit, is hereby amended
as follows:
Sec. 57-97. Application for taxicab driver's permit.
@l To obtain a city taxicab driver's permit, each person shall make a sworn
written application to the taxicab inspector, which application shall be made upon
the form provided and shall contain the following information:
(1 ) The name, age and address of applicant.
(2) The name of the business or person by whom the applicant expects to be
or is employed.
(3) The applicant's place of residence for the past five (5) years.
(4) A full description of the applicant, including his height, weight, color of eyes
and hair, distinguishing body features or marks, a full set of applicant's
fingerprints and three (3) prints of the applicant's photograph.
(5) Whether applicant has had experience driving a taxicab or in a related type
of work.
(6) Whether applicant has been convicted of or charged with a felony,
misdemeanor or traffic law violation and, if so, full information concerning the
same. The applicant shall execute a release authorizing law enforcement
agencies, to the extent lawful, to furnish all his criminal history information record
to the taxicab inspector, and authorizing release by the taxicab inspector to the
prospective taxicab employer. The taxicab inspector may establish the
reasonable time periods for which different kinds of criminal history information is
required to be furnished.
(7) A medical report dated not more than thirty (30) days prior to date of
application, from, a local physician, which certificate shall certify that applicant
does not suffer from any disease or disability which would impair his ability to
operate a taxicab in a safe manner upon the streets of the city; such medical
report shall specifically state the condition of hearing and eyesight of the
applicant.
(8) The number and date of issuance of applicant's Texas Class A, B or C
license.
(9) The most recent date of completion of a certified defensive driving course.
(b) An aoolicant mav receive a temoorarv taxicab driver's oermit that will exoire
30 calendar davs after the date it is aranted while oendina satisfaction of items
(a)(7) and (a)(9) above. A temoorarv oermit will on Iv be aranted to those
aoolicants whose criminal backaround checks comoort with the reauirements
found at Sec. 57-98. Code of Ordinances.
SECTION 3. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a court of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be
given full force and effect for its purpose.
SECTION 4. 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 5. Violation of this ordinance is an offense, punishable as provided in
section 1-6 of the City Code of Ordinances.
That the foregoing ordinance ~ the first time and passed to its second
reading on this the a~ay of 2005, by the following vote:
Henry Garrett ~ Rex A. Kinnison ~
Brent Chesney ~ John E. Marez ~
Melody Cooper Jesse Noyola
Jerry Garcia ~ Mark Scott ~
Bill Kelly ~
That the foregoing ordinance was read for the second time and passed finally on this
the day of ,2005, by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
John E. Marez
Melody Cooper
Jesse Noyola
Jerry Garcia
Mark Scott
Bill Kelly
APPROVED AND PASSED on this
day of
.2005.
ATTEST:
Armando Chapa, City Secretary
Henry Garrett, Mayor
Legal Fonn ApproYed:,P~ ? ~ 2005;
U~---
Rtrndy A. Stoneroad
Assistant City Attorney
27
AGENDA MEMORANDUM
December 20, 2005
AGENDA ITEM:
a Public hearing for proposed transfer of funds from the Sanitary Sewer Trunk System Trust Fund No. 4220-250410
to the Sanitary Sewer CoIection Une Trust fund No. 4220-250420 in accordance with Sec. V.B.6(h) of the
Platting Ordinance; and
b. Ordinance appropriating and appfoving the transfer of $800,000.00 from the Sanitary Sewer Trunk System Trust
Fund No 4220-250410 to the SanitaIy Sewer CoIec:tion Li1e Trust Fund No. 4220-250420 in accordance with
Sec. V.8.6(h) of the Plalling Ordinance to establish sufficient funds in the CoIection Une Trust Fund to carry out
the purpose of the Ordnance; and declaring an emergency
Motion approving the Sanitary Sewer CoIection Une Extension Construction and Reimbursement Agreement
submitted by Ford Tex ()peralg. deYeIoper of Saraoga Centef, Lot 15, Block 1 (Montana Mike's Steakhouse)
located east of South Staples Street and sooth of Saratoga BouIevald for the instaIation of a 12-inch over-size,
over-depth PVC sanitary sewef coIecIion ine along the east side of S. SIapIes Street between the City's Uft
Station #5 and ectendng 664 linear feet sooth to a proposed manhole near the south property line of Saratoga
Center, Lot 16, BIock1; and
d Ordinance appropriating $153,922.48 from the Sanitary Sewer CoIection Line Trust Fund No. 4220-250420 to
pay Ford T ex Operating, for the instalation of 664 inear feet over-size, over--deplh 12-inch PVC sanitary sewer
collection line as specIied in the Sanitary Sewer CoIecIion line Extension Construction and Reimbursement
Agreement to develop Saratoga Center, Lot 15, Block 1 (Montana Mike's Steakhouse); and declaring an
emergency
ISSUE: Applications for funds from the Sanitary Sewer CoIection Une Trust Fund to reimburse developers for sanitary
sewer construction costs exceec:l the available balance.
ISSUE: Ford T ex Operating, developer of Saratoga Center, Lot 15, Block 1, wi start the installation of an over-size, over-
depth 12-inch PVC sanitary sewef coIection line along the east side of S. Staples Street starting at City Lift station #5 and
extending 664 linear feet sou1h to a proposed manhole near the soo1h property line of Saratoga Centef, Lot 16, Block 1 once
the City Council approves the SanitaIy Sewer CoIection Li1e Extension ConsIruc:tion and Reimbtllsement Agreement and
appropriates funds from the Sanilary Sewer CoIec:tion Trust Fund in compiance wiIh the PlaIting Ordinance.
RECOMMENDATION: Staff recommends approval of the motion and ordinances as presented.
~Q'$
SA Holy, AI
Director of Development Services
ATTACHMENTS:
Exhibit A.
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Background Information
Location Map Map
Application for Sewer Une Reimbursement
Over-Size, Over-Depth San. Swr. Collection Line
Cost Estimate Off-Site San. Swr. Extension
Cost Estimate On-Site San. SWL Extension
Sanitary Sewer CoIection Line Extension Construction and Reimbursement Agreement
AGENDA MEMORANDUM
ADDITlONAl BACKGROUND INFORMATION
SUBJECT: Transfer of funds from the Sanitary Sewer Trunk System Trust Fund to the Sanitary Sewer
Collection Line Trust fund.
BACKGROUND: The previous transfer to the Collection Une Trust Fund was approved by Council on April
12, 2005 for a total of $600,000.00. From February to December 2005, $1,066,441.00 was appropriated from
the Sanitary Sewer Collection Une Trust Fund for construction of collection lines bringing the fund balance
down to $14~1438.00. The transfer of $800,000.00 from the Sanitary Sewer Trunk System Trust Fund will
restore the fund balance to a level that "WIll provide funding for anticipated development
SUBJECT: Sanitary Sewer Collection Une Reimbursement for Saratoga Center, Lot 15, Block 1
BACKGROUND: The development and pIa1Iing of Saratoga Center, Lot 15, Block 1 located south of Saratoga
Boulevard and east of S. Staples Street (see to Exhibit B) required the installation of 104 linear feet of an 8-
inch sanitary sewer collection line. The Ciy and the developer agreed that an oversize, over-depth 12-inch
Sanitary Sewer Collection Line should be installed instead of the required 8--inch line. The proposed 12-inch
oversize, over-depth sanitary sewer coRection line will extend to the south from City un Station No.5 for 664
linear feet ending at a proposed manhole at the souIh property me of Saratoga Center, Lot 16, Block 1. The
12-inch sanitary sewer collection line, as proposed, will be of sufficient depth and slope to serve future
development along S. Staples Street
The 12--inch sanitary sewer collection line is required to provide santary sewer seMce to Saratoga Center, Lot
15, Block 1 and is eligible for reimbursement as a saniIary sewer coIledion line in accordance with the Platting
Ordinance. The developer has submitted application for sewer line reimbursement and a Sanitary Sewer
Collection Une Extension Construction and Reimbursement Agreement (see Exhibit G) with supporting
documentation in compliance with provisions of the Platting Ordinance. The Application for Sewer Une
Reimbursement and supporting documentation is attached (see Exhibit C - Sewer Une Reimbursement
Application ).
A description of the work and reimbursement calculations is shown below:
OFF-81TE OVER-SIZE OVER-DEPTH
Approximately 104 6near feet of an off-site, over-size, over-depth 12--inch PVC sanitary sewer line will be
constructed beginning at City Ufl Station #5 and extending south to approxmatefy the north property line
of Saratoga Center, Lot 15, Block 1 (see Exhibit D).
ON-SITE OYER-SIZE. OYER-DEPnf
Approximatefy 560 linear feet of a 12-Vlch PVC sanitary sewer line will be constructed beginning at
approximately the north property line of Saratoga Center, Lot 15, BCock 1 and extending south to a
proposed manhole near the south property line of Saratoga Center, Lot 16, BIock1 (see Exhibit D).
In accordance with the reimbursement criteria in the Platting Ordinance, the development of Saratoga Center,
Lot 15, Block 1 is eligible for a maximum reimbursement equivalent to 50 % of the mathematical product
obtained by multiplying the pipe diameter in inches by the fee value of the property. The total acreage of
lof2
Exhibit A
Saratoga Center, Lots 11,12,13,14,15,16, Block 1 was used in the calculation of the fee value to extend the
sanitary sewer collection ine to the furthest point of the platted Saratoga Center area. The maximum
reimbursement is, (12 X $2627762) X.50 = $157,665.72.
The Developer submitted a construction cost estimate of $84,359.55 (see Exhibit E) for 104 linear feet of an
off-site, over-size, over-depth 12-inch PVC sanitary 5e't\Ier collection line and will be reimbursed 100% of this
cost. The developer submitted a construction cost estimate of $100,600.01 (see Exhibit F) for 560 linear feet
of an on-site, over-size, over-depth, 12-inch PVC saniary sewer collection line and a construction cost estimate
of $31,037.08 for 560 linear feet of an &-inch PVC saniary sewer collection line. The total reimbursement to
the devetoper for the cost of the on-site 12-inch sanitary sewer collection me is 1he <ifference in cost between
a 12-inch and an 8-inch sanitary sewer colleclion rille or $69,562.93, which is the difference between these
costs ($100,600.01 - $31,037.08). The total reimbursement is $84,359.55 + $69,562.93, which is $153,922.48.
This is less than maximum reimbursement amount of $157,665.72 permitted 17{ the Platting Ordinance
Reimbursement would be payable upon completion and accepl:ance of the sanilary 5e't\Ier collection 6ne work
with the actual reimbursement to be determined based on the actual construction cost and not to exceed
$153,922.48.
2of2
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. Exhibit B
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'\PP~IC~IJQ1.IO..B..-SA" [TART' SEWER LIl\E RE1:\!Bl1RSEvt.ENT
\N, Ford TL' O~1cr<:\1n):!.
m\ fier and developer of prop(l~..:d S:tr;uoc,a C Clitcr_._~Q.l_15. Block I
::-.:11'01'. ,lor. hcrcth fcquesl rClrnbufSClllCII( :,t S ]:'3 q22 4~
fOf (he 1I15[.111i1T10l1 of the colkctlol1 mi\11l ill
on,\II,:'.'(1' ""ii, . $:\r:lln,.,gl_Ccnlcr. L01_!>. I;3lock L. Sul)0'\'I~""" ,'" I'r(h.dcd for by C,t~' Ordinance '-.;0
1091 Sot:! S _I )3,9_n.,_,,~.
15 the COIlS\I1JCtIOIl cosl ncluCln,,: 7-I,2"'~ Cl1glllccllllg, III i;XC(;S:; uf thL
lotiacr',.lgc I~c. 35 shown h, the cost SllppOlllilg dOCllill(;l)ls <JlIach...J here>"."
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Doug F rlchng
Ford Te, Opcratng
THE STATE OF TEX '\S '=-
\
COU:--'T'r OF ~~,s....Q~ ~
TIllS ,[,strulllLllt ,",as acknowledged hefore me 011
FUfej ! e, Operating
1;1.. _ ...:L.
:wo~ b\ Doug Flelmg,
/-:"-~
.{,<,,:".-:~(.I~" PATRICIA HAVERLAND
I:P'*'\.~'
l*; ~1t' NOTARV ~U8L1C
\~\ ~.:'; SteIG of TexBS
'~~_,::.-Icomm. Exp 07.28-2008
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2.IA d 1'-t1 _ _- ,---
'\iolarv Publtc III and for the Sink ofT.:...:;]!'
Ct~R'l1 Fie A TION
Thc onjOllnatloll sublfllttcd w,rh the ::IppilC311on for relmbursemcn(
c(O"ree RCll11burscm<;;nl I~ subJect tO~Ql/tPe h,n" ~;N e
(,'I sufficlCI1Q Clf funds In lhc lir',S tFtilllAI ~1..I"S Tnlsl Fund a..d
(b <!vpmpnate ~ apVTo\lil.l bv the (It'< Coullcil
?~
hJ5 bu.;!) ru Ic'wed and determmed to \)e
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I Exhibit C ]
Page 1 of 1
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I Exhibit 0 ij
Page 1 of 1
COST ESlWATE
OFF-SITE SANITARY SEWER EXTENSION
SARATOGA CENTER LOT 15, BLOCK 1
ITEM
DESCRIPTION
QUAN. QUAN. + UNIT UNIT TOTAL
-~._---- PRICE COST
10%
1~~1 n 11~q LF $88.00 $10,032.00
441 LF $24.20 $1,064.80
t 4.iT TF $8.80 $387.20
40 I --1 ------
1 1 EA $11,660.00 $11,660.00
--c--+ --
1 1 i EA $6,600.00 $6,600.00
---'-4 --- ------.
70 ?!_~ _ LF $440.00 $33,880.00
1 1. LS $14,850.00 $14,850.00
A. SANITARY SEWER IMPROVEMENTS:
-T--112t1 PVC (10'-12' Cut) _ - -
2 ,OSHA Trench Protection
3 I Class '0' Emt>edmenf
_ -~------------- -----
__~_14' Diameter Manhole (10'-12' Dee&
__~_ Tie to Existi Manhole (Inside Drop)
_6___ _ Bori under driveway (12' ~eep) _
7 ,R~~lmprov~ments _@_Offsite
, -----+---
--i- SANITARY 'SEWER SUB-TOTAL:
j- - E"!<3INEERING FEE@7.5%:
-...-------- --_.._-~
$78,474.00
$5,885.55
$84 358.55
CamRett Corp_
710 Buffalo, Suite 510
Corpus Christi, TX 78401
1-361-853-1875
II Exhibit E J
Page 1 of 1
COST ESTIMATE
ON-SITE SANITARY SEWER EXTENSION
l1E~tEstirUti aid~:':~~ 8.rv~-~~ -: I QUAN. I QUAN. + UNIT UNIT TOTAL
---~------_.- + 10% PRICE COST
!
i 011__ service area. -~ - i - ._---~-
,
A. SANITARY SEWER IMPROVEMENTS:
-'12" PVC (10'-12 Cut)----- - ----------------+ -. .---,---- -
1 560 : 616 LF $88.00 $54,208.00
-t-----. -- .---~--- ----------1 ---"
2 I OSHA Trench Protection --d~t 616 LF $12.10 $7,453.60
- -..... ----+-=-:------_._--~~~ -- -----
_ .3 i Class '0' Embedment 616 LF $8.80 $5,420.80
~---_._..__._- --
4 4' Diameter Manhole (10'-12' Deep) 2. 2 , EA $11,660.00 $23,320.00
-I --- -_.~_....- 36 SY $71.50 $2,574.00
5 I Cut and repair Driveway Asphalt i 33 .
- ---l- - --- -- _~!_ LF
6 _lCljrb & ~Utt~ ~~f!Ia~r:n~~t 20 $27.50 $605.00
! ---- -"
--- I Subtotal r - .----t -~- $93,581.40
--'-T-- - - ..L-- 1-
- -- -- "------ ...-- ----- Engineerina Fee ~ 7.5% $7,018.61
TOTAL ESnMATED COST IMPROYMEMENTS: $100,600.01
i---- t I
- -- -~ +---~- -t--- -----------t
. I
lEathnate at depth requi~ to &erv(t_ : I
- i only On-Site facilities. ----.--...-......- ----~1 -.
. - i---
B. SANITARY SEWER IMPROVEMENTS: I
-1 18" PVC (5'-8' Cut) ~._--_.._._.__._...- -==-=:560 J--~=- 616! LF $24.20 $14,907.20
I----~---~_._--- -'616T LF $5.50 $3,388.00
__2_.iClass '0' Embedment ___ 560
---- -~ $3,850.00 $7,700.00
_3 t' l:!.iameter Manhole (5'~' Deep) 2 2 I EA
-------- ---- --.~__l--c__c__
4 Cut and repair Driveway Asphalt 11 36 I LS $71.50 $2,574.00
.._- - ._---~---~--._--- _____n_ $27.50 $302.50
5 ! Curb & Gutter Replacement 10 11 LF
___d. + __ ~~~__~n___ ~ _ ----- -- -.-0---
i
1-- -- j_dn_ --. ---i- Subtotal $28,871.70
___L- i_~_
t [Engineering Fee @7.5% $2,165.38
I--
TOTAL ESnMATED COST IMPROYMEMENTS: $31,037.08
--- - ..---.-.-----------r------~-'-- :
--- - -~
i
~- IRequested reimbursement for over...izelov.r~.pth installation: $69,562.93
~- -- -- L.__... _ _L . __~___
I
-- -_.._~
-- --
- "-----
CamRett Corp
710 Buffalo, Suite 510
Corpus Christi, TX 78401
1-361-853-1875
I Exhibit F ]
Page 1 of 1
SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION
AND REIMBURSEMENT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
This Sanitary Sewer Collection Line Extension Construdion and Reimbursement
Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a
Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469-
9277, and Ford Tex Operating rDeveloper"), of P.O. Box 1377, Taylor, Texas 76574.
WHEREAS, Developer in compliance with the City Platting Ordinance, plans to develop
a tract of land, of approximately 1.521 acres called Saratoga Center, Lot 15, Block 1,
located east of S. Staples Street and south of Saratoga Boulevard, as shown on the
attached Exhibit 1; and
WHEREAS, under the Platting Ordinance, the Developer is responsible for construction
of a Sanitary Sewer Collection Line Extension; and
WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement
of the Developer's costs for the oversized and over-depth portion of the construction of
a Sanitary Sewer Collection line Extension; and
WHEREAS, it is essential that a portion of the Sanitary Sewer Collection Line Extension
be constructed in connection with the development for service to be provided upon
completion of the development; and
WHEREAS, it is to the best interest of the City and the Developer for the oversized and
over -depth Sanitary Sewer Collection Line Extension be constructed in its permanent
sizing and location;
NOW, THEREFORE, for and in consideration of the mutual covenants in this
Agreement, the parties do covenant and agree as follows:
1 REQUIRED CONSTRUCTION
The Developer shall construct the Sanitary Sewer Collection Line Extension needed for
the development in compliance with the City's Platting Ordinance and under the plans
and specifications approved by the City Engineer.
2 PLANS AND SPECIFICATIONS
A. The Developer shall contract with a professional engineer, acceptable to the City's
Director of Engineering Services, to prepare plans and specifications for the offsite and
oversized, over-depth Sanitary Sewer Collection Line Extension, as shown in Exhibit 2,
with the following basic design:
I Exhibit G II
1 of 5
(I) OFFSITE OVER-SIZE, OVER-DEPTH SANITARY SEWER COLLECTION LINE
L Install 104 linear feet of 12-inch PVC collection main.
II. Install 40 linear feet of OSHA Trench Protection.
III. Install 40 linear feet of Class '0' Embedment.
IV. Install one (4) 4-foot diameter manhole (10'-12' deep).
v. Install one (1) tie to existing manhole (inside drop).
VI Install 70 linear feet of boring under existing driveway.
vii. Remove and replace off-site improvements.
(II). ONSITE OVERDEPTH SANITARY SEWER COLLECTION LINE
Install 560 linear feet of 12-inch PVC collection main.
II. Install 560 linear feet of OSHA Trench Protection.
III. Install 560 linear feet of Class '0' Embedment.
IV Install two (2) 4-foot diameter manhole (10'-12' deep).
v. Cut and Repair 33 square yards of Driveway Asphalt.
VI. Replace 20 linear feet of Curb and Gutter.
B. Before the Developer starts construction, the plans and specification for the Sanitary
Sewer Collection line must be approved by the City's Director of Engineering Services.
3. SITE IMPROVEMENTS
Prior to construction of the Sanitary Sewer Collection Line, Developer will acquire and
dedicate to the City any required additional street right-of-way or utility easements.
4. PLATTING FEES
Developer shall pay to the City of Corpus Christi the required acreage fees and pro-rata
fees as required by the Platting Ordinance.
5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS
Developer shall award a contract and complete the Sanitary Sewer Collection Line,
under the approved plans and specifications, by December 30, 2006.
20f5
6. REIMBURSEMENT
a. The City will reimburse the Developer 100% of the reasonable cost, not to exceed
$153,922.48, of the Sanitary Sewer Collection Line within 30 days upon invoicing by the
Developer, if the work has been completed and has been inspected and accepted by
the City
b. The City will reimburse the Developer for expenses incurred for the preparation of
plans and specification and supervision of the construction of the Sanitary Sewer
Collection Line by the professional engineer hired by the Developer. However, the
expenses may not exceed 7.5% of the costs of construction.
7. INDEMNIFICA TlON. Developer shall indemnify and hold harmless the
City, its agents, officers, and employees ("Indemnitees") from all suits,
actions, or claims and from all liability for any and all injuries or damages
sustained by any person, including without limitation workers
compensation, personal injury or death, arising from or incident to this
Sanitary Sewer Collection Line construction.
8. Developer further agrees, in compliance with the City of Corpus Christi Ordinance
No. 17112, to complete, as part of this Agreement, the Disdosure of Ownership
interests form attached as Exhibit 3.
9. This agreement becomes effective and is binding upon and shall inure to the benefit
of the City and Developer, and their respective heirs, successors, and assigns from and
after the date of execution.
30f5
v:)
EXECUTED IN DUPLICATE originals, this
DEVELOPER:
day of
~
,2005.
By:
Ford Tex Operating
THE STATE OF TEXAS
COUNTY OF NUECES
was acknowledged before me on Dee... \ 3-\10...
,2005, by
~J>.f&I!<.\
i*i :*!
\ II
.. .... l"
JUAN REV GUTIERREZ
MY COMMISSION EXPIRES
May 4, m
'\ tAu lJ c.o IJ~
IX
Notary Public, State of Texas
4 of 5
ATTEST:
THE CITY OF CORPUS CHRISTI
By:
George K. Noe
City Manager
Armando Chapa
City Secretary
Approved as to form only
p,~.J~ ~ I 5 ,2005
~J1t4---/
Joseph amey 1
Assistant City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES
This instrument was acknowledged before me on , 2005, by
George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, on behalf of the corporation.
Notary Public, State of Texas
5 of 5
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Page 1 of 1
r=
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the
City to provide the following information. Every question must be answered. If the question is not applicable,
answer with "NA"
FIRM NAME
FordTex Investments, Inc
STREET POBox 1377
76574
FIRM is: 1. Corporation xxxx__ 2 Partnership
5. Other
CITY: TaYlor
...ZIP:
3. Sole Owner
4. Association
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1 State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "finn".
Name Job Title and City Department (if known)
none
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "finn".
Name Title
none
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm".
Name Board, Commission or Committee
none
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or
more of the ownership in the above named "finn".
Name Consultant
none
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to
the City of Corpus Christi, Texas as changes occur.
Certifying Person: Doualas W Frielina, CFO
Title:
j,--i_,j ,.-'
,t~r :, t t
r't-o. SC
Date
12/13/2005
DEFINITIONS
a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas.
b. "Employee" Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but
not as an independent contractor.
c "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations.
d "Official'. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas.
e "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including
when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to
holding or control established through voting trusts, proxies or special terms of venture or partnership
agreements.
"Consultant" Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation.
ORDINANCE
APPROPRIATING AND APPROVING THE TRANSFER OF $800,000
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 SEC. 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, AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City is authorized to appropriate and transfer $800,000 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 Sec. 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.
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 effectiv~administration of City affairs
and (2) suspends the Charter rule that requires consider tion of and voting upon
ordinances at two regular meetings so that this ordinanc is passed and takes effect
upon first reading as an emergency measure on this the oth day of December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form only: ~.I___ {(' ,2005
By:
I~(h
Joseph arney 0
Assistant City Attorney
For City Attorney
Ord-Trnfr-SanSr2.doc
2
Corpus Christi, 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: IIwe, 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
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
Ord-Tmfr-SanSr2.doc
AN ORDINANCE
APPROPRIATING $153,922.48 FROM THE SANITARY SEWER
COLLECTION LINE TRUST FUND NO. 4220-250420 TO PAY
FORD TEX OPERATING, FOR THE INSTALLATION OF 664
LINEAR FEET OVERSIZE, OVERDEPTH 12-INCH PVC
SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE
SANITARY SEWER COLLECTION LINE EXTENSION
CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO
DEVELOP SARATOGA CENTER, LOT 15, BLOCK 1,
(MONTANA MIKE'S STEAKHOUSE); AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $153,922.48 from the Sanitary Sewer Collection Line Trust
Fund No. 4220-250420 is appropriated to pay Ford Tex Operating for the
installation of 664 linear feet of a 12 inch oversize, overdepth PVC sanitary sewer
collection line as specified in the sanitary sewer collection line extension
construction and reimbursement agreement to develop Saratoga Center
Subdivision, Lot 15, Block 1, (Montana Mike's Steakhouse).
SECTION 2. That upon written request of the Mayor or five council members,
copy attached, the City Council (1) finds and declares an emergency due to the
need for immediate action necessary for the efficient and effective administration
of City affairs and (2) suspends the Charter rule that requires consideration of
and voting upon ordinances at two regular meetings so that this ordinance is
passed and shall take effect upon first reading as an emergency this the 20th of
December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved as to form only l)n.J-- I ( , 2005.
By: _
/~ Ih/
Joseph arney C'.l
Assistant City Attorney
For City Attorney
H: \LEG- DIR \Joseph\Ord-appr-StogaCtr I.doc
Corpus Christi, 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: 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 I
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- DIR \Joseph\Ord-appr-StogaCtr I.doc
28
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: December 20, 2005
AGENDA ITEM:
A. Public Hearing to consider an ordinance amending the Zoning Ordinance by
adding Section 26.9 to allow for development of single family dwellings on non-
conforming lots of record.
B. First Reading Ordinance - Amending the Zoning Ordinance by adding Section 26.9
to allow for development of single family dwellings on non-conforming lots of record.
ISSUE:
The Zoning Ordinance does not allow development of lots whose area is less than
4,500 sq. ft. and less than 45 ft. wide. The proposed amendment would allow
development on smaller, non-conforming lots found throughout the City but more
predominant in older, more developed areas of the City.
REQUIRED COUNCIL ACTION:
The passage of the first reading of the ordinance amending the Zoning Ordinance to allow
development on smaller, non-conforming lots of record.
PREVIOUS COUNCIL ACTION:
None
PLANNING COMMISSION RECOMMENDATION (12/14/05):
Approval
FUNDING:
N/A
RECOMMENDATION:
Approval
Mich IN. Gu ning, AICP
Assistant Director of Development Se
Planning
BACKGROUND INFORMATION
Additional Information:
The current zoning regulations specifically restrict residential development on residential
lots smaller than 4,500 sq. ft. and less than 45 ft. wide. A city survey of vacant lots
shows over 3,500 lots remaining vacant and undeveloped, many of which remain in
older sections of the city. Redevelopment of these lots is appropriate for in-fill
development with affordable single-family housing units. However, under the current
regulations these lots remain undevelopable.
As part of a Council request, City staff began looking at several affordable housing
alternatives for many of the citizens who fall below the poverty guidelines and can not
afford to purchase a home in the standard market. These citizens thereby continue a
cycle of rental ownership across many generations.
Studies have shown that the redevelopment and revitalization of an area begins with
increasing homeownership of its residents thereby creating an environment of pride and
self-initiative. The proposed zoning text amendment would allow development on
smaller lots in established neighborhoods thereby becoming a viable source of taxable
property to the City, school districts, and other taxing entities. In addition, it would allow
for the revitalization of some areas of the city that have been the focus of several
successful Neighborhood Improvement Projects in order to continue sustainable focus
and change.
The proposed text amendment is presented with clear direction from planning staff and
outside consultants that small lots are not intended to create the proliferation of row
housing in areas already plagued by hardship. The goal is to keep restrictions in place
for minimum side, front, and rear yard setbacks, while maintaining the viability of the lot
for development. Staff has reviewed several residential architectural plans that would
not only fit nicely on a small lot, but also blend with established homes in its vicinity.
H:IPLN-DIRISHARED\Sylvia ArispelAgenda Items\Small Lot\12.20.05 small lot text.doc
1
AN ORDINANCE
AMENDING THE ZONING ORDINANCE BY ADDING SECTION 26-9,
TO ALLOW FOR DEVELOPMENT OF SINGLE FAMILY DWELLINGS
ON NON-CONFORMING LOTS OF RECORD; PROVIDING FOR
SEVERANCE; AND PROVIDING FOR PUBLICATION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment of the Zoning Ordinance of the City of
Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
December 14, 2005, during a meeting of the Planning Commission, and on Tuesday,
December 20,2005, for the first reading and on Tuesday, January 10, 2006, for the
second reading, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by adding Sec. 26-9, to read as follows:
ARTICLE 26. NONCONFORMING USES
*****
Section 26-9 Nonconfonnina lots of record.
(1) Authority to utilize for single-family residence. In any district in which single-family
detached dwellinas are a permitted use. notwithstandina the reaulations imposed by
any other proyisions of Article 26. a sinale-familv detached dwellina which complies
with the restrictions of this Section may be erected on a non-conforming lot that is not
less than 25 feet in width or more than 45 feet, and which:
(a) Has less than the prescribed minimum lot area. width, or any of them. but not
less than 2,500 square feet and
(b) Is shown by a recorded plat or deed to have been a lot of record owned
separately and individually from adioinina tracts of land at a time when the
creation of a lot of such size and width at such location would not have been
prohibited by any zonina or other ordinance; and
H:\LEG-DIR\JOSEPH\ORD-NONCFG-LOTS-ZNG.DOC
2
(cl Has remained in separate and individual ownership from adioining tracts of
land continuously as of the date of passage of this amending Ordinance.
(2) Regulations for single-family use of non-conforming lots. A non-conforming lot
authorized to be used pursuant to this section may be used for single-family dwellings
and oermitted accessory uses thereto. Construction of such single-family dwellings shall
comoly with all the reaulations (exceot lot area. width) aoolicable to sinale-familv
dwellings in the zonina district in which such lot is located. except that the following
reauirements shall apply in place of the reauirements otherwise applicable:
(a) The dwellings shall be placed on the lots as to provide a yard on each side of
the dwellina:
(b) The sum of the widths of the two side yards on such lots shall not be less
than the smaller of:
1. Twenty-five percent of the width of the lot: or
2. The minimum total for both side yards prescribed by the bulk
regulations of said zoning district: and
(c) No side yard shall be less than three feet.
(d) The single family dwelling and permitted accessory structure shall be no
more than 2 stories or 26 feet in height.
(e) Minimum fifteen (15) foot front yard setback.
* * * * *
SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 2th 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 3. 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 4. That any ordinance or part of any ordinance in conflict with this ordinance
is expressly repealed by this ordinance.
SECTION 5. The City Council intends that every section, paragraph, subdivision,
clause, phrase, word or provision hereof shall be given full force and effect for its
purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance is held invalid or unconstitutional by final judgment of a court
of competent jurisdiction, that judgment shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance.
H :\LEG-DIR\JOSEPH\ORD-NONCFG-LOTS-ZNG.DOC
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
H:\LEG-DIR\JOSEPH\ORD-NONCFG-LOTS-ZNG. DOC
3
4
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of I 2005, by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on
this the day of I 2006, by the following vote:
Henry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
PASSED AND APPROVED, this the
ATTEST:
Armando Chapa
City Secretary
Approved as to form fl,......J......- I (
By:
~l~/
Joseph arney "6
Assistant City Attorney
For City Attorney
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
day of
,2006.
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
,2005
H:\LEG-DIR\lOSEPH\ORD-NONCFG-LOTS-ZNG. DOC
29
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA I rEM
December 20,2005
'3 rJbllC He::nng to onside' amE-:",dmg the'96i Master Plan for Storm Drainage for the Area
South and West 01 the City of Corpus Chnstl to extend Master Channel 27 from Airline Rd.
west to Clmarron Blvd and expand the Master Channel 27 drainage basin to 1137 acres for
a 1 DO-yea: design ana
b Ordinance approving the amendment to the 1961 Master Plan for Storm Drainage for the
Area South and West of the City of Corpus Christi to extend Master Channel 27 from Airline
Rd west to Cimarron Blvd and expand the Master Channel 27 drainage basin to 1137 acres
fnr a 1 CO-year design
ISSUE: The amendment to the 1961 Master Plan for Storm Drainage for the Area South and West
of the City of Corpus Christi by expanding the drainage basin for Master Channel 27 is part of the
City Comprehensive Plan subject to Council approval Staff is recommending that this item be
tabled until ruesday, January 24, 2006, to allow time for coordination with property owners
and developers
RECOMMENDATION: Staff recommends approval of the ordinance as presented.
Attachments'
Exhibit A
Exhibit B'l
Exhibit B2
Exhibit 83
Exhibit 84
Exhibit C 1
Exhibit C2
Exhibit C3
Exhibit C4
Exhibit D
11y, AICP
or of Development Services
Background Information
Mary Carroll Channel Drainage Area
Master Channel 31 Drainage Area
1961 Master Channel 27 Drainage Area
Mary Carroll, Master Channel 31 , 1961 Master Channel 27 Drainage Areas
Proposed Mary Carroll Channel Drainage Area
Proposed Master Channel 31 Drainage Area
Proposed Master Channel 27 Drainage Area with adjacent channels
Proposed Mary Carroll, Master Channel 31, 1961 Master Channel 27 Drainage
Areas
Proposed Master Channel 27 Drainage Area and channel alignment
AGt- 1\IDA MEMORANDUM
l\DDIT10NAL BACKGROUND INFORMATION
SUBJEC f: Amendment to the 1961 Master Plan for Storm Drainage tor the Area South and West
'I ltle (~,;l Ul ,!(,U~ nn;-,tl HACf~ie! .iicififle! \-\i',}
BACKGROUND
The Bond 2004 Street Improvement prOject for Cimarron Blvd, Phase 1, and continued development
In the south side resulted In a need to reassess the drainage outfall capacity in the area,
The two major stonn water channel outfalls draining this area are the Mary Carroll Channel and
Master Channel 31 These channels are limited to 5-year (ditch) and 25-year (structures) stonn
events f""SUltlng It; frequent flooding F:xpansion of the Master Channel 27 Basin is proposed to
accommodate the excess storm water and increased flows from existing adjacent systems and
new developments Master Channel 27 IS designed for a 1DO-year stonn event and will provide
relief to the adjacent drainage areas by Intercepting a significant portion of their stonn water run
iff
~X!stlnge.C!?ins
fhe drainage basins for Mary Carroll Channel (see Exhibit 81) and Master Channel 31 (see Exhibit
82) are contiguous to the existing Master Channel 27 drainage basin (see Exhibit 83), The table
below shows the size of the drainage basins and the stonnwater run off in cubic feet per second
(cfs) generated by each basin
iMary Carroll Channel
Existing Drainage Basin Area Run Off Storm
(acres) i (cfs) Event
_________J _~___~____
2467 i 2374 25 Year
I i
1 14-73 1068 -r25Year
i
_ __-[I 666 r -533 is-Year-
(?~7)
[Master Channel 31
["--- - ------- ----
I Master Channel 27
B. " Proposed Basins
The Master Channel No. 31 drainage basin has experienced substantial development within the past
three years, Continued single famity and mufti family development requires an increase in drainage
outfall capacity, Portions of the Mary Carroll Channel and Master Channel 31 drainage basins will
be rerouted and induded within the proposed Master Channel 27 (see Exhibits C1 and C2). 370
acres from Mary Carroll Channel and 170 acres from Master Channel 31 will be included within the
proposed Master Channel 27 (see Exhibit C3), The resulting reduction in size of both drainage
areas will provide significant relief in the flooding periodically experienced in both of these basins.
EXHIBIT A
fhe proposed Master Channel 27 IS desIgned for a 1 DO-year storm event and will provide the
lddrtionCi)utfalJ 'he 1rle bpk)\ ShO\NS hatr the reduced size of the Mary Carroll Channel
an(j Mas>::;r Cl,anlel 31nage lJaS!ilS,md the reduced runoff generated Conversely, the table
"haws thp incre;:JsP in <;!ze and 'lJfloff for the Master Channel 27 drainage basin A graphic depiction
if it;::: ld~,}ic; IJ .::1, tU-cC'-Jj i L....h.L-1 ~<.....
Propclsed Drainage
Basin
!Mary CRrrol! Channel
l),rea
(acreSI
2097
Run Off Storm
(cfsl Event
2018 125 Year
Master '.har1i+ :: i
345
Year
Master (~hannel 2'
1 ~ 37
1 990 i 1 00 Year
C.,Master CDanlJ~L27
The plop)sed drainage b",sln fA Master Ulannel 27 wIll encompass an area of approximately 1137
acres (see Exhibit D) It Includes approxImately all of the area of the original Master Channel 27
drainage basin plus an additional 540 acres The majority of the additional drainage basin area is
located between Cimarron and Airline Roads The additional drainage basin area is generally
l)Oc.incJec: toY Brigl'.),; "/!lat,6 ::>. bdlv'is: , the vest '3aratoga Rd iSH 357) on the north, Airline Rd.
to the east. and i Ipes Blvd to the south
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AN ORDINANCE
AMENDING THE 1961 MASTER PLAN FOR STORM DRAINAGE FOR
THE AREA SOUTH AND WEST OF THE CITY OF CORPUS CHRISTI,
TEXAS TO EXTEND MASTER CHANNEL 27 FROM AIRLINE RD.
WEST TO CIMARRON BLVD. AND RECONFIGURE MASTER
CHANNEL 27 DRAINAGE BASIN; AND PROVIDING FOR
PUBLICA TION.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the amendment to the Master Sanitary Sewer Plan of the
City of Corpus Christi;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
December 14, 2005, during a meeting of the Planning Commission, and on Tuesday,
December 20, 2005, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the 1961 Master Plan for Storm Drainage for the Area South and
West of the City of Corpus Christi, Texas is amended to extend Master Channel 27 from
Airline Rd. west to Cimarron Blvd. and reconfigure Master Channel 27 Drainage Basin,
by incorporating the attached Exhibit into the Master Plan.
SECTION 2. That the Master Plan for Storm Drainage is an element of the
Comprehensive Plan and the Comprehensive Plan is amended to conform to the
Master Plan for Storm Drainage, as amended by this ordinance.
SECTION 3. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 4. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
H:\LEG-DI R\JOSEPH\ORD-STRMWTRPLN-C H27. DOC
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
Bill Kelly
Brent Chesney
Rex A Kinnison
John E Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
That the foregoing ordinance was read for the second time and passed finally on
this the _. _ day of ___ ,2005, by the following vote
Henry Garrett
Bill Kelly
Brent Chesney
Rex A. Kinnison
John E. Marez
Jesse Noyola
Melody Cooper
Mark Scott
Jerry Garcia
PASSED AND APPROVED, this the
day of
,2005.
ATTEST:
CITY OF CORPUS CHRISTI
.
Armando Chapa
City Secretary
Approved /7~ /1 f.t
By: A~11L
Josep~
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
,2005
H :\LEG-DIR\JOSEPH\ORD-STR MWTR PL N-CH27. DOC
30
CITY COUNCIL
AGENDA MEMORANDUM
December 20,2005
AGENDA ITEM:
A Public hearing to consider and nominate an application to the Office of the
Governor for a 2005 Commercial Revitalization Deduction allocations and
consider the Corpus Christi Commercial Revitalization Local Strategic Plan.
B Resolution nominating the following project to the Office of the Governor for
Renewal Community Commercial Revitalization Deductions:
(1) Corpus Christi Biodiesel LLC to receive an allocation for $3,210,000
from 2005 Commercial Revitalization Deductions for a Biodiesel plant
located on the Corpus Christi ship channel, in census tract 50 on Marvin
Berry Road (Exhibit "an)
C Resolution adopting the Corpus Christi Commercial Revitalization Local
Strategic Plan. (Exhibit Ubn)
ISSUE:
A. As one of forty designated Renewal Communities nationwide, the City of Corpus
Christi can nominate $12 million of Commercial Revitalization Deductions each
year during the designated period. According to the Internal Revenue Service
(IRS), the commercial revitalization agency (eRA) may make the following types
of allocations:
1) An allocation In the year that the project is completed.
2) A binding commitment to make an allocation of a specified dollar amount to a
qualified revitalization building in the calendar year in which the building is
placed in service.
3) A carryover allocation.
The Office of the Governor serves as the Commercial Revitalization Agency
(CRD) and is responsible for certifying allocations nominated by the governing
bodies of the Renewal Communities in Texas.
8 ~ccording to the Community Renewal Act of 2000, local governments and states
who have a federally designated Renewal Community in theIr jUrisdiction are
required to adopt a plan for allocating the Commercial Revitalization Deductions
The attached plan is similar to the plan adopted in 2004 and must be submitted
to the Governor's office by December 31 ,2005. The plan specifies the process
for receiving applications, designates two (2) time periods for submittal of
applications. The new plan removes language specifying amounts to be
allocated to small and large businesses as we are seeking the greatest amount
of flexibility for the use of CRD allocatIons. tExhibit "b")
REQUIRED COUNCIL ACTION: Approve the resolutions as presented.
CONCLUSION AND RECOMMENDATION: City staff recommends approval of the
Corpus Christi Renewal Community Local Strategic Plan and approval of the final
2005 project to be submitted to the Office of the Governor for a 2005 Commercial
Revitalization Deductions allocation.
{}7! mm=
Oscar Martinez
Assistant City Manager
Attachments:
Exhibit "a"
Exhibit "b"
Exhibit "a"
Project Name
Corpus Chi Isti Biodiesel, LLC
Project LocatlOll
Marvin Ben y Road - Port of Corpus Christi
PrOject Census Tract
50
New Jobs Created
19
Total Investment
$15,000,000
Placed in Service
November 2006
Allocation Request
$3,210,000
Summary
Corpus Christi Biodiesel, LLC plans to build and operate a Biodiesel refinery
producing 30 million gallons of pure biodiesel a year. The capital cost for process
technology, civil and site support facilities, and perm its total $15 million dollars. The
applicant is a wholly owned subsidiary of T exCom Resources, Inc., a publicly traded
energy company with headquarters in Houston, Texas and plans to execute a lump
sum turnkey contract for Engineering, Construction and Procurement with Lurgi for
facilities construction and commissioning.
The applicant has entered into a long term lease agreement with the property owner
and is building upon the core competencies of the Corpus Christi Petrochemical
base with an extension into refining environmentally friendly transportation fuels.
Exhibit "b"
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Cih uj CUI pu:o. Cllli:;ll
2004-2005 Renewal (\ltl1l11l111it)
i Commercial Revitali?ation 1 ,ocal Strategic Plan
i I
The Coordinating Responsible Authority (('oRA) tor the Corpus Christi
Cr,mmunih will submit eontact information Ie the Office ufthe Governor.
Renewal
"2) The process for receiving applications is as follows:
a) Public notice inviting applications for commercial revitalization allocations will be
published in the Corpus Christi Caller- Times at a minimum of once a year indicating
deadlines for submitting applications f'Or consideration for Round 1 and Round 2. The
Pubiic NOliCC WIll provide applicanb a minimum of30 days notice of the deadlines to
submit applications.
b) Annual Allocation of $12 million of Commercial Revitalization Deductions to
projects
(i) Round] to be done in January of each year
ll) Round 2
( 1) Commercial Revitalization Deductions unallocated during Round One will
be pooled and allocated to either small or large projects.
c) Application information will be available by contacting the CoRA and via the City of
Corpus Christi's web site.
d) Application.<; will be reviewed for completion and considered only if:
i) The building and its structural components will be replaced in service by the
taxpayer in the Renewal Community and the original use of the building will
begin with the taxpayer or the building will be substantially rehabilitated bay
the tax payer and is placed in service by the taxpayer after the rehabilitation in
the Renewal Community.
ii) The expenditures of the project meet the statutory requirement of the
allowable Commercial Revitalization expenditures.
iii) Request of allocation is less than $10 million,
1\ i I hl applicant I:::' Ili good :;tandmg \\ ith the lcxas Comptroller 01' Public
\CIO\lnJ c; :Hld ! hI' rcxa~ '.\nrkt0rcc ('om mission has confirmed that the
applicant is current on unemployment insurance tax.
e ! hi' ('nl{ i\ \Vili T"('Vlt'\\ the complctC'd applications meeting the requirements in
...;,,'tlon D )1' th!:-i plan and make lel.'l\111mendatioll.'> tJU'lmgh the City f\'1anger. as the
\ () uf illi g\' \,'n ing h"d), to tIt'. [' ; (iul;cil bc;:"cd un till' E)lIo\'\ing \.:rikria.
Il I he prOlcct Wl!l add value tt' 1!lC existmg tax base.
H) The protect proposes to directly or indirectly create or retain permanent thll-
time jobs in Renewal Community.
iii I The project adds residential and commercial square footage in the Renewal
Community.
i\: The applicant has completed the project or has financing in place to complete
the project.
v I Th,' project contrihutes to the City's Area Development Plans!
vi) Th(~ Applicant demonstrates active involvement of residents and nonprofit
groups withm the renewal community,
vii i The project is iocated in a Texas Enterprise zone, Reinvestment Zone, weed
and Seed Area, COBG eligible area, or HUB Zone.
viii) Project is eliminating slum or blight in a particular area within the Renewal
Community.
IX) Project is appropriately zoned.
x) Project will be completed by the end of the second calendar year in which the
allocation is made.
xi) Applicant has sufficient income to take advantage 0 f accelerated depreciation.
xu) Project is a public/private partnership between City of Corpus Christi and
private business.
xiii) Applicant commits to providing information on actual jobs created and
retained as a result of the proposed project
n City Council will review the recommendations made by CoRA through the City
Manager and will consider approval of the applications based on the criteria set above
at a City Council meeting.
g) Within 10 working days following the approval of applications by the City Council,
the CoRA will submit to the Office of the Governor the following documentation:
I i A ~crtification signed by the City Manager as the CEO of the governing oody
h,i' tilt: '~()\l"rninL h)(h ha-.; f()IImwd the pr'li't'duTC" as indicated in this plan
and to the best of his OT her knowledge, each application approved by City
Council is complete and meets the requirements of the commercial
rev ilalization d~duction program.
L) CUP) uJ each application nominated b) the ',-it) council to receive the ClW
:lllo;,;ations, public notice felT the application process. governing body's motion
nominating the project. reasonable explanation for each project being selected
or denied and identifies the criteria set torth above in the explanation.
h \ The RC CoRA will submit Attachment A -- Annual Report to the TOED for each
active project in t heir jurisdiction receiving CRD allocations. The annual reports will
be due NO\ ember ) of each calendar year beginning in 2005 and ending in 2011 or
until allocated projects are completed and eligible to claim the Commercial
Rcvitali?lltion Deduction
RESOLUTION
NOMINATING A PROJECT TO THE OFFICE OF THE GOVERNOR FOR
RENEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTIONS
WHEREAS, the Department of Housing and Urban Development designated the City of
Corpus Christi's Census Tracts 1,3,4,5,7,10,11,13,35, and 50 as a "Renewal
Community" eligible to share in tax incentives to stimulate job growth and promote
economic development;
WHEREAS, the Renewal Community designation provides federal tax incentives to
businesses located in the Renewal Community;
WHEREAS, each Renewal Community may allocate $12 million of Commercial
Revitalization Deductions per year and up to $10 million per project for substantially
rehabilitated or newly construction buildings in the Renewal Community;
WHEREAS, a business can deduct 50 percent of the building in the first year the building
is placed in service or deduct the full amount of eligible expenditures pro rata over 10
years;
WHEREAS, each Renewal Community may make the following types of allocations of the
Commercial Revitalization expenditure amounts-an allocation in the calendar year in
which a qualified revitalization building is placed in service; a binding commitment to make
an allocation of a specified dollar amount to a qualified revitalization building in the
calendar year in which the building is placed in service; and a carryover allocation;
WHEREAS, each Renewal Community must submit to the Office of the Governor a plan
for awarding its $12 million in Commercial Revitalization Deductions ("Allocation Plan");
WHEREAS, on November 16, 2004, the City Council adopted its Allocation Plan, titled
"City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's
Renewal Community Commercial Revitalization Deduction Allocation Program" ("Local
Strategic Plan") to submit to the Office of the Governor; and
WHEREAS, pursuant to its Local Strategic Plan, the City published notice of the
Commercial Revitalization Deduction application process, received applications, and
reviewed applications for compliance with the Local Strategic Plan;
WHEREAS, the City has heretofore nominated twelve projects for allotments totaling
$8,790,000 for 2005 and may nominate additional projects in the amount of $3,210,000 to
complete the $12,000,000 allocation for the current year;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS,
SECTION 1. The following project is approved by the City of Corpus Christi and
nominated for approval by the Office of the Governor to certify the following allocation of
the Commercial Revitalization Deductions totaling $3,210,000:
CRD resolution revitalization 051213
2
Corpus Christi Biodiesel, LLC. (Bio-diesel refinery) to receive an allocation of
$3,210,000 from 2005 Commercial Revitalizations Deductions for a biodiesel plant
located on the Corpus Christi ship channel, in census tract 50 on Marvin Berry
Road.
SECTION 2. The City Manager or his designee is authorized to execute a certification to
the Office of the Governor that the City of Corpus Christi has followed the procedure in its
Allocation Plan, and to the best of his or her knowledge. the application approved in this
Resolution is complete and meets the requirements of the commercial revitalization
deduction program.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved: December 20, 2005
~<<r~l~
(f,a~. Smith
Assistant City Attorney
for City Attorney
CRD Resolution revitalization 051220
(~orpus Christi TAxas
_____ _ of __________ , 2005
The above resolution was passed by the following vote:
Henry Garrett ___
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
CRD Resolution revitalization 051220
3
RESOLUTION
ADOPTING THE CORPUS CHRISTI COMMERCIAL
REVITALIZATION LOCAL STRATEGIC PLAN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Council, as the governing body of the City of Corpus Christi,
adopts the City of Corpus Christi Commercial Revitalization Local Strategic Plan for the
City's Renewal Community Commercial Revitalization Deduction Allocation Program.
The plan is attached to this resolution as Attachment 1. This plan replaces the plan
adopted on November 16, 2004 by Resolution 026040.
SECTION 2. The City Manager is directed to forward a copy of this resolution and the
City of Corpus Christi Commercial Revitalization Local Strategic Plan to the Executive
Director, Texas Department of Economic Development.
ATTEST-
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: December 15. 2005.
By:
~ ~~
a~. Smith
Assistant City Attorney
for City Attorney
Renewal Comtnunity Strategic Plan 051220
}rpu~ C 'lristi, T nxas
of
,2005
The aha\!!; resolution W8S passed by the following vote:
I-lenry Garrett
Brent Chesney
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
Renewal Community Strategic Plan 051220
i\ttachment 1
~
iF E
City of Corpus Christi
2004-2005 Renewal Community
~
\ 11 \ ()
I. OlpU'
h ;"
Cornmerclal Revitalization Local Strategic Plan
i
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I
I
______~J
1 j The Coordinating Responsible Authority (CoRA) for the Corpus Christi Renewal
Community will submit contact information to the Office of the Governor.
2) The process for receiving applications is as follows:
a) Public notice inviting applications for commercial revitalization allocations
will be published in the Corpus Christi Caller-Times at a minimum of once
a year indicating deadlines for submitting applications for consideration for
Round 1 and Round 2 The Public Notice will provide applicants a
minimum of 30 days notice of the deadlines to submit applications.
b) Annual Allocation of $12 million of Commercial Revitalization Deductions
to projects.
(i) Round 1 to be done in January of each year
ii) Round 2
(1) Commercial Revitalization Deductions unallocated during
Round One will be pooled and allocated to either small or large
projects.
c) Application information will be available by contacting the CoRA and via
the City of Corpus Christi's web site.
d) Applications will be reviewed for completion and considered only if:
i) The building and its structural components will be replaced in
service by the taxpayer in the Renewal Community and the original
use of the building will begin with the taxpayer or the building will be
Renewal Comrrunity Strategic Plan 051220
substantially rehabilitated bay the tax payer and is placed in service
by the taxpayer after the rehabilitation in the Renewal Community.
Ii) The expenditures of the project meet the statutory requirement of
the allowable Commercial Revitalization expenditures.
iii) Request of allocation is less than $10 million.
IV I The applicant is In good standing with the Texas Comptroller of
Public Accounts and the Texas Workforce Commission has
confirmed that the applicant is current on unemployment insurance
tax.
e) The CoRA will review the completed applications meeting the
requirements in Section D of this plan and make recommendations
through the City Manger, as the CEO of the governing body, to the City
Council based on the following criteria:
i) The project will add value to the existing tax base.
ii) The project proposes to directly or indirectly create or retain
permanent full-time jobs in Renewal Community.
iii) The project adds residential and commercial square footage in the
Renewal Community.
iv) The applicant has completed the project or has financing in place to
complete the project.
v) The project contributes to the City's Area Development Plans!
vi) The Applicant demonstrates active involvement of residents and
nonprofit groups within the renewal community.
vii) The project is located in a Texas Enterprise zone, Reinvestment
Zone, weed and Seed Area, COBG eligible area, or HUB Zone.
viii) Project is eliminating slum or blight in a particular area within the
Renewal Community.
ix) Project is appropriately zoned.
x) Project will be completed by the end of the second calendar year in
which the allocation is made.
Renewal Community Strategic Plan 051220
XI} Applicant has sufficient Income to take advantage of accelerated
depreciation
xii) Project IS a public/private partnership between City of Corpus
Christi and private business
xiii) Applicant commits to providing information on actual jobs created
and retained as a result of the proposed project.
f) City Council will review the recommendations made by CoRA through the
City Manager and will consider approval of the applications based on the
criteria set above at a City Council meeting.
g) Within 10 working days following the approval of applications by the City
Council, the CoRA will submit to the Office of the Governor the following
documentation:
i) A certification signed by the City Manager as the CEO of the
governing body that the governing body has followed the
procedures as indicated in this plan and to the best of his or her
knowledge, each application approved by City Council is complete
and meets the requirements of the commercial revitalization
deduction program.
ii) Copy of each application nominated by the City council to receive
the CRD allocations. public notice for the application process,
governing body's motion nominating the project. reasonable
explanation for each project being selected or denied and identifies
the criteria set forth above in the explanation.
h) The RC CoRA will submit Attachment A - Annual Report to the TOED for
each active project in t heir jurisdiction receiving CRD allocations. The
annual reports will be due November 1 of each calendar year beginning in
2005 and ending in 2011 or until allocated projects are completed and
eligible to claim the Commercial Revitalization Deduction.
Renewal Community Strategic Plan 051220
( ERTIFIC.\TION
\ i ()i ] [ \~;\>':
( (\1 1\, 1'1 (>I' !\, l Fe'!' "\
I. (,euge l\.. '\oe, ('it\ !'vlanager II! the City of ( orpus ChristL Texas, certify that I was
authorl;:ed to execute nominations tor ('ommercial Redevelopment Deductions by
ResolullUIl i\o u."h33Q ad(lpted un .Il1lv 12, 200S. fur the fulluwing projects:
,\. DRD Recllntcrests, LLC to receive a hll1ding commitment for a 2006
("ommercial Revitalization Deduction allocation for $2.500,000 for a building
lucatcd at 408 ]\, Chaparral.
h, t JUah Investments, Inc. to receive allocation for $810,000 from 2005
Commercial Revitalization Deductions for a building located at IH-37 and
McKenzie Road;
c. Fox Squin-e!. L. P. to recei vc allocation for $350,000 from 2005 Commercial
Revitalization Deductions for a building located at 304 and 306 N. Staples Street;
d. Fox Squirrel, L.P. to receive allocation for $50,000 from 2005 Commercial
Revital1zation Deductinns for a building located at 3709 Seagull A venue
e. Fox Squirrel. L.P. to receive allocation for $150,000 from 2005 Commercial
Revitalization Deductions for a building located at 1324 Mesquite;
f Alma Garcia to receive allocation 01'$90.000 from 2005 Commercial
Revitalization Deduc:tions for a building located at 1312 Leopard;
g. Bill Ward to receive allocation for $125,000 from 2005 Commercial
Revitahzation Deductions tor a building located at 301 S. Tancahua;
h. Mako Communications, LLC, to receive allocation for $480,000 from 2005
Commercial Revitalization Deductions for a building located at 518 Peoples
Street
and that I signed the nomination applications on or about July 29,2005, and would have
dated each the same date as I SIgned them.
George K. Noe
City Manager
Subscribed and sworn to before me. this the
day of December, 2005.
Notarv Public, State of Texas
My commission expires:
31
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Pl8IJ( HEAKI'\(;-/J)!'\L\(. I( 11\ I ,\LIl1CII\,\I\l!11)~llL' l~ 2li \):\1
(a~ ~(j.U05-!.l~-JJARJ)e,~Ilill!!!~llL~!-P: .\ ch,m),!.c' ,1I /unli1),!. i:Ulll 'T-IZ" Farm-Rural to a
'l~-llr' I lne-Lllllllv Ihelllllg IllstriCl. Ihc proper!\ i~ _'2h'X() ~1,:rl'S (jut uf Lot 26 and 27, Sectlun 26.
Flour Biiltl and l'ncmall'a!111 and (Jarelcn Iract: locall'd at Slough Ruad and approximately 3000 feet
t.'''~1 ,d'j.;,)dd h<.'ld Ru~!d
Plannin1! Commission and Staff's Recommendation ( 11/2/05) Approval uf a "R-l B" One-family
Dwellmc: District
Requested Council Action: Apprnva! 01 a "R-] Ii'" ()ne-hlllllly Dwelling Distnct.
Purpose of Request: To ekvclun appw>;1l1lately 109 slllgle f~mll1y residential lots for future residential
development
Summar\":
. The applicant has requested a change 01 zonmg frOlll "F-R" Farm Rural District to a "R-lB" One
Famlly Dwel1l1lg District for the development of a single family subdivision with approximately 109
ITsldc"ntiallots
. North of the subject property IS a dC\e1oped smgle famIly subdivisIOn in the "R-IB" District.
Located to the south of the subject property is vacant property zoned "F-R" Farm Rural District. West
of thc subject property, is zoned "R-l B" One-famlly Dwelling District with a single family
subdIvision under development and a "RE" Distnct developed with one single family residence. East
of the subject property are vacant lots IOned "F -R" dIstrict.
. Accec.s to the proposed property IS prOVIded along Slough Road, an undeveloped collector.
. A proposed subdiVIsion to the west, El Diamante PerdIdo. will also provide access to the subject
property once constructIon is completed. Expected completion date is not known at this time.
. Per the ITE Traffic generatiun manllaL the residential development would generate approximately
1.1)90 a.d.t.
. \Vastcwater and water vonsumptlOn fen the subject property is estimated at 27 ,250 gallons per day for
each utility.
. Solid waste consumption is estimated at 971 lbs/day
Recommendation: Approval 01 the "R-l B" One-famlly Dwelling District.
Applicant's Position: The applIcant concurs with the recommendation.
Notification: Of the eleven (11 ) notices mailed to the surrounding property owners, one (1) was returned
in favor and zero (0) were received m opposition. The 20oA) rule is not invoked. This case is
considered noncontroversial.
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Attachments
i ) /nnlng Rc:pOrl
~) Planning CnlllnltSS1'1l1 rvtll111tes
\) ()rdinanee
H:I' 1..1'. [)t!< SHAR],] j", ,ali \\\!OR[) . \(iL N I I !'vi [\12111):' \u\ember I : ()'I !2MiLND;\\-1 t\10 due
CITY COUNCIL
ZONING REPORT
(ase~(). l i ())-(i':'
Planning Commission Hearing Date: November 2. 2(0)
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Applicant: ]JAR Development. LLP
Owner: JJAR Development, LLP
Agent: RYE. Inc
Legal Description/Location: Bemg 22 .31\6 acres out of Lot 26 and 27, Section 26, Flour Bluff
and Encmal Fam! and Garden Tract; located at Slough Road and approximately 3000 feet east of
Rodd Field Road
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From "F-R" hrm Rural Dlstnct
To:'R-IB" One lamlly Dwellmg Distrll,t
Area 22.386 acres
Purposl' of Request: 1'0 den:lop approxlll1atdy l09 smgle family residential lots for future
residential development
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, Zoning Existing Land
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Site i "F-R" Farm Rural Dlstnct Yacant lots
North' "R-l B" One Family Low density residen
Dwelling District~__ _ --1-----~----- ____~
_South -l"F-R" Farm Rural District i Yac;~!1l..__________
East l "F-R" Farm Rural District~Tvacant
.- West j "R-l B"6ne F~mtly Dwell~;~densitY-~sid~1
District and "RE" RCSlckntial i
_ J Estate Distrlct__ __ _ _J_
Use Future Land Use
Low density residential
tial Low density residential
Low density residential
-.-- Low density residential
1 tial Low density residential
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Area Development Plan: Southside Area Development Plan- The future land use map
recommends a low density resldential use.
Map No. 0420:\ 1
Zoning Violations: None
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· IlK' ~ippllL'anl has Il'qlleskd d c:hangL' uI lUlling frtlll1 "1.1<." Farm Rural District tu a "R-In"
()IIl' i amil\ 1)\\l'lln~ !)I"trkl 1\)1' tl1l' ,k\l'luj1mL'nl Ur~l "lIlgk ramily subdivision \\ith
~IPPII'\IJl1akl\ I ()l) rl"ldellt!~t! lots
· '\(11' 1)!tl1l' ~i1h!l'I' p!upnt\ ~ a dl'\l'IUPl'd 'lI112k I'aml)" ,uhdi\lslon in the '"R-l R" DIstrict.
loclted tu tlll sOUlh or the sllhjl'Ct prOpL'I't\ IS \acant property zoned ''fuR'' Farm Rural
District West of the subject pIllperty. IS IUned "R-I S" One-I~1Il1lIy Dwelling District WIth a
smgle Limdy ..;ubdlvlslon under development and a "RE" District developed with one single
t~llll1ly reSIdence, last of the subject property are vacant lots zoned '"F-R" district.
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'\CCL''';S to the propused pwperty is pro\ldeJ along Slough Road. an undeveloped collector.
A proposed subdl\lslon to the west, El Dlamante Perdido, will also provide access to the
subJcct pIllperty once COlbtrllctJon IS completed, E\.pecteJ completion date is not known at
thIS time,
Per the ITE TI-affic generatIOn manual. the iTsIJential dn'elopment would generate
approxImately l,t)')t) cul.t
. Wastewater and \\Citer consumption for the subject property is estimated at 27,250 gallons
per Jay for each uti lity,
. Sohd waste cunsumptlon IS estimated at 971 Ibs/day,
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r Slough ROOd------
r Yorktown Boule\:ard
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I Rodd Field
15,250 a.d,t
(Airline)
1,270 a,d.t.
(W ooldrid e)
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Type I
Paved Section
Volume
2001
N/A
4,000 a.d.t.
Collector
Arterial
--- -tp~~il~~ary Arteria(
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Undeveloped
100' RO.W. w/24ft.
avement
130' ROW with 79' back to
back
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The property is not platted, A plat is required
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Property along Slough Road is recommended for smgle family development.
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Approval of the "R-lB" One-family Dwe1l1l1g District.
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Number of NotlL:C:'S \1Jtlt'd - --!
Favor - 0
OpposltlOn - 0
(As of October 2' 200~)
Attachment: Zoning Map
i [\P1N.DlR SHAREJ)\(i311\W()RDj()NRI'TS.~()05 1\,1\ elllber\ I t ()~.1J2d,)c"
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F-R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R-1A One Family Dwelling District
R-1B One Family Dwelling District
R-1C One Family Dwelling District
R-TH Townhouse Dwelling District
R-2 Multiple Dwelling District
T.1A Travel Trailer Park District
T.1 B Manufactured Home Park Dis!. SP
T-1C Manufactured Home
Subdivision District
em
Case No. Z1105-02
Notice Map
A-1 Apartment House District
A-1 A Apartment House District
A-2 Apartment House District
AT Apartment-Tourist District
AB Professional Office District
B-1 Neighborhood Business District
B.1A Neighborhood Business District
B.2A Barrier Island Business District
B-2 Baytront Business District
BD Corpus Christi Beach Design Dist.
B.J Business District
B-4 General Business District
B-5 Primary Business District
B-6 Primary Business Core District
1-1
1.2
I-J
Limited Industrial District
Light Industrial District
Heavy Industrial District
Special Permit
Mllr'
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HC Historical-Cultural Landmark
Preservation
Planned Unit Development
25
TRACTS
GIS
Team
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REel'! \R PI \ '\'\Il\'C, CO"'lISSIOl\' MFFTll\'C
('ollucil Chamhers- City Hall
Wednesday '\OH'mh(T 2.2005
h 1 II i 5 -0.:'
JJ!'\R Developmellt LLP "f'-f{ hmll-Rur,li to a "R-ll-f' One-l~1I11lly
1)\~ellmgJ~I~Lrlct __~_____~ u_.
Ikmg .:' ' .3 f;() alTl'~ l Jut of [u! .2h and .2 -'. SeCllon .2G. Flour Bluff and Enc ina 1
Farm and Garden Tract: locakd at Slough Road and approximately 3000 feet east
of Rudd Field RUdel
ivls, Sylvla Carrillo-ArIspe presented this request Ie)!' a rezonmg from a "F-R" Faml-Rural District
to a "R-] B" One-family Dwelling Dlstnct for single family development of approximately (109)
reSidentIal lots. The subject property IS approximately t\\'enty-two acres located at Slough Road, an
unde\e]oped collector road, and Rodel Field Road 1\)011h of the subject property is an undeveloped single
I'anul) sul)di\lsion zoned "1Z-]B"Smglc [amIly DlStI'lc!. Located to the south IS vacant property zoned
'F-R" Farm Rural Distnct. To the south IS a developed "RF District with one smgle family residence.
<\cceS5 to the property IS provided along Slough Road,
Slan recommends approval of thIs rezonmg.
J'ubhc heanng was operwd
1 )arnn Johnston, 7722 Slough Road. Corpus Christi, Texas. Mr. Johnston is the owner of the
;;mgle family reSIdence zoned aRE Dl;;tncl adjoil1lng the subject property. Mr. Johnston thanked the
Staff for making the necessary currectlOn;; on the notice map and realigning hIS "RE" lot to the cOITection
location Mr. Johnson also stated he was favorable to the rezoning and changes to the subject property,
PublIc heanng was closed.
Motion for approval was made by Commissioner Salazar and seconded by Commissioner
Skrobarczyk. Motion passed unanimously with Chairman Stone being absent
II 1'1 ~D' SIL\Rl [}, ,al]'WORli ..\(iH[l\l['\l' 'liW ',"'CCllIhl'! ['i'II.2MlIlules hccrp: doc
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY JJAR DEVELOPMENT, LLP., BY CHANGING THE ZONING MAP IN
REFERENCE TO 22.386 ACRES OUT OF THE FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACT, LOT 26 AND 27, SECTION 26,
FROM "FR" FARM-RURAL DISTRICT TO "R-18" ONE-FAMILY
DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of JJAR Development, LLP. for
amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
October 21,2005, during a meeting of the Planning Commission, and on Tuesday,
December 13, 2005 during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 22.386 acres out of the Flour Bluff and Encinal
Farm and Garden Tract, Lot 26 and 27, Section 26, located along Slough Road and 300
feet east of Rodd Field Road from "FR" Farm Rural District to "R-1 B" One-family
Dwelling District. (Map 042031 )
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\ 11 05-02Reg ular doc
Page 2 of 3
SECTION 5. That all ordinances 01 parts of OIdinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 20th day of December. 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~ J)
/}vL (~
Joseph Hlnney y
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, The City of Corpus Christi
2005
H\LEG-DIR\Joseph\Zoning-05\1105-02Regular.doc
Page 3 of 3
Corpus Christi, Texas
___ day 01_ _____, 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
Jerry Garcia
John E. Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H:\LEG-DIRlJoseph\Zoning-05\ 11 05-02Regular.doc
32
\(;1"'\1);\ !\H~1\10R;\'\1H \1
Case .\0. iI05-U5-Da\id L COlloh: \ ,:)dll~C "I /1I11111~ il\)11 J\~ U" Ullc-LulJIly U\\ellll1g UI~lllcl
10! ''1--1<' Farm Rural Dl~!nCl IIlL' P")lwrtv IS III Il<lllr HIli!"! and I nC111all'arm and Garden Tracts.
i, 111. '(llon --Iii S~l\l' anj ,'\\,'pl -\\h-l je'!,'S 'llpI")),']!\ \d 1\(1 \\ ('!ty 01'( 'urpus ChristL located
al,l[l!, (jklluaK DII\l'. Suull U!lIIC (hu '. llXh.. and ~jPPI"\lll1dll'i\ 1.3:'11 fcet easl 01' Roscher Road.
Plaoniol!. Commission and Staff s Rccommcndation ( 11/ }(J/U5): :\ I)proval () fa "F-R" Farm Rural
DlStn<~t
Requested Council Action: ApprlJ\al \11' II "F-R" Farm Rural District
Purpose of Request: To allow additiOnal accessory and agriculture structures on the existing lot. The
existing lot is currently developed with a smgle-family residence that includes a law office home
uccupatio:
SummarY .
. ApplIcant requesting a cl1ange at ZOl11ng to "FR" Farm-Rural Dlstnct to allow additional accessory
and agriculture structures on the lot. Cunent uses on the lot include a single-family residence with a
law office home occupation.
. Future accessory structures 011 the property include a pool house and agriculture sheds and barns,
Accessory buildings in residential dlstncts. other than the Farm Rural District. cannot exceed fifty
(50) percent of the floor area of the main building. The existing single-family residence consists of
2,964 square feet. Future accessory buildings on the subject property could not exceed 1,482 square
feet in the eXlstmg "R-l B" Dlstnct.
. [he subject property consists of 5.36 acres and IS zoned a "R-IB" One-family Dwelling District, The
"R-IB" District requires a mmimum lot area of6.000 square feet and permits 7.26 units per acres or
38 gross units on the subject propertv
. A change of zoning to a "FR" District would minimIze the number of units allowed on the subject
property. The minimum lot area pem1itted in the "FR" District is five (5) acres allowing one (I) unit
on the subject property.
. The subject property is within an area that is identified to develop as single-family, per the Flour
Bluff Area Development Plan. The requested "FR" Farm Rural District accomplishes the goal of the
Plan hy allowmg a large lot smgle-family use.
Recommendation: Denial of "1.3" Heavy Industnal D!strlct, 111 heu 01, approval of a Special Permit
subject to a site plan, and approval of the Zonmg Board of Adjustment and yearly inspections by the FIre
Marshall
Applicant's Position: The applicant IS 10 agreement WIth recommendation.
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ase \0 11"',0<; I [);j\lc1 ,. (uno'
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~otitlcation: Of the eight (b) notlce~ malled to the sUlTollnJl1lg property owners, one (I) was returned 111
:';1 V01 i\!,dlTO (11) 1\ ',,'I\.' IlT\.' :cd I I '!,]1, H \;,,, 111:-- Ilk I h' .!l'~1 The 2W~';, ru It' is not invoked. This case
is not considered controver~ia1.
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\11\.'h~1e1 N (funnmg. :\ICP I
\~~I~Ll1l' I )Ir\.',tilr ill' I k\clupmenl SCr\'ICCS
\1GFCM gp
<\ttachments:
I ) Zoning Report
2) Planning CommIssion Mmutes
j, Ordinance
I i\PiN-DIR\, IIARLD'(Jail'WORD\i\ iEND\1 L\1' 21J("'", Cl11bcr-.1 I ()'
II if''.IJMvl iMO ,'ue
CITY COUNCIL
ZONING REPORT
( 'asl' ~o, I 1115 -I)';;
Plannill~ Commission Hearing Dale, \Ll\cmbl'l 1(1, ..:()U5
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I Applicant: Da\ld Z. Cot1oh
I Owner: Same as applicant
i Agent: Same as appllcanl
Property Area: Flour Rluff and Encinal Fam1 and Garden Tracts, Lot 20, Section 40,
save and except 5,364 acres of prope11y of RO,W, City of Corpus Christi, located along
Glenoak Drive, south of the Oso Creek, and approximately 1,350 feet east of Roscher
Road,
I
From: "R-IB" One-family Dwelling District
To:'FR Farm-Rural Dlstnct
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~ Area: 5 364 acres
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0::: Purpose of Request: To allow additional accessory and agriculture structures on the
ell
.s existing lot The existing lot is currently developed with a single-family residence that
~ includes a law office home occupation.
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Future Land Use
Low-density residential
c)~: f~~-= ~~e---fa~ilY ~;~~tt:}a~~~ ~~::dence
I Dwelling District
,.-+- -..---- --...------.
North i "R -1 B" One- family Agriculture
I Dwelling District __
. South "RE" Residential Estates Agriculture
District
East "R -1 B" One- family Agriculture
I ~welli,~g District ,
West I' R-l B One-famIly Agriculture
_____l.Dwelling District
Low-density residential
Low-density residential
Low-density residential
Low-density residential
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Area Development Plan: Flour Bluff- The adopted future land use map recommends that the
area develop with a low-density residential development
Map: 038030
Zoning Violations: None
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:lL:cc"~on ;lIld agrl', tlltl11L' '"riiLltlre'" Ill! I ( liiT"II! \l~l'~ '111 tl1(' IOl1l1clude a s1I1gk-LIl1l11\
~.t'~,1\i(;nt.'\.~ \\-11 J td"j'il'l' h{'1~11l' th_'l'tlp;11! '
· Fllt\lll' aCl'essury strllclllrl'~ 011 the pmper!\ lI1c1ude d poul huuse and agnculture sheds and
harIl~ Ael't'ss!)l) IJdddlllgs 111 residential citstncls, other than the Faml Rural District, cannot
exceed finy (:'0) plTcent of the nom area uC the main building, The existing single-family
reSIdence con~lsts of 2,964 square teel I ulure accessory bUlldmgs on the subject property
could not excl'Cd I 482 ~quare feet ITl 1llL' e\:lstl11g "R-I B" DIstrict.
· The subject property consIsts of 5,36 acres and ]s zoned a "R-I B" One-family Dwelling
Dlstnct. The "R-I H" District requIres ;1 IlllTlll1lUI1l lut ared or 6,000 square feet and permits
-',26 Jl1llS JKJ Jcre' or ,;..: ;,!/,(h' units (IJl lh" 'lIhll'L'! prupnt~
A change of zoning to a "FR" District would mmimize the number of units allowed on the
subject property, The ml11lmul1llot area permitted in the '"FR" District is five (5) acres
a!lo\\ l11g une !. I ) UIi It L'n the ,ubJect pruplT1~
The subject property ]s within an area that IS Identified to develop as single-family, per the
Flour Bluff Area Developmenl Plan, Thl' requested "FR" Farm Rural District accomplishes
the goal orthe Plan by allowmg a large 101'imgle-famtly Lise,
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Volume
2001
18' Not available
--I Rural ~:;ecior 170' :a~e:secti=
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Glenoak Drive
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[he Flour Bluff Area Development Plan's adopted future land use map recommends that the area
develop with a low-density residential development. The requested "FR" District achieves the
recommendation of the Plan,
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OppOSition 0
(As of i'.:ovember 14, 20()) \
A.ttachment: Zoning Map
II\f'I.NDW,IIARl:IJ\( i.1I!\WORD./ONRI'IS-':'(l(lS'NOI'cl1lher\II05.11'i(( RFPORl doc
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01 NOV05/HK
F-R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R-1A One Family Dwelling District
R-1 B One Family Dwelling District
R-1C One Family Dwelling District
R-TH Townhouse Dwelling District
R-2 Multiple Dwelling District
T -1A Travel Trailer Park District
T-1B Manufactured Home Park Dist.
T-1C Manufactured Home
Subdivision District
R-1B I
!
SUBJECT
/ PARCEL
Case Z11 05-05
Notice Map
A-1 Apartment House District
A-1A Apartment House District
A-2 Apartment House District
AT Apartment-Tourist District
AB Professional Office District
1-1 Limited Industrial District
1.2 Light Industrial District
1-3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
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B-1 Neighborhood Business District
B.1A Neighborhood Business District
B-2A Barrier Island Business District
B.2 Baytront Business District
BD Corpus Christi Beach Design Dist.
B.3 Business District
B.4 General Business District
B.5 Primary Business District
B.6 Primary Business Core District
GIS
....Team
DB .
.
NORTH
HC Historical-Cultural landmark
Preservation
o 200 400 800
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VII:"! rES
RF<;n \R PI \:\'\'1:'\(; CO!\l'\lISSIO'\' !\lFFTI'\'C
(oundl Chamhers- City Hall
Wednesday - '\'0\ ember 16.2005
a 110.'-0'"
David / l 'onol~R-1 H" Unl:-1ctllllh Uwellmg UlSlrlCllU a "F-R"
Ian ilj\..UILlLI)li.IILci _.._______
Flour Bluff and [ncma! Farm & I iardcn Tracts Lot 20. Section 40. save and
except 5,64 acres of property 01 R.O W. ('Ity of Corpus Chnsti, located along
GleJ\oak Dr1\"\.". Soutn of the Oso Creek. and approximately 1,350 feet east of
Ros..::her Road
Faryce Goode-Macon revIewed the subject property WhICh is north of Glenoak Drive. A
powerpomt presentatIOn of the subject property was shO\vn and the tape IS on file.
1\1s (roode- Vlacun .;ta\c'd IlK' appllcan! l' rcquestll1g tnh rczonmg to provide expanded
accessory buildings on the property. In the "R-) B" One-family Dwelling District, 50% may be
used for main structures. The buildings square footage IS based on the peripheral structures
sLjuare footage. Accessory structures may not C\ceed 5 o "/l) of the principal structures square
fuotage. HIS reSidence lS approximately 2,9()..f "quare feet calculation or 1, 482 square feet for
accessory buildings The "F-R" Distnct does not lImit the square footage of accessory buildings
d'ic to the large acreage reqUired 011he distncl\s h1s propert) meets the five acre minimum
requirement for a "F-R" !'arm Rural Distnct. tl1i'. zonll1g wlll meet his needs for additional
Improvements.
Statlrecommends approval of the rczonmg to a "F-R" Farm Rural District.
Public heanng was opened
\:11 David Conoly. 1930 Glenoak Dnve. Corpus Christi. TX 78418. Mr. Conoly stated
that he was available to answer questions and appreciated the Commission's consideration.
Public heanng was closed.
T\'lotion for approval was made by Commissioner Salazar and seconded by Commissioner
Martinez Motion passed unanimously with Commissioners Pusley and Zamora being absent,
II !)I.~. DW SH;\I-tI'!l(,aJlWORll \(iFf\llI'v1JI'v1}liiJ" N"vcllll1cr!
(:1~\,1 inulcs F'\cel1Jt-,:jnc
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY DAVID Z. CONOLY, BY CHANGING THE ZONING MAP IN
REFERENCE TO FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, LOT 20 SECTION 40, SAVE AND EXCEPT 5.364 ACRES OF
PROPERTY OF RO.W., CITY OF CORPUS CHRISTI, FROM "R-1B"
ONE-FAMIL Y DWELLING DISTRICT TO "F-R" FARM-RURAL
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 David Z. Conoly for amendment to the
City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 16,2005, during a meeting of the Planning Commission, and on Tuesday,
December 20, 2005 during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on Flour Bluff and Encinal Farm and Garden Tracts,
Lot 20, Section 40, save and except 5.364 acres of property of RO.W., City of Corpus
Christi, located along Glenoak Drive, south of the Oso Creek, and approximately 1,350
feet east of Roscher Road, from "R-1 B" One-family Dwelling District to "F-R" Farm-Rural
District. (Map 038030)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:\LEG-DIRIJoseohlZoning-05\ 11 05-05Regular.doc
r'age L 01 j
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 conforrn to the Zoninq Ordinance. as amended by this ordinance.
SECTION 5" That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 20th day of December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
---- ---_._~_._-_..-.-
Armando Chapa
City Secretary
Henry Garrett
Mayor, The City of Corpus Christi
APPROVED (),~ .~
~(
~' ~
Joseph arney \)
Assistant City Attorney
For City Attorney
I ~_ 2005
H:\LEG-DIR\Joseph\Zoning-05\1105-05Regular.doc
Page 3 of 3
C>xpUS ':h"stl Texas
d'1V )f
;100:
ro THE MEMBERS OF THE (:ITY COUNCIL
C:orpLls (~h"sti 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.
Respectfuliv
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
William Kelly
Rex Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H'\LEG-DIR\.loseph\Zoning-05\ 11 05-05Regular.doc
33
AGENDA MEMORANDUM
PUBLIC HEARING - ZONING (City CouncIl ActIOn Date: 12/20/05)
Case No. l105-06-0rion Drilline Comoany: A change of zoning from "1-2" Light Industrial
District to an "1-3" Heavy Industrial District. The property is .0024 acre out of 6.40 acres out of
Roblex Industrial Area, Lot 21, Block 6, located north of Bates Drive and east of Flato Road.
Planninl! Commission and Staff's Recommendation (11/16/05): Denial of"I-3" Heavy Industrial
District and in lieu thereof, approval of an "1-2 Light Industrial District with a Special Permit subject to
approval from Zoning Board of Adjustment and yearly inspections by the Fire Marshall.
Requested Council Action: Denial of "1-3" Heavy Industrial District and in lieu thereof, approval of
an "1-2 Light Industrial District with a Special Permit subject to approval from Zoning Board of
Adjustment and yearly inspections by the Fire MarshalL
Purpose of Request: Above ground fuel tank.
Summary:
. Applicant is requesting a change of zoning to an "1-3" Heavy Industrial District for the development
of an above ground fuel tank with an estimated capacity of 2,000 gallons. The tank will be used for
the storage of petroleum fuel
. The subject property including the overall site IS currently developed as a oil drilling company,
primarily used for the storage of equipment and vehicles.
. The West Side Area Development Plan Future Land Use Map recommends the property area retain
its "1-2" Light Industrial District classification.
. The proposed fuel storage tank is not an allowed use in the "1-2" Light Industrial District.
. The requested "1-3" District lists above ground fuel tanks as the storage of flammable liquids. Such
use is classified as an ObjectIOnable Uses that may be located withm an "1-3" District after approval
from the Zoning Board of Adjustment and the Fire Marshall. A Special Permit in lieu of an "1-3"
could accommodate an above ground fuel storage tank.
. If an "1-3" District or special permit is approved, the location and installation of the fuel tank on the
site is subject to meeting state and local fire code requirements and approval of the Zoning Board of
Adjustment as an objectionable use.
. Access for the subject property is proposed through Flato Road and Bates Drive, rural collectors.
Recommendation: Denial of"I-3" Heavy Industrial District, in heu of, approval ofa Special Permit
subject to a site plan, and approval of the Zoning Board of Adjustment and yearly inspections by the Fire
Marshall
AppUcant's Position: The applicant is in agreement with recommendation.
Agenda Memorandum
Case No 1105-06 (Orion Drilling Company)
Page 2
Notification: Of the four (4) notIces mailed to the surrounding property owners, two (2) were returned in
favor and zero (0) were received in opposition inside the area. The 20% rule is not invoked. This case
is not considered controversial.
M~'L~P ~
Assistant Director of Development Services
MG/FGM/gp
Attachments:
I ) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H :\PLN-DIR\SHARED\Gall\WORD\AGENDMEM\2005\November\ [1 05-06 AGENDAMEMO .doc
CITY COUNCIL
ZONING REPORT
Case No. 1105-06
Planning Commission Hearing Date: November 16, 2005
\ Applicant: Orion Drilling Company
~ g i Owner: Wayne Squires
~ -; i.1 Agent: David De La Cruz
~ ~'6 i Property Area: Being .0024 acre out of 6.40 acres of Roblex Industrial Area. Lot 21,
~.J ~ I Block 6, located north of Bates Drive and east of Flato Road
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Zoning Existing Land Use Future Land Use
r Site "1-2" Light Industrial Drilling Company Light Industrial
, District
North "1-2" Light Industrial Manufacturing industrial Light Industrial
, District uses
South "R-l B" One- family Agriculture land Low-density residential
Dwelling District
i East I "1-2" Light Industrial Agriculture land Light Industrial
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! West "1-2" Light Industrial Agriculture land Light Industrial
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Area Development Plan: Westside- The future land use map supports light industrial
uses on the subject property. A change of zoning to an "1-3" District on the site constitutes a
small area of the entire business and is acceptable for the above ground fuel tank.
Map: 051042
Zoning Violations: None
Zonmg Report
Case No. 1105-06 (Orion Drillmg Company)
Page 2
· ApplIcant is requesting a change of zoning to an "1-3" Heavy Industrial District for the
development of an above ground fuel tank with an estimated capacity of 2,000 gallons. The
tank will be llsed for the storage of petroleum fuel
· The subject property mcluding the overall site is currently developed as a oil drilling
company, primarily used for the storage of equipment and vehicles.
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The West Side Area Development Plan Future Land Use Map recommends the property area
retain its "1-2" Light Industrial District classification.
The proposed fuel storage tank is not an allowed use in the "1-2" Light Industrial District.
The requested "1-3" District lists above ground fuel tanks as the storage of flammable liquids.
Such use is classified as an Objectionable Uses that may be located within an "1-3" District
after approval from the Zoning Board of Adjustment and the Fire Marshall. A Special Permit
in lieu of an "1-3" could accommodate an above ground fuel storage tank.
. If an "1-3" DIstrict or special permit is approved, the location and installation of the fuel tank
on the site is subject to meeting state and local fire code requirements and approval of the
Zomng Board of Adjustment as an objectionable use.
. Access for the subject property is proposed through Flato Road and Bates Drive, rural
collectors.
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~ Street Type Paved Section Volume
2001
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~ Flato Road Rural Collector 64' R.O.W. wi 24' Not available
.... avement
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Zomng Report
Case No. 1105-06 (Orion Drilling Company)
Page 3
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. Above ground fuel tanks requIre an "1-3" District and further approval by the Zoning Board
of Adjustment as an objectionable use.
. The proposed "1-3" DIstrict would allow for an above ground fuel tank on a small portion of
the entire busmess site. however would leave an area near a residential district susceptible to
other incompatible uses.
. A Special Permit, III lieu of the "1-3" Heavy Industrial District, on the pad site per the site
plan and metes and bounds description would accommodate the accessory use of storage
tanks as requested by the applicant without unnecessarily creating an opportunities for other
incompatible uses.
. The applIcant notified staff that that a pre-submission meeting with the Fire Marshall
occurred to identify an acceptable location for the proposed tank.
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Denial of "1-3" Heavy Industrial District, in lieu of, approval of a Special Permit subject to a site
plan, and approval of the Zoning Board of Adjustment and yearly inspections by the Fire
Marshall.
Denial of "1-3" Heavy Industrial District, in lieu of, approval of a Special Permit subject to a site
plan, and approval of the Zoning Board of Adjustment and yearly inspections by the Fire
Marshall.
I Number of Notices Mailed - 4
Favor - 0
t Opposition - 0
i (As of November 11,2005)
Attachments: Zoning Map
Site Plan
H \PLN-DIR\SHARED\(iail\WORD ZONRPTS\2005\November\I I05-06CCREPORTdoc
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R-TH Townhouse Dwelling District
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VI LLAGE
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Case Z11 05-06
Notice Map
A-1 Apartment House District
A-1A Apartment House District
A-2 Apartment House District
AT Apartment-Tourist District
AB Professional Office District
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1-2 Light Industrial District
1-3 Heavy Industrial District
SP Special Permit
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B-1 Neighborhood Business District
B-1A Neighborhood Business District
B-2A Barrier Island Business District
B-2 Bayfront Business District
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B-4 General Business District
B-5 Primary Business District
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - November 16, 2005
a. 1105-06
Orion Drillmg Company: "1-2" Light Industrial District to an "1-3" Heavy Industrial
DistrIct_ ____
Being 0024 acre out of 6.40 acres out of Roblex Industrial Area, Lot 21, Block 6, located
north of Bates Dnve and east of Flato Road.
Faryce Goode-Macon revIewed the request. A Power Point presentation of the subject property
was shown and the tape is on file.
The zoning request to an "1-3" Heavy Industrial District is located on FIato Road. The request is
for an above fuel tank that will hold approximately 2,000 gallons of petroleum fuel and requires an "1-3"
District because it is considered it is an objectional use. Approval is also required by the Zoning Board of
Adjustment and yearly inspections by the Fire Marshall.
The fuel tank will be located on a pad site consistmg of .0024 of an acre and Staff is recommending
approval of an "1-2/SP" Light Industrial District with a Special Permit in view of the small area of land to be
used.
In answer to Commissioner Braselton's question, Ms. Goode-Macon stated that the applicant was
agreeable to the "1-2" District with a Special Permit.
In answer to Commissioner Huerta's question, Ms. Goode-Macon stated that the tanks are
inspected and monitored by the Fire Marshall on a yearly basis.
Public heanng was opened.
David De La Cruz, representative of Orion Drilling, 604 Flato Rd., Corpus Christi, Texas. The
applicant stated that a Special Permit would be acceptable.
Public heanng was closed.
Motion for approval for an "1-2" District with a Special Permit was made by Commissioner
Braselton and seconded by Commissioner Huerta subject to a site plan, approval by the Zoning Board of
Adjustment and yearly inspections by the Fire Marshall. Motion passed unanimously with
CommISSIOners Pusley and Zamora being absent.
H:\PLN-DIR SHARED\Uail\ WORD\AGENDMEM\1005\November\11 05-06Minutes Excerpt.doc
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY THE
ORION DRILLING COMPANY, BY CHANGING THE ZONING MAP IN
REFERENCE TO .0024 ACRE OF 6.40 ACRES OF ROBLEX
INDUSTRIAL AREA, LOT 21, BLOCK 6, (CURRENTLY ZONED "1-2"
LIGHT INDUSTRIAL DISTRICT) BY GRANTING A SPECIAL PERMIT
FOR A 2,000 GALLON ABOVE GROUND FUEL TANK, SUBJECT TO
TWO (2) CONDITIONS AND A SITE PLAN; 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 Orion Drilling Company for amendment
to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 16, 2005, during a meeting of the Planning Commission, and on Tuesday,
December 20,2005, during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi. during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
publiC health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by granting a Special Permit for a 2,000 gallon above ground fuel tank,
subject to two (2) conditions and a site plan (currently zoned "1-2" Light Industrial
District), on .0024 acre of 6.40 acres of Roblex Industrial Area, Lot 21, Block 6, located
north of Bates Drive and east of Flato Road, as shown on the attached Exhibit.
(051042)
SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject
to two (2) conditions and a site plan as Exhibit A
1 USES: One (1) 2,000 gallon above ground fuel tank shall be permitted on the
subject property in the "1-2" Light Industrial District with a Special Permit.
2. TIME LIMIT: This Special Permit shall be deemed to have expired within two (2)
years from the date of this ordinance unless the property is being used as
outlined in condition #1 and in compliance with all other conditions and City rules
and regulations.
HILEG-DIRlJoseph\Zonmg-05111 05-06SPECIALPERMIT doc
Page 2 of 3
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
Immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 20th day of December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED IJ<- .. -<r/- 1(,
Josep(~ (Jo
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, The City of Corpus Christi
2005
H\LEG-DIR\Joseph\Zoning-05\1105-06SPECIALPERMIT doc
Page 3 of 3
Corpus Christi, 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. IIwe, 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
William Kelly
Rex A. Kinnison
John E. Marez
Jesse Noyola
Mark Scott
H"\LEG-DIRIJosephlZonmg-05\ 11 05-06SPEC IALPERMIT. doc
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STATE OF TEXAS
cOUNTY OF NUECES
FIELD NOTE DESCRIPTION FOR A 6.08 FEET x 17.08 FEET STORAGE TANK OUT OF A 6.40
ACRE TRACT, KNOWN AS LOT 21, BLOCK 6, ROBLEX INDUSTRIAL AREA, RECORDED iN
VOLUME 45, PAGE 53, MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE
P AR"fICULARL Y DESCRlBED BY METES AND BOUNDS AS FOLLOWS;
COMMENCING AT 5/8" IRON ROD FOUND AT TIlE NORTHWEST CORNER OF SAID LOT 2],
BLOCK 6. ROBLEX INDUSTRIAL AREA AND ON THE EAST RlOHT -OF-WAY LINE OF FLA TO
ROAD;
THENCE N 90QOO'OO"E, A DJST ANCE OF 563.39 FEET TO A 5/8" IRON ROD SET ALONG THE
NORTH BOUNDARY LINE OF SAID LOT 21, BLOCK 6 ROBLEX INDUSTRIAL AREA;
THENCE S OOQOO'OO"E, A DISTANCE OF 19.46 FEET TO A 5/8" IRON ROD SET FOR THE
NORTHEAST CORNER OF THIS TRACT AND POINT OF BEGINNlNG;
THENCE S OOOOO'OO"E, A DISTANCE OF 6.08 FEET TO A 5/8" IRON ROD SET FOR TIffi
SOUTHEAST CORNER OF THIS TRACT;
THENCE S 90000'OO"W, A DISTANCE OF 17.08 FEET TO A 5/8" IRON ROD SET FOR 1BE
SOUTHWEST CORNER OF THIS TRACT;
THENCE N OO"OO'OO"W, A DISTANCE OF 6.08 FEET TO A 5/8" IRON ROD SET FOR TIlE
NORTHWEST CORNER OF TInS TRACT:
THENCE N 90000'OO''E, A DISTANCE OF 17.08 FEET TO A 5/8" IRON ROD SET FOR THE
NORTIffiAST CORNER OF THIS TRACT AND POINT OF BEGINNING.
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Case ~o. 1105-07-Arriba De,elopmcnt: "\ change uf mnll1g from "1\-113" One-famtly Dwelling
DIStflct III a "B--f' General BusIness DIslrll'! rhc pruperty IS a \acan! lract of land located north of L p
1{)','Cl Road and lnlerstate .,7 at lhe llltelSl'ltlun uf Session Road.
Plaunin1!. Commission's Recolllmcndation: Appro\al of tl1l' .ronll1g change from "R-I B" One
Familv fhvelling Distnct to "B-4" General Business District.
Staff's Recommendation (11/2/05): Demal of the "B-4" General Business District, and in lieu
thereof, approval of a "B-1" Neighborhood Busmess District.
Requested Council Action: Approval of a "B-4" General Business District.
Purpose of Request: No inCormation has been provided about the future development of the property.
Summary :
. Request: The applicant has requested a zoning change from "R-IB" One Family Dwelling District to
a "B--+" General Business Distnet for marketing and development of a commercial business facility.
N<, spt~cifie plans are available.
. Existing and Future Land l'se: The subject property 1S at the nortlnvest comer of Sessions Road
and Up River Road. Up River Road at thIS 10cal1on is also the frontage road for IH-37. The property
is vacant with existing low density residential uses to the west and vacant land on the north and east
sides The Future Land Use Plan designates this property for commercial uses along the highway
frontage with low density land uses located to the north and behind the commercial uses.
. Transportation: The south property line of the subject property contains 384 feet of frontage along
Up RI ver Road/frontage road Along Sessions Road. a local street. the subject property contains 276
feet 0 f frontage
. The property is located approximately 1,000 feet from the beginning of the exit ramp off of
111-37
. T'\.DOT has mdicated that the intersection of a local street (Sessions Road) and the frontage road
and a driveway from the subject property in proxImity could create a traffic safety issue. TxDOT
has indicated that a driveway from the subject property may be possible ifthe driveway is located
at the extreme western edge of the subject property. A final determination on driveway location
\\ ill be made when the property IS proposed for platting.
. Traffic counts along this sechon ofInterstate - 37 and Up River Road are 61,170 ADT (Average
Daily Tnps) and 4,580 ADT, respectively.
. lJtilities: A water connection is available to the site and a wastewater connection is
approximately 300 feet to the north on Sessions Road.
. Zoning History: 1 here have been two zoning cases approved in proximity to the subject
property during the last ten years.
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· Appro:\ll11alely'SU teet cIS! llllne ~llblect property along lp !{iyer Road, the property was
" '(llle',. I" i 'H ,-f' is!!!, ,,1 '\Ii\ l' ,,\In Ii ] qq'" rl)! ,I 11!1l'-,llllLlflc husiness to senT tl1,,'
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. !\nnro:\II11Llteh I AOI) fcc! \\<'st (llthl' subJcct propL'rt\ along Up River Road, the property was
r '(ltl,'d It, I "H--I" \\,!tb S11I",'I' I 1'l'1'1l1it Oil hl1'l' "70(),~ The Special Permit was for warehousc
,1 'd Ilnllkd ,)utdoor <;\ori!lll' lISt'''
<omprehensin Plan and l.and lsl' (ompatibilit~: jllC l'ommL'rclal land use 1S conslstent WIth the
Future L1!IJ I :,1.' I'bn \mcc sulhtal1tlLlI amounts of 10\\ denSIty reSidential zonmg backs up to the
subJeu property, a '1eighbortJooJ im:--ItlCS:-- dlstnct \\ouIJ be an approprmte buffer to any future single-
i'amll) de elopn1L'nt The C)rpll' Christi PoliCY Statements indicate that major commercial uses and
lon1l1g sh'luld be located at the lI1ter:--ect!on of two arterIal streets, The subject property is located
between the two major arterIal mtersectlODS of McKenZie Road and Violet Road, This mid-block lot is
110t an optimum location for general commercIal zoning, The Northwest Area Development Plan also
mdlcatcs that this 1-37 cOlTldor j:-- a pnman entrance to the city and a dcsignated scenic corridor.
AppUcant's Position: rhe .lpplkanl concur-; With the Plann1l1g (ommISSlon's recommendation
~otification: () II hl' n Illl' i Ii) nol (l', 111ill b 11 u the ~IJlTOl1nJlllg property owners, zero (0) \vere returned
1ll favor and zero (0) were rccel\cd 111 OppOSition Illslde the area. The 200;(, rule is not invoked. This
case is considered controversial.
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Michael N, Gunning, AICP
Assi stant Director of Development Services
MG/FGM/gp
Attachments:
] ) Zoning Report
2) P1 anning Commission M 1I1utes ( 1 1 16/05)
~ ) Ordinance
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CITY COUNCIL
ZONING REPORT
Case "io \ 10"-'\
City ('ouncil Hearing Date: I )ecemher ~(). 2005
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Applicant AlTlba De\eloplllent
Owner .\rriba Development
Agent: <.. oym. Rehmel. & GUlIClTc'/ Engll1eenng. Inc.
Legal Description/Location Being 2.5 acres out of B S & F Survey 419. Abstract 570.
Nucces County. Texas. located along the north side of II-! 37. at the intersection or
Sessions Road.
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From: "R-l B" One-Family Dwelling DIstrict
To: "B-4" (Jeneral Busll1ess District
Area: 2.5 acres
Purpose of Request: No lI1formation has been provHled about the future development of the
property.
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Zoning
Site "--r-'R_IB" ()ne Famtly'--
Dwellin District
North "R- IB" One Family
. I Dwelling District
South "R-IB" One FamIly
. Dwelling District
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East . "R-IB" One Familv
! Dwelling District
-W~;-t"R-1B" One Familv
! Dwelling District .
Existing Land Use
Vacant
Future Land Use
Commercial
Vacant
Residential
IH-37 R.O.W.
Transportation R.O.W.
Commercial
Vacant
~w Density Residential
Commercial
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· Rt.'quest: Ihe appl!c'<Inl h<l~ 1"':ljllested !1/()nll1~ change 1"')111 "R.-l B" One Family Dwellll1g
District to a "B-4" (Jeneral Business DIStrIct for marketl11!! and development of a commercIal
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. Existing and Flltllrt.' I.alld (,,,: Ihl' ,;till"l'j pml'"Tl\ i' at tl1L' nurthwcst corner llfSesslllns
RUdll amil 'p Rl\l' Rl'dd \ Rl\el R\I.\,I JI IhlS 1""'~\IIUl IS also Ill.: rrontage road I'lli' Ill-.~~
i It;. I'cupl'n) .., \,i, .!lI' \\ l.\ \ 'Img Il'\- J"i"ll~, 1'.'<ll-:l1'I.IIII>es [<1 tlk' 1\l'St 11l1d lell'llnt Lllld
1n t 11l1nhnd '.'1.[ .ilk, 1'll' Fl\tUll' I J'ill I 'Sl' I'bl1,ksignates thIS property for
'o1rlmercai lhes lll()n~, II1\' hl~ll\\a\ fIUldll>!\.' \\1\11 U\\ dl'nsl1y lund lIses located to the north
and b.:hllld the: COI'1l11lTl'l,tllhl'.....
. fransportation: I he south property Ime of the subject property contains 384 feet of
frontage along Up RI \ IT Road rrontagc road. Along Sessions Road. a local street. the subject
property contall1s:76 feet of frontage
. The property I.., located approxlmatel\ 1.000 feet from the beginning of the exit ramp off
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frontage road and a dn veway from the subject property in proximity could create a traffic
safety issue. 1xOOT has mdicated that a driveway from the subject property may be
[)ossiblc Jthe driwway !~ located at the extreme western edge of the subject property A
Imal determll1atlon on dmeway locatIon WIll be made when the property is proposed for
[,lattmg.
. Traffic counts along thiS section of Interstate -37 and Up River Road are 61,170 AOT
(Average Daily Trips) and 4,580 AOT. respectively.
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. l Ttilities: A water connection is available to the site and a wastewater connection is
approximately 30n feet to the north on Sessions Road.
. Zoning History: There have been two zoning cases approved in proximity to the subject
property dunng the last ten years.
. Approximately 350 feet east of the subject property along Up River Road, the property
was rezoned to a "B-4" district on November 11, 1997 for a mini-storage business to
serve the abuttmg multi-family and nearby single-family uses,
. Approximately 1,400 feet west of the subject property along Up River Road, the property
was rezoned to a "B-4" WIth a SpeCial Permit on June 8, 2004. The Special Permit was
tor warehouse and lImited outdoor storage uses.
Comprehensive Plan and Land Use Compatibility: l'he commercia] land use ]s consistent
with the Future Land Use Plan Smce substanllal amounts of low density reSidential zomng
backs up to the subject property. a neighborhood business dlstrict would be an appropriate butler
to any future single-family development. The Corpus Christl Policy Statements indicate that
major commercial uses and zoning should be located at the intersection of two arterial streets.
The subject property i~ located between the two major arterial intersections of McKenzie Road
and VlOlet Road, This mid-block lot is not an optimum location for general commercial zoning.
I'he Northwest Area Development Plan also mdlcates that th15 1..37 corridor is a primary entrance
to the e'tv and a designated scemc corridor
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A plat IS reqUIred before buddmg permIts can be Issued,
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. Where general commercial zoning abuts an eXlstmg or future low density residential area
the coma.ercwl uo.es \\dl negative" Impact the residential area,
. lratlic Impacb could be greater \\1\h a "B-4" Cieneral Business use as apposed to a "B-1 ,.
NeIghborhood Busll1ess use, Traffic generatIon from the property and close proximity to
II1\:' Session Road l11tcrsecllon and I-J: otframp could create a traffic safety issue,
. I'he :::.5 acre s1\e h appropriate for neighborhood business uses,
. "B-4" zoning should be reserved for commercial sites of a larger size at major
ll1tersectlOns tl) create commul1lty or regional commercial developments and, to allow
space for butTering ncxt to surroundmg low density resident131 areas.
. rhe "B-1" district allows a wide variety of commercial uses but offers protection to the
neighborhood by not allowing certain Impactive uses such as bars, auto repair shops, etc.
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OppOSltIun: 0
(As of November 10, 2005)
A.ttachmcnt: Aerial Photo
Zoning Map
Site Plan
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F-R Farm Rural DIstrict
RE Residential Estate Distnct
RA One Family Dwelling District
R-1A One Family Dwelling District
R-1 B One Family Dwelling District
R.1C One Family Dwelling District
R-TH Townhouse Dwelling District
R-2 Multiple Dwelling District
T1A Travel Trailer Park District
T 1 B Manufactured Home Park Dist
T.1C Manufactured Home
Subdivision District
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Case Z11 05-07
Notice Map
A-1 Apartment House District
,:l,.1A Apartment House District
".2 Apartment House District
AT Apartment- Tourist District
AB Professional Office District
1-1 Limited Industrial District
1-2 Light Industrial District
1.3 Heavy Industrial District
)P Special Permit
DUD Planned Unit Development
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B-1 Neighborhood Business District
B-1A Neighborhood Business District
B-2A Barrier Island Business District
B-2 Baytront Business District
BD Corpus Christi Beach Design Dist.
B-3 Business District
B-4 General Business District
B-5 Primary Business District
B-6 Primary Business Core District
GIS
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HC Historical-Cultural Landmark
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LEGAL DESCRIPTION
FIELD NOTES to describe the boundary of a 2.5 acre tract of land
being a portion of a 14.68 acre tract of land described in deed to
the Bas-O-Moore Limited Partnership as recorded in Document
#2000025066, Official Records, Nueces County, Texas and being
out of the B,S. & F Survey 419, Abstract 570, Nueces County,
Texas.
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5656 South Stn~les, Suite 230
Cor us Christi, T exns 7B411
& G Pho~e (361) 991-B550 Fnx 993-7569
eMnlli crg@crgel.coM
DATE: 10/14/2005
JOS':9766C-l
SHDT 1 OF 1
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RF(;n \R 1'1 \ 'I'" 'Ie CO'I "ISSIO'i "FFTI'iC
(ountil Chamhcr!\- ('ity Hall
\\ednt'sday '\0\ emher 1 (I. ~005
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:\lIlha I lC\cloplllelll. I ], R- i H t. il1cldlllll\ I l\\L'ii!ll~ UiSlIK[ to a '"13-4" General
BL~sJJless DIstnQ _______
Being 1.5 acres (lut of B.S. 8: F. Survey -119, Ahstract :'\70. Nueces County. Texas.
l,)(.lkd at the 11011h\\ est ll1lel'secllon ur Interstate :,'" frt\l1tage road and Sessions Road,
l>an McGinn descnhed the subJect property \\ Ith a Power Poml presentatIon shown and the tape
IS on file
I'"lr McGInn stated that thlss a request for a "H--f' Cleneral 811~ll1eSS District. Access to the
subject pruperty would be i)-om 1-.37 and lp RIver Road Ihc land use map mdIcates commercIal uses for
this area. Staffrecommends denIal of the "8-4" Genera] Busmess DIstrIct and belIeve that a "B-1"
Nelghborhood Busmess District would be more appropnate with adjacent residential uses in the area and
1-3'" bein>! desi[D1ated as a scel1lc COrrIdor ]t IS noted that \\'ithin 3 "8--1" distnct. there IS unlimited
~Ignage,
II ans\\er [n ChaIrll:an Stonl:'s ljUL','lon. \11 \lL( lll1ll sTclled th.lt future plans for the development
\s not known at thIS time
Public he3rmg was opem'd.
VIctor Gutierrez, representative for Arriba Development Mr. Gutierrez is with Coym, Rehmet and
Gutierrez. 5656 S. Staples #230, Corpus Christi, Texas. Mr. Gutierrez stated that Arriba Development owns
the property and an adjacent piece of property on the north side. There is an on-ramp and off-ramp for easy
access to the property. There is a nine acre development to the north of Sessions Road by the name of
Northridge estates, The subject property is attempting to get rezoned for marketing the property. A definite
plan for development has not been decided upon. The owner chooses not to limit the development uses and
IS an advocate of Improvmg the neighborhood development The owner anticipates the property being sold
m a relatJvely short amount of time
1\11'. Ramirez. 3401 S, Alameda, Corpus Christl. Texas. We do not want to limit the marketability
of the property. We are aware ofa cemetery to be developed m the area, We believe the property will
lend itself to a hotel or restaurant
Joe RansIer, 1515 Caribbean, Corpus Christl, Texas. My property is located across the street
from the ,ubject property WIth approximately 3.5 acres with a "R-l 8"smgle family zonmg. We do not
oppose the "B-4" rezoning and don'l want to limit the marketabtlity or the property,
Jason RamIrez, 520 I Inverness, Corpus Chnstl. Texas Mr RamIrez stated we Just want to
mcrease the marketability of the property
Mr. Gutierrez stated that he met with the Texas Highway Department to review any access
restrictions for this area. The on-ramp, off-ramp would be limited to one driveway similar to the Moore
Plaza area.
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY ARRIBA DEVELOPMENT BY CHANGING THE ZONING MAP IN
REFERENCE TO 2.5 ACRES OUT OF B.S. & F. SURVEY 419,
ABSTRACT 570, NUECES COUNTY, FROM "R-1 B" ONE FAMILY
DWELLING DISTRICT TO "B-4" GENERAL 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 Arriba Development for amendment to
the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 16, 2005, during a meeting of the Planning Commission, and on Tuesday,
December 20, 2005 during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi. during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 2,5 acres out of B. S. & F. Survey 419, Abstract
570, Nueces County, Texas, located along the north side of Interstate 37, at the
intersection of Sessions Road from "R-1 B" One Family Dwelling District to "B-4" General
Business District. (Map 061050)
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\JosephlZoning-05\1105-07 alternate B-4.doc
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances In conflict with this ordinance
are hereby expressly repealed
SECTION 6. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 20th day of December, 2005
ATTEST:
THE CITY OF CORPUS CHRISTI
- ~._--_._..._------ ~-_._--_._-_.-
Armando Chapa
City Secretary
Henry Garrett
Mayor, The City of Corpus Christi
APPROVED __li~",-t-- ,L_2005
ita 1 IL
Joseph arney ~
Assistant City Attorney
For City Attorney
H\LEG-DIR\JosephlZoning-05\1105-07 alternate BAdoe
Page 3 of 3
Corpus Christi. Texas
ria\! of 200>.)
__ __.__M.._"" ~_.'._...~.'- ___'_'_"__
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.
R espectfu lIy,
Respectfully,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
HIlEG-D!R\.IosephlZoning-051110507 alternate B.4.doc
35
AGENDA MEMORANDlJM
PUBLIC HEARING - ZONING (City CouncIl ActIOn Date: l2l20/0S)
Case No. l105-01-First Familv Church of Corpus Christi: A change of zoning from "R-IB" One-
family Dwelling District to an "1-2" Light Industrial District. The property is 6.76 acres out of Block
1, Lot 1, First FamIly Church Tract, located north of Up River Road, south of Interstate Highway 37,
350 feet east of Carbon Plant Road and 3,100 feet west of Rand Morgan Road.
Plannin2 Commission (11/2/05): DeOlal of the "1-2" Light Industrial District.
Staff's Recommendation (11/2/05): DeOlal of the "1-2" Light lndustnal Dlstnct and in lieu thereof,
approval of a "B- I A" Neighborhood Business District.
Requested Council Action: Denial of the "1-2" Light Industrial District and in lieu thereof, approval
of a "B-1 A" Neighborhood Business District.
Purpose of Request: Vehicle impound and auction yard.
Summarv :
. Applicant requesting a change of zoning from "R-lB" One-family Dwelling District to an
"1-2" Light-Industrial District on a 6.76 acre tract. The purpose of the request is to establish a
vehicle impound and auction yard use on the subject property.
. The development plans for the subject property include an office/warehouse not to exceed
6,500 square feet in area, installation of outdoor lighting and a parking lot, placement of a
chain link security fence around the perimeter of the property, signage as permitted
(unlimited as to area and height in "1-2" District when out of the front setback) and
landscaping.
. The applicant expects to employ 2 to 4 employees that would work during unspecified
"normal business hours." Operable seized vehicles (cars, trucks and tractor trailers) would be
brought to this location and stored in the warehouse and parking lot area. Stored vehicles
would be sold on the subject property during an auction held quarterly on a weekday.
. Access for the subject property IS provided along I.H. 37 frontage road and the eastbound on-
ramp, east of Carbon Plant Road. The secondary access pomt is along Up River Road, a
collector that serves the Rolling Acres Subdivision to the south. The subdivision is developed
with single-family residential homes from Up River Road southwardly to Leopard Street.
. The Northwest Area Development Plan recommends multi-family and commercial uses along
this section ofI.R. 37. Such recommended uses are more desirable to the adjoining "R-IB"
Districts to the south and east and west. Industrial uses are not supported in proximity to
residential development.
Recommendation: Denial of the "1-2" Light Industrial District and in lieu thereof, approval of a "B-1 A"
Neighborhood Business District.
"'genda Memorandum
Case No. 1105-01 (First Family Church of Corpus Chnsti)
Page 2
Applicant's Position: The applicant is m agreement of the ;;B-IA" Neighborhood Business District
rezonmg
Notification: Of the seventeen ( 17) notIces mailed to the surroundmg property owners, zero (0) were
returned m favor and seven (7) were received m opposItIOn Inside the area and seven (7) received outsH.k
the notification area which brought the opposition to 12.95%. The applicant has met WIth the Tuloso
Midway Independent School District and the neighborhood since the Planning Commission meeting and
are In agreement to the rezoning ofa "B-IA" Neighborhood Business District. The 20% rule is not
invoked. This case is considered controversial.
~1dtr411
Michael N. Gunning, AICP
Assistant Director of Development Services
MGIf'GM/gp
Attachments:
1 ) Zoning Report
2) Planning Commission Minutes
3) Ordinance
H:\PLN.D1B SHARED\Gail\WORD'A.GEN DMFM\200SNovember\ll C!5.() 1 2A(,ENDAMEMOdoc
CITY COUNCIL
ZONING REPORT
Case No. 1105-01
Planning Commission Hearing Date: November 2,2005
Applicant: First Family Church of Corpus Christi
Owner: Same as applicant
-
~ Agent: Cravey Real Estate Services, Inc.
~ S Prospective Purchaser: Rod Robertson Enterprises - Houston, San Antonio, Laredo,
atJ a EI Paso and Gregory, Texas
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.~ ~ Property Area: Being 6.76 acres out of Block 1, Lot I, First Family Church Tract,
-:::~
c: located north of Up River Road, south of Interstate Highway 37, 350 feet east of Carbon
~ Plant Road and 3,100 feet west of Rand Morgan Road.
From: "R-IB" One-family Dwelling District
-
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6- To: "1-2" Light Industrial District
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~ Purpose of Request: Vehicle impound and auction yard
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Zoning Existing Land Use Future Land Use
Site "R -1 B" One- family Undeveloped Multi-family and general
: Dwelling District commercial
-
I North Out of City Limits Undeveloped Multi-family and general
(O.c.L.) (across LH. 37) commercial
i South "R-IB"One-family Single- family residences Low-density residential
, I Dwelling District
. East I "R-IB" One-family Undeveloped Multi-family and general
Dwelling District commercial
i West "R-l B" One- family Undeveloped Multi-family and general
I Dwelling District commercial
atJ ~ Area Development Plan: Northwest Area - The requested "1-2" District is inconsistent
~ S with the adopted Plan. The future land use map recommends the area to develop with a
~'-; range of development from apartments to commercial uses.
;.; ] Map: 059049/060049
~;, Zoning Violations: None
Zonmg Report
Case No ! 105-01 (FIrSt Family Church of Corpus Christi)
Page 2
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· Applicant requesting a change of zoning from "R-IB" One-family Dwelling
District to an "I -2" Light- Industrial District on a 6.76 acre tract. The purpose
of the request is to establish a vehicle impound and auction yard use on the
subject property.
· The development plans for the subject property include an office/warehouse
not to exceed 6,500 square feet in area, installation of outdoor lighting and a
parkmg lot, placement of a chain link security fence around the perimeter of
the property. signage as permitted (unlimited as to area and height in "1-2"
District when out of the front setback) and landscaping.
The applicant expects to employ 2 to 4 employees that would work during
unspecified "normal business hours." Operable seized vehicles (cars, trucks
and tractor trailers) would be brought to this location and stored in the
warehouse and parking lot area. Stored vehicles would be sold on the subject
property during an auction held quarterly on a weekday.
Access for the subject property is provided along I.H. 37 frontage road and
the eastbound on-ramp, east of Carbon Plant Road. The secondary access
point is along Up River Road, a collector that serves the Rolling Acres
Subdivision to the south. The subdivision is developed with single-family
residential homes from Up River Road southwardly to Leopard Street.
· The Northwest Area Development Plan recommends multi-family and general
commercial uses along this section of l.H. 37. Such recommended uses are
more desirable to the adjoining "R-I B" Districts to the south and east and
west Industrial uses are not supported in proximity to residential
development.
Paved Section
Volume
2001
61,170a.d.t.
----,_.-
Street I Type
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rCarbon Plant Road-1 Collector
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. I.H. 37
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40' R.O.W. wi 18' Bk. to
Bk. paved section
Planned: 60' R.O.W. w/40'
Bk. to Bk. avement
60' R.O.W. wi 40' Bk. to
Bk. paved section
i Planned: 60' R.O.W. w/40'
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Zomng Report
Case No. 1105-01 (First Family Church of Corpus Christi)
Page 3
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I property to the east and west \vas denied by the Planning Commission for the
I development of apartments, a convenience store and mini-storage uses. Upon action of
I
i the Planning Commission, the applicant withdrew the case. The case received 270~J
I opposition at the Planning Commission level.
Denial of the "1-2" Light Industrial District.
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a'5 I Favor 0
a CJ I Opposition 3
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Attachment: Vicinity Map
Zoning Map
Photos of EI Paso, Texas facility
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MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday - November 2, 2005
a 1105-01
Flfst Family Church of Corpus Christi, Inc,: "R-1 B" One-family Dwelling District to an
'1:2" Light Industrial District
Bemg 6,76 acres out of Block 1, Lot 1, First Family Church Tract, located north of Up River
Road, south of Interstate Highway 37,350 feet east of Carbon Plant Road and 3,100 feet west of
Rand Morgan Road.
Faryce Goode-Macon stated this proposed request is for a rezoning from a "R-IB" One-family
Dwelling District to an "1-2" Light Industrial District. The subject property is located north ofI-37 and
south of Upper River Road. To the east, is Carbon Plant Road and to the west is McKenzie Road. The
subject tract consists of 6.76 acres.
The applicant is requesting rezoning for development of a vehicle impound and auction yard
along with an office and warehouse structure not to exceed 6,500 square feet. The applicant is proposmg
outdoor lighting whIch will be shielded from the neighborhood, a parking lot, along with a chain link
fence surrounding the perimeter of the property. In the "1-2" District, slgnage would be unlImited once
placed behmd the 20 foot front setback. The business IS proposed as having 2-4 employees and will open
between the hours of 8:00 a.m. to 5:00 p.m.. Monday through Friday.
The land use map currently calls for general commercial zoning in this area. In view that the land
use map does not support an "1-2" zoning, Staff does not recommend the request at this time.
In answer to Commissioner's Salazar. Ms. Goode-Macon stated that an "1-3" District is needed
for a salvage yard.
In answer to Commissioner Pus ley 's questions, Mr. Gunning stated that there were no restrictions
as to the hours of operation. Mr. Gunning stated this area is the corridor area into the City.
There were 17 notices maIled with six (6) received in opposition bringing the opposition
percentage to 9.06% along with a letter from the superintendent of Tulosa-Midway ISD stating their
opposition
Commissioner Skrobarczyk stated that with the Joe Fulton corridor, you will have increased
acceptability of this area with possible restaurants and a potential for better visual Impact for entry to the
l'ity
Public heanng was opened.
John Smith, Pastor of First Family Church. He stated that the Church purchased the (10) acres on
1-37 in 2000. We would like to sell six (6) of the total acres and the development of this request. The
Church representatives spoke to the buyer and in favor of this rezoning. The proposed use will provide a
good buffer to the residential area and accessible to the future Joe Fulton corridor.
Commissioner Pusley stated that there is the pOSSIbility that the proposed purchaser could sell the
property and another type of busmess could locate there that might not be agreeable to the Church.
PlannIng CommISSion MInutes
Case No 11!l5-01 (Flrst famlly Church of Corpus Christi)
Page 2
Rod Robertson of Rod Robertson Enterprises stated that he had similar types of businesses in
other locatIOns. It IS not a salvage yard but an impound lot for seized vehIcles. We have been In business
for (20) years On 1-37, this use makes a natural buffer to the corridor and should be attractive to the
reSIdents. It is our mtention to have a contract for five (5) years wIth the U.S. Marshall's office and I
envlsion being at thiS location for at least 5-10 years.
in answer to Mr. Zamora s question, access to thiS property would exit Carbon Plant Road and
travel do\vn Up River Road. Traffic for the proposed use would generate approximately 50 transactions
per month The gates would be locked with a sign-in log with proper Identification needed.
In answer to CommIssioner Martinez, the auctIOns are held on site every 3-4 months.
In answer to CommIssioner Pusley's question, when the officer makes a seizure and it is after
)'00 pm the vehicle is picked up the next morning and taken to the lot during hours of operation.
Robert Creglow, 9863 Daisy, Corpus Christi, Texas. There are eighteen (18) wheelers attempting
to make turns on Carbon Plant Road currently. TxDot's design to the Joe Fulton corridor would have to
mclude a tlyover. A new elementary school was recently built in the area and the school buses have to
pull ofT on the side of the road when faced with oncoming traffic There is no actual shoulder available.
Edgar Sandoval, River Square Complex. Our agency is an agency offering non-profit affordable
housing. Mr. Sandoval stated that this tract of land could be used for other uses does not agree with the
reZOning As far as access, Up RIver Road is the only access. All this traffic will utilize Carbon Plant
Road and Up River Road. Plans are scheduled in late 2008 to have (50) acres set aside for a veterans
designated cemetery that will accommodate 52,000 veterans on the north side oflH37.
Edith Cosgrove, 9871 Daisy Dnve, Corpus Christi, Texas. Mrs. Cosgrove stated her opposition
to the development of a vehicle impound yard. Mrs. Cosgrove stated that Up River Road is a very narrow
road and this will only increase traffic.
Pat Crawford, 9815 Daisy Drive, Corpus Chnsti. Texas. Mr. Crawford stated that this was not a
good image for the entrance to Corpus ChrIsti.
Steve Crice, 10017 Up River Road. Mr. Crice stated the project was located directly in
front of hIs office and felt it would lower his property values.
Kenneth Cotten, Cravey Real Estate. Mr. Cotten stated that in the past, Staff and Planning
Commission recommended an "A-I" District or townhouses. In his opinion, this area is too close to the
interstate for apartments or single family residences. There are no curb cuts available along the access
road
Dr. Gonzalez, Tulosa Midway School District. Dr. Gonzalez stated rezoning ofthe property to an
"1-2" District would be detrimental to the area. The subject property is located approximately Y2 mile
from the new primary school. The school district believes the proposed use would be a negative impact
for our children.
A $20,000,000 bond was issued to move our schools away from the industry. We do not want industrial
uses around our schools and children. Rezoning the property to an "1-2" District would bring increased
traffic onto Up River Road The school district wants to support business uses compatible to our
commumty.
Planrnll" C,'mmISSIOIl \ll11ute:i
Case No I' (j)-O I (First Family Church Ill' Corpu\ Clms!l)
Page :;
Mr. Kronke, COrpus Chnsti, Texas. Mr. Kronke stated that he was the former owner of the
subject property. He tried to rezone the property to an "A-I" District and a "B-4" District in the 90's, but
was denied by the Plannmg Commission and City CouncIl. There was not any community support for the
request eJther
Public heanng was closed.
Commissioner Pus ley stated that he has known Mr. Cotten for several years and has also served
on the Tulosa-Midway school board. Commissioner Pus1ey further stated that he did not feel a
recommendation for an "1-2" District could be supported
During the meetmg, a petition was submitted bringing the opposition to 12.95% against the
rezonmg.
After review and discussIOn, motIOn for denial of an "1-2" Dlstnct was made by Commissioner
Pusley and seconded by Commissioner Zamora. Motion for denial was unanimous with Chairman Stone
being absent.
H:\PLN-DIRSHARED\Gail\WORD\AGENfJMEM\2005\Novemberl I J 05-0 I Minutes Excerptdoc
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY FIRST FAMILY CHURCH OF CORPUS CHRISTI BY CHANGING
THE ZONING MAP IN REFERENCE TO 6.76 ACRES OUT OF BLOCK
1, LOT 1, FIRST FAMILY CHURCH TRACT, FROM "R-1B" ONE-
FAMilY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL
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 First Family Church of Corpus Christi
for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map;
WHEREAS, with proper notice to the public, public hearings were held on Wednesday,
November 2, 2005, during a meeting of the Planning Commission, and on Tuesday,
December 20, 2005 during a meeting of the City Council, in the Council Chambers, at
City Hall, in the City of Corpus Christi, during which all interested persons were allowed
to appear and be heard; and
WHEREAS, the City Council has determined that this amendment would best serve
public health, necessity, and convenience and the general welfare of the City of Corpus
Christi and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is
amended by changing the zoning on 6.76 acres out of Block 1, Lot 1, First Family
Church Tract, located south of Interstate Highway 37, 350 feet east of Carbon Plant
Road, and 3,100 feet west of Rand Morgan Road, from "R-1 B" One-family Dwelling
District to "1-2" Light Industrial District. (069049 & 059049)
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\ 1105-01 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 the City of Corpus Christi.
SECTION 7. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule as to consideration and voting upon ordinances at
two regular meetings so that this ordinance is passed upon first reading as an
emergency measure on this 20th day of December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED ~.J.,y 1(,
~~ IJ /
Joseph ~arney ~
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, The City of Corpus Christi
2005
H:\LEG-DIRUosephlZoning-05\11 05-01 Regular.doc
Page 3 of 3
Corpus Christi. 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. Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfu lIy,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Jerry Garcia
John E. Marez
William Kelly
Jesse Noyola
Rex Kinnison
Melody Cooper
Mark Scott
H:\LEG-DIR\JosephlZoning-05\ 1105-01 Regular.doc
36
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation on the results of the 2005 festival by Bayfest organizers.
STAFF PRESENTER(S):
Name
Title/Position
Department
1.
2.
3.
OUTSIDE PRESENTER(S):
Name
Title/Position
Organization
1. Barbara Milfelt
2. Duncan Sarno
General CoChair
Board President
Bayfest
Bayfest
ISSUE: Organizers of Bayfest will present a report on the 2005 festival.
BACKGROUND: 2002, 2003, and 2004 produced lower than anticipated
revenues for Bayfest, primarily due to weather conditions, leaving the
organization in a less than desirable financial condition after Bayfest 2004. With
the support of numerous sponsors and supporters, the 2005 event was a success
and has placed the 2006 event in a much better financial position.
REQUIRED COUNCIL ACTION: None.
ent Head Signature)
Additional Background
Exhibits
37
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Update on Memorial Coliseum Proposed Re-Use and Rehabilitation.
STAFF PRESENTER(S):
.-JIame
1. Oscar Martinez
2.
3.
Title/Position
Assistant City Manager
Department
Administrative Services
,:;:w /? ;;?a:t-
Oscar Martinez
Assistant City Manager
Additional Background
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38
ORDINANCE
REPEALING ORDINANCE 026526 WHICH AMENDED THE CODE OF
ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10,
BEACHFRONT MANAGEMENT AND CONSTRUCTION, REGARDING
THE ELIMINATION OF VEHICULAR TRAFFIC ON THE BEACH
SEAWARD OF THE PADRE ISLAND SEAWALL, THE DIRECTION OF
TRAVEL BETWEEN WHITECAP BOULEVARD AND PADRE BALLI
PARK; ESTABLISHING A PEDESTRIAN SAFE AREA; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That Ordinance 026526, passed on October 18, 2005, which
amended the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront
Management and Construction, regarding the elimination of vehicular traffic on the
beach seaward of the Padre Island Seawall, the direction of travel between Whitecap
Boulevard and Padre Balli Park, and establishing a pedestrian safe area, is hereby
repealed.
SECTION 2. That upon written request of the Mayor or five Council members,
copy attached, to find and declare an emergency due to the need for the efficient and
effective administration of City affairs, such finding of an emergency is made and
declared requiring suspension of the Charter rule as to consideration and voting upon
ordinances at three regular meetings so that this ordinance is passed and shall take
effect upon first reading as emergency measure this the 20th day of December, 2005.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED: December 15, 2005
l:i~~~JMri~ .
City Attorney
Corpuc: Christi Texas
_ _ _ Day of __________' 2005
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause ot 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
39
AGENDA MEMORANDllM
RECOMMENDATION: Motion approving a recycling service contract with Dolphin Recycling,
( urpus ,lmslL I ~lI.as l(ll the lI11ake ami processing ufresidential recyclable materials in accordance
with Request t()r Proposal No. BI-OI40-0S, based on only proposal received for an estimated annual
!-c'venul' d t'S5-t__, x 1.20. lhe terms 0 rth~ contract shall be fl.)!' five years with an option to extend the
contract tor ur 1(\ three ;lddit!nnal five vear periods suhject to the approval of the supplier and the
City Manager or his designee
*************;:**************************************************************
BACKGROUND:
Purpose:
Dolphin Recycling will be responsible for the intake, processing,
marketing, and selling of approximately 3,000 tons of separated
(multiple stream) recyclable commodities consisting of aluminum cans,
newspaper, tin cans and plastic. The contractor will also be
responsible for collecting recyclable commodities from the City's three
drop-o ff sites and implementing a comprehensive in house recycling
program f()r any City department's requesting such service.
The City will receive a percentage of the selling price of each
commodity based on the recycling index at the time of the sale.
This revenue will serve to partially reimburse the City for the cost of
transporting the recydables from the end of a collection route to the
acceptance facility.
Bid Invitation Issued: 10
Bids Received
Award Basis:
Only Bid
The City received a late proposal from BFI Corpus Christi, Texas
but could not consider it as it was received after the due date and
time.
, \
:1~1 arrera
Procurement and General Services Manager
..--
--
---
EXHIBIT A
Contractor
DOLPHIN RECYCLING
Service Agreement No. SA
THIS Collection, Processing and Marketing Residential Recyclable Commodities
CONTRACT (this "Agreement") is entered into by and between Dolphin Sales and
Services. InL. General Partner of I.O.B. Enterprises, Ltd. dba Dolphin Recycling (the
"Contractor") and the City of Corpus Christi, a Texas home-rule municipal corporation
(the "City") effective for all purposes upon execution by the City Manager.
WHEREAS Contractor has proposed to provide Collection. Processing and Marketing
Residential Recyclable Commodities in response to the Request for Proposal # Bid
Invitation No. BI-0140-05: and
WHEREAS the City has determined Contractor to be the best responsible bidder;
NOW, THEREFORE. Contractor and City enter into this Agreement and agree as
follov,,'s:
1. Services. Contractor will perform the Collection. Processing and Marketing
Residential Recyclable Commodities in accordance to the Request for Proposal # Bid
Invitation No. BI-0140-05. The contractor will provide services included on Exhibit A.
The contractor will be responsible for implementing a comprehensive in house recycling
program for any City of Corpus Christi department requesting such service at no cost to the
requesting City Department. This includes all equipment, education and monitoring
needed to professionally and successfully complete/maintain the program at the contractor
expense. It is intended that City Hall located at 1201 Leopard S1. shall be implemented
first and used as a model for other departments.
2. Term. This Agreement is for 60 months from written notification to
Contractor by the City to commence service within 45 days. There will be three option
renewals of (5) five years each. Both parties must agree on the option to renew at the
appropriate time which shall be no later than (6) six months prior to the end of the contract
period as specified by date of execution ofthe contract.
3. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this Agreement
including deductions for non-performance and authorizations for payment. All of
Contractor's notices or communications regarding this Agreement must be directed to the
Contract Administrator, which is the Director of Solid Waste Services or the Assistant
Director of Solid Waste Services.
4. Independent Contractor. Contractor will perfonn the services hereunder as an
independent contractor and wlll furnish such services in its own manner and method, and
undt'r no cirCwllstances or conditions may any agent, servant, or employee of Contractor
be considered as an employee of the City.
5. Insurance. Before activities can begin under this Agreement, Contractor's
insurance company(ies) must deliver a Certificate of Insurance, as proof of the required
insurance coverages to the Contract Administrator. Additionally, the Certificate must state
that the CmJJract A<iministrator~ will he given at least 30 days notice of cancellation,
material change in the coverages. or intent not to renew any of the policies by certified
mail The City must be named as an Additional Insured. The City Attorney must be given
copies of all insurance policies within 15 days of the City Manager's written request.
Insurance requirements are attached and incorporated as Exhibit C, and may be revised
annually by the City Manager upon 30 days written notice to Contractor.
Upon the effective date at anniversary date each year a proper submittal of
insurance shall be submitted no later then 10 (ten) days after the aforementioned date. In
the -.:ourse of any year it is the contractor's responsibility to submit any changes in
insurance carriers or coverages within 30 days of said change.
6. Assignment. No assignment of this Agreement or any right or interest therein by
Contractor is effective unless the City first gives its written consent to such assignment.
The perfonnance of this Agreement by Contractor is of the essence of this Agreement and
the City's right to withhold consent to such assignment is within the sole discretion of the
City on any ground whatsoever.
7. Fiscal Year. All parties recognize that the continuation of any contract after the
close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to
appropriations and budget approval providing for such contract item as an expenditure in
that budget. The City does not represent that the budget item will be actually adopted, that
determination is within the sole discretion of the City Council at the time of adoption of
each budget.
8. Waiver. No waiver of any breach of any term or condition ofthis Agreement,
or Contractor's bid offer to Request for Proposal # Bid Invitation No. BI-0140-05 waives
any subsequent breach of the same.
9. Compliance with laws. This Agreement is subject to all Federal laws and
laws of the State of Texas. All duties of the parties will be performed in the City of
Corpus Christi, Texas. The applicable law for any legal disputes arising out of this
Agreement is the law of Texas and such form and venue for such disputes is the
appropriate district, county, or justice court in and for Nueces County, Texas.
10. Subcontractors. Contractor may use subcontractors in connection with the
work performed under this Agreement. When using subcontractors, however, Contractor
must obtain prior written approval from the Contract Administrators. In using
suoc()ntractors, Contractor is responsible for all their acts and omissions to the same extent
as if rhe subcontractor and its employees were employees of Contractor. All requirements
set fiJrth as pan of this Agreement are applicable to all subcontractors and their employees
t(, the S(lnw nlent al;; ,ftht ('pntrcwt"r and it<;; l'mployee<; had performed the services.
II. Amendments. rhlS Agreement may be amended only by written agreement
signed by duly authorized representatives ofthc parties hereto.
12. Termination. nle City Manager may terminate this Agreement for
Contractor's failure to perform the services specified in Request for Proposal # Bid
Invitation No BI-0140-05. Failure to keep all insurance policies in force for the entire
term of this Agreement is grounds for termination. The Contract Administrator must give
Contractor 5 work day's written notice of the breach and 30 days time period to cure. The
notification of acknowledgement of receipt of notice shall be by certified mail upon any
principle of the company. If the Contractor has not cured within the cure period, the City
Manager may terminate this Agreement immediately thereafter.
The City may terminate this Agreement upon 20 days written notice to Contractor.
However, City may terminate this Agreement on 24 hours written notice to Contractor for
failure to payor provide proof of payment of taxes as set out herein.
13. FORCE MAJEURE. Force Majeure means any event or condition,
whether affecting the City or the Contractor, that has. or may reasonably be
expected to have, a material adverse effect on a party's obligation under this
Agreement, if the event or condition is beyond the reasonable control, based on
sound management or industry practices, and not the result of willful or negligent
action or a lack of reasonable diligence, of the party ("non-performing party")
relying the event or condition as justification for not performing any obligation or
complying with any condition required of the party under this Agreement. The
following events or condition shall, if they meet the requirements of the preceding
sentence, constitute a Force Majeure:
(a) An act of God, storm, flood, or similar occurrence (except for weather
conditions normal for the area) landslide, earthquake, fire, or other casualty, an act of
the public enemy, war. blockage, insurrection, riot, general arrest or restraint of
government and people, civil disturbance or similar occurrence.
(b) The order or judgment of any Federal, State, or local court, administrative
agency, or governmental officer or body, ifit is not also the result of willful or negligent
action or a lack of reasonable diligence of the non-performing party, and the non-
performing party does not control the administrative agency or governmental officer or
body, provided that the diligent contest in good faith of any order or judgment does not
constitute or may not be construed as a willful or negligent action or a lack of reasonable
diligence of the non-performing party.
(c) The adoption, promulgation, issuance, material modification, or change in
interpretation, after the date of this Agreement, of any Federal, State, or local law,
regulation. rule. requirement, or ordinance. (A law. regulation, rule, requirement. or
ordinance lS duly adopted. promulgated. issued or otherwise officially modified or
changed in interpretation, when it is in provisional, interim, or final form and effective
Of to ht'C( 'me etTectiw \\ithnul any further action by any Federal. State or local
g(lvernmental body. administrative agency. or governmental official having
jurisdiction. )
(d) rhe tailure oUhe Lit) or public utilities having operational jurisdiction in the
area of service to provide. maintain, and assure the maintenance of all utilities, services,
sewerage, and water lines essential to the operation of the service except a failure caused
by the gross negligence. willful action. or a lack of reasonable diligence by the City.
(e) A strike. lockout. or other similar labor action;
(f) The failure to obtain or maintain any essential permit or license from any
governmental unit:
As detined by Force Majeure, neither party shall be held responsible for losses resulting if
the fulfillment of any terms or provisions of this contract is delayed or prevented by any
cause not within the control of the party whose performance is interfered with, and which
by the exercise of reasonable diligence said party is unable to prevent.
14. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes, and all other related taxes according to Circular E Employer's
Tax Guide. publication 15, as it may be amended. Contractor must provide proof of
payment of these taxes within 30 days after City Manager's written request therefor.
Failure to payor provide proof of payment is grounds for the City Manager to immediately
terminate this Agreement.
15. Trash Service. The City will be responsible for providing trash service for
the first year at the Contractor's site for City's waste only. After, the first year it shall be
understood that the cost for trash service will be borne by the Contractor.
16. Drug Policy. Contractor must adopt a Drug Free Workplace and drug
testing policy that substantially conforms to the City's policy, which is a Zero Tolerance
policy that eliminates Drugs in the workplace.
17. Notice. Notice may be given by fax; hand delivery, or certified mail, postage
prepaid, and is deemed received on the day faxed or hand delivered or on the third day
after deposit if sent certified mail. Notice shall be sent as follows:
IF TO CITY:
City of Corpus Christi
Attention: Procurement and General Services Manager
P. O. Box 9277
Corpus Christi, Texas 78469-9277
FAX No.: (361) 857-1906
IF TO CONTRACTOR:
Contractor Name: Dolphin Recycling
Contact Person: u _Rick Carpenter
Address: 717 LcSkr Street
- -~--~ ..---
City. State. Zip: Corpus Christi. Texas 78408
FAX No.: 3{) I -904-0 I 04
18. Month to Month Extension. If the City has not completed the bidding
process and awarded d new Collection, Processing and Marketing Residential Recyclable
Commodities contract upon the expiration of this Agreement, then Contractor must
continue to provide services under this Agreement, at its current fee, on a month to month
basis until a new contract IS awarded by Council. This Agreement automatically expires
on the effective date of a new contract: the Contract Administrator will provide written
notice of the effective date of the new contract to Contractor.
SIGNED this 2
day of Decemberu_
,2005.
Contractor:
.ZJ //~-L
Name: Rick Uarf>en r
Title: Treasure
ATTEST:
CITY OF CORPUS CHRISTI
Michael Barrera
Procurement and Geneml Services
Manager
APPROVED THIS P DA Y OF ~
MAR Y KAY FISCHER, CITY ATTORNEY
,20D 5".
By:
Proposal # Bid Invitation No. 81-0140-05.
City's Trailers
Insurance Requirements.
Request
Exhibit B:
Exhibit C:
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40
AGENDA MEMORANDUM
City Council Action Date: December 20, 2005
SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute
Amendment No. 5 to the Contract for Professional Services with LNV Engineering of
Corpus Christi, Texas in the amount of $1,894,815 for a total re-stated fee of $3,074,465
for the Water System Interactive Hydraulic Model and Analysis to include the following
projects
. Southside Transmission Main, Phase 7
. Southside Transmission Main, Phase 8
. Padre Island Elevated Storage Tank (1.0 MG)
. On-Going Modeling Support
. System Operational Protocol
ISSUE: The Water System Interactive Hydraulic Model and Analysis project is being
amended to include five additional major components. Phases 7 and 8 of the Southside
Water Transmission Main will tie the mainland phases of the project to Padre Island in
order to provide TCEQ-required minimum flows to the Island. The Padre Island Elevated
Storage Tank is required to alleviate pressure fluctuations on the Island due to demand
spikes, electrical outages and TCEQ regulations. The On-Going Modeling Support and
System Operational Protocol provide important information to City staff and allow further
refinement of the operational protocol and potential impacts on the operation of the water
system.
FUNDING: Funds for this project are available from the FY 2004-2005 Water Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
W,Ux-- '
~ ~ 1~4,,~ j,sd J:' ~ '2/'sipS-
Eduardo Garana, P.E. ~R. Escobar, P.E.
Director of Water Services Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Change Order Summary
Exhibit "C" Location Map
rl\HOME\Rachpile\GEN\Water\Water System\8487\Arnd Nc 5\Apenda Melllodoc
AGENDA BACKGROUND INFORMATION
SUBJECT: Water System Interactive Hydraulic Model and Analysis (Project No. 8487)
AMENDMENT NO.5
PRIOR COUNCIL ACTION:
1 November 18, 2003 - Motion authorizing the City Manager, or his designee, to
execute a consultant contract with LNV Engineering of Corpus Christi, Texas for a
total fee not to exceed $507,157 for the Water System Interactive Hydraulic Model
and Analysis project (Motion No. M2003-420)
2. June 8, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 1 for engineering services with LNV Engineering of Corpus Christi,
Texas for a total fee not to exceed $361,816 for the Water System Interactive
Hydraulic Model and Analysis project (Motion No. M2004-221)
4. September 24, 2004 - Motion authorizing the City Manager, or his designee, to
execute Amendment NO.2 for engineering services with LNV Engineering of Corpus
Christi, Texas for a total fee not to exceed $111,246 for the Water System
Interactive Hydraulic Model and Analysis project (Motion No. M2004-361)
5. June 28. 2005 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.4 for engineering services with LNV Engineering of Corpus Christi,
Texas for a total fee not to exceed $199,431 for the Water System Interactive
Hydraulic Model and Analysis project (Motion No. 2005-205)
PRIOR ADMINISTRATIVE ACTION:
1. February 20, 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
(Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering
firms (28 local and 14 out-of-town).
2. March 13, 2002 - Addendum No. 1 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
3. March 15, 2002 - Addendum NO.2 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
4. March 26, 2002 - Addendum No. 3 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
5. March 28. 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No.
2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
6. April 11, 2003 - Letter Of Notification NO.1 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
7. April 17, 2003 - Addendum No. 1 to the Letter Of Notification NO.1 to the Request
for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town).
8 April 25, 2003 - Addendum NO.2 to the Letter Of Notification NO.1 to the Request
for Qualifications (RFQ) No. 2002-01 (Aviation, Street, Water, Wastewater, Gas
l.j \HnME\R3ch~;ie\GEN\Watef\\'.,later Svstemv;487\An-,-, Nc 5\ACiENDA 8ACKGROUNC do:
Improvement Projects) to 42 engineering firms (28 local and 14 out-of-town).
9. August 4, 2003 - Letter Of Notification No 2 to the Request for Qualifications (RFQ)
No. 2002-01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42
engineering firms (28 local and 14 out-of-town).
10 December 22. 2004 - Administrative approval of Amendment No. 3 for engineering
services with LNV Engineering of Corpus Christi, Texas for a total fee not to exceed
$0 for the Water System Interactive Hydraulic Model and Analysis project.
PROJECT BACKGROUND: The original contract provided for preliminary phase
services for the Interactive Hydraulic Model. Council was advised that approval of a
City-wide Interactive Hydraulic Model would be necessary to complete the project.
· Amendment NO.1 consisted of an updated interactive hydraulic model and analysis
that will be used to update the 1995 Water Master Plan and includes field verification
of the City's distribution system; inventory/analysis of valve system; review of water
delivery system; provide steady state/extended period simulation analysis; all
deliverables to be compatible with the City's GIS and all databases generated will be
compatible with various water system modeling software.
. Amendment NO.2 provided for the development of Phase 1 of contingency planning
with federal and state agencies for the Oso Bay 30-lnch Pipeline Crossing.
Contingency planning is necessary to allow the development of pre-negotiated
responses with the U.S. Army Corps of Engineers (USACE), resource agencies, and
the U.S. Naval Air Station of Corpus Christi.
. Amendment NO.3 was a zero-cost amendment that extended the time of the
Extended Period Simulation (EPS) Model Development. The consultant undertook a
new task to collect, evaluate, and incorporate this data in the EPS Model Calibration.
With the additional work begin undertaken and the resulting delay, the consultant
anticipated needing a 90-day extension to complete this portion of the work.
. Amendment NO.4 provided for the rehabilitation, replacement or re-routing of
approximately 4,100 linear feet of 20-inch water line from near Dona Street to
approximately 1,000 feet east of Navigation.
DESCRIPTION OF AMENDMENT NO.5: Amendment No.5 consists of the following
elements:
. SOUTHSIDE TRANSMISSION MAIN, PHASE 7, PROJECT NO. 8393
Consists of the design of the recommended 36" transmission main from the end of
Phase 6 located at Sea Pines Street to Sand Dollar Pump Station. This project shall
include approximately 17,000 linear feet of 36" transmission main, tie-ins at Sea
Pines Street and Sand Dollar Pump Station, and street crossings at Hwy 361,
Whitecap Road, and Park Road 5.
This project is required due to the existing single water feed on Padre Island being a
24" ductile iron pipe, which is over 30 years old. This project will tie the mainland
Phases 1 through 6 of the Souths ide Water Transmission Main to Padre Island in
;! \HOME\Rache!le\GEN\WaterWVater System\8487\Ap,.j Nc; ';\A(;END~ BACKGROUND doc
order to upgrade and provide required TCEQ minimum flows to the Island. This
project will include installation of a 36" line along the east side of Park Road 22 that
will terminate at the Sand Dollar Pump Station. Design of this transmission main will
be coordinated with the 2.5 MGD Aquifer Storage and Recovery Facility (ASR)
(under separate contract) to meet projected demands and provide reliable water
supplies for Padre Island
· SOUTHSIDE TRANSMISSION MAIN, PHASE 8, PROJECT NO. 8552
ConsIsts of the design of the recommended 30" transmission main from Sand Dollar
Ave. Pump Station to the proposed elevated storage tank on Padre Island. This
project shall include approximately 26,000 linear feet of 30" transmission main, tie-in
at Sand Dollar Pump Station, street crossings at Hwy 361, Whitecap Road, and Park
Road 5. Also included in this project are the tie-ins of major transmission mains at
Highway 361 and Whitecap Boulevard.
This project IS required due to the improvements on Padre Island and new TCEQ
regulations for elevated storage requirements, an elevated storage tank will be
installed on at the end of this main. This project will provide a 30" transmission main
to supply the elevated tank and will be an integral part of the ASR for the Island.
· PADRE ISLAND ELEVATED STORAGE TANK (1.0 MG), PROJECT NO. 8551
ConsIsts of the design of the recommended 1.0 MG elevated storage tank south of
the Kleberg County line The elevated storage tank shall be designed to withstand
severe coastal environmental conditions and will include cathodic protection and
coatings. The elevated storage tank is required to alleviate pressure fluctuations on
the Island due to demand spikes and electrical outages. It is also required to comply
with TCEQ regulations since there is currently no elevated storage in the new
pressure zone created by the Sand Dollar Pump Station Improvements. Design of
the elevated storage tank will be coordinated with the 2.5 MGD Aquifer Storage and
Recovery Facility (ASR) (under separate contract) to provide adequate storage for
projected demands on the Island
· ADDITIONAL SERVICES ITEM 17 - ON-GOING MODELING SUPPORT
17 1 On-Going Modeling Support
The City anticipates the need for certain modeling support from the Engineer, who
will provide these services as requested in writing by the City. These services are
anticipated to include, but are not limited to, the following: semi-annual updating of
the model with new or modified infrastructure data from the City's GIS; on-call
modeling support for instances when the City needs to review potential impacts on
the operation of the water system; other modeling as required by the City. (Task
Fee: $54,956)
rl IHOME\Rachel!p"\,GEN\VVater\\/I_iater Syslem\6,-187\.f.\mc! ~c 5\AGENDI'~ BACKGROUND doc
17 2 Large Volume User Demand Study - Ratification
The Large Volume User (LVU) Demand Study Work Task was identified under our
authorized Task 9.0, Extended Period Simulation (EPS) Model Development, where
it was noted that additional verification analyses would be recommended (Task 9.5)
if model validation could not be completed to an acceptable level. It was determined
that the L VUs have a significant impact on the operation of the water system,
particularly the diurnal (daily) and hourly variations in water use as it affects the
calibration of the EPS model In order to effectively model the system in the EPS
mode, it is necessary to understand the diurnal fluctuations in water use attributable
to the L VUs. Historically, the only available water use records for the L VUs were the
monthly water billing records, which are inadequate to identify the diurnal and hourly
variations in LVU demand. The objective of the LVU demand study is to develop a
methodology to collect suitable water demand data from the Large Volume water
users, to supervise the collection of the data, evaluate the collected data, and to
utilize the data in the EPS modeling analysis. (Task Fee: $63,795)
17 3 Fire Flow Analysis (Motel 6) - Ratification
The objective of this Task is to provide the Water Department with a rapid response
to water system issues and questions regarding service connections using the
Corpus Christi Water Model as outlined under On-Going Modeling Support, On-Call
Modeling, and Additional Services. Specifically, modeling analyses will be conducted
regarding a fire flow issue for a proposed development on Lantana Street consisting
of a Motel 6 and Industrial Park site. (Task Fee: $1,727)
17.4 Cantwell Lane Modeling Analysis - Ratification
The objective of this Task is to provide the Water Department with hydraulic
modeling services in relation to water supply and pressure issues occurring on a 16-
inch water line in Cantwell Street, which has an 8-inch bottleneck. Modeling
scenarios were conducted for several demand conditions to ascertain whether
improving the bottleneck would improve supply conditions. This work task is outlined
under On-Going Modeling Support, On-Call Modeling. (Task Fee: $1,279)
17.5 Development Review/Response Procedures
The purpose of this Task is to provide consulting services to the Water Department
concerning protocol and procedures for standardizing Water Department review
processes in response to new developments impacting the water system operation.
This will include a review of procedures from similar municipalities, system design
guidelines, and operational criteria. Samples of appropriate material will be provided
to the Department, in addition to participating in meetings with staff to discuss the
various procedures. (Task Fee: $26,477)
H IHOME\RachelleIGEN\WatenWater Systel11\8487\Ar~,d NCJ 5\AGENDA BACKGROUND doc
17 6 Water Department Schematic Book
This task will collect and organize all information regarding each pump station,
elevated tanks, ONSWTP, critical pressure zones, and Large Volume User meter
locations into one book, entitled "Water Department Schematic Book". Level of
detail includes direction of flow, pumps flow rates, valve and meter sizes and type.
Information included at ONSWTP includes each size and type of pumps, master
meters, and chemical feed lines. and injection points. (Task Fee: $120,332)
· ADDITIONAL SERVICES ITEM 24 - WORKSHOPS
Attend workshops with City staff to review the Draft Review/Response Task Results
Summary Document prepared by the Engineer in the Project Deliverables Task and
System Operational Protocol Demonstration Program Task. The Engineer will be
responsible for preparing materials associated with these workshops and meetings.
Incorporate City comments into the minutes for the workshops and into the project
reports. Following the workshops, Engineer will prepare workshop minutes that
record all comments from the City
· ADDITIONAL SERVICES ITEM 27 - PROJECT DELlVERABLES
Engineer will prepare task result summaries for Task 17.0 and Task 45. This
document will serve as a mechanism to convey information and results, solicit
comments from the City staff, and to gain consensus with the conclusions and
recommendations.
· ADDITIONAL SERVICES ITEM 45 - SYSTEM OPERATIONAL PROTOCOL
DEMONSTRATION
The purpose of this task is to verify Water Distribution System Optimization as
identified by the new Water System Hydraulic Model. The procedure for this task
includes isolating various sections of the system and taking pressure and flow
readings throughout the system. If this optimization is verified in the field, City staff
will incorporate the recommended changes to enhance water pressure during the
low-flow winter months.
CONTRACT SUMMARY/FEE: A schedule and summary of fees IS attached as
Exhibit "B".
\HOME\Racheiie\GEN\WalerIWater Svstem\P487\Anu No 5\AGENDA BACKGROUND doc
CONTRACT SUMMARY
PADRE ISLAND ELEVATED STORAGE TANK (1.0 MG)
SOUTHSIDE TRANSMISSION MAIN, PHASE 7 (36")
SOUTHSIDE TRANSMISSION MAIN, PHASE 8 (30")
-
ACTIVITY
DJ:CiftColltract to City
, Contract to City Council
,_Begin Design Memo
, Submit Design f\!emo
, City Review
1 Begin Design Phase
· 60% Submittal
~m_____....____.___._
City Review
100% Submittal
--'^--'--"'--~------""--"--'-'---~'--"--
City Review~___
Final Submittal I
-.A:dVertise for Bids(2)-r
_PrE?-Bid MeetlQ9
Receive Bids
. --- .._---_.._~_.-
Award Contract
---_.,._----~_.-
Begi~_onstruction __
End Construction
1~O-MG--ELEVATED TANK-T-36" TRANSMISSION MAIN &
30" TRANSMISSION MAIN
October 24, 2005
December 20, 2005
December 21, 2005
March 27, 2006
A ri114, 2006
A ri117, 2006
Au ust 14, 2006
Se tember 1, 2006
Janua 29, 2007
Februa 16, 2007
March 9, 2007
March 23, 2007
A ril 3, 2007
A ril 11, 2007
Ma 9,2007
June 2007
December 2008
--'---,"...-- - ----_.--
October 26, 2005
__~Des:ember 20, 2005
N/A
N/A
N/A
May 1 , 2006
January 15, 2007
February 9, 2007
April 16, 2007___~
May 7, 2007
__ May 21,2007 ___ _
June 4, 2007 f
_ June 19, 2007
June 27,2007 1=:-.
July 24, 2007 ..
___ September 2007 ___+-_
December 2008 --L
45.0 SYSTEM OPERATIONAL PROTOCOL DEMONSTRATION
Task
, Draft SOP Demonstration Protocol Workshop
>- SOP Demonstration Kick Off Meeting
. SOP Demonstration Results Workshop
. Final SOP Demonstration Results
Scheduled Com letion
Janua 11,2006
Janua 25,2006
Februa 22, 2006
March 20,2006
(Fees are shown on the next page)
EXHIBIT "B"
Page 1 of 2
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EXHIBIT "B"
Page 2 of2
EXHIBIT "e"
PROJECT No. 8487
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SOUTHSIDE TRANSMISSION MAIN
oHASE 7 & 8 AND ELEVA TED STORAGE TANK
CITY COUNCIL EXHIBIT
CITY Or CORPUS CHRlSn, TEXAS
DEPAfmIDff Of" D/GINffRfNG SERI'ICfS
PAGE: 1 of 1
!>In:, 12/15/2005
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