HomeMy WebLinkAboutAgenda Packet City Council - 01/10/2006
CITY COUNCIL AGENDA
JANUARY 10,2006
Corpus Christi
AlI-America CiIV
11 :45 A.M. - Proclamation declaring January 16,2005 as "Martin Luther King Commemorative March"
Commendation Certificates - In Recognition of the Calallen H.S. Boys Football Class 4A Division II
Swearing-in ceremony of newly elected appointed Board, Committee and Commission Members
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
JANUARY 10, 2006
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 opportunfty 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 limfted to three minutes. If you have a petmon or other information pertaining to your
subject, please present ft to the Cfty Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas
del Concilio para ayudarle.
Persons with disabilfties who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the Cfty 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 Pastor Derrick E. Reaves, St. John Baptist Church.
C. Pledge of Allegiance to the Flag of the United States.
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Henry Garrett
Mayor Pro T em Bill Kelly
Council Members:
Brent Chesney
Melody Cooper
Jerry Garcia
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 20, 2005. (Attachment # 1)
Agenda
Regular Council Meeting
January 10,2006
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2)
2.
*
Cable Communication Commission
Commission on Children and Youth
*
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)
3.
Motion authorizing the City Manager or his designee to execute
Amendment NO.1 to the Contract for Professional Services with
John Wright, Architect, of Corpus Christi, Texas in the amount of
$53,313 for a total re-stated fee of $59,813 for the North Beach
Area Improvements. (BOND ISSUE 2004) (Attachment # 3)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
~
Agenda
Regular Council Meeting
January 10, 2006
Page 3
4.
Motion authorizing the City Manager or his designee to execute
a construction contract with Cravens Partners Ltd., of Houston,
Texas in the amount of $314,632 for the Concrete Lined Channel
Rehabilitation - Flynn Shea Parkway Ditch. (Attachment # 4)
5.
Motion authorizing the City Manager or his designee to execute
Amendment NO.6 for Construction Management Services in the
amount of $918,000 with Anderson Group Construction
Management, Inc., of Corpus Christi, Texas for a revised, not to
exceed, total fee of $2,666,840 for various Capital Improvement
Projects associated with the 2006 Capital Budget. (Attachment
# 5)
6. Resolution recognizing the public necessity of acquiring fee
simple title to a vacant tract of land containing 0.83 of an acre for
the Northwest Library Expansion Project, Bond 2004, for
expansion of the existing library facility and other municipal
purposes; and authorizing acquisition by means of negotiations
or eminent domain proceedings by the City of Corpus Christi or
its agents in acquiring the tract of land. (Attachment # 6)
7. Ordinance authorizing the City Manager or his designee to renew
a five-year Parking Space Lease Agreement with 101 Shoreline,
Ltd., for 150 parking spaces located at 221 South Water Street,
beginning January 22, 2006, and approving monthly lease
amounts of $3,308.59 for the first year, $3,440.93 per month for
the second year, $3,578.56 per month for the third year,
$3,721.70 per month for the fourth year, and $3,870.56 per
month for the fifth year. (Attachment # 7)
8. Motion authorizing the City Manager or his designee to extend
Oracle Real Application Clusters software update and product
support from Mythics, Inc., of Virginia Beach, Virginia in the
amount of $58,755.84 for the twelve month period beginning
January 28, 2006. Mythics, Inc. is an approved Texas
Department of Information Resources vendor. (Attachment # 8)
9.a. Resolution designating the City Secretary or his designee as the
Public Information Coordinator for the Mayor and City Council.
(Attachment # 9)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
~
~
Agenda
Regular Council Meeting
January 10, 2006
Page 4
9.b. Resolution directing each Board, Committee, and Commission
member to comply with the training requirement of the Texas
Public Information Act by designating the City Secretary as the
Public Information Coordinator. (Attachment # 9)
10. Ordinance abandoning and vacating a 2,814.67-square foot
portion of a 1 O-foot wide utility easement out of Lots 2 & 3, Block
1, Shannon Middle School Tract, located south of and adjacent
to South Padre Island Drive (SPID), and east ofthe Airline Road-
SPID intersection; requiring the owner to comply with the
specified conditions. (Attachment # 10)
11 Ordinance abandoning and vacating a 3,002.90-square foot
portion of a 10-foot wide utility easement out of Lot 4, Block 1,
Shannon Middle School Tract, located south of and adjacent to
South Padre Island Drive (SPID), and east of the Airline Road-
SPID intersection; requiring the owner to comply with the
specified conditions. (Attachment # 11)
12. Second Reading Ordinance - Regarding delinquent personal
property tax penalty. (First Reading 12/20/05) (Attachment # 12)
13. Second 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. (First Reading
12/20/05) (Attachment # 13)
I. PUBLIC HEARINGS:
14.a. Public hearing on request for a variance to operate an
establishment with on-premise consumption of alcoholic
beverages at an establishment known as Always Bat's located at
4650 Kostoryz Road. (Attachment # 14)
14.b. Resolution granting a variance, under Section 4-5(f) of the Code
of Ordinances, to Scott Entertainment, Inc., to operate an on-
premise alcoholic beverage establishment located at 4650
Kostoryz Road. (Attachment # 14)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
~
Agenda
Regular Council Meeting
January 10. 2006
Page 5
ZONING CASES:
15, Case No. 1105-08. Airgas-Southwest. Inc.: A change of zoning
from an "1-2" Light Industrial District to an "1-3" Heavy Industrial
District. The property is 0.009 acre out of 3.625 acres of Blue
Chip Industrial Tracts, Block 1, Lot 3, located along South
Navigation Boulevard and 425 feet south of State Highway
44/Agnes Street. (Attachment # 15)
Planning Commission and Staffs Recommendation: Denial of an
"1-3" Heavy Industrial District and in lieu thereof, approval for an
"1-2" District with a Special Permit for two (2) above ground fuel
tanks with a gallon limitation of one (1) 1,200 gallon tank and one
(1) 4,000 gallon tank, subject to approval from the Zoning Board
of Adjustment and Fire Marshall.
ORDINANCE
Amending the Zoning Ordinance, upon application by the Airgas-
Southwest, Inc., by changing the zoning map in reference to
0.009 acre out of 3.625 acres of Blue Chip Industrial Tracts, Block
1, Lot 3 (currently zoned "1-2" Light Industrial District) by granting
a Special Permit for one (1) 1,200 gallon above ground fuel tank
and one (1) 4,000 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.
16. Case No. 1105-09. Emilio Cano: A change in zoning from a "F-R"
Farm-Rural District to a "R-1 B" One-family Dwelling District. The
property is 18.24 acres out of Lot 1, Section 25, Flour Bluff and
Encinal Farm and Garden Tracts, located along Rodd Field Road
at Airline Road and south of County Road 26 (future Lipes
Boulevard). (Attachment # 16)
Planning Commission and Staffs Recommendation: Approval of
a "R-1 B" One-family Dwelling District.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 10, 2006
Page 6
ORDINANCE
Amending the Zoning Ordinance, upon application by Emilio
Cano by changing the zoning map in reference to 18.24 acres out
of Flour Bluff and Encinal Farm and Garden Tracts, Section 25,
Lot 1, from "F-R" 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.
J. PRESENTATIONS:
Public comment will not be solicited on Presentation items.
17. Update on Deployment of the Wireless Fidelity Broadband Mesh
Network, the Automated Meter Reading Project and Development
of the City-Wide Wireless Fidelity Broadband Mesh Network
Business and Management Plans. (Attachment # 17)
1 R First Quarter FY 2005-2006 Budget/Performance Report
(Attachment # 18)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
19. Resolution reaffirming financial policies adopted by Resolution
No. 023319, providing policies for maintenance of the General
Fund Balance at an adequate level, and providing policy direction
on preparation of the FY 2006-2007 budget. (Attachment # 19)
20. First Reading Ordinance - Amending the Corpus Christi Code of
Ordinances, Chapter 57, Vehicles for Hire, Section 57-254,
Maximum Auto Wrecker Service and Storage fees, providing for
fee increases, changing the term "preservation fee" to
"impoundment fee" and using "longer that 25 feet" as a trigger to
charge large vehicle daily storage fees; all changes of which
conform to controlling state law; and providing for penalties.
(Attachment # 20)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
~
~
Agenda
Regular Council Meeting
January 10, 2006
Page 7
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 petftion
or other information pertaining to your subject, please present ft to the Cfty
Secretary. )
Si usted se dirige a la junta y cree que su ingles es limftado, 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.
21. Executive session under Texas Government Code Section
551.071 regarding WiFi Network, with possible discussion and
action related thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 10, 2006
Page 8
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 of future Council meetings and activities; and
other brief discussions regarding city-related matters.
22 CITY MANAGER'S REPORT
*
Upcoming Items
23. MAYOR'S UPDATE
24 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 2:00 p.m., January 6,2006.
A~
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 20, 2005 -10:02 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tern Jerry Garcia
Council Members:
Brent Chesney
Melody Cooper
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
Rex Kinnison
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Evangelist Napoleon Johnson with Faith Mission
Outreach and the Pledge of Allegiance to the United States flag was led by Council Member
Marez.
Mayor Garrett called for approval of the minutes of the regular Council meeting of
December 13, 2005. A motion was made, seconded, and passed to approve the minutes as
presented.
* * * * * * * * * * * *
Mayor Garrett opened discussion on Item 38, a proposed ordinance to repeal Ordinance
No. 026526 closing the beach in front of the Padre Island Seawall to vehicular traffic. Prior to
the discussion, City Attorney Fischer announced that there was a typographical error in Section 2
of the proposed ordinance that stated "three regular meetings", rather than "two regular
meetings". She said a corrected ordinance with the wording "two regular meetings" would be
drafted as a replacement.
Mayor Garrett prefaced the discussion with a statement. He said the Council was
considering the repeal of its previous action to remove vehicles from approximately 4,200 feet of
beach in front of the seawall on Padre Island. He said one of the Council's top priorities was
economic development, and the proposed resort development near Packery Channel was a dream
come true for the community. It had the potential to fulfill the promise of the Packery Channel
TIF and to ensure the repayment of the bonds. In his opinion, a project of this magnitude made it
necessary to reevaluate the issue with a new, fresh perspective.
Minutes - Regular Council Meeting
December 20, 2005- Page 2
Mayor Garrett stated the Council's consideration of this action was a difficult decision
because they had to weigh the best interests of the city with concerns about the integrity of the
public process. He emphasized that this action was not an effort to nullify the referendum
process or to silence the opposition; rather, it was an opportunity to work together to develop a
cohesive plan for the appropriate development of this area. Thus, Mayor Garrett stated that in
his opinion, it was in the community's best interests to repeal the original ordinance and begin
the process anew.
Mayor Garrett called for public comment. The following individuals spoke in favor of
repealing the ordinance and extending the extending the pedestrian-only beach from 4,200 feet to
7,400 feet: Mr. Bud Harris, 13854 Hawksnest Bay; Ms. Gladys Choyke, 15321 Cartagena; Mr.
Bill Pettus, 102 Alta Plaza; Mr. Tom Schmid; Mr. Kevin Kieschnick; Mr. Richard Pittman,
14325 Caribe; Mr. Jimmy B. Johnston, 15896 PW1ta Espada; Mr. John Trice, 13706 Tajamar;
Mr. Billy Holmes, 14121 J ackfish; Mr. Jim Gayle, 15341 Key Largo; an unidentified gentleman;
Mr. Jim Barnette; Mr. Keith Marine; Ms. Linda Strong; Mr. Steve Sims; Mr. Kenny Cotton,
4134 Petronila Creek; Mr. Joe Cisneros; Mr. Richard Branscomb; Mr. Jon Hepner, 13853
Eaglesnest Bay; Ms. Colleen McIntire, 137143 Fathoms Bank; Mr. Vakesh Patel, 13773
Eaglesnest Bay; Mr. Gene Guernsey, 6133 Tarafaya; Ms. Linda Walsh, 15350 Isabella Court;
Ms. Gail Hoffman, 3442 Paradise Drive; Mr. Joe Lynch, 237 Mullet; Ms. Jody Patel, 13773
Eaglesnest Bay; Mr. Richard Caballero, 2210 Sentinel; Mr. Randy Maldonado, 6001 King Trail;
Mr. Bob Shulte; Mr. Steve Jacobs, 5605 Corey; Mr. Donny Anderson, 1802 Ennis Joslin; Ms.
Kim Erwin, 19357 Dasmarinas; Mr. Rudy Martinez, 526 Hoffman; Ms. Teresa Ranly, 14801
Dasmarinas; Mr. Roy Pell, 5022 Rasputin Court; and Ms. Debbie Lindsey-Opel, 15862 Cutty
"lark.
The following individuals spoke against repealing the ordinance: Mr. John Kelley with
Beach Access Coalition; Mr. Johnny French, 4417 Carlton; Ms. Pat Suter, 1002 Chamberlain;
Ms. Nanita West; Mr. Camest West, 13941 Man 0' War; Mr. Ruben Gonzalez, speaking on
behalf of former Senator Carlos Truan; Mr. David Ryan, 14010 Court; Ms. Joan Veit, 5701 Cain
Drive; Ms. Carolyn Moon, 4902 Calvin; Mr. Neil McQueen, 4213 Estate Drive; Mr. David
Nelson. 15340 Leeward Drive: Mr. Jose Fernandez de Lara; Mr. Hal Suter, 1002 Chamberlain;
Mr. Michael McKutchon, 203 Jackson; Mr. Bill Kopecky, 3609 Topeka; Mr. Fred Richards,
7402 Venice; Mr. Jack Gordy, 4118 Bray; Mr. John Adams, 307 Katherine; and Mr. J.E.
O'Brien, 4130 Pompano.
In response to Mr. Chesney's question, City Secretary Chapa stated if petitioners
submitted the required number of signatures within the 90-day deadline, his office had 20 days to
verify the results. If his office determined the petition was valid, Mr. Chapa stated the election
would be held at the next available election date in May 2006. He said, however, that once his
office had verified the petition and presented it for COW1cil consideration, the COW1cil could opt
to repeal the ordinance as requested by the petitioners at that time.
Mr. Chesney stated that he felt the city should provide visitors and residents with a
choice. He did not feel allowing vehicular traffic on beaches was an unalienable right, and was
even in favor of a charter amendment regarding this issue. However, he also thought that the
Council's credibility was at stake since they had publicly spoken against closing any additional
beaches to vehicular traffic. After struggling with the issue, Mr. Chesney suggested that the
Minutes - Regular Council Meeting
December 20, 2005 - Page 3
Council and the community consider leaving the current ordinance in place and then place
another ordinance on the agenda adding the 1,800 feet being requested by the resort developer.
He felt this was a viable way to maintain the Council's integrity while respecting the active
petition effort. Ultimately, Mr. Chesney said he would be in favor of closing the additional
1,800 feet of beach. He asked for the Council's comments.
Mr. Garcia spoke in favor of repealing the ordinance and starting the discussion anew.
He felt there was room for compromise on this issue if the Council and the community worked
together. He also mentioned the possibility of creating a pedestrian beach ordinance that worked
in conjunction with the platting ordinance.
Mr. Scott stated the Council had made a mistake when they approved the current
ordinance because they didn't have all the information. He said it was important to do what was
III the best interest of the community. Thus, he felt it was best to repeal the ordinance and begin
a public dialogue to create an organized development plan for the area. Regarding Mr.
Chesney's suggestion, he was concerned that introducing a separate ordinance would confuse the
petitioners and would not address the need for a cohesive development plan. In addition, Mr.
Scott stated that the advantage of having a city-owned pedestrian beach was that it would be free
to the public. Currently, residents and tourists were required to pay a user fee for the pedestrian-
only Malaquite and Mustang Island beaches. In conclusion, Mr. Scott spoke in support of the
Mayor's decision to repeal the ordinance.
Ms. Cooper commented that during her 13-year tenure on the Council, she had rarely
changed her position on an issue. She said economic development was a top priority during her
campaign, and the proposed world-class resort was an amazing opportunity. She said she knew
nothing about the proposed resort when the Council voted to approve the beach closure
ordinance. Consequently, Ms. Cooper spoke in support of repealing the ordinance.
Mr Marez remarked that he expressed concern about the non-binding nature of the
current ordinance during the previous discussions. He asked why the developer had waited until
now to bring his proposal to light, rather than discussing the project during the initial discussion
and vote. He said he was in favor of economic development, and felt there might be a
compromise on this issue. However, the petition drive to repeal the beach closure ordinance was
already underway. In addition, the Council made a strong statement when they directed staff to
inform the Texas General Land Office that no other beach would be closed to vehicular traffic.
Mr. Marez stated that the entire community had to buy into this development to ensure its
success. Finally, he said the developer should be selling the resort development, not the Council.
Mr Noyola asked where Mr. Paul Schexnailder, the Austin developer co-sponsoring the
resort development, was when the Council was discussing the beach closure ordinance in
October. He also questioned why Mr. Schexnailder wasn't in attendance today to sell the plan
himself. Mr. Noyola stated the city should have a choice regarding the beach closure issue, and
Mr. Schexnailder was not providing one. He said the proposed development was beautiful, but
he did not feel the community was sold on the plan. More importantly, Mr. Noyola stated that
since he had made a public statement against closing any additional beaches to vehicular traffic,
he was reluctant to support a repeal of the current ordinance.
Minutes Regular Council Meeting
December 20, 2005- Page 4
Mayor Garrett reiterated his support of repealing the current ordinance, saying it was an
opportunity to re-evaluate the situation and make the right decision for the community. City
Secretary Chapa polled the Council for their votes on Item 38 as follows: Garrett, Cooper,
Garcia, and Scott, voting "Aye"; Chesney, Marez, and Noyola, voting "No"; Kelly abstained;
Kinnison was absent. Mr. Chapa explained that the City Charter required five votes in favor to
pass an ordinance, so the ordinance failed with a 4-3 vote.
Mr. Garcia asked if it was possible to amend the beach closure ordinance without
affecting the petition process currently underway. Mr. Chapa answered negatively, saying if the
Council amended the beach closure ordinance on the floor to extend the pedestrian-only beach
by 1,800 feet, then the petition process would have to begin anew. City Attorney Fischer
confirmed his statement.
Mr. Chesney reiterated his suggestion to place a separate item on a future agenda
extending the pedestrian-only beach by 1,800 feet. He said this proposal would allow the
discussion to continue while not jeopardizing the ongoing petition drive. Mr. Chapa cautioned
that if a petition to repeal the second ordinance was started and verified, it was more than likely
result in two different petition drives with two different election dates, one in May and one in
'\Jovember. Mr. Chesney made a motion to place an emergency ordinance on the January 10,
2006 agenda to extend the pedestrian-only beach by 1,800 feet, seconded by Mr. Scott. Mr.
Chesney clarified that the Council would still have an opportunity to repeal the ordinance for the
4,200-foot pedestrian-only beach once the petition was verified.
Mr. Scott stated that he preferred to repeal the ordinance and start the discussion anew to
create a cohesive development plan. He said Mr. Chesney's proposal would require the
petitioners to start two petitions, and in his opinion, the developer would balk if the community
chose this route. ~onetheless, Mr. Scott said he would support Mr. Chesney's proposal if it was
the CouncIl's will, but it was a distant second choice in his mind.
Mr. Garcia spoke in support of repealing the ordinance to renew the discussion on the
proposed development.
Mayor Garrett said he was disappointed the Council had not voted to repeal the
ordinance. He said the city had had an opportunity to re-evaluate the issue and move forward
with a resort development the city desperately needed. He wanted to do what was in the best
mterest of the entire community, and that was how he would vote.
City Attorney Fischer interjected and requested that the Council go into executive session
under Texas Government Code 551.071 regarding consultation with attorney to receive legal
advice. She wished to brief the Council on the legal consequences of amending or repealing the
beach closure ordinance. The Council went into executive session.
The Council returned from executive session. Mr. Scott withdrew his second to Mr.
Chesney's motion to place an emergency ordinance on the January 10,2006 agenda to extend the
pedestrian-only beach by 1,800 feet. Mayor Garrett asked if there was a second to Mr.
Chesney's motion. The motion died for lack of a second.
Minutes ~ Regular Council Meeting
December 20, 2005 - Page 5
Mr. Chesney made a motion to reconsider Item 38, seconded by Ms. Cooper, and passed
unanimously (Kinnison was absent; Kelly abstained). City Secretary Chapa polled the Council
for their votes as follows:
38. ORDINANCE NO. 026593
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, and Scott, voting "Aye"; Marez
and Noyola voting "No"; Kelly abstained; Kinnison was absent.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 40 regarding an amendment to a contract with
LNV Engineering for the Water System Interactive Hydraulic Model and Analysis. City
Manager Noe explained that this project would complete the last stretch of the Southside
Transmission Main System project to the island, an important infrastructure project for the city's
long-term growth.
Assistant City Manager Ron Massey stated this presentation would provide an update on
the Padre Island water status, as well as outline Amendment No.5 to the city's contract with
LNV Engineering for a number of additional work projects. He asked Mr. Dan Leyendecker
with LNV Engineering to make the presentation.
Mr. Leyendecker reviewed the Southside Transmission Main (SSTM) project status. He
said Phases 1, 2, and 3 were completed; Phases 4 and 4A were operational; Phase 5 was
scheduled for bid in January 2006; Phase 6 was under design; and Phases 7 and 8 were proposed
under this amendment for the island.
Mr. Leyendecker reviewed the recommended short-term, near-term, and long-term
Improvements (2010-2055) identified for the Padre Island water system. He stated that the
upgrade of the Sand Dollar Avenue Pump Station from a 1.6 MGD plant to a 6 MGD plant was a
short-term improvement completed in December 2004.
Mr. Leyendecker mentioned a number of near-term recommended improvements as
follows: SSTM Phase 6 - increase transmission capacity to North Padre Island Service area
(under contract); SSTM Phase 7 - increase transmission capacity to Sand Dollar Pump Station;
SSTM Phase 8 - increase distribution capacity for North Padre Island service area; one million
gallon elevated storage tank; Aquifer Storage and Recovery (ASR) - 2.5 MGD supplement; and
third pump at Sand Dollar A venue pump station. Mr. Leyendecker stated that SSTM Phases 7
and 8, and the one million gallon elevated storage tank comprised Amendment 5 of the contract
being considered today.
Minutes - Regular Council Meeting
December 20, 2005 - Page 6
Mr. Leyendecker discussed a number of recommended long-term improvements as
follows: expand ASR to 10 MGD: increase ground storage at Sand Dollar Avenue Pump
Station: a second elevated storage tank for North Padre Island service area (Mustang Island); and
expand pumping and distribution system.
Mr. Leyendecker covered the tasks related to water system infrastructure improvements
III Amendment No.5. In Southside Transmission Main Phase 7, a 36-inch transmission line
would be installed from Sea Pines Drive to the Sand Dollar A venue Pump Station, increasing the
transmission capacity on the Island by 200 percent. Southside Transmission Main Phase 8
would involve installing a 30-inch transmission line from the Sand Dollar Avenue Pump Station
to the proposed elevated storage tank, to be located approximately 1.2 miles south of Sea Pines
Drive. Mr. Leyendecker then displayed a number of aerial photos outlining the project sites.
Finally, Mr. Leyendecker discussed the analysis and documentation tasks related to the
Amendment No. 5 projects. The first task was on-going modeling support, comprised of the
following elements: water distribution modeling and documentation; large volume user demand
study; and development review and response procedures. The second task was system
operational protocol demonstration including recommended operating procedures. In
conclusion, Assistant City Manager Massey stated staff was recommending the approval of
Amendment No.5.
Mr. Garcia asked if this project would accommodate future growth in the Flour Bluff
area. City Engineer Escobar replied affirmatively, saying that the project included a tie-in to
Phases 4 and 4A of the Southside Transmission Main, resulting in an additional source of water
for Flour Bluff. City Secretary Chapa polled the Council for their votes as follows:
40. MOTION NO. 2005-444
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
anlOunt 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 S torage Tank (1.0 M G)
On-Going Modeling Support
System Operational Protocol
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Marez, Noyola, and Scott, voting "Aye"; Kinnison was
absent.
* * * * * * * * * * * * *
Mayor Garrett called for a brief recess to present an "At Your Service" award.
Minutes -~ Regular Council Meeting
December 20, 2005 - Page 7
* * * * * * * * * * * * *
The Council returned from recess. Mayor Garrett referred to Item 2, and the following
board appointments were made:
City Council' s Youth Advisory Committee
(NOTE: all new appointments)
Erica Longoria
Brian Silva
Adan "Ace" Zamora
Valerie Franco
Elisha "Deray" Dickerson
Maranda Roschetzcky
Aesha Rupp
Carley Perkins
Ryan Ashley Chapa
Carolyn Bethelot
Bryan Bode
Drew Crocker
Jordan Eiben
Cassandra Hardin
Kristy Rodriguez
Laura Rodriguez
Jessica Gomez
Corpus Christi Regional Economic Development Corporation
Gloria Perez (Reappointed)
Electrical Advisory Board
Bill Ewing (Reappointed)
Albert Alaniz (Appointed)
Florentino Vasquez (Appointed)
Musewn of Science and History Advisory Committee
Linda Torno (Appointed)
Dr. J. Robert Hartherill (Appointed)
North Padre Island Development Corporation
Mark Scott (Reappointed)
Brent Chesney (Reappointed)
Melody Cooper (Reappointed)
Jerry Garcia (Appointed)
Henry Garrett (Appointed)
John Marez (Appointed)
Transportation Advisory Committee
Daniel Carrizales (Appointed)
Misty D. Galang (Appointed)
* * * * * * * * * * * * *
Mayor Garrett called for consideration of the consent agenda (Items 3 - 26). City
Secretary Chapa announced that Mr. Noyola would be abstaining from the vote and discussion
Minutes - Regular Council Meeting
December 20, 2005 - Page 8
on Items S and 15. Mr. Scott stated he would be abstaining from the vote and discussion on Item
19.
Mr. Carlos Torres requested that Item 6 be pulled for individual consideration. City
Manager Noe requested that Item 19 be pulled for individual consideration. Council members
requested that Item 10 be pulled for individual consideration. A motion was made, seconded,
and passed to approve Items 3 through 26, constituting the consent agenda, except for Items 6,
10, and 19, which were pulled for individual consideration. City Secretary Chapa polled the
Council for their votes as follows:
3 MOTION NO. 2005-428
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 W' 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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
4 MOTION NO. 2005-429
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 HeaIth Department Bioterrorism
Preparedness Grant Fund.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
5. MOTION NO. 2005-430
Minutes - Regular Council Meeting
December 20, 2005 - Page 9
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-OOI8-06 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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, and Scott, voting "Aye"; Marez and Kinnison were
absent; Noyola abstained.
7 MOTION NO. 2005-432
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.
Paradigm Traffic
Fort Worth, Texas
Item No.: 1-9
$ ] 41 ,290
Control Technologies
Tomball, Texas
Item No.: 10-12
$66,807.70
Grand Total: $208,097.70
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
8.a. MOTION NO. 2005-433
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
S.b. RESOLUTION NO. 026571
Minutes- Regular Council Meeting
December 20, 2005 - Page 10
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
9.a. MOTION NO. 2005-434
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
9.b. MOTION NO. 2005-435
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
J 1. MOTION NO. 2005-436
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent
12. RESOLUTION NO. 026576
Minutes -- Regular Council Meeting
December 20, 2005 - Page 11
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
13. ORDINANCE NO. 026577
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Marez and Kinnison were absent.
14. MOTION NO. 2005-437
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
15. MOTION NO. 2005-438
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, and Scott, voting "Aye"; Marez and Kinnison were
absent; Noyola abstained.
16. RESOLUTION NO. 026578
Minutes -- Regular Council Meeting
December 20, 2005 - Page 12
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
17. MOTION NO. 2005-439
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).
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Marez and Kinnison
were absent.
18. MOTION NO. 2005-440
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).
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly. Noyola, and Scott, voting "Aye"; Kinnison and Marez
were absent.
20. ORDINANCE NO. 026579
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. Inc. to comply with the specified conditions.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola,
and Scott, voting "Aye".
21. ORDINANCE NO. 026580
Minutes - Regular Council Meeting
December 20, 2005 - Page 13
Ordinance abandoning and vacating a 612.70-square foot portion of a IO-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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
22. ORDINANCE NO. 026581
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
,'"
--'.
FIRST READING ORDINANCE
Regarding delinquent personal property tax penalty.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye";
Kinnison and Marez were absent.
24. ORDINANCE NO. 026582
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)
The foregoing ordinance was passed and approved on its second reading with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
Minutes Regular Council Meeting
December 20, 2005 - Page 14
25. ORDINANCE NO. 026583
Amending the 1965 Master Sanitary Sewer Plan for the Flour Bluff Area by increasing
wastewater Basin 3-B-I 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. (First Reading 12/13/05)
The foregoing ordinance was passed and approved on its second reading with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
26. ORDINANCE NO. 026584
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)
The foregoing ordinance was passed and approved on its second reading with the
following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
Mayor Garrett opened discussion on Item 6 regarding the purchase of two additional fire
trucks. Mr. Carlos Torres with the Corpus Christi Firefighters Association thanked the city for
the purchase because the trucks will help bring the fleet up-to-date. He said the purchase of the
aerial ladder truck being considered today was long overdue, and he hoped the truck would be
housed at Station No.7 in the Weber/Doddridge/Staples area. He mentioned, however, that the
fire stations were still in need of other new trucks to replace a number of older trucks reaching
the end of their useful life. He asked the Council to consider purchasing at least two trucks a
year rather than one truck a year to further bring the fleet up-to-date. The foregoing motion was
passed and approved with the following vote:
Minutes -- Regular Council Meeting
December 20, 2005 - Page 15
6 MOTION NO. 2005-431
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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly. Noyola, and Scott, voting "Aye": Cooper, Marez and Kinnison
were absent.
Mayor Garrett opened discussion on Item 10 regarding a series of grants from the Coastal
Bend Council of Governments (COG) for Solid Waste services. Mr. Scott asked if the media
campaign grant funding in Item lO.c. was new. City Manager Noe replied negatively, saying the
funding was from a recurring COG grant. Street and Solid Waste Services Director Jeff Kaplan
further explained that the continuing projects were related to Item 10.a., funding for scrap tire
disposal, and Item 10.c. for the media campaign. The new projects were Item IO.a. for the
Assistant Compliance Officer salary and Item 10.d. for supplemental funds for the proposed
Citizen's Collection Station at the 1.c. Elliott Landfill. City Secretary Chapa polled the Council
for their votes as follows:
10.a. RESOLUTION NO. 026572
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Cooper, Marez and Kinnison
were absent.
I a.b. RESOLUTION NO. 026573
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Cooper, Marez and Kinnison
were absent
Minutes- Regular Council Meeting
December 20, 2005 - Page 16
] O.C RESOLUTION NO. 026574
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 $1 0,000 in the No.1 020 General Fund, and a total project cost of $20,000.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Cooper, Marez and Kinnison
were absent.
10.d. RESOLUTION NO. 026575
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.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Cooper, Marez and Kinnison
were absent.
Mayor Garrett opened discussion on Item 19 regarding a deferment agreement for the
Bay Vista Apartment development. City Manager Noe stated this item would authorize the
deferment agreement for the Bay Vista Apartment development on Furman Avenue. He said at
this point. staff had not been able to negotiate the security for the improvements, but did not wish
to delay the project. Consequently, staff was requesting an amendment to add the statement
"subject to their submission of an appropriate security that meets city approval". Mr. Garcia
made a motion to amend the item as recommended by City Manager Noe, seconded by Mr.
Scott. and passed. City Secretary Chapa polled the Council for their votes as follows:
19. MOTION NO. 2005-44]
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 $1 07.1 01.69 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 and portion of Bay View Avenue Subdivision, in accordance with the Platting
Ordinance Section V -Required Improvements, Subsection AJ .(b), subject to their
suhmission of appropriate securi~y that meets city approval.
The foregoing motion was passed and approved as amended with the following vote:
Garrett, Chesney, Garcia, Kelly, and Noyola, voting "Aye"; Scott abstained; Cooper,
Kilmison and Marez were absent.
* * * * * * * * * * * * *
Minutes - Regular Council Meeting
December 20, 2005 - Page 17
Mayor Garrett referred to Item 27.a., and a motion was made, seconded, and passed to
open the public hearing on the following issue:
27.a. Public hearing for proposed transfer of funds from the Sanitary Sewer Trunk System
Trust Fund No. 4220-250410 to the Sanitary Sewer Collection Line Trust Fund No.
4220-250420 in accordance with Section V.B.6(h) of the Platting Ordinance.
Director of Development Services Barbara Bailey Holly explained the public hearing was
related to transferring $800,000 in funds from the Sanitary Sewer Trunk System Trust Fund into
the Sanitary Sewer Collection Line Trust Fund. The transfer would allow the city to process a
reimbursement for Montana Mike's Steakhouse in the amount of$153,000. She said the Council
approved the previous transfer to the Collection Line Trust Fund in April 2005 for a total of
$600,000. She said staff was still working internally on improving the system to allow for more
cost recovery, but at this point. the city needed the $800,000 transfer to keep the collection line
trust fund solvent.
There were no comments from the public. Ms. Cooper 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:
27.b. ORDINANCE NO. 026585
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) of the Platting Ordinance to
establish sufficient funds in the Collection Line Trust Fund to carry out the purpose of the
Platting Ordinance.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
27.c. MOTION NO. 2005-442
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 12-inch over-size, over-
depth pve 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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez
were absent.
Minutes - Regular Council Meeting
December 20, 2005 - Page 18
27.d. ORDINANCE NO. 026586
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).
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
Mayor Garrett referred to Item 28.a., and a motion was made, seconded, and passed to
open the public hearing on the following issue:
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.
Assistant City Manager Margie Rose reported this item was resulted from one of the
Council's priority issues, neighborhood development. She said the passage of this item on first
reading would amend the Zoning Ordinance to allow for development on smaller, non-
conforming lots of record. Assistant Director of Planning Michael Gunning added that a survey
conducted in the late 1990s found that there were approximately 3,200 nonconforming lots in the
city that did not meet minimum single-family development requirements for lot width and lot
area. He said the proposed zoning text amendment would allow the redevelopment of these lots
for single-family homes provided they are less than 4,500 square feet in lot area and at least 25
feet in lot width. In addition, the sideyard setbacks would be no less than three feet on each side
to create a six-foot separation between buildings. He said the goal was to encourage in-fill lot
development in the city's older neighborhoods, where the nonconforming lots were
predominantly found.
fhere were no comments from the public. Ms. Cooper made a motion to close the public
hearing. seconded by Mr. Garcia, and passed. Mr. Chapa announced that Mr. Noyola would be
abstaining from the vote and discussion on this item. City Secretary Chapa polled the Council
for their votes as follows:
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.
The foregoing ordinance was passed and approved on its first reading with the following
vote: Garrett, Chesney, Cooper, Garcia, Kelly, and Scott, voting "Aye"; Noyola
abstained: Kinnison and Marez were absent.
Minutes - Regular Council Meeting
December 20, 2005 - Page 19
Mayor Garrett referred to Item 29.a., and a motion was made, seconded, and passed to
open the public hearing on the following issue:
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.
City Engineer Angel Escobar asked the Council to table this item until January 24, 2006
to allow staff to meet with property owners and developers. Mr. Scott made a motion to table
Item 29 as recommended by Mr. Escobar, seconded by Mr. Garcia, and passed. There were no
comments from the audience. A motion was made, seconded, and passed to close the public
hearing.
29.b. TABLED UNTIL JANUARY 24, 2006
First Reading Ordinance /\.mending 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 1\irline Road 'Nest to Cimarron Boulevard and reconfigure Master Channel 27
drainage basin.
Mayor Garrett referred to Item 30.a., and a motion was made, seconded, and passed to
open the public hearing on the following issue:
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.
Assistant City Manager Oscar Martinez reported that last week, the Council had
approved approximately $9 million in Commercial Revitalization Deductions from 2005
Renewal Community funds. As one of 40 designated Renewal Communities nationwide, the
City can nominate $12 million in deductions each year during the designated period. Thus,
today staff was requesting authorization to use the $3.2 million balance for the Corpus Christi
Biodiesel LLC project. The funds would be used to construct a Biodiesel plant located on the
Corpus Christi Ship Channel, expected to produce 30 million gallons of biodiesel a year and to
create 19 new jobs. Additionally, staff was requesting Council approval of the Corpus Christi
Renewal Community Local Strategic Plan as required by the federal government, essentially the
same plan adopted last year at this time. He said staff was required to receive authorization to
submit the plan to the State by December 31, 2005.
There were no comments from the public. Ms. Cooper 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:
Minutes Regular Council Meeting
December 20, 2005 - Page 20
30.b. RESOLUTION NO. 026587
Resolution nominating a project 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, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez
were absent.
30.c. RESOLUTION NO. 026588
Resolution adopting the Corpus Christi Commercial Revitalization Local Strategic Plan.
The foregoing resolution was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez
were absent.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 31, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 1105-02, JJAR Development, LLP.: A change of zoning from "F-R" Farm-
Rural to a "R-IB" 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.
City Secretary Chapa said the Planning Commission and Staff recommended the
approval of an "R-I B" One-family Dwelling District.
No one spoke in opposition to the zoning change. Ms. Cooper 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:
31. ORDINANCE NO. 026589
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-
IB" One-family Dwelling District; 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, Cooper. Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
Minutes - Regular Council Meeting
December 20, 2005 - Page 21
Mayor Garrett referred to Item 32, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
Case No. 1105-05, David Z. Conoly: A change of zoning from a "R-IB" 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.
City Secretary Chapa said the Planning Commission and Staff recommended approval of
a "F -R" Farm-Rural District.
No one spoke in opposition to the zoning change. A motion was made, seconded, and
passed to close the public hearing.
32. ORDINANCE NO. 026590
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,
trom "R-IB" One-family Dwelling District to "F-R" Farm-Rural District; 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, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
Mayor Garrett referred to Item 33, and a motion was made, seconded, and passed to open
the public hearing on the following zoning case:
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.
City Secretary Chapa said the Planning Commission and Staff recommended the 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.
No one spoke in oppositIOn to the zoning change. Ms. Cooper made a motion to close
the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the
Council for their votes as follows:
Minutes - Regular Council Meeting
December 20, 2005 .- Page 22
13. ORDINANCE NO. 026591
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.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting
"Aye"; Kinnison and Marez were absent.
Mayor Garrett opened discussion on Item 34, and a motion was made, seconded, and
passed to open the public hearing on the following zoning case:
Case No. 1105-07, Arriba Development: A change of zoning from a "R-IB" 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 3 7 at the intersection of Session Road.
City Secretary Chapa said the Planning Commission was recommending approval of a
"B-4" General Business District. Staff was recommending denial of the "B-4" General Business
District, and in lieu thereof, approval of a "B-1" Neighborhood Business District. He said the
ordinance hefore the Council today reflected the Planning Commission's recommendation.
Assistant Director of Development Services Michael Gunning reported that the applicant
had requested a zoning change from "R-I B" One-family Dwelling District to a "B-4" General
Business District for marketing the development of a commercial business facility. The
applicant was requesting the rezoning for speculative purposes only; thus, no specific
development plans were available. The subject property was at the northwest comer of Sessions
Road and Up River Road, with Up River Road being the frontage road for IH-37 at this location.
The property was vacant, with existing low-density residential uses to the west and vacant land
on the north and east sides.
Regarding access, Mr. Gunning said TxDOT had indicated that the intersection of a local
street like Sessions Road, the frontage road, and a driveway from the subject property could
create a tratlic safety issue. TxDOT has indicated that a driveway from the subject property may
be possible if the driveway was located at the extreme western edge of the subject property. A
tinal determination on driveway location would be made when the property was proposed for
platting.
Mr Kelly asked the applicant to discuss their request. Mr. Victor Gutierrez with Coym,
Rehmet, and Gutierrez, representing the applicant, Mr. Marcial Ramirez with Arriba
Development, provided an aerial photo of the subject property site. He said the off-ramp and on-
ramp on IH-37 provided easy access to the site. In response to Mr. Garcia's question, Mr.
Gutierrez said TxDOT was amenable to a 40-foot wide driveway on the western portion of the
site. Mr. C:Tutierrez said that Mr. Ramirez owned the property to the north and northeast of the
Minutes - Regular Council Meeting
December 20, 2005 - Page 23
subject property, and did have a residential development plan for this area. He said the subject
property was expected to develop at approximately the same time. He also noted that the
Planning Commission had unanimously approved their zoning request. Mr. Ramirez added that
he felt the "B-4" zoning would be appropriate for this site because it could be accessed from the
IH-37 on-ramp and off-ramps. He said he did not want to limit the marketability of the property.
Mr. Gutlerrez concluded that the applicant supported the Planning Commission's
recommendation.
Mr. Gunning stated that Sessions Road was a local residential street, and thus was under
the jurisdiction of the city. Based on the city's driveway ordinance, the applicant would not have
access to Sessions Road.
Mr Kelly noted that Planning Commissioner Pus ley was absent when this case came
before the Commission, and he was the Commissioner most familiar with this area. He stated
that the applicant was seeking the zoning change solely to market and sell the property,
otherwise known as speculative zoning. He said the community would not know what the
ultimate use for the property would be. He asked Mr. Gutierrez if the applicant had spoken with
the neighborhoods and the school district about their plans. Mr. Gutierrez replied negatively, but
noted that the neighbor directly across from the subject property on Sessions Road had spoken in
favor of the development. Mr. Kelly asked if the applicant would be amenable to tabling the
application to speak with the school district and neighborhood representatives. Mr. Gutierrez
answered affirmatively. Mr. Gunning added that he had just received a letter from the Tuloso-
Midway Independent School District Board president indicating that they were opposed to the
"'B-4" zoning and preferred the "B-1 A"' zoning.
There were no comments from the public. A motion was made, seconded, and passed to
close the public hearing. Mr. Kelly made a motion to table the item until January 10, 2006 to
allow the applicant to speak with the school district and the neighborhood, seconded by Ms.
('ooper. and passed
34. TABLED UNTIL JANUARY ]0,2006
,^unending the Zoning Ordinance, upon application by "^~rriba DC'lelopment by ehanging
the zoning map ifl reference to 2.5 acres out of B.S. & F. Survey 119, j\.bstract 570,
Nucces County, from "R 1B" One family Dwelling District to "B 1" General Business
District; amending the Comprehensive Plan to account for any deviations from the
existing Comprehensi','e Plan.
Mayor Garrett referred to Item 35. and a motion was made. seconded, and passed to open
the public hearing on the following zoning case:
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 ofInterstate Highway 37, 350 feet east of Carbon Plant Road and 3,100 feet
west of Rand Morgan Road.
Minutes - Regular Council Meeting
December 20, 2005 -- Page 24
City Secretary Chapa said the Planning Commission recommended approval of a "B-4"
General Business District. Staff recommended denial of the "B-4" General Business District,
and in lieu thereof, approval of a "B-1" Neighborhood Business District. He said the ordinance
before the Council reflected the applicant' s request.
Assistant Director of Development Services Michael Gunning reported the applicant was
requesting a change in zoning from "R-l B" One-family Dwelling District to an "1-2" Light-
Industrial District on a 6.76-acre tract. The purpose of the request was to establish a vehicle
Impound and auction yard use on the subject property. The Planning Commission and staff
recommended denial of the "1-2" Light Industrial District on November 2,2005. Since that time,
additional meetings were held between the applicant, school district, and the surrounding
neighbors. Consequently, the applicant submitted a written request withdrawing their
application for an "1-2" Light Industrial District and instead requesting a "B-IA" Neighborhood
Business District. He said staff recommended approval of the "B-1 A" Neighborhood District.
Me. Gunning displayed a map of the subject property and the surrounding area. Access
for the subject property was provided along the IH-37 frontage road and the eastbound on-ramp,
east of Carbon Plant Road. The secondary access point was along Up River Road, a collector
that serves the Rolling Acres subdivision to the south. The subdivision was developed with
single-family residential homes from Up River Road southwards to Leopard Street.
Mayor Garrett asked for public comment. Pastor John Smith with the First Family
Church stated that once he was aware that their zoning change request was controversial, he
worked with the neighbors and school district to try to reach a compromise. He said the church
needed to sell the property because they planned to use the proceeds to finance a church building
on the three adjacent acres. He said the church was in favor of the "B-IA" zoning.
Me. Kermit Sultemeier, 818 Alden Drive, and Mr. William B. Eddie, 10027 Up River
Road, spoke against the zoning change. They felt the applicant was engaging in speculative
zoning to increase the marketability of the subject property at the expense of the neighborhood.
Mr. Scott made a motion to close the public hearing. seconded by Mr. Garcia, and passed.
Me. Kelly spoke in favor of statTs recommendation, saying the "B-IA" zoning would
limit the commercial uses of the properties near neighborhoods to ensure that they would not be
offensive. He was convinced that there was a low likelihood that the subject property would be
developed as residences since it abutted the highway. Thus, he felt the commercial development
ltmits in the "B-1 A" zoning would be a good compromise, given all the circumstances in the
case.
\1r Kelly made a motion to amend the ordinance to reflect Staffs recommendation, the
denial of the "I-X' Light Industrial District and in lieu thereof, approval of a "B-IA"
Neighborhood Business District. seconded by Ms. Cooper, and passed. City Secretary Chapa
polled the Council for their votes as follows:
Minutes - Regular Council Meeting
December 20, 2005 - Page 25
35. ORDINANCE NO. 026592
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 I, Lot I, First
Family Church Tract, from "R-1B" One-family Dwelling District to "B-1A"
Neighborhood Business District; 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 as
amended with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Noyola, and
Scott, voting "Aye"; Kinnison and Marez were absent.
Mr. Glenn Kost, 9726 Wilkins Drive, spoke regarding Item 34, saying he was in favor of
the tabling of the Arriba Development zoning case. He asked the City to make more of an effort
to inform the public.
* * * * * * * * * * * * *
Mayor Garrett referred to the presentations on the day's agenda. The first presentation
was Item 36, a report on the results of Bayfest 2005. Bayfest General Co-Chair Barbara Milfelt
reported that the 2005 festival almost didn't take place because Bayfest had suffered financial
setbacks in 2002, 2003, and 2004 due to poor weather and decreased attendance. After Bayfest
2004, the Bayfest Board of Directors was faced with debt and no available funds. In early
November 2004, the Bayfest Board of Directors decided to eliminate two full-time staff positions
and bring office expenses to a minimum. The Board and General Chairs contacted "partners"
asked them to reduce or forgive the festival's 2004 debt. She said 18 "partners" forgave all or
part of the debt, which made a 2005 festival possible. On April 1, 2004, the Board cleared all
debt and began 2005 festival planning.
Ms. Milfelt stated the 2005 festival mISSion was to focus on the following aspects:
affordable family fun; reduced admission price from $7 to $5; increased attendance; having a
smaller footprint with fewer stages, yet maintain a good level of entertainment within budget;
renewing sponsorships; and incorporating the new American Bank Center into the festival
footprint.
Ms. Milfelt reported that over 300 sponsors contributed to the 2005 festival. Of these
sponsors, at least 10 were new "partners". The title sponsor was H-E-B, which was celebrating
their IOOth birthday. In addition. she reported there was a recycling partnership between the City,
the Buccaneer Commission, and Bayfest. Finally, she said the Regional Transportation
Authority (R.T.A.) had continued its partnership with Bayfest by providing free shuttle service.
Ms Milfert was happy to report that the Bayfest 2005 outcome was successful, with
beautiful weather and increased attendance of 80,000. She said over 1,000 individuals enjoyed
the ice-skating rink at the American Bank Center, thanks to a partnership between the center and
the Corpus Christi Ice Rayz. In total, the festival distributed over $150,000 to the participating
non-profit agencies who participated.
Minutes - Regular Council Meeting
December 20, 2005 - Page 26
Ms Milfert thanked the City of Corpus Christi, especially the Park and Recreation, Solid
Waste, and Police departments, for their assistance. She also thanked the many commercial
sponsors, saying the festival would not have been possible without their support. Finally, she
announced that Bayfest 2006 would be held on September 29-30 and October 1, 2006, their 30th
anniversary. She encouraged everyone to mark his or her calendars.
* * * * * * * * * * * * *
Mayor Garrett referred to Item 37, an update on the proposed re-use and rehabilitation of
the Memorial Coliseum. City Manager Noe announced that in the interest of time, he would
quickly summarize the presentation. The briefing included a timeline on the process, and said
staff would be bringing a presentation forward on January 24. He stated that tomorrow was the
deadline for submission of proposals. He said staff would keep the Council informed on the
process as It progressed.
Mr Kelly asked staff how many proposals they anticipated receiving. Mr. Noe replied
staff requested RFPs from the four companies that submitted proposals through the RFQ process.
He said staff was hopeful that they would receive proposals from all four companies.
* * * * * * * * * * * * *
Mayor Garrett opened discussion on Item 39 regarding the City's Request for Proposal
(RFP) for a recyclery. Assistant City Manager Ron Massey provided an update on the existing
recycling program. and then covered the new recyclery contract. Mr. Massey stated the city's
primary recycling program consisted of the following elements: curbside collection, three city
drop-off centers, clean brush pick-up, drop-off metal bins at the landfill, and hazardous
household waste quarterly collections.
Mr. Massey reviewed a chart depicting the city's landfill diversion rates between FY
~002 to FY 2005. While the city's landfill diversion percentages had decreased from 17.8
percent to 10.7 percent over this period, the total amount diverted had decreased less than the
amount of trash has increased.
Mr Massey reviewed a graph depicting the recycling revenue generated by the city's
curbside and drop-off centers. With the exception of 1995, the revenues were minimal at best.
He said the revenue stream was determined by what the recyclery earned for selling the recycled
materials once they deducted their operation costs. Currently, the recyclery operation was
breaking even.
Mr. Massey covered the city's current residential recycling program. First, he said the
curbside pick-up frequency was every two weeks, and the recyclables were separated at curbside.
In addition, the city operated three city drop-off centers manned by three temporary workers.
The materials collected were paper, metal, plastic, and glass. The FY 2005-06 budget was
$1,077,582 Mr. Massey said the fleet of eight vehicles was currently 13 years old. Finally, he
said the program operations included the following staffers: one foreman; eight heavy
equipment operators, 14 refuse collectors, and three temporary workers.
Minutes - Regular Council Meeting
December 20, 2005- Page 27
Mr. Massey discussed the challenges the city faced in operating a recycling program.
First, he said the State of Texas lacked mandatory recycling legislation, so the city must rely on
voluntary recycling participation. Second, he said the city was challenged with maximizing
diversion rates at the least cost. Third, there was a limited market for certain recyclable waste
streams in this region, such as glass. Fourth, since the city had a voluntary recycling program,
the program was focused on residential generators only, not commercial or industry customers
(except through the drop-off centers). Fifth, the costs of the recycling program can be attributed
to how much time was spent picking up and separating materials at curbside. Ideally, the
recyclables would be co-mingled in the truck at curbside and then delivered to a recyclery for
sorting. Sixth, the collection frequency affected participation, with increased participation rates
being associated with more frequent collections. Seventh, the State of Texas did not encourage
or require the purchase of recycled products. Eighth, a continuing education program was
needed to keep the citizens informed on the benefits of recycling to encourage participation.
Finally. he said a viable market was important to attract recycleries.
Mr. Massey stated stat! had approached the Council with a number of residential
recycling options two years ago. The options included keeping the existing program frequency
of every two weeks; reducing the service level to every three weeks; enhancing the service level
to every week; or only using drop-off centers. He discussed the options in more detail.
Mr. Massey briefed the Council on the recommended recyclery contract with Dolphin
Recycling. Since 1993, BFI had served as the city's recyclery. In August 2005, staff issued an
RFP for a new recyclery contract and requested proposals for the following options: residential
recyclable processing and drop-off centers with additional recycling enhancements; single stream
curbside collection by the city and processing by the contractor; or single stream curbside
collection and processing by the contractor.
Mr Massey stated that the cIty received one proposal in response to the RFP from
Dolphin Recycling. noting that a second proposal was received past the proposal deadline, and
thus could not be considered. The Dolphin Recycling operation was located on Leopard Street in
the vicinity of the Crosstown Expressway and IH - 37. He said the facility location supported the
city's current recycling truck routes and was of adequate size. Dolphin Recycling accepted the
same materials as the city's current operation (e.g. paper, metal, and plastic) except for glass.
Mr Massey covered a number of service enhancements resulting from the Dolphin
Recycling contract. First, he said Dolphin Recycling would assume total responsibility for
operations of the three city recycling drop-off sites, including staffing. Second, Dolphin
Recycling would implement a recycling program to any City department requesting a service,
mcluding all equipment. education. and monitoring to ensure a successful program. Third, they
would provide in-kind support for all city recycling programs, including city events, NIP, and
special school programs.
Mr. Massey discussed additional efforts to enhance recycling and reduce expenses,
primarily by maximizing the clean brush loads. Staff was preparing to issue an RFP to grind,
process. and distribute mulch/compost product from clean brush, and to process, grind, and
distribute concrete for re-use.
Minutes - Regular Council Meeting
December 20, 2005 - Page 28
In conclusion, Mr. Massey stated staff made the following recommendations: approval
of the contract with Dolphin Recycling; increased emphasis on residential recycling and clean
brush loads; continued pursuit of additional recycling contracts; and implementation of a pilot
program for enhanced residential recycling when funding was available. City Secretary Chapa
polled the Council for their votes as follows:
39. MOTION NO. 2005-443
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-0140-05, 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.
The foregoing motion was passed and approved with the following vote: Garrett,
Chesney, Cooper, Garcia, Kelly, Noyola, and Scott, voting "Aye"; Kinnison and Marez
were absent.
* * * * * * * * * * * * *
Mayor Garrett called for the City Manager's report. City Manager Noe announced the
city's holiday schedule, saying the city would be closed on December 26 and January 2. He also
announced that the city, in conjunction with Northrup Gromman, was selected by the U.S.
Conference of Mayors to receive an Outstanding Achievement A ward for Best PubliclPrivate
Partnership for the WiFi project. He said Mayor Garrett would accept the award at their
Washington D.C. conference in January.
Mayor Garrett asked if the city was going to be providing trash pick-up on Monday,
December 26. City Manager Noe replied negatively. Mayor Garrett wished everyone a Merry
Christmas, and thanked the Council for a productive year in 2005.
Mayor Garrett called for Council reports. Mr. Noyola wished the Council, staff and the
citizens a Merry Christmas and a Happy New Year. He also asked if the city's 78415 Committee
meetings could be held at South Park School because the residents in this area had expressed a
desire to be more informed about committee business. Mr. Noe stated he did not know where or
how often the committee met now, but he would look into the matter and see if it was possible.
In response to Mr. Noyola's question, Mr. Noe said staff would mail notices to area residents
advising them about the meeting location.
Ms Cooper announced that the next town hall meeting would be held at 6:00 p.m. on
January 9,2006 at Kaffie Middle School. She wished everyone a Merry Christmas and a Happy
New year, saying 2005 was an unusual year, but she looked forward to a successful 2006.
Mr. Garcia wished everyone a Merry Christmas and Happy New Year. He also asked if
the Sign Committee was meeting next month. Assistant Director of Development Services
Michael Gunning reported that staff held its fourth meeting with stakeholders groups last week.
Minutes - Regular Council Meeting
December 20, 2005 - Page 29
He said he had incorrectly stated at the last Council meeting that the real estate companies had
not been informed about the meetings, when in fact they had been informed. An additional
meeting would be held the first or second week of January, including representatives from six
businesses, six neighborhood associations, and three members of the sign industry. He said he
would forward the names of the representatives and the meeting times to Mr. Noe for the
Council's information. Staff anticipated that the first public hearing would be held on January
25, with the proposed sign amendments to be presented before the end of the Saratoga Boulevard
SIgn moratorium. He said he would share the proposed timeline with City Manager Noe to
forward to the Council. Mr. Garcia thanked the City Manager and staff for their efforts to
mvolve a cross section of community.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 3:30 p.m. on December 20,2005.
* * * * * * * * * * * * *
2
a, CABLE COMMUNICATIONS COMMISSSION - One (1) vacancy with term to 7-27-07.
DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement
approved by the City Council, recommend regulations, encourage, develop and promote the use of
access channels, assure that access channels offer a diversity of programming and services, work with
user groups to develop sources of funding, conduct evaluations of the cable system and review and audit
reports, and advise the City Council on rate adjustment requests.
COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the
City Council. No person or employee with ownership interest in a cable communications franchise
granted by the city shall be eligible for membership on the commission. Each commission member shall
be at the time of appointment, or shall become within thirty days after appointment or the availability of
cable service, a subscriber to a cable communications system holding a franchise in the city. The
commission shall select from its membership a chairperson and a vice-chairperson whose terms shall be
one year.
MEMBERS
Juan Garcia, Jr., Chair
Dr. Bruce Nelson Stratton
Robert A. White
****Sylvia Dancer
Stephen R. West
TERMS
7-27-06
7-27-08
7-27-08
7-27-07
7-27-06
ORIGINAL
APPTD.DATES
9-23-03
7-12-05
7-12-05
7-10-01
10-11-05
****Has exceeded the number of absences allowed by ordinance
INDIVIDUALS EXPRESSING INTEREST
Fred Greenberg
Semi -Retired, Help Seniors Get Online. Attended The
University of Pennsylvania Wharton School of Finance.
Received a Real Estate brokers License. Former member
and Chairman of the Nueces County Appraisal District,
Animal Control Board member, and Building Standards
board member. (9-27-05)
Connie Gutierrez
Attended Del Mar College. Founder of the Corpus Christi
Morning Coffee Group. Activities include: Police
Association, Democratic Chairman for the Texas
Democratic Party and precinct chair. (10-08-05)
Sandra L.'\1addox
Marketing, KTOV UPN Television. Attended Del Mar
College, Southwest University and U.S. Air Force.
Activities include: Chamber of Commerce Ambassador
Chair, HSMA and Leadership Corpus Christi. (5-24-05)
Hortencia B. Sanchez
Certified as an Office Clerk from Legal Assistant
Associates. Pursuing a B.A. in Telemarketing and minor in
International Law. Activities include: certified Director of
Religious Education, Legal Assistant Association, and
Executive Liaison of the City P.T.O. at Haas Middle
School. Received the "Who's Who" Award from Junior
College. (2-24-05)
Latrice M Sellers
Department Head/FSMIV, Texas Department of Criminal
Justice. Received A.A. in Communications from Del Mar
College. Activities include: Steering Committee for Flour
BluffI.S.D. Educational Foundation, cable access show
"Community Outreach", and State Democratic Executive
Committee for Women. (2-23-05)
b. COMMISSION ON CHILDREN AND YOUTH - One (1) vacancy with term to 5-01-07 representing
the category ofY outh.
DUTIES: To support a comprehensive system of services and advance policies to meet the needs of
Corpus Christi's children, youth and their families.
COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One
member shall be representative of each of the following fields: Health, Social Service, Religion, Legal,
Law Enforcement, Education, Business, Youth Services, Sheriff s Office, and the District Attorney's
Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment.
Each appointee shall have demonstrated interest in the welfare of children or youth through occupation
or through association with community-based organizations. (On 10-10-95, Council approved the
addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.)
MEMBERS
Vicky Alexander (Health), Chair
Miles Toren (At Large)
Amanda Stukenberg (At Large)
George "G" Johnson (Social Services)
Sheri Phillabaum (Religion)
Laura Spear Smith (Business)
Gu y Nickelson (Youth Services)
Drew Reining (Education)
Liana Gonzales (At Large)
Penny Grochow (Law Enforcement)
Lauren Ranly (Legal)
***Brian Silva (Youth Rep.)
Coretta Graham (D.A.'s Office)
Lt. Martin Arnold (Sheriffs Office)
Capt. Tim Wilson (Police Off.)
Dr. Philip Rhoades
TERMS
5-01-06
5-01-06
5-01-07
5-01-08
5-01-07
5-01-08
5-01-06
5-01-07
5-01-08
5-01-08
5-01-06
5-01-07
5-01-06
5-01-07
Advisory
Advisory
ORIGINAL
APPTD. DATES
2-12-02
9-20-05
6-08-04
5-17-05
5-17-05
5-17-05
11-08-05
2-12-02
6-11-02
7 -09-02
3-19-02
6-08-04
5-17-05
5-17-05
12-06-95
8-16-94
***Resigned
INDIVIDUALS EXPRESSING INTEREST
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. (Youth)
(1-04-06)
Caitlin Martin
Sophomore, Richard King High School. Activities include:
Tennis Team, Destination Imagination team, S1. John's
UMC Youth Group, and volunteer at Wesley Community
Center. (Youth) (1-05-06)
3
AGENDA MEMORANDUM
DATE: January 10, 2006
SUBJECT: North Beach Area Improvements (Bond Issue 2004)
Amendment No.1
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment NO.1 to the
contract for professional services with John Wright, Architect of Corpus Christi, Texas, in
the amount of $53,313 for a total re-stated fee of $59,813 for the North Beach Area
Improvements (Bond Issue 2004)
ISSUE: This project was approved November 2,2004 in the Bond Issue 2004 Package
under Proposition NO.1 Street Improvements. This AlE contract amendment is required to
provide final design, bid and construction phase services and requires the approval of City
Council before work may begin.
FUNDING: Funds for this project are available in the Fiscal Year 2005 Capital
Improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
I
~ fL. t/~~~h
Angel R. Escobar, P.E.,
Director of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "8" Contract Summary
Exhibit "e" Location Map
':UHOME\l YNDAS\GEN\PARKS\Bond Issue 2004\6287 Nort"J?~,lLAJe"Lmp\AmendrT)enl No1 \AqendaIMemorandumdot;
BACKGROUND INFORMATION
SUBJECT: North Beach Area Improvements
BOND ISSUE 2004 PROJECT
PRIOR COUNCIL ACTION:
1. November 2,2004 Resolution expressing official intent to reimburse costs of the 2004
Bond Capital Improvement Projects (Resolution No. 026015).
2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2,2004, in the City of Corpus Christi for the adoption
of five bond propositions; adoption of a permanent ad valorem tax freeze on residents
homesteads of persons 65 years of age or older or disabled persons and eligible
spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi
(Ordinance No. 026022).
~ March 29, 2005 - Approval of the FY 2004-2005 Capital Improvement Budget for
$178.074,800 (Ordinance 026188).
4.
PRIOR ADMINISTRATIVE ACTION:
1 . AUQust 26, 2004 - Distribution of Request For Qualifications (RFQ) No. 2004-03 Bond
Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
March 25. 2005 - Addendum NO.1 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
AprilJ 3, 2005 - Addendum NO.2 to the Request for Qualifications (RFQ) No. 2004-03
Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
AUQust 5, 2005 - Administrative approval of a small AlE agreement to John Wright,
Architect in the amount of $6.500 for the North Beach Area Improvements for an
Engineering Letter Report.
~..;,
.,
L~ ,
FUTURE COUNCIL ACTION: Approval of construction contract to complete the project as
required
PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an
election to consider a number of ballot propositions to fund major capital improvements for the
community. Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces
County and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem
property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public
Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for growth,
and protect the City's investment in its infrastructure.
EXHIBIT" A"
Pa e 1 of 3
!OMPL -y'ND/~S\(--(:. MPARKS\f3c'!1'J Issu'e )004\E281 Ncrlh BRach /.;re] frno\Arnendmen! Nc ~ ,i\genda\AGENDA BACKGROUND,doc
PROJECT DESCRIPTION:
Under this Hond Issue 200ft voter apprc:ved project, funding wil! provide for improvements to the
North Beach area to include:
.. Phase II continuation ot the Boardwalk development project (approximately 2,500
linear feet).
· Improvements to the tOUrist district, Including:
new sidewalks
new driveways,
~ directional and regulatory traffic and tourist signage
,; ADA accessibility improvements, and
· Landscaping and other pedestrian amenities for Timon Boulevard
SPECIFIC CONTRACT TASKS:
1) Perform field investigation as required to define specific areas of demolition and new
work, equipment, locations, tie-in point, and other applicable parameters required to
complete the items as shown on this Task List and as per the scope of work defined in
the Letter Report.
2) Attend and participate in project start and planning meetings (2 meetings) with City
staff to discuss planning and conceptual design. Gather information and perform
close coordination with the Park & Recreation Department and Engineering
Department staff.
3) Develop a preliminary construction schedule and sequencing plan that includes all the
items as shown on this Task List. This schedule will include procurement,
construction, testing, coordination, and provision for minimum interruption of services
and construction schedules with planned Capital Improvement Program (CIP) funding.
4) Prepare one (1) copies of a pre-final design submission including data collected and
conceptual cost estimates for the anticipated equipment, civil/site work, electrical, and
related construction costs for all the items as shown on this Task List.
5) Review with City staff, revise, and furnish one (1) copy of final design and bid
documents.
6) Perform periodic construction site visits to ensure compliance of project is in accord
with the approved plans, specifications and drawings.
The Engineer shall perform the above Services by considering the essential project
parameters including the following:
o Verify project site parameters
o Conduct field survey of determined site
o Perform topographic survey as additional services
EXHIBIT "A"
Pa e 2 of 3
'H'HOMEIl YNDPSIGFNIPARKSIBon<J issue 2004\6287 - North Beach Area trnplAmendment No 1\Agenda\AGENDA BACKGROUND.doc
Prepare probable construction cost estimates
Prepare rnformal interim design documents
Participate in an interim design review meeting
F)repare and distribute meeting minutes
Prepare final design and bid documents
PROJECT APPROACH:
The Engineering Services and Park & Recreation Departments met formally on several
occasions with interested parties in the North Beach Area concerning the North Beach Area
Improvements project financed by Bond Issue 2004. These meetings included the Friends of
the Corpus Christ Beach, Corpus Christi Beach Association and the executive directors of the
L_exington and the Texas State Aquarium. John Wright, the project architect, was present at
all meetings to assist in answering questions. The purpose of these meetings was to listen to
the concerns of the area residents and business owners and present current project
rnformation including preliminary project scope and budget. Input was solicited from each
group and responses were received both verbally and in writing. Using this information, a
specific project scope was developed within the approved budget and the information was
presented once again to the four interested parties. All groups have accepted the
recommended scope as presented in the final Engineering Letter Report. This amendment
will provide for the design of the approved recommendations.
CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit B.
· FINAL PRODUCT: Design, Bid and Construction services will result in significant
improvements to the North Beach Area.
EXHIBIT "A"
Pa e 3 of 3
HOMEII YNDAS\GFN'PARKSIBonc Issue 2004\6)87 NUlh Beach Area II'l,Mmendmenl No 1\A.gendaIAGENDA BACKGROUND.doc
CITY OF CORPUS CHRISTI
AMENDMENT NO 1
CONTRACT SUMMARY
The City of Corpus Christi, Texas hereinafter called "City", and John Wright Architect,
hereinafter called "Architect", agree to the following amendment to the Contract for
Professional Services for North Beach Area Improvements
as authorized by:
o rigln a-I Contract August 5, 2005 I.Administra~ve-p\pprQ~C!LJ__ $6,500.00 J
1. SCOPE OF PROJECT (North Beach Are Improvement Bond 2004 Project, #6287)
The consultant will implement proposed improvements in the North Beach area to include
Phase II continuation of the boardwalk development (approximately 2,500 linear feet),
Improvements to the tourist district, including new sidewalks and driveways, directional and
regulatory traffic and tourist signage, and ADA accessibility improvements. Also included is
landscaping and other pedestrian amenities for Timon Boulevard.
2. SCHEDULE
PROPOSED PROJECT SCHEDULE
---~ ---- -
DAY DATE ACTIVITY
Monday January 16, 2006 Begin Design Phase
Friday February 24, 2006 Pre-Final Design Submission
-...--
Tuesday March 10, 2006 City Review
Tuesday March 17, 2006 Final Design and Bid Documents
Monday (2) March 27 / April 3, 2006 Advertise for Bids
Tue/Wed/Thu April 11, 2006 Pre-Bid Conference
~- ~
Wednesday April 19, 2006 Receive Bids
--...--------.---
Monday May 2006 Begin Construction
Weekday October 2006 Construction Completion
Contract Summary
Page 1 of 3
':.c ~TE~;
A. Fee for Basic Services. The City will pay the AlE a fixed fee for providing for all
"Basic Services" authorized as per the table below. The fees for Basic Services will
nut exceed those identified and will be full and total compensation for all services
outlined in Section I.A 1-4 above, and for all expenses incurred in performing these
services. For services provided in Section I.A.1-4, AlE will submit monthly
statements for basic services rendered. I n Section 1.A.1-3, the statement will be
based upon AlE s estimate (and City Concurrence) of the proportion of the total
services actually completed at the time of billing. For services provided in Section
I.A.4, the statement will be based upon the percent of completion of the construction
contract City will make prompt monthly payments in response to AlE's monthly
statements
B. Fee for Additional Services. For services authorized by the Director of
Engineering Services under Section LB. "Additional Services" the City will pay the
AlE a not-to-exceed fee as per the table below:
Contract Summary
Page 2 of 3
C. Summary of Fees
--- -- "------.,-------.-
i r ee for Basic Services
[-original Contract-=--August~5 ------ - ------ ------
2005 $6,500.00
I- ----~--------~._--- ----..--
;
f--------------------- ------- - - -.-- ---
I AMENDMENT NO. I
- -------------- --- ----- ----- f---
BASIC SERVICES
--- - ----- - ------- ---- -----
Design Phase Services $41,013.00
------------- -- --- ,--------,-.,,-..,.,, ---~._---
Bid Phase Services $660.00
i--- . '--"---"-'-'----'-
Construction Phase Services $2,050.00
f..---- --_.~._-------.
Subtotal Basic Services Fees $43,723.00
1------------
~ Fee for Additional Services (Allowance)
I -, Permit Preparation (as applicable)
I
Wetlands Delineation and Permit
NPDES Permit/Amendments
I Texas Historical Commission
I
U.S. Fish and Wildlife Service
U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
Texas Department of License and Regulation
Total Permitting $620.00
ROW Acquisition Survey TBD
f-----
3. Topographic Survey (AUTHORIZED) $8,310.00
f---
4. Environmental Issues TBD
5. Warranty Phase $660.00
Sub-Total Additional Services Fees Authorized $9,590.00
Total Authorized Fee for Amendment No.1 $53,313.00
1---
Restated Fee for Original Contract and Amend No.1 $59,813.00
'- - ----- -
Contract Summary
Page 3 of 3
r--
,
".m, !(!
,," / I
h'::~"
-,.~.. -f -~~
~
N
'it'
?i
Ii
~,
$.;
--.:.:~
I '",
I' \'Q, .>
"'~~ .
~\i. '. }\< '~r ~
~: ~ ~
~I il ~
"
~~.,
J;R~~E~;~oc~r/~~1
ti~ 4~__,~
i~
, II~:':; f~~;
~ I ~=.~., ~. ..~
,
...
~I
VICINITY MAP
NOT TO SCALE
~
\
-t-- ....-/..............
I
--.. I
U S ~81.......... J..... .... .ji;"iliilllii ..;.:i;~.i-;;~l.i..~-~~~.._~t\j,.1 ~I? n
-. rr( -~
, · · · :,~. v I 1 II ~ '-1'~"
I ,,,, a)1 '.
. ! :.
I I
I '... I
II f< :
I
~ I
1~ .. ...............................,
..~~...........-
~~--'~..._..~--.I
r---"--'
iBlvu
\" i
\'-.0,:
Por-k
CJC
PROJECT SITE
VICINITY MAP
NOT TO SCALE
CITY PROJECT NO. 6287
EXHIBIT "C"
NORTH BEACH AREA IMPROVEMENTS
(Bond Issue 2004)
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 01-04-2006
La
--
- -
- -
~~
4
AGENDA MEMORANDUM
City Council Action Date: January 10, 2006
SUBJECT: Concrete Lined Channel Rehabilitation -- Flynn Shea Parkway Ditch
(Project No. 2248)
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to award a
construction contract to Cravens Partners, Ltd. from Houston, Texas in the amount of
$314,632 for the Concrete Lined Channel Rehabilitation - Flynn Shea Parkway Ditch.
ISSUE: This project is part of the Council-approved $55 million drainage improvement
projects. Various concrete lined channels and bridges located throughout the City are
deteriorated and require repair and rehabilitation. The Flynn Shea Parkway Ditch project,
located between Saratoga Boulevard and Tiger Lane, involves the removal of corrugated
metal pipe and replacement with reinforced concrete pipe. The project has bid and is ready
for construction which requires Council approval.
FUNDING: Funding is available from the FY 2004-2005 Storm Water Capital Improvement
Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
r
'I:~
I R. Escobar, P.E.
irector of Engineering Services
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Bid Tabulation
Exhibit "C" Project Budget
Exhibit "0" Location Map
HIHOME\Rachelle\GENIDrainageI2248IAgenda Memo doc
BACKGROUND INFORMATION
SUBJECT: Concrete Lined Channel Rehabilitation and Bridge Rehabilitation
· Concrete Lined Channel Rehabilitation VanGalen. Phase 1 (Project No. 2211)
· Concrete Lined Channel Rehabilitation Carroll West (Project No. 2213)
· Concrete Lined Channel Rehabilitation. Airport, Phase 2 (Project No. 2247)
· >oncrete Lined Channel Rehabilitation. Flynn Shea (Project No. 2248)
· Bridge Rehabilitation: Kingsbury Drive (Project No. 2198)
· Bridge Rehabilitation: Lexington Road (Project No. 2199)
· Drainage Channel Excavation: Saratoga Boulevard Bridge (Project No. 2204)
PRIOR COUNCIL ACTION:
1. 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 M2005-009)
· 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
2. February 22.2005 - Motion authorizing the City Manager or his designee to award a
construction contract to Isensee Construction of Corpus Christi, Texas in the amount
of $178,750.25 for the Concrete Lined Channel Rehabilitation - Airport Ditch, Phase
1. (Motion No. 2005-057)
3 March 29. 2005 - Ordinance approving the FY 2005 Capital Budget in the amount of
$178,074,800. (Ordinance No. 026188)
4. September 13, 2005 - Motion authorizing the City Manager, or his designee, to
award a construction contract to Bridges Specialties of Sandia, Texas in the amount
of $98,899.69 for the Concrete Lined Channel Rehabilitation - Van Galen Ditch,
Phase 1 for the base bid and additive alternate. (Motion No. 2005-316)
5. October 25. 2005 - Motion authorizing the City Manager or his designee to award a
construction contract to DMB Construction, LLC, of Corpus Christi, Texas, in the
amount of $125,389.71 for the Concrete Lined Channel Rehabilitation - Carroll West
Ditch project. (Motion No. 2005-367)
6. December 20, 2005 - 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. (Motion No. 2005-437)
PRIOR ADMINISTRATIVE ACTION:
1 February 20. 2002 - Distribution of Request For Qualifications (RFQ) No. 2002-01
, \HOME\Rachelle\GEN\Dra'nageV248\Agenda Rackgro' ,cd dc.c
(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-ot-town).
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 tirms (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
Improvement Projects) to 42 engineering firms (28 local and 14 out-of-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-at-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-at-town).
12. September 30, 2004 - Executed Small AlE Agreement with HDR Engineering, Inc.
in the amount ot $24,973 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:
. 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 for Qualifications (RFQ) No. 2002-01 (Storm Water Projects) was issued to 42
engineering firms (28 local and 14 out-of-town), of 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.
., IHOME\RachelleIGEN\Dra.nage\2248\Agenda BackglOund doc
On Jan! lary 11 2005. Amendment No 1 was approved by the City Council. It included
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
PROJECT DESCRIPTION: The Flynn Shea Parkway Ditch project consists of the
removal of existing 18-;nch 21-inch (arch) and 24-inch (arch) corrugated metal pipes,
and replacement with proposed reinforced concrete pipe. Replacement of storm pipes
Includes the installation of 140 linear feet of 18-inch reinforced concrete pipe, 64 linear
feet of 21-inch reinforced concrete pipe (arch), 370 linear feet of 24-inch reinforced
concrete pipe (arch), two (2) typical concrete manholes and five (5) special concrete
junction boxes. The project also includes installation of 1,000 square yards of
Interlocking articulated concrete block erosion protection and cleaning of approximately
2,270 linear feet of concrete channel liner (5-foot wide rectangular channel).
BID INFORMATION: Bids were received on December 14, 2005 with six (6) bidders
submitting proposals. The bids range from $314,632 to $411,391.20.
The City's consultant, HDR Engineering Inc., and City staff recommend that a contract
be awarded to Cravens Partners, Ltd., in the amount of $314,632.
CONTRACT TERMS: The project is estimated to require 120 calendar days with
completion anticipated by June 2006.
'i IHOMEIRache!leIGENIDrainage\2248\Agenda Background "'Dc:
<n
~
W
f-
i=
<n
c::
:I:
U
UJ
=:J
a.
e::
<nO
OU
iij~
~~
~u
i=(.9
:3~
::>e::
InW
<(W
f-Z
a
Z
W
u.
o
f-
Z
W
:E
f-
e::
<(
a.
W
o
1- -:[8-'1 ~ i ~~;,T~ -I -;- ~ 'fl-~ :- - -r~ 1- is TB" 8 I ~
~~. tC I J ~ - <.() l:- '-;. '~9 f'1
, iI' I '" 1 ~ 1 c I ~ I ~ I '" I cr, I I"' "- <D
I ;r R I <I ~ ' i" "I ~ I; I · r ~ 1? ~ I ~1
I;r ! ~ : ~ i ~ ~~" ii' ," ~
1., I. 1.1 .'~ TI, '~I:,-' f ~
II ~l - I ~ I ~. . i:~ i ;::~ ! ,~, ~ ~,:
<t ,"
I~: ~ ;1 : l~)i~, :~~I ~-~I<~I~
~ ~ ~ ilk 7 r ~ ~ i ~ 1 ~ ~ I ffi ! ~
~ ' I' ,: ;; , 3' , mi' i <2 M
w~" :<l 5' e~ :f' g> :g +~--i N i -;;- I ~
~~ ~ ~ ~ ~ o;l'-i~lr-l~
I- u; lJ) ....-
~ i
'--="~
'"
>-
'"
C"
'"
-c
c:
C1>Cl:l
m'"
(J'"
'"
OM
NM
'"
zW
of--
i=~
::it::
a.rn
::i:W
OCfJ
0::
LL-W
O~
~a
;::ffi
Q)
(~
if: ~+
Z J
N
L;.:~
"'::: xr
II
i~-
Ij
~
~
I
I
Q) ;>
=~~ ~,
~"$ t
u _
~ I(f) '!'
o .:::
i..) ,;..)
~ ~ ~
CYco
i
11,- --
:y,
~ ~
~ if W
II B
II :g (5 ~
=O~
t; 0.. ~
1..'-
t ' ,
Ii ~ (f)
'I V', ~.
~~i8 & ~
n5
00"-
C :=l
I :J;
I.
~'- -=- -
h E IX)
"I -' OJ;
~!
1'1 E ii
~~~
I ~~b
lU8 Vl
ts ~ ~
u
E
cii
.~
CI>
CI>
c:
's,
c
W
e::
0",
:I:g
'N
W .
a.:~
----
. ~
= ..
:::1.0
U E
.(1)
W ...
~~
u>.
. 1CI
>-'0
In ::
o c
w't:I
!;(~
..J ..
::>w
Inf-
<<(
1-0
z
o
~
"
i--
~
CD ~
~ :I: -~
~~~
Ldo~
~;:j,,:
<(Ic
IUlO
c..>z~
oZ;S
w>-.o
~Lt~
.....l u
~T:
w
a:
o
~
lD,v
N
o
- ,
x
o
'" ~.
o
:c
- 1----
" 0
" 0
OJ
~
t-
Z
:::I
o
~ ?
f-- I--
W .,
U "
f ~
t- 0
Z N
:::I
8
o
c
o
~
"'
t-
Z
:::I
o
:E
<(
o
o
o
o
o
oj
8
o
~
w
u
it
Q.
t-
Z
:::I
o
o
o
o
o
Q)
o
o
o
'"
'"
t-
Z
:::I
o
:E
<l
o
o
o
8
'"
r,
o
o
8
w
u
it
Q.
t-
Z
:::I
t-
Z
:::I
o
o
o
o
o
'"
N
o
o
8
"'
(/)
-'
<t
UJ
~
o
~
'0
c:
o
In
'0
c:
'"
c:
.Q
1ii
~
1i
o
E
"
o
C
o
jij
~
1i
o
:;:
'C E ::;
iii~ ....
~
o
1::
c:
'"
:;:
:;;
i
us
Q)
Qi
b
c:
o
o
:;;
Qi
E
'"
is
"
z
o
1=
~
u
Ul
W
C
~
----
'~ 0
,:) 0
'" 0
o 0
,'"'j ('l
,n
-;i
o I
8 I
o I
::- I
!
11r1 fl. ;tT~1 ; h
~ ~ I ~ I ~ I", oj ~ I .
~I~:~ ~ ~ ~I~
I
.-.- _._---+.~--
"
"
'"
o
"',
~ i ~
$l I ,-J
~ i
()
o
o
o
<D
0)
g
'"
'"
'"
;)
'81 g-
N "
~ i @
I ~- I c:-
I
8 I
"- I
en
i
8 I 8
~ ~
('0 If)
en
8
N
'"
N
c-j
o
o
M
~)
N
"'
M
"
"
~'
'"
o
'"
m
,'"
:)
'gi~t M
~ I ~ ! ~
a I I"....
en .
i
~ I -
" I
I
ilS
on
'"
0-,
;g I :;;
"-
N
~
"
"
"
'"
'"
-.;
--i--- I
g 8T 8
o C 0
CJ 0 I' '"
" "- "'
-q- <D r0
- .'
I ,
~ I ~ ! ~
ffi I ("": ~
ri I .~. ",'
t]':. ! ~_
o
o
o
o
N
o
o
i'i
M
..:
,- ---f- ,-
000
'" 0 0
o 0
o "'
r; '"
J)
o
o
"-
en
o
"'
'"
o
o
o
o
o
N
N
o
o
of)
co
8
'"
-oj
1i
i
u.. ! >-
..J I 0
>'
(/)
<(
w
<t
UJ
u.
-'
u.
-'
U.
..J
o
"
~
~ I ~
I
8
N
:t,
o
m
'"
!
'C
c:
'"
u:: VI
~~
c:I
'" Q)
1::0)
U Iii
j--'
.~ -g
--' '"
'" '"
00 '"
'" Q)
0~
~j
~e
5w
cuOi
g>g>
~~
<Il0
x
o
a:l
i3
ti
c:
~
~
~
c:
o
o
'"
>(
x
o
In
c
o
U
c
.:;
"
~
c
o
o
<0
"
x
",
z
u
~
Q)
D-
o::
"
e
u
c:
o
o
'()
Q)
u
(;
1':
iii
a:
16
'"
c:
i5
'"
000
'C~
lil~
- "
LL-E'
~~
c:'O
216
000
~ '"
-~
=~
'" 0
(5w
z
u
~
:!;.
0::
Q)
Qi
b
c:
o
o
'()
Q)
u
(;
1':
iii
a:
"
N
"
c:
.:J
'iii
c:
c:
..
1::
o
Q)
e
u
c:
o
o
'5
0)
c:
C
'"
"
o
x
o
CD
c:
o
ti
c:
.:;
Q)
Qi
b
c:
o
o
'"
"
>(
in
"
D-
o::
"
Qi
b
c:
o
U
'il
(;
C
iii
cr
in
~
'?
'-
N
~-
>')
<(
~ I ~
:(
o
:(
"
<t
on
<(
<D
<(
t_
<(
g
ai
'"
'"
,,'
M
N
'"
::i
8
o
o
"-
'"
;::
o
o
'"
<D
>-
(/)
o
IX)
"-
.9~
8;;;
+ "
~~
ens
f5u
U:.~
...
~~
"'t:
gj<(
:;;g>
0:';::
~~
~~
0-
~~
WN
N
:(
-;;
8
o
o
N
'"
'"
o
N
8
g
'"
N'
o
o
>'
en
~
N
g>
i
~
c:
Q
iji
o
II
cr
1l
~
:J
<Il
'"
:(
o
o
o
CD
N
o
~
1:j
,...:
N
N
,...:
8
g
"-
'"
8
g
"-
'"
8
N
l8
8
N
l8
8
o
o
"',
~
8
g
"',
en
.,j
"
D-
o::
(;
LL_
Xl~
n,
m ~
:;:t-
:g;
5 c:
u ~
5 1l
.- ..
ei
wcr
'"
:(
o
IX)
o
;;-
o
N
'"
o
o
~
f'~
o
"'
..-
N
o
III
N
'"
'"
"-
"'
ill
'"
"-
"',
"'
"-
('oj
'"
('oj
"'
('oj
"-
~
0>
..-
CD
o
o
..-
"-
'"
o
o
u.:
--'
..-
"-
'"
Q)
D-
o::
.E
>-
~
Ul
{i
c:
l'!
t-
'"
:(
o 0
'" N
~ a;
o M,
't
'"
&;
"-'
"-
o
o
ro
~,
"-
('oj
----
o
o
"
~
(!; ~
N l!i
co <D
N <D
'"
M
N
"-
c;
'"
8
g
<D
N
~
o
o
g
"',
8l
M
;;:;
oi
"-
'"
g
'"
o 0
o 0
o N
o M
"- CD
.;
M
o
o
g
~
"-
'"
~
13
2
US
.E
f
<Il
g
"
~
w
:(
o
N
,.:
~
0(;
o
...
--
'0
Iii
"
c:
o
.~ ;;:
E E
~ ~
!"-
g
w
...
'"
..;
N
"-
,.:
M
M
....
r
'"
...
oi
N
M
.. ~ ~
~ ~ ~~ ~
i ., !!! li. i
'fiE:",:>
j2l!!65g,
",ra._=
~I=l!!:;~i'
~.!.!i~.g
lii~~i~
jji~~~1J
CD
<
2
:;
:(
111
E
~
o
iii
..J
~
g
10....
~o
iij....
- ell
~~
PROJECT BUDGET
cnN' 'RF TE INFfl CHANNEL REH.~BIL ITATION
FLYNN SHEA PARKWAY DITCH
(Pmject No 2248)
January 10 2006
FUNDS AVAILABLE:
Storm Water
FUNDS REQUIRED:
Construction (Cravens Partners, Ltd.)...
Contingencies (10%). . .
Consultant (HDR Engineering) .
Engineering Reimbursements.
Construction InspectIon Activity
Misc. (Printing, Advertising. etc)
Total ..
$403,708.00
$314,632.00
31,463.00
44,289.00
1,005.00
10,855.00
1,464.00
$403,708.00
H \HOME\Rachelle\GENIDra inage\2248lProject Budget
EXHIBIT "C"
Page 1 of 1
....,.,;
~
N
II Cf'
, <:'/Y
"
'.
,'r6.
1/
! ~
~"i""': _
41 "
10 ,. <Z"
~i ~,', ). '-'\.(. __' (VV
i}tvA,{>~:.t;0,',.f<'..<) :<-1 r
<~--.i tJ'r{(~ '~<,~. ~ ~'~~'-)'~'<~ ~'-'
. ')'V' ... I or.-e q(lt('~l/'"
'\ f'" ", ul/v,..,
J'", ~._9J:~, '-~,~( L r
/Y 1~~O.~{:,v~((j>q'V i
;,NI(~ ~.CQE38 L[,~;1r~'y~f:Si
N[WBljR'( U1~",'
~
G
0)
j;!/
}>1u,
:(L:'-
6\';'".-
'1t-'
<>0
,L &.f?O
'1' rq c. .1f!
'rtzA, "Cr; ,
;j' 'VD:~;
~. c......,,/'~,
6)" ()'~Z'<::-,.
,,<, ,~, , ,~." -s, >A ", '---' / kt; .
>$/~1 ,:,( .-\<f,o/~7CI;-
/,:.(G~ .....~'>- -.;ct.?:' /' 7'- -~-'~_..., '''/
", ,: ;;(.~;'/'</../~:(/ (')! '" ",
j ;9::, <:::;1'((,. \\", J> i s: ! ,'" " i
,/ ~ ~iI' 'i\ (f)\ 01 \ /
r";, <fJ/1f' ',I (') C\ t:'-' /
./ ~ QJ'O~' J>I r \(rO~
/ Q' c()r~s Chri~V~~>~;(~)
C1ub'{;/
.--"-, 0~ ",) t.
,;f!f:: ' 1..,
.,' ONI ',y" .
, .9 p-'\<lJI ~,,\-~)/ '}.9;;;.
!; 01-\[t<P.,'<,.J ' / ''';Z<'1:
u,:,_< . .,J/t-, ...,(j>,i.
,'1-\\\.'0// 's '...<:'", ""&;'"
. "/"..?'", ..."of> ,
,/ "'>11'c>Z-1-r-, >,
". "'~(: '-0
. '. "~~!1:~'_,L/
'.
,.~,
S"/,y
"I/O
C.
""
,*'
c,,~I>.~\{'
,)U "Po
-\'i?}~.~~~
C~YJni r y
()uc.
Park
df>
4
l1
,/\
. /" "
~~)/ . 'O~~:.'-
~'O/' '< -11(> !. 'v / ><
,f0~(f:COf:'~' 1?-:v;:t~tI/c //ilfO;v.,.
vOzrJ~J 1/1 1" TOI' I"", lfCll'~"
! 'z' ii\; C",?,f:gc!y -1D -'JIll'
~\cushn
P k
/J
CITY PROJECT No. 2248
VICINITY MAP
NOT TO SCALE
EXHIBIT "D"
CONCRETE LINED CHANNEL REHABILITATION.
FL YNN SHEA
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
OEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 01-03-2006
~
--
- -
- -
~...."..
5
AGENDA MEMORANDUM
DATE: January 10, 2006
SUBJECT: Construction Management Services for 2006 Capital Budget
(Project No #90064)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Amendment NO.6 for
construction management services in the amount of $918,000 with Anderson Group
Construction Management, Inc. for a revised not to exceed total fee of $2,666,840 for
various Capital Improvement Projects associated with the 2006 Capital Budget.
ISSUE: The term of the current contract is expiring. The increased volume of capital
improvement projects has made it necessary to extend the contract for construction
management services for one additional year
FUNDING: Funds are available from Storm Water, Wastewater and Water CIP Funds.
RECOMMENDATION: Staff recommends appro~f the motion as presented.
r ,i . L
, I'
~
gel R. Escobar, P. E.,
irector of Engineering Services
6
(
uar 0 Garana, P.E.,
Director of Water Services
~ C'-'- "".
~"--- '\. , - C"
- ' ~'- -, '. .--..>-... ,-<>~""....... "-.j- --"'-
Foster Crowell,
Director of Wastewater Services
',- )c..
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Contract Summary
H: \H OME\KEVI N S\GE N\C IP\2006\AGC MAwd Memo!"", Qf3~d.9:
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Project Managernent Services for 2004 CIP Projects
PRIOR COUNCIL ACTION.
~a_nuarv 14,2003 - Motion autllorizing the City Manager, or his designee, to execute
a construction management services agreement in the amount of $72,800 with
Anderson Group Construction Management, Inc. for various Capital Improvement
Projects associated with the 2003 Capital Budget (M2003-053).
2. July 8, 2003 -Motion authorizing the City Manager, or his designee, to execute
Amendment NO.1 for construction management services in the amount of $187,200
With Anderson Group Construction Management, Inc. for various Capital
Improvement Projects associated with the 2003 Capital Budget (M2003-246).
3. February 10, 2004 - Approval of the FY 2004 Capital Improvement Budget
(Ordinance No. 025647).
4 March 2, 2004 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.3 for construction management services in the amount of $688,840
With Anderson Group Construction Management, Inc. for various Capital
Improvement Projects associated with the 2004 Capital Budget M2004-077).
5 March 22. 2005 - Motion authorizing the City Manager, or his designee, to execute
Amendment NO.4 for construction management services in the amount of $750,000
With Anderson Group Construction Management, Inc. for various Capital
Improvement Projects associated with the 2005 Capital Budget (M2005-097).
PRIOR ADMINISTRATIVE ACTION:
1 July 25, 2003 - Award of Amendment No 2 for construction field inspection services
in the amount of $25,000 to Anderson Group Construction Management, Inc.
2 October 18, 2005 - Award of Amendment NO.5 for construction field inspection
services in the amount of $25000 to Anderson Group Construction Management,
Inc
FUTURE COUNCIL ACTION:
Ordinance adopting the FY2006 Capital Budget and Capital Improvement Program.
Award of project management services contract for the 2007 Bond Project once
funding is available. This will ensure expenses are properly charged to the
applicable fund.
Award of engineering design, materials testing and construction contracts will be
necessary to complete various CIP projects.
PROJECT BACKGROUND: Anderson Group was selected in 2003 to provide general
construction management services. They had previously been selected for management
H .\HOM E\KE VI NS\G E N\C I P\2006\AGC MA wd6 BkgExhA doc
EXHIBIT "A"
Page 1 of 2
services associated with major projects such as the CCIA Terminal Building, the
Convention Center Expansion and Multipurpose Arena, and Whataburger Field. The
adopted 2005 Capital Budget provides for projects with an estimated cost in excess of
$178 million Many of those projects are under construction resulting in a actual
expenditures dUring 2005 ot $128 9 million
Engineering Services has been examining methods of ensuring the Council's initiatives are
completed in an expeditious manner with the available resources. The 2006 Capital
Program represents a significant commitment to the future well being of the City. The
additional construction management services to be provided by Anderson Group are
necessary to help ensure the projects are properly completed in a timely manner.
PROJECT DESCRIPTION: This proposed contract includes construction management
services for the various projects that are overseen by the City's Construction Inspection
activity. The City Construction Engineer position is vacant despite continued recruitment
efforts Anderson Group is presently supplying one engineer, one assistant engineer, one
construction coordinator, and two inspectors to address the 2006 CIP work-load. The
amendment provides funding for an additional Inspector and will continue services for
approximately fifteen months Monthly invoices will be based on actual services
performed.
CONTRACT SUMMARY/FEE: A contract and fee summary is attached as Exhibit "B".
The proposed fee will provide approximately fifteen (15) months of services depending on
staffing levels.
FINAL PRODUCT: This contract will result in additional construction management
resources allowing better management of projects actually under construction.
H\HOM E\KEVI N SIG E N\C I P12006\AGC MAwd6Bkg ExhA. d oc
EXHIBIT "A"
Page 2 of 2
AMENDMENT No.6
CONTRACT SUMMARY
'he CAy )f CorpL!s Christl. Texas hereinafter called "City" and Anderson Group Construction
Management Company hereinafter called "Consultant", hereby agree to the following amendment to
the Contract for Construction Management Services for the Capital Implementation Program as
authorized by Motion No. 2003-053, passed January 14, 2003, and Motion No. 2003-246, passed
July 8 2C03, and administratively amended July 25, 2003 as authorized by Motion No. 2004-077.
passerl March 2 2004 anrl as administratively amended October 10. 2005
Sectloll I Fee IS amended to read
IV FEE
Fee for Basic Services Authorized. The City will pay the Consultant an additional fee to
not exceed $918,000.00 for field inspection, project management and other services as
mutually agreed for a restated not to exceed fee of $2,666,84000 for providing services
specified in Section ILA
S f A th . d F
ummary 0 u onze ees.
~_TaSk No. LDescriPtion Total Fee
~--,. "-'---'--.'--"---'-- "------
i Original Contract
~_~A I Construction Phase Services $72,800
, Amendment No.1
1- ~ !~-IConstructionPh~se-s~rvices $187,200
I.-.--
~mendment No.2
i -~~8 I Constru-ction'PhaseS'ervices $25,000
Amendment No. 3
-_._,,--,-- I Constructio~ Ph~se Services .--"
ILA9 $688,840
,
Amendment No.4
f--- I Construction Phase Services
I IIA9 $750,000
Amendment NO.5
IIA9 I Construction Phase Services $25,000
Amendment No.6
_.,~-_._- I Constru'ction'PhaseS~rvices _"_"0'
II A.9 $918,000
L._ Amended Total $2,666,840
All other terms and conditions of the January 14, 2003 contract, as amended, between the City and
Consultant will remain in full force and effect.
AMENDMENT No.6
CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES
CORPUS CHRISTI CAPITAL IMPLEMENTATION PROGRAM
The City Jf Corpus Christi, Texas, hereinafter called "City" and Anderson Group Construction
Management Company hereinafter called "Consultant", hereby agree to the following amendment to
the Contract for Construction Management Services for the Capital Implementation Program as
authorized by Motion No. 2003-053, passed January 14, 2003, and Motion No. 2003-246, passed
July 8, 2003, and administratively amended July 25, 2003 as authorized by Motion No. 2004-077,
passed March 2 2004 and as administratively amended October 10, 2005.
Section IV Fee is amended to read:
IV. FEE
A. Fee for Basic Services Authorized. The City will pay the Consultant an additional fee to
not exceed $918,000.00 for field inspection, project management and other services as
mutually agreed for a restated not to exceed fee of $2,666,840.00 for providing services
specified in Section IIA The fee will be full and total compensation for services and for
all expenses incurred in performing these services. Consultant will submit monthly
statements for basic services rendered. For services provided in Section II.A the
statement will be based upon the Consultant's record of total services actually completed
at the time of billing. The basis of the billing will be the rates as set forth in Exhibit C-6.
The City will make prompt monthly payments in response to Consultant's monthly
statements.
Services provided by the project principal, project manager(s), construction engineer(s)
field construction inspectors, engineering technician(s) and contract coordinator
associated with Amendment NO.6 (Tasks IIA9) will be invoiced at the rate set forth in
Exhibit C-6 for a maximum 40 hours per week The hourly rate is inclusive of all
expenses including transportation.
S
fA th
dF
ummal1 0 u onze ees.
Task No. Description Total Fee
Original Contract
IIA Construction Phase Services $72,800
Amendment No. 1
II.A Construction Phase Services $187,200
Amendment No.2
11.A.8 Construction Phase Services $25,000
~-
H. \H OM E\KEVI N S\G E N IC I P\2006>AGC MAmd6. d oc
Page 1 of 2
rnA/11endment No.3 ----- ___nn -- -----------c-H
[--- ~A 9 I Construction ~hase~~rVices
~_Arnendment No.4
II.A-;-l-c~~;tructio~-~~~~~S~~ices _
Amendment NO.5
II.A~onstructionjha~e se~Vices __---~:_____
Amendment No. 6
il.A~ Constru;tion ~ha;~S~r~-ices --~-
$688,840
--- - --------- ---- --- ---
$750,000
$25,000
Amended Total
$918,000
$2,666,840
All other terms and conditions of the January 14, 2003 contract, as amended, between the City and
Consultant will remain in full force and effect.
By
Ronald F. Massey,
Assistant City Manager
Date
CITY OF CORPUS CHRISTI
ATTEST:
ADDRESS: P.O. Box 2682: 713 Colman
Corpus Christi. TX. 77403-2682
City Secretary
Date
APPROVED AS TO FORM
Assistant City Attorney
Date
1ltc_",...I./ ~ /t ~~ (ffo'
H\HOME\KEv I NS\GEN\C IP\2006\AGCMA_md6 _ doc
Page 2 of 2
~-
Position
p rpl~~t? ri~_cle~1
Senior Pro~ct Manager
r- --~ -~- -~ - - ------- ~-~ -~-
, Prol~ct Mana~er
C~r1.structi_~~ E ng i ne~_Uf~lLT_i~f!l~)
Ass istant90 nS~l.Jct!~ Il_E I1g i n ee r
Contract Coordinator
rUE!!9I~~eriI1RT~9_h_~~ic:u,(~__ ~_
~iel<L90nstruction Inspectorl2)___ __
Qonstruction Engineer (Part_Tim~
EXHIBIT C-6
Rate Schedule
I
i
- +
-=I~n__~---=--_
--~--~~ ~-----~----I
Hourly Rate _ I
----- $120.001
---- $110.00!
$95.00 1
$11 0.00 i
~-------
$85.00
$75.00
$65.00
-------- $55.00 -j
$90.00 _
~ City of
.. C~u~
="" = ChnstI
~
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christl OrcJlnancel 11 ~:.lS reqlllrt~S ,+1 persons or firms seeking to do business with the City
to provide the fnllowlng inforrnatiol Every QU8stlOll must be answered If the question is not applicable, answer with
"~J' (,"
FIRM NAME:
STREET:
FIRM is:
Corporation
5 01 her
2 Partnership
l
Association__
CITY:
DISCLOSURE QUESTION
If additional space IS necessary, please use the reverse side of this ge or attach separate sheet.
1 State the names of each employee of the City of Corpu Christi having an ownership interest constituting
3% or more of the ownership in the above named f
Name Job Title and City Department (if known)
2. State the names of each official of the Ci of Corpus Christi having an ownership interest constituting
3"10 or more of the ownership in the aba e named firm.
Name Title
4.
State the names of e
on any matter related
more of the ownershi
Name
ch boar ember of the City of Corpus Christi having an ownership interest
ownership in the above named firm.
/ Board, Commission or Committee
3.
e ployee or officer of a consultant for the City of Corpus Christi who worked
e subject of this contract and has an ownership interest constituting 3% or
the above named firm.
Consultant
CERTIFICATE
I certify that all Informati n provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of ny information requested; and that supplemental statement e promptly submitted to the
City of Corpus Chris, exas as occur.
Title:
Certifying Person:
Signature of Certifying Pers
6
CITY COUNCIL
AGENDA MEMORANDUM
January 10, 2006
AGENDA IT EM Resoluth.m recognizing thE. public necessity of acquiring fee
simple title t:J a /3cant tract of land containing 0.83 uf an acre for the Northwest
Library Expansion Project, Bond 2004, for expansion of the existing library facility
and other municipal purposes; and authorizing acquisition by means of
negotiations or eminent domain proceedings by the City of Corpus Christi or its
agents in acquiring the tract of land
ISSUE: The expansion of the existing Northwest Library was approved by Bond Issue
2004, on November 2,2004. City Land Acquisition staff has commenced negotiations for
acquisition of one parcel of land needed for this project. This resolution declares this
project is for public purposes allowing the City to use the right of eminent domain as stated
In the Texas Local Government Code, Title 8, Section 251.001 Right of Eminent Domain.
The resolution further permits City staff or its agents to negotiate for land rights and for the
use of eminent domain procedures. if necessary, when negotiations have reached an
Impasse
FUNDING: No funding is required at this time.
RECOMMENDATION: Approval of the resolution as presented.
r
ItI~,t;.~ (f'~
II
Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A.
Exhibit B.
Exhibit C.
Background Information
Location Map
Resolution
H:\HOME\EUSEBIOG\GEN\Agenda Ilems\Northwest Library Expansion\Agenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Northwest Library Expansion Project (#4319), Bond 2004
Resolution for Public Project and Acquisition of Land
PRIOR COUNCIL ACTION:
A. May 17, 2005 - Ordinance appropriating $196,385 from City Hall CIP Fund 3160,
transferring to and appropriating in Library CIP Fund 3210 for the Northwest Library
Expansion; amending capital budget adopted by ordinance 026188 by increasing
appropriations by $392.770; and declaring an emergency. (Ordinance No. 026262)
B. May 17, 2005 - Motion authorizing the City Manager, or his designee, to execute a
Contract for Professional Services with Solka Nava Torno Architects in the amount
of $196,385 for the Northwest Library Expansion. (Motion No. 2005-147)
FUTURE COUNCIL ACTION: Council approval is required for land purchase contracts,
construction contracts and amendments with expenditures exceeding $25,000.
PROJECT STATUS: In November 2005, The City met with the Library Building
Committee and the Director of Libraries to finalize the Design Memorandum. Upon
approval, Solka, Nava, Torno Architects were authorized to proceed with the Design Phase
of the NW Library Expansion project on November 16, 2005. The Final Design is
anticipated to be submitted mid to late February 2006. Once received, final designs will be
presented and reviewed by the Library Building Committee and the Director of Libraries.
The current scheduled bid date for the project is in the March/April 2006 timeframe and
construction is anticipated to begin in late spring 2006 contingent upon completing the
acquisition of the subject 0.83 acre tract of land.
Once the construction of the new addition is complete, remodeling of the existing library
area will begin. This work is scheduled to start after August 2006 and will require the
complete evacuation of the existing facility to complete the remodeling and tie the new
addition to the existing facility. Currently, city staff is searching for available space to
temporary locate library operations. Possible facilities being considered include public,
private and ISD buildings located in the area. The anticipated cost of this move is
scheduled to be programmed in the FY '06-07 Library operational budget.
LAND ACQUISITION REQUIREMENTS: This project requires acquisition of a vacant
parcel of land north of and adjacent to the existing Northwest Library facility as shown on
the attached Exhibit B. This vacant tract measures 100 feet along McKinzie Road and is
360 feet deep. The subject parcel is out of a 7 acre tract currently zoned R1-B, Single
Family Residential. The current owner of record is Charles McKinzie, Jr.
Municipalities in Texas can acquire private land and easement rights for public purposes
with due compensation to the landowners. This resolution certifies this project is for public
purpose as stated in the Texas Local Government Code, Title 8, Section 251.001 Right of
EXHIBIT A
Eminent Domain The resolution further permits City staff or its agents to negotiate for land
rights and for the use of eminent domain procedures, if necessary, when negotiations have
leached dll illlfJdSSe
He eMf'FI ';FFlIC 'I(;'(;F N\AC]endcl itelllS,~~oltllwest i lillilry ExpilnsionlHackgrollnd Inforjoc
EXHIBIT A
- .----....-"'......--.__.~.~~._-- -~--=.=_....._"",.,- -'..'--'''-'...'-'-~''''''''~
III !r
· i f.r:)
- ! 18 {-
(/if'--
E
(/i
. l/e:;/I/
. ., ~'v;q y
-'"
- " I I
Nj-: I
/ :" !" ,
>-y,1 />~"L
~'-~' i 1 i --
. --''':----__ /0'
. / f ,c;~ J <:t'1
,/ ,-' . l.:i~'1= 01
/ ! ' ' lerl
df~1
',~,,/;'<'. I i '-~ !~I
Q1;{: - I !
~l1:::J4 (ei) I I
'"'kIll I
/ 'I
~ I
--{ 1
1
! 1
f
I
I r'--,;
/ /
, i
'v'/
(f,iO/J
/', /t1Y.
, () (')
! '.JI'
CITY PROJECT No. 4319
----
I
/
I
'---~~
~---
'-'-
?
~/ ~
up~ ~
"~~{
I
-~---J
LOCA TION MAP
NOT TQ SCALE
~
~~
N
PROJECT LOCA TlON
NORTHWEST LIBRARY
EXHIBIT B
NORTHWEST LIBRARY EXPANSION
PROJECT (BOND ISSUE 2004).93-
(,7 (01 CORPUc) CHI({SL. nXA
CITY COUNCIL EXHIBIT
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE. 05-11-2005
I
--
- -
~
RESOLUTION
RECOGNIZING THE PUBLIC NECESSITY OF ACQUIRING FEE
SIMPLE TITLE TO A VACANT TRACT OF LAND CONTAINING
0.83 OF AN ACRE FOR THE NORTHWEST LIBRARY
EXPANSION PROJECT, BOND 2004, FOR EXPANSION OF THE
EXISTING LIBRARY FACILITY AND OTHER MUNICIPAL
PURPOSES; AND AUTHORIZING ACQUISITION BY MEANS OF
NEGOTIATIONS OR EMINENT DOMAIN PROCEEDINGS BY
THE CITY OF CORPUS CHRISTI OR ITS AGENTS IN
ACQUIRING THE TRACT OF LAND.
WHEREAS, the City at Corpus Christi ("City") has implemented a project
known as the Northwest Library Expansion Project, (Bond 2004 Project).
WHEREAS, the expansion project has entered into the acquisition phase
at the project
WHEREAS, there is a public necessity for this project and for the
acquisition of property rights, consisting of fee simple title in the tract of land as
shown and described in Attachment "A".
WHEREAS, the City is a municipal corporation and under Texas eminent
domain laws has the right to acquire fee simple title in the tract of land for the
projects and for other municipal purposes.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION 1. That the City Manager, City Attorney, and agents of the City,
are authorized to acquire, either by negotiated purchase or by condemnation
proceedings under Texas law, the fee simple title in the tract of land, as shown
and described in Attachment "A", for the Northwest Library Expansion Project,
(Bond 2004 Project) and for other municipal purposes.
SECTION 2. That public necessity requires the acquisition of property
rights, consisting of fee simple title in said tract of land, save and except the City
seeks to acquire no oil, gas, and mineral rights.
SECTION 3. That the City Manager, City Attorney and agents of the City
are authorized and directed to take such action as in their judgment is necessary
in connection with the filing and handling of any condemnation case for the
acquisition of said tract of land.
SECTION 4. That this resolution shall take effect immediately from and
after its passage.
EXHIBIT C
Page 1 of 5
ATTEST
Armando Chapa, City Secretary
Approved as to form ~ 't........... J
o
By
I
(
Joseph arney
Assistant City Attorney
For City Attorney
RESO-2:' doc
CITY OF CORPUS CHRISTI
Henry Garrett, Mayor
,2006
day of
2006.
fhp ;dlOVP resolution W?S p;4SSe(1 hy the following \lote
Henr\ Garrett
Brem Chesney
Melorly Cooper
Jerry Garcia
Bill Kelly
Rex A Kinnison
John E. Marez
Jesse Noyola
Mark Scott
EXHIBIT C
Page 3 of 5
~) t;' ",'
~, ~.~
~ l...J~';:i
~. '
e,
.~, '
-() r~:
.:IJS,
~(
C);
rt.'
~ ~ ~ ,
:; ~ '-1
'1) '"
)>. "" <b
3 '" ~ c;
v l^
~
\) ("0, S ~.
~ ~ ~ ~
UI a
" ()
c ': ~
~
, (b
g:.
.' .-': '^'
g
'"
"
?:
~
,
.~
'"
.;t
Q
,
"'
,.
i ~~
Q' '-'
';.1 ~
"
'=' IS
t>]CJ
:1", i:t
'"'.......;
~ t~-~
'1J<
;~-.,
;:;
';> ~
'--1
~&J
a ,~ ~
:] ,j.:; U:
yt . \:
J '>
~ ? c).
, c
'"
I,
'"
"
2 ~-.u
"
~
<b
0,
g
~<
""
"
b
,
cb
"
C'
'"
'0
" <b
0 S ....
:< '.Q (b" c;,
<3 0 "- t-;.;
" (J
t:. " '"
, 0:
s;,
~ o~
q; ..,
<b >.:.
~>Q
Q ;; Cl cg
" s'
" c ("t,
l) :3 l'o
a
.., a
.., '1::l r-,-
<ll
() ~
'!: u
Q
0 ()
0
..,
<ll
" "
Q <b
.., ..,
<b CD
Q. t)
'"',
"{' ,
0
:3 ID
"
J "
J> S
c:
.., Q
iii
f c;
.J ID
0
Q.
<1l
,-
::Q ii' ,
, Q
:J >. <i
Q 3
3 '" "
Q "
~ Q
en , I~
~ lo;
a lo; ~
Q) '" '" "
I
r" '^(
Q) .0; - <0
~lo; ,0
'" a " ,.
'" a '" "'
'.c ~. '0
>
t::
V
~;
~ ~ ~
& ~ ~
~~~ i
~ <b
.~ r ~
~'
: ~' :
Vl
0,
c...
a
o
'''1 f
'::::'r-
~t
~
':>.
~\
f
\l
"I
r-r-'j :
b. r
~c
"1'"
~~
:s:
~
"lc,<:::JttJ l/} v-f t:: C.' l::::J to
~"''''a
;ja,:;jC' };2'r-r, ~2?CJ~
~ ~
t' \)~"'~ " '" <()"
::::!"1~l> 8"" ~.::<~ ~
~ ~<:::J<"
,:;j l;:)ttJ8~ ttJ Yl -, 8 (I)
~. ::;; ;e"1 )>.
l> A --< ~ Cl~~"
~ t;1lh~l'1 ~A -.. 5--1 C) rr,
Cl~i'C; ':;J:>>
- " V,l>Cllj';!
'" '''If>j''ii2 () .
'" '" . ::;~~~
,--":r:,,, ~~
~~ '" <:::lI1"'< )>.. C:J
Cl ~:-i~~ 3ti~<oCl
s:l;J> co " i2
If' f\J ;3 \:J ):.. " -., "'~<o<
~<: ~=~~~ '" :-;~~;t
s (n
l'ltrj ~3;..:!CJ c:; h. ~<8),;
~~ \) ,,,\) '~
coc:::;::<::t ~(n '"--i \r-I ~ ()
."- In " '" '" b~ () "-j' '"
:>> 'CD ~el C, a ~
z(l <\) "i~
~~~ lh::t::1-
n~ ()>::::j " ttJ <",i')<
()==<~ gs~ Cl';;: -. I
>:~ln
">:lI1 ~() a .
\) ~~' <::J:r: ~~~
0 ~'~ C1 :& - >: Cll h.
;u " "
" ClJ <S"'Vl --< () ~c::~
c '" < r;::()'"
III " ,< ~ i3 ~'"
() ~2S~ 'D a \J~:-;
I ;'~ <: ~ Cl ()i!
;u a Cl ~ a () I
~~ ~r-- " off; ", ~ Viel-;
"l><CN ~~~ ::t "-j(nCj
iTlO~": ,-"! ,,"'''' Clla"l
~~Nf'-J ..., ~-() ~ ~ ''1 lh
0 ,,"'<
'" < <: <
x~ffi 0 ),.... (n t'<::'='
In :j
'-oj <,,^, ,,~
03 lD 0----< ()
-flo-O.......lM Q -<. '"
mtO......Q:I ',i)
~ ~ J\..)':Jj D
i\TTACHMENTA
MAP
-;
i5
(,
y
11('i\'/\'/li"
Nfl
; ~
r,
i
/rC~
( "
~;g
~~
~C)
c;)"J
N 09.03'00" E
~.
" "\
':>.\
\ g ~' \
-nQ. .g;
~. - C) vi
S'~
~,~
\- -~ -y
~ ~~o_
a a ~ ?v'V)
~:;)- ~Q)~
~8'~ ~~f'l
Q Ql
~- t\,j
cc
?
, :l
~r;;
Q. :..;
a
",,-
;~
f'>J~
-o~
Q,
S
8-
~
"" i
~ I
\",3:i ~ I
~ I
.
.
\.f"i >
;;
0 I
<:
C) <'f'.': I
t;3
Cr. .~.... ~I
c; &/
y ~
Q
<..r, ~
A eel
.,:J ~
"Y" q
3
(') 1
g ~'
,,0
"6>_
q ,
09.03'00" W
\J;
C.
-J.)
...c..
~....
..J:..
ATTACHMENT "A"
~
.-
.....:,
fOO.OO'
I '
1-'
R
VI
- e:-,
"',
Ol-~
_l....-:t
~Q
L
"v,
~~
"'c::
~~
?!:,.,..,
c-, ~~'
--1~
~
;>
V)
Q)
a
oj
""
C::l
a
.
'^'
SJ'>
co
C)
co
~
~
~
M
~
tt,
t".
~
a
a
!
~--r
Ii)
I"
~.
I
I
I
I
I
I
,
I
N Og'OJ'OO. E 6BJ.77' _ I
100.00'~~ ~ -~
::a~ ('
~:;,"" -~
~ ~~ g ~
~ Q. . ~~
2.~
EXHIBIT C
Page 4 of 5
ATTACHMENT 'A
DESCRIPT ION
August 22. 200:;
Sf\ TE (W ! EX\~
t nUNI" 01-' Nt ECI"
Hf'l"l; \~60nOSt)' \lU H\lll TH\CTOF' ,NI) OI'T OF THAT CERTAIN 7.334
AClU. TRAt T OF LA'\'D."ORE OR LESS. DESCRIllED IN DOCUMENT NO.
2004012!B8. 01, TilE OFFICI\I 1'1 BLlC RECORDS OF NlJECES COUNTY, TEXAS,
.S\1Ii 7.134\('IU I RM I OF Lvm. MORF OR I.ESS. BEING OPT OF THE
'\lchT\'71F 124 12\CRF IRAt I UI'\'C SOl'!'I! OF {lI' RIVER ROAD AND EAST OF
McKINZIE ROAD. ALSO BFI:'IG .\ PORTION OF THE McKINZIE 388.26 ACRE
I '{AI I OF "I Rn\ 417, 1'\1 F"IED 10 1..\\. SCHAEFFER, ABSTRACT 571;
SI R\ E'\ 41'), 1'.\n.'\T1.\l1 U 1-.\\. SClIAE!'FER, ABSTRACT 570; SURVEY 422,
P\TENTED TO A.~. SPOHN. ABSTRACT 850: THIS TRACT BEING MORE
P \HTICl 'L\RLY DESCRIBED BY '\IETES AND BOUNDS AS FOLLOWS:
Bearings are based 011 that ('cltaill 15.17 au,' tract of land described in Document No. 1997003215, of the
Orticial Public Records of Nuel'es County. Texas. and refeHnced to the monumented west boundary line of
said 15.17 acre tract of land.
BEGINNI Nt, at a '0. S lI1ch l/UIl Illt! \Ilth cap stamped "\1A VERICK EN(iR.VICTORIA, TX BOUNDARY
\1ARKEF". ,d on the cast rIght-oj~llay line of that certam dedicated roadway known as McKinzie Road, at its
II1tersection "lth the south boundary Ime "r said 7 334 acrc tract of "lIld. same line being the north boundary line
,)1 Jot 7, nJod; 7. lIigh\la\ \'jlbgc\lme\ Sectic," I. a map of \I'hich IS recorded in Volume 46, Page 225. of the
\ 1,11 PiT",.d. "f '\lIC!.\' ("'Uill' I,"~ c; "1111': ,;"uth\I'C'i ..i1l1lt'r ,,1' tll1>; tract. from which point. a ] II1ch iron
pip' found. j, 'r the northwest comer ld said l ut.' bears S XII :' TOO" F. a distance of 10.00 feet:
nIEI\CE l'".nh OC) 'J\. DO' [,ht. \Iilh "ald Last nght-of\lav hIle ofi\kKil1Zle Road, a distance of 100.00 feet,
1(\ a 5/X IIlch iron rod With cap sl.lmped "\1,\ VFRICK FNCiR VICTOFIA. TX BOUNDARY MARKER". for the
l]orthwcst:oJl1cr (If Illl"; tract.
rHENCE. Suuth 80 ') 7' 00" East. a dIstancc of 360.00 feel, to a 5/8 111ch iron rod with cap stamped
'MAVERICK ENGRVICTORIA, TX I30UNDARY MARKER", set. on the east boundary line of said 7.334
acre tract of land. for the northeast comer of this tract. from which point the northeast comer of said 7.334 acre
tract of land bears North 090 03' UO" East. a distance of 683.77 feet;
THENCE. South 09' iJJ' 00" West, Ilith saId east boundary line of the 7.334 acre tract ofland, same line being
the west boundary line uf aforcmentioned IS] 7 acre tract of land, a distance of 100.00 feet, to a I inch iron pipe,
tound, for the southeast comer of tlus tract. same point being thc southeast corner of said 7.334 acre tract of land
.md same poin t bemg thc northeast corner of aforementioned Lot 2:
THENCE North 80' )" 00" West, Illtb the common boundary line of said 7.334 acre tract of land and said Lot
.' at a distance of 3S0.0U feet pa~s said I lllch iron pipe as referenced above. ill all a total distance of 360.00 feet,
10 the POINT OF BEGINNING and lontallllllg 36,000 square feet of land.
rhe torgomg descnptio]] and suuey on \\htch It b based IS accompamed by and a part of a separate plat of the
subJect tract
'\1avenck Engmeenng, Inc..
~ ~~~<>.,::~1-'~DV ~S'
Miguel A. EscoJ;1ar; R;,PL.S,.56JOr
ReVIsed October40, 2Jl(l5'~.R'evi,cd le.galoocrip\iOll
"..(lfficeFdes,SUI\ VEY,StJRVFY Dkl A\0545-90Ui/545-900-I11&b-lcv.doc
Page 1 of 1
EXHIBIT C
Page 5 of 5
7
AGENDA MEMORANDUM
January 10, 2006
SUBJECT: Renewal of a Parkmg Space Lease Agreement
221 South W ate I Street
AGENDA ITEM: Ordinance authorizing the City Manager or his designee to renew a five-
year Parking Space Lease Agreement with 101 Shoreline, Ltd., for 150 parking spaces
located at 221 South Water Street. beginning January 22, 2006, and approving monthly
lease amounts of $3,308.59 per month for the first year, $3,440.93 per month for the
second year, $3,578.56 per month for the third year, $3,721.70 per month for the fourth
year, and $3,870.56 per month for the fifth year, and declaring an emergency.
ISSUE: The City Police Station and Municipal Court Facility does not have sufficient
on-site parking to meet the needs of the public and City Employees. Only 140 of 262
parking spaces required by the Zoning Ordinance are available on site. Additional parking
spaces had to be obtamed offsite. The City has been leasing one hundred fifty (150)
parking spaces since January 1991 which are located at 221 S. Water Street. The current
five-year lease expires on January 21, 2006 and needs to be renewed.
FUNDING: Funds for this lease agreement are available in the FY05-06 Police
Department Operating Budget.
RECOMMENDATION: Approval of the Ordinance as presented.
~~.u~hk
J;C~, 'Angel R. Escobar, P. E.
Director of Engineering Services
Attachments:
Exhibit A
Exhibit B
Exhibit C
Background Information
Location Map
Lease Summary
H:\HOME\EUSEBIOG\GENlAgenda Items\Police Parking Lot Lease\DurrilllAgenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Renewal of a Parking Space Lease Agreement
221 South Water Street
PRIOR COUNCIL ACTION:
October 30, 1990- Motion authorizing the execution of a five-year Parking
Lease Agreement with Trudihouse, a Joint Venture, for 150 parking spaces
located at 221 S. Water Street. (Motion No. M90-284)
2. January 9, 1996 - Motion authorizing the execution of a five-year Parking
Lease Agreement with Trudihouse, a Joint Venture, for 150 parking spaces
located at 221 S. Water Street. (Motion No. M96-004)
3. February 13. 2001 - Motion authorizing the execution of a five-year Parking
Lease Agreement with Trudihouse, a Joint Venture, for 150 parking spaces
located at 221 S. Water Street. (Motion No. M2001-056)
REQUIRED COUNCIL ACTION: Leases in excess of one year require City Council
approval
BACKGROUND INFORMATION: The City purchased the vacated Central Power & Light
company (CP&L) Building at 120 N. Chaparral on October 7th, 1988, and converted it to the
present Police Station and Municipal Court Facility. This building has a total of 140 on site
parking spaces which is an insufficient number. The zoning of this building is B-5 and
requires 262 parking spaces, either on-site or within 300 feet of the facility. The Police
Department has determined their actual need to be slightly greater than the 262 spaces.
There are 150 parking spaces (meeting the 300 feet criteria) two blocks south of the Police
Station, at 221 South Water Street, which are now owned by 101 Shoreline Ltd. The City
has utilized these 150 spaces since January 1991 under three consecutive five-year lease
agreements. The current lease will expire on January 21, 2006. This parking location,
which is well lit and maintained, provides the spaces necessary for departmental employee
personal vehicles and for police vehicle parking.
Staff proposes to enter into another five-year lease for these spaces. The lease reflects
current market rental rate quotations obtained for parking spaces in downtown area.
EXHIBIT A
>
<r:
z
"ZCJ
,-<' /
~~/
~;'
/1 (~
;/ /.It
\ / I
---J:, ) (iG"
C';,'"', ", X
QtJl!p~--_________ _
~--;:, II)
--'-7 ~ >,T~\:f
\f::\l #t:~~
,) ,11~/ \~,
~
N
""
,-
<J:
W
PROJECT SITE
(J,<iU
l
Z
':"~
-4
C>:
~,
~I
~I
LOCA TION MAP
""'105IOOlE
l'=------1/
r_ MESTINA ST
Ir-'---~l
II
i,
i
':,,=:---, ---dJ
== I~_ L1PAN ST.
~ ~
f
!-)
~) /
.~~//J ~
VICINITY MAP
CITY PROJECT No. 95020
NOT 10 500LC
EXHIBIT "B"
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
OEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 12-07-2005
~
--
- -
- -
PARKING SPACE LEASE AGREEMENT
DURRILL PROPERTIES (101 Shoreline. Ltd)
221 S. WA TER ST
I
Ii
---
LEASE SUMMARY
221 S. Water Street, 150 Parkin~ Spaces ("Premises")
This Lease Agreement IS entered between 101 Shoreline, Ltd., hereinafter referred to as
the Lessor, and the CITY OF CORPUS CHRISTI, a Texas home rule municipal
corporation, hereinafter referred to as the Lessee.
Lessor agrees to lease to the Lessee the following:
One hundred fifty (150) parking spaces on the open lot located on the property bounded by
Kinney, Chaparral, Water, and Cooper's Alley streets in Corpus Christi, Nueces County,
Texas, legally described as'
Block 2, South Beach Addition as shown on "Attachment A" attached hereto
and made a part hereof for all purposes. ("Premises")
1. TERM: To have and to hold the demised Premises unto the Lessee, Lesses's
successors and assigns for the term offive (5) years, commencing on the 22nd day of
January, A.D., 2006 and ending the 21 sl day of January, A.D., 2011.
2. RENT:
The rent shall be payable without demand or notice in equal monthly installments as shown
below, on the twenty-second (22nd) day of each month of the term, hereof beginning on the
twenty-second (22nd) day of January, AD., 2006.
Year 1:
Year 2:
Year 3:
Year 4:
Year 5:
$ 3,308.59 per month (1/22/06)
$ 3,440.93 per month (1/22/07)
$ 3,578.57 per month (1/22/08)
$ 3,721.71 per month (1/22/09)
$ 3,870.58 per month (1122/10)
3. USE: The use of the Premises shall be as a parking lot and for no other purpose
except with the prior written consent of the Lessor.
4. ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the
said Premises without the written consent of the Lessor.
5. SURFACE MAINTENANCE: The Lessor agrees to keep the surface of the
Premises in good repair and maintenance during the term of the Lease Agreement.
Lessee hereby agrees to participate in the cost of the surface maintenance and repair
and pay sixty (60%) per cent of the total, not to exceed Two Thousand Dollars ($2,000)
during the term of the Lease Agreement. Lessor agrees to contact the Corpus Christi
Police Department, Maintenance and Operations Manaaer. 321 John Sartain, Corpus
Christi. Texas 78401 (Tel. No. 361-886-2616) prior to scheduling any surface
maintenance and repairs.
EXHIBIT C
6. MOWING AND GROUNDS MAINTENANCE: The Lessor shall invoice Lessee
promptlv upon receipt of the invoice for mowing and grounds maintenance of the
Premises Lessee agrees to pay 60% of the total invoice
7. ELECTRICAL UTILITIES: The Lessor shall invoice the Lessee for the cost of the
electrical lighting bill submitted to them by Lessors electrical provider, less Twenty
Dollars t$20 00) per month, which represents an allowance for the Lessor's sprinkler
system
8. ALTERATIONS: The Lessee shall not make any alterations, additions, or structural
changes to the Premises without the prior written consent and approval of the Lessor.
Said alterations, additions, and structural changes, if approved, shall remain a part of
the Premises at the conclusion of the term of this Lease.
9. INSURANCE: The Lessee agrees to maintain adequate self-insurance reserves to
protect against any injuries or damages sustained by individuals while upon the
Premises for which the Lessor and Lessee may become liable.
All personal Premises placed on the Premises shall be at the sole risk of the Lessee, and
Lessor shall not be liable for any damages to said personal Premises.
10. DEFAULT REMEDIES: The Lessee hereby agrees that if a default shall be made
in the payment of rent or if the Lessee shall violate any of the covenants of this Lease,
then this Lease may be forfeited at Lessor's discretion if such default continues for a
period of thirty (30) days after Lessor notifies said Lessee in writing at: Corpus Christi
Police Department, Maintenance and Operations Manaqer. 321 John Sartain, Corpus
Christi. Texas 78401 of such default and Lessor's intention to declare the Lease
forfeited. Thereupon, unless the Lessee has completely removed or cured such default,
this Lease shall cease and Lessor shall be entitled to immediately re-enter and retake
possession of the Premises.
10. TERMINATION: The Lessor and Lessee may terminate this Lease Agreement by
giving a six (6) month written notice. The Lessee agrees to deliver up said Premises
upon the expiration date of said term or upon the termination date of the Lease, in good
and properly repaired condition, as exists at the commencement of this Lease.
11. QUIET ENJOYMENT: As long as the Lessee performs all of the covenants and
conditions of this Lease and abides by the rules and regulations, Lessee shall have
peaceful and quiet enjoyment of the Premises for the term of this Lease.
12. AUTHORIZATION:
It is understood that this Lease is not binding on the Lessee until properly authorized by the
City Council and executed by the City Manager, or his designee of the City of Corpus
Christi, Texas.
EXHIBIT C
""ATTACHMENT A~~
@~
~
>--
uJ
-\
...j
~
j\
f'l
ill
Cl.
~ \:)
\J
\J
...
c..~AP'AReAL
t7(
o
I
'1 ..
tr lei 0 rm-<
I ~----
C0UL0=-
2L:..-J
'2
~
(VT
@---
"'<lI[
I p
I I
l~
~-~.~-
.0
k1ATE~ ~I'
~[J
.....-.--. ,. -- -...- ..
.J.
- ~'
@ = lDf"al Humb6r a~ PQrkthg Spt:l~~
o = Pr.fvore Pl~u-./Glh,j c;€O$c:=rv~ct ~,...
f,.ana Ot:t.tner )
Page: 4 of4
AN ORDINANCE
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO RENEW
A FIVE-YEAR PARKING SPACE LEASE AGREEMENT WITH 101
SHORELINE, LTD., FOR 150 PARKING SPACES LOCATED AT 221
SOUTH WATER STREET, BEGINNING JANUARY 22, 2006, AND
APPROVING MONTHLY LEASE AMOUNTS OF $3,308.59 FOR THE
FIRST YEAR, $3,440.93 PER MONTH FOR THE SECOND YEAR,
$3,578.56 PER MONTH FOR THE THIRD YEAR, $3,721.70 PER
MONTH FOR THE FOURTH YEAR, AND $3,870.56 PER MONTH FOR
THE FIFTH YEAR; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. That the City Manager. or his designee, is hereby authorized to renew a
five-year lease Parking Space Lease Agreement with 101 Shoreline Ltd., for 150
parking spaces located at 221 South Water Street, beginning January 22, 2006, and
approving monthly lease amounts of $3,308.59 per month for the first year, $3,440.93
per month for the second year, $3,578.56 per month for the third year, $3,721.70 per
month for the fourth year, and $3,870.56 per month for the fifth year. A copy of the
lease is on file with the City Secretary.
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 10th day of January, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved
Jtt y- .. ~.- , 2006
By: /~ (h /
Joseph HaIney !
Assistant City Attorney
For City Attorney
H: \LEG - OJ R \Joseph \0 RD- Lse- Renew Prkng. doc
C;orpus Christi, Texas
_ day of ~ ___~~..
, 200R
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: If\Ne, 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 '\L EG- OIl< \J oseph\O RD- I ~se- Renevv Prk ng. doc
8
CITY COUNCIL
AGENDA MEMORANDUM
Council Action Date: January 10, 2006
AGENDA ITEM: Motion authorizing the City Manager or his designee to extend Oracle
Real Application Clusters software update and product support from Mythics, Inc. of
Virginia Beach, Virginia in the amount of $58,755.84 for the twelve month period beginning
January 28. 2006. Mythics. Inc. is an approved Texas Department of Information
Resources vendor.
ISSUE: In January 2005, the City purchased a twelve (12) processor based Oracle Real
Application Clusters software licenses with initial twelve month software update and
product support to support the City's Financial Management, Human Resources and
Payroll, Fleet, and Computerized Maintenance Management System applications. This
software enables the Oracle database to be clustered so that the applications can be run
in parallel on multiple servers thereby providing high availability ofthe data. On December
19, 2005, Mythics, Inc. submitted quote number 121905 for Oracle Real Application
Clusters service renewal.
REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over
$25,000
PREVIOUS COUNCIL ACTION:
On October 11, 2005 City Council authorized renewal of ten (10) Oracle Database
Enterprise Edition software update and product support from Oracle USA, Inc., of Reston,
Virginia in the amount of $53,196.00 for the twelve month period beginning November 23,
2005
On January 25,2005 City Council authorized purchase of a twelve (12) processor based
perpetual Oracle Real Application Clusters software and license and first year software
update and product support.
FUNDING:
Amount Budgeted
Source of Funds
,$58,755.84
5210-40470-530160
CONCLUSION AND RECOMMENDATION:
Staff recommends approval of the motion as presented.
o .~. ~&:
Ogilvie F. Gericke
Director of MIS
Attachments:
Exhibit A Quote Number 121905
Mytnics,lnc
1439 Creat Neck R03d suite 20'
Virginia Beach IA. 23451'1
""'par,,,j For' oj l of Corpus Christi
.~
i!19"~
P~-l'pan'd OIl D(,(,(,lllhn 1l). 20n~
PlcaM' fa\ a cou\ of tht Pun:hasc Order lH.i; i:=;~.~12-11L~!.~
\1\01;\'" "rpt.'-:t'hlll I ~ dr.l\ fnfi~.t It)~"""S"l
dBO j )~
f' 'Hls@lcctexas com
Oracle Support Renewal
Updates Subscription & Product Support
Start Date: January 28. 2006
Product
Real~~n~lust~
DatabasE!En~~ E<1i!ion
Change ~llll,98~t Pack
Diagnostics Pack
'uning Pack
CSI
14342219
14342219
14342219
14342219
"1342219
IOlller Notes'
Payment Tenns: Net 30 Pending Credir Appr0val
i FOB Destinadon, freight prepaid
I Mythics Fed Tax 10# 54- 1 987871
Level
Full Use
Full Use
Full Use
C:ull Use
Use
Business Size: Smail
DUNS: 0 13358002
CAGE CODE: 1 T A34
End Date: January 27,2007
Quantity
12
2
12
12
Mythies offers afull line of consulting sen'icesfor Oracle products.
Contact), >/11' ,1hrlllD account I'eprcscnrmil'ejor details,
Quoit' I'repared B~: I odd Btl\v<:n
Type
Processor
Processor
Processor
Processor
Processor
1...L...... ic~.e. .~.n..~.se.~.....T-..e.~.. r.... 'm...
~ I"erpetual_ _
_~ual_
P~ual
Perpetual
P erpetul31
\, l)tlllc~ IlJ,,--
rhone#: ,,7_.'1\~XIIXh
Flail: 757-412-10<,(1
Price
$32.94L2Q
$10.982~_
~<t,~!2.08
1,!,9~~ ,Oil
$1.94208
Total Amount: $58,755.84
9
CITY COUNCIL
AGENDA MEMORANDUM
January 10, 2006
AGENDA ITEM'
A Resolution designating the City Secretary or his designee as the Public
Information Coordinator for the Mayor and City Council.
B. Resolution directing each Board, Committee, and Commission Member to
comply with the training requirement of the Texas Public Information Act by
designating the City Secretary as the Public Information Coordinator.
ISSUE'
fhrough Senate Bill 286, the 79th Legislature amended the Public Information Act to
require each elected or appointed public official to complete a course of training of not less
than one (1) and not more than two (2) hours regarding the responsibilities of the
governmental body with which the official serves and its officers and employees under the
Public Information Act. The training must be completed before the end of December 2006
for officers presently holding office or within ninety (90) days for officers elected or
appointed after January 1 , 2006.
The training is available on the Texas Attorney General's website www.oaQ.state.tx.us.
The training is available through a DVD provided by the Attorney General. A certificate of
completion of the training is required to be filed with the City Secretary.
An alternate method of compliance with the training requirement is the designation of a
Public Information Coordinator for the public official. The Public Information Coordinator
must be primarily responsible for administering the responsibilities of the public official or
the governmental body under the Public Information Act. The Public Information
Coordinator must complete the training within ninety (90) days after the coordinator
assumes duties as coordinator.
A. The proposed resolution designates the City Secretary or his designee as the Public
Information Coordinator for the Mayor and City Council. The City Secretary is primarily
responsible for administering the responsibilities of the Mayor and City Council under
the Public Information Act. This action will allow compliance with the training
requirement by the City Secretary receiving the mandatory training.
B. The proposed resolution directs each member of each city board, committee, and
commission that is subject to the training requirement to complete the mandated
course either by attending the training or appointing a public information coordinator.
T~le ':=ity Secretary 13 primarily responsible for administering the responsibilities of the
boards. committees, and commissions. Therefore, the training requirement may be
met by each board, committee and commission appointing a public information
COOl dlnator
REQUIRED COUNCIL ACTION: Approve the resolutions as presented.
CONCLUSION AND RECOMMENDATION: City staff recommends approval of the
designation of the City Secretary or his designee as the Public Information Coordinator for
the Mayor and City Council. City staff recommends City Council direct each city board,
committee, and commission to comply with the training requirement of the Public
information Act by either completion of the course or appointment of the City Secretary as
the public information coordinator for each board, committee, and commission.
)7k ~ ~
Mary Kf Fis er "-"
City Attorney
RESOLUTION
DESIGNATING THE CITY SECRETARY OR HIS DESIGNEE AS THE
PUBLIC INFORMATION COORDINATOR FOR THE MAYOR AND CITY
COUNCIL
WHEREAS. Texas Government Code, Section 552.012 requires each elected or
appointed member of a multimember governmental body to complete a course of training
of not less than one hour and not more than two hours on the responsibilities of the
governmental body and its officers and employees under the Texas Public Information Act;
WHEREAS, Section 552.012 permits a public official to designate a public information
coordinator to satisfy the training requirements for the public official if the public
information coordinator is primarily responsible for administering the responsibilities of the
public official under the Texas Public Infonnation Act;
WHEREAS, the City Secretary is primarily responsible for administering the
responsibilities of the Mayor and City Council under the Texas Public Infonnation Act;
WHEREAS, the Mayor and City Council desire to comply with the training requirements
under Section 552.012 by designating the City Secretary or his designee as the Public
Information Coordinator for the Mayor and City Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS.
SECTION 1. The City Secretary or his designee is designated the Public Information
Coordinator to satisfy the training requirement of Texas Government Code, Section
552.012
SECTION 2. The City Secretary and his designee shall complete the mandated course of
training not later than the 90th day after the date of this resolution.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved: January 10,2006
a,i~ ,~div
~. Smith
Assistant City Attorney
for City Attorney
PIC designation 060110
2
Corpus Christi, Texas
of
2006
The above resolution was passed bv the following vote
Henry (-Jarrett ____ __
Brent Chesney _ ______
John E. Marez
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
Jesse Noyola
Mark Scott
PIC designation 060110
RESOLUTION
DIRECTING EACH BOARD, COMMITTEE, AND COMMISSION MEMBER
TO COMPLY WITH THE TRAINING REQUIREMENT OF THE TEXAS
PUBLIC INFORMATION ACT BY DESIGNATING THE CITY SECRETARY
AS THE PUBLIC INFORMATION COORDINATOR
WHEREAS. Texas Government Code, Section 552.012 requires each elected or
appointed member of a multimember governmental body to complete a course of training
of not less than one hour and not more than two hours on the responsibilities of the
governmental body and its officers and employees under the Texas Public Information Act;
WHEREAS, virtually every board, committee, and commission of the City of Corpus Christi
is subject to the training requirement;
WHEREAS, City Council deems it in the public interest that each member of each city
board committee, and commission comply with the training requirement of the Texas
Public Information Act;
WHEREAS, Section 552.012 permits a public official to designate a public information
coordinator to satisfy the training requirements for the public official if the public
information coordinator is primarily responsible for administering the responsibilities of the
public official under the Texas Public Information Act;
WHEREAS, under the existing practices of the City of Corpus Christi, the City Secretary is
primarily responsible for administering the responsibilities of each board, committee, and
commission under the Texas Public Information Act;
WHEREAS, the Mayor and City Council encourage the members of each board,
committee, and commission to comply with the training requirements under Section
552.012 by designating the City Secretary or his designee as the Public Information
Coordinator for the board, committee, or commission;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS,
SECTION 1. Each member of each city board, committee, and commission is directed to
comply with the training requirement of Texas Government Code, Section 552.012.
SECTION 2. Each board, committee, and commission is encouraged to designate the City
Secretary or his designee as the Public Information Coordinator to satisfy the training
requirement of Texas Government Code, Section 552.012.
PIA Training Bds, Comm 060110
2
ATTEST:
THE CITY OF CORPUS CHRISTI
-- -----~_._--_..__.~_.__._---
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved: January 10. 2006
~0rtjilL
Gary . Smith
Assistant City Attorney
for City Attorney
PIA Training Bds. Comm 06011Q
3
Corpus Christi . Texas
of
.2006
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
PIA Training Bds, Comm 060110
10
CITY COUNCIL
AGENDA MEMORANDUM
January 10, 2006
AGENDA ITEM: Ordinance abandoning and vacating a 2,814.67-square foot portion of a
10-foot wide utility easement out of Lots 2 & 3, Block 1, Shannon Middle School Tract,
located south of and adjacent to South Padre Island Drive (SPID), and east of the Airline
Road-SPID intersection requiring the owner, to comply with the specified conditions; and
declaring an emergency.
ISSUE: The reason for the closure of the utility easement is to allow for the future
construction and development of Padre Commons Plaza (SDI Realty).
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
S-~p
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
Urban Engineering, on behalf of the owners of Lowe's Home Centers, Inc., are requesting
the abandonment and vacation of a 2,814.67-square foot portion of a 10-foot wide utility
easement out of Lots 2 & 3, Block 1, Shannon Middle School Tract, to eliminate a conflict
with a proposed building site The easement to be abandoned and vacated is located in a
"B-4" General Business Distnct
All public and franchised utilities were contacted. City Gas Department has an existing gas
line that will have to be relocated at owner's expense. Wastewater Department has an
existing wastewater sewer line that will have to be abandoned and new lines to be
constructed, at owner's expense. AEP had no objections, but will seek reimbursement if
adjustments to their facilities become necessary. SBC had no objections, but will seek
reimbursement if adjustments to their facilities become necessary. None of the other city
departments or franchised utility companies had any facilities within the utility easement.
There were no objections regarding the proposed utility easement abandonment.
Owner is to pay a fair market value fee of $8,380.00 for the net difference (1 ,396.13-sq. ft.
x $12.00 per/sq.ft .x 50% discount) between the abandonment and dedication of easement
rights-of-way. The 1 ,423.13-square feet is the total net square footage between the
2,814.67 -square feet of 1 O-foot wide utility easement being abandoned and vacated and
the 1 ,418.54-square feet of easement being dedicated.
EXHIBIT A
FROM B', Hollv. l\iCP Director of Development Services
DATE: Jililuary 4, 2006
ro THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: J:H1uary 10,2006
ORDINANCE CAPTION:
Ordinance abandoning and vacating a 2,814 67 -square foot portion of a 1 O-foot wide utility easement out of
Lots 2 & 3. Block 1, Shannon Middle School Tract, located south of and adjacent to South Padre Island Drive
(SPID), and east of the Airline Road-SPID intersection. requiring the owner, to comply with the specified
:.:onditions and declaring an l~rnergency
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded ,n Volume 64 Pages 103-104. of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
Owner is to pay a fair market value fee of $8,380.00 for the net difference (1 ,396.13-sq. ft. x
S 1:Z 00 per/sq ft 0: 50"/,) discount) between the abandonment and dedication of easement
rights-of-way. Tile 1 ,396.13-square feet is the total net square footage between the
2,814.67 -square feet of 1 O-foot wide utility easement being abandoned and vacated and the
1 41854-square feet of easement being dedicated.
2 AEP had no objections, but will seek reimbursement if adjustments to their facilities become
necessary.
3) SBC had no objections, but will seek reimbursement if adjustments to their facilities become
necessary.
4' Existing wastewater sewer line is to be abandoned and new lines are to be constructed, at
owner's expense
5 Gas Department has an existing gas line that will have to be relocated at owner's expense.
6 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.
7 Owner must comply with all the specified conditions of the ordinance within 180 days of
Council approval
REQUESTED BY:
, irector of Development Services
DATE:
APPROVED:
DATE EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 2,814.67-SQUARE FOOT PORTION
OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOTS 2 & 3,
BLOCK 1, SHANNON MIDDLE SCHOOL TRACT, LOCATED SOUTH
OF AND ADJACENT TO SOUTH PADRE ISLAND DRIVE (SPID) AND
EAST OF THE AIRLINE ROAD-SPID INTERSECTION; REQUIRING
THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND
DECLARING AN EMERGENCY.
WHEREAS, there is a 2,814.67 -sq uare foot portion of a 10-foot wide utility easement
out of Lots 2 & 3 Block 1, Shannon Middle School Tract, located south of and adjacent
to South Padre Island Drive (SPID) and east of the Airline Road-SPID intersection, as
recorded in Volume 64, Page 103-104, 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 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 2,814.67-square foot portion of a 10-foot wide utility easement
out of Lots 2 & 3, Block 1, Shannon Middle School Tract, located south of and adjacent
to South Padre Island Drive (SPID) and east of the Airline Road-SPID intersection, as
recorded in Volume 64, Page 103-104, Map Records Nueces County, Texas, is
abandoned and vacated for public use as a utility easement, subject to Owner's
compliance with the following specified conditions as part of the abandonment and
vacation:
1) Owner is to pay a fair market value fee of $8,380.00 for the net difference
(1,396.13-sq. ft. x $12.00 per/sq. ft. x 50% discount) between the abandonment and
dedication of easement rights-of-way The 1 ,396.13-square feet is the total net square
footage between the 2,814.67-square feet of 10-foot wide utility easement being
abandoned and vacated and the 1 ,418.54-square feet of easement being dedicated.
2) AEP had no objections, but will seek reimbursement if adjustments to their
facilities become necessary
3) SBC had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
4) Existing wastewater sewer line is to be abandoned and new lines are to be
constructed, at Owner's expense.
!; LE G-DIR !oseph\OR D-Shanon 1-,\\ dOl
5) Gas Department has an eXisting gas line that will have to be relocated at owner's
expense
6) Upon approval fronl 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.
( ) Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval
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 10th day of January, 2006.
ATTEST
THE CITY OF CORPUS CHRISTI
-
Armando Chapa
City Secretary
Henry Garrett
Mayor
Approved
,,) It '------ c;.
o
,2006
By. /~ I \----
Joseph arney 0
Assistant City Attorney
For City Attorney
HI! EG DIR Joseph\ORD-Shanon ) -;i\'.d,)(
Corpus Christi Texas
_ day .:/
,2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi. Texas
For the reasons set forth In the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IlWe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully.
Respectfully,
-
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
II"JLG-DJ k. Joseph\ORD-Shanon 1-;; ,d'l(
---.--'-
---"---
_---' - " --r
-- \- - - - - ~\ - -- -
\ ~)
/
.-
\
~\
r\ \
" \
\
~
W1LL"AMS DRI\-/[
\ L~ (~
~~\
~ ~~ <0
o. ~,..
~~~r
~\~ ~ <2-
'C 'G.r \:
{\\,/
':),0:. .....
~~Q
..... a c:..
,:0
~
\
\
\
90' 60'
~
30' 0' 60'
II~
GR
1--60'
UNE
L1
12
BEARING
HarJO 05
S2a-58 50
:~,
\-,r,.
H ~NLEY DR1 vr
;
';..
'~
~
'>'
no:
o
$'
Ci'
o
$'
g;
~
tj
::>
'"
n.
Vl
8
3'
~
o
z
-<(
'-'
o
"
~
:5
~
w
u
0::
Vl
'MLLIA~S DRIVE'
LOCATION MAP N.T.S.
South Padre Island Drive
(Stote Highway 358)
S65'01'23'[
- -(4' S.L
24 25
8ayrhr
Subdivision
V.24, Pg.40
"
\..... 20'1.R./w.l
561'01 '10.E
0.065 ACRES
O'U.E N61'01 '10-W
283.96'
2814.67 S ,FT.
278.98'
Point of
Beginning
Lot 3. Block 1
Shannon t.tlddle School Tract
Vol, 6.... Pga. 103-10.... Mop
Recorda of Nuecea County. Tex08
\
\
\
\
\
Map to Accompany
FIELDNOTES for the closure of a 10.00 foot wide utility
easement, out of Lots 2. 3. Block 1. Shannon Middle
School Tract. 0 map of which is recorded in Volume 64,
Pages 103- 1 04. Map Records of Nueces County, Texas.
120'
I
DISTANCE
11.17
10.00
DA 1E: DEC. 7, 2005
SCALE: 1--80'
JOB NO.: 23507.A5.03
SHEET: 1OF1
DRAWN BY: Dl
11
CITY COUNCIL
AGENDA MEMORANDUM
January 10, 2006
AGENDA ITEM: Ordinance abandoning and vacating a 3,002.90-square foot portion of a
1 O-foot wide utility easement out of Lot 4, Block 1, Shannon Middle School Tract, located
south of and adjacent to South Padre Island Drive (SPID), and east of the Airline Road-
SPID intersection; requiring the owner, to comply with the specified conditions; and
declaring an emergency.
ISSUE: The reason for the closure of the utility easement is to allow for the future
construction and development of Padre Commons Plaza (SDI Realty).
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.
~
.k~IY'AICP
r-v <--- Dir ctor 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
Urban Engineering, on behalf of the owners, SDI Realty, are requesting the abandonment
and vacation of a 3,002.90-square foot portion of a 1 O-foot wide utility easement out of Lot
4, Block 1, Shannon Middle School Tract, to eliminate a conflict with a proposed building
site The easement to be abandoned and vacated is located in a "B-4" General Business
District.
All public and franchised utilities were contacted. City Gas Department has an existing gas
line that will have to be relocated at owner's expense. Wastewater Department has an
existing wastewater sewer line that will have to be abandoned and new lines to be
constructed, at owner's expense AEP had no objections, but will seek reimbursement if
adjustments to their facilities become necessary. SBC had no objections, but will seek
reimbursement if adjustments to their facilities become necessary. None of the other city
departments or franchised utility companies had any facilities within the utility easement.
There were no objections regarding the proposed utility easement abandonment.
The Owner will be dedicating a new smaller easement on the property and that the Owner
will be responsible for paying any balance of fair market value due after deducting the
value of the new easement from the total of $15,865.00 for the abandonment and vacation
of the 3,002.90-square foot portion of a 10-foot wide utility easement.
Owner is to pay a fair market value fee of $15865.00 for the net difference (2,440.54-sq. ft.
x $13.00 per/sq.ft .x 50% discount) between the abandonment and dedication of easement
rights-of-way. The 2,440.54-square feet is the total net square footage between the
3,002.90-square feet of 1 O-foot wide utility easement being abandoned and vacated and
the 562.36-square feet of easement being dedicated.
EXHIBIT A
FROM B .1\. Holly, AICP Director of Development Services
DATE: January 4 2006
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: _Ji1l1U3ry 10, 2006
ORDINANCE CAPTION.
Ordinance abandoning and vacating a 3,00290-square foot portion of a 1 O-foot wide utility easement out of
Lot 4, Block 1, Shannon Middle School Tract, located south of and adjacent to South Padre Island Drive
(SPID), and east of the Airline Road-SPID intersection, 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 64. Pages 103-104, of the Map Records of Nueces County, Texas.
SPECIFIED CONDITIONS AS PART OF CLOSURE:
OWller is to pay a fair market value fee of $15865.00 for the net difference (2,440.54-sq. ft)
between the abandonment and dedication of easement rights-of-way. The 2,440.54-square
feet is the total net square footage between the 3,002.90-square feet of 1 O-foot wide utility
easement being abandoned and vacated. and the 562.36-square feet of easement being
dedicated
2 AEP had no objections, but will seek reimbursement if adjustments to their facilities become
necessary
3) SBC had no objections, but will seek reimbursement if adjustments to their facilities become
necessary.
4) Existing wastewater sewer line is to be abandoned and new lines are to be constructed, at
owner's expense
5 Gas Department has an existing gas line that will have to be relocated at owner's expense.
6 i 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.
7 Owner must comply with all the specified conditions of the ordinance within 180 days of
Council approval
REQUESTED BY:
.~
DATE:
APPROVED:
DATE: EXHIBIT B
AN ORDINANCE
ABANDONING AND VACATING A 3,002.90-SQUARE FOOT PORTION
OF A 10-FOOT WIDE UTILITY EASEMENT OUT OF LOT 4, BLOCK 1,
SHANNON MIDDLE SCHOOL TRACT, LOCATED SOUTH OF AND
ADJACENT TO SOUTH PADRE ISLAND DRIVE (SPID) AND EAST OF
THE AIRLINE ROAD-SPID INTERSECTION; REQUIRING THE OWNER
TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING
AN EMERGENCY.
WHEREAS, there is a 3,002.90-square foot portion of a 10-foot wide utility easement
out of Lot 4, Block 1, Shannon Middle School Tract, located south of and adjacent to
South Padre Island Drive (SPID) and east of the Airline Road-SPID intersection, as
recorded in Volume 64, Page 103-104, 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 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 3,002.90-square foot portion of a 10-foot wide utility easement
out of Lot 4, Block 1, Shannon Middle School Tract, located south of and adjacent to
South Padre Island Drive (SPID) and east of the Airline Road-SPID intersection, as
recorded in Volume 64, Page 103-104, Map Records Nueces County, Texas, is
abandoned and vacated for public use as a utility easement, subject to Owner's
compliance with the following specified conditions as part of the abandonment and
vacation
1) Owner is to pay a fair market value fee of $15.865.00 for the net difference
(2,440.54-sq. ft) between the abandonment and dedication of easement rights-of-way.
The 2,440.54-square feet is the total net square footage between the 3,002.90-square
feet of 10-foot wide utility easement being abandoned and vacated, and the 562.36-
square feet of easement being dedicated.
2) AEP had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
3) SBC had no objections, but will seek reimbursement if adjustments to their
facilities become necessary.
4) Existing wastewater sewer line is to be abandoned and new lines are to be
constructed, at owner's expense.
H :LEG-DIRJ oseph\O RD-Shanon2-avdoc
5) Gas Department has an existing gas line that will have to be relocated at owner's
expense
6) 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.
7) Owner must comply with all the specified conditions of the ordinance within 180
days of Council approval.
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 10th day of January, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
Armando Chapa
City Secretary
Approved <::h'to 5'
,2006
By ~ (~.
Joseph arney
Assistant City Attorney
For City Attorney
H :\LEG- DIR \Joseph\ORD-Shanon2-a v .doc
Corpus Christi, Texas
day of
?n(!R
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: IlWe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
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 doseph\ORD-Shanon2-av dOl
~
i-j<\NLEY DR;v[
'1
0"
'i
w
>
0:
o
~
-~
~
ii'
o
o
o
o
3;
w
B
z
<:
u
u
o
o
3;
w
u
:)
a::
n
(j)
~
[t
o
-:1
~.
o
o
o
""
w
u
ii
[f)
W'lLLiAMS DRiVE
LOCATION MAP N. T.S.
South Padre Island Drive
(SbIt. I#g/Ift1y S56)
S65'01'23"[ 401.39'
"'
561'01'10"[ 198.19' ____ "\ \
:,,""~'YR ;tJ.E.,/ _ _ _ _ ~ _ _ _ _.- --
,
\ ~ \
-"\
~ '\ \ '----- i()()2.898 SQ. FT ' ,
~\ -0" OJ169A CRFS \'~<;r
~ \ ,'<<' Lot 4, Block 1 \
~ \ \ Shannon ~tddle School Tract
~. \ \ Vol. 64. Pgs. 103-104. ~ap .--
, \ '{~ Records of Nueces County, Texas '\.
'2". \\\.~) \
~. '<
~ ~,\,
~ \ \
-:g
o ~ \'
0.. % \'
.,., \
.P. \\
\ \
S61.01'10.E
300.29'
1>102"28' J(}E J3.82'
N61'01'10-W
300.29'
Easement Closure
Lot 3, Block 1
Shannon ~Iddle School Tract
Vol. 64, Pgs. 103-104. ~ap
Records of Nueces County, Texas
\
..-
./ .
./ ./
./ ./
./ ./
./ ./
./ ./
./ ./
./ ./
./ ./
//
~1_1!!r
Map to Accompany
DA 1E: DEe. 2. 2005
SCALE~ 1-.100'
JOB NO.: 23507.A5.02
SHEET: 1OF1
DRAWN BY: SM
FlELDNOTES for the closure of 0 10.00 foot
wide utility easement out of Lot 4, Block 1,
Shannon Middle School Tract, a map of
which is recorded in Volume 64, Pages
103-104, Map Records of Nueces County,
Texas.
12
CITY COUNCIL
AGENDA MEMORANDUM
December 20, 2005
A.GENDA ITEM' Ordinance regardmg 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.
J~7J7 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 or. February 1 of the folluwing yaal. Suet', taxes are cUllently
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 l\prroval 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
private 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 ~r:9ifl. an.ce w~s read f9r the first time and passed to its second
reading on this the C!fZ" day of U..Q-~ ,2005, by the following vote:
Melody Cooper
Mark Scott
~
~
~
WO
Jerry Garcia
_U*.U~
(~..-
"' L
LlJJV'
U
=~
Bill Kelly
Henry Garrett
Brent Chesney
Rex A. Kinnison
John E Marez
Jesse Noyola
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 Secreta ry
Henry Garrett
Mayor
APPROVED: December 15, 2005
i!. ,_A/Y1-
Lisa Aguilalj
Assistant CI y Attorney
for City Attorney
13
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 Nonconformina lots of record.
(1) Authority to utilize for sinqle-family residence. In any district in which sinqle-family
detached dwellinqs are a permitted use. notwithstandinq the requlations imposed by
any other provisions of Article 26, a sinole-family detached dwellino which complies
with the restrictions of this Section may be erected on a non-conformino 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 adioininq 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 zonino or other ordinance; and
H .\LEG-DIR\JOSEPH\ORD-NONCFG-LOTS-ZNG. DOC
2
{s;) Has remained in separate and individual ownership from adioininq tracts of
land continuously as of the date of passaqe of this amendinq Ordinance.
(2) Requlations for sinqle-family use of non-conforminq lots. A non-conforming lot
authorized to be used pursuant to this section may be used for sinqle-family dwellings
and permitted accessory uses thereto. Construction of such sinqle-family dwellinqs shall
comply with all the reQulations (except lot area, width) applicable to single-family
dwellings in the zoninq district in which such lot is located, except that the followinq
requirements shall apply in place .of the requirements otherwise applicable:
(a) The dwellinQs shall be placed on the lots as to provide a yard on each side of
the dwellinq;
(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
reQulations of said zoninQ district; and
(c) No side yard shall be less than three feet.
(d) The sinQle family dwellinq and permitted accessory structure shall be no
more than 2 stories or 26 feet in heiqht.
(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 2ih 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\LE G-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 ~1V' day of ~'''- ,2005, by the following vote:
Henry Garrett
~~~-
tttl
-.-.----
---(~- --
...~~
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 _________, 2006, 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
,2006.
ATTEST:
CITY OF CORPUS CHRISTI
Samuel L. Neal, Jr.
Mayor
Armando Chapa
City Secretary
Approved as to form b~~.J..., I r
,2005
By:
~ l~ //
Joseph arney 0
Assistant City Attorney
For City Attorney
H. \LE G-DI R\JOSEPH\ORD-N ONCF G-L 0 TS-ZNG. DOC
14
CITY COliNCIL
.\GENDA l\lEMORA~DlJM
('it~. ('ollllcil Hearing Date: January I U, 2()06
\GENDA ITEl\I:
la) PublIL' hearing on request tor a variance to operate all establishment with on-premise
consumption of alcoholic beverages.
(b) Resolution granting a variance. under Section4-5(F) of the Code of Ordinances to Scott
Entertainment, Inc. for "Always Bats", to operate an on-premise alcoholic beverage establishment
located at 4650 Kostoryz Road.
ISSUE: Scott Entertainment, Inc. is requesting a variance to allow the on-premises consumption of
alcoholic beverages at Always Bats. The establishment is located within 300 feet ofa daycare
center State La\\ allow~ a City to prohibit any person from maintaining a business for the
dispensing and sale for on-premise consumption of alcoholic beverages within 300 feet of a daycare
center unless City Council has approved a variance to the distance requirement.
PREVIOUS COUNCIL ACTION: On December 16,2003, the City Council approved an
amendment to Section 4-5 of the Code of Ordinances relating to the location of establishments that
dispense or sell alcoholic beverages for lm-premise consumption and are located within 300 feet of a
daycare center.
REQUESTED COUNCIL ACTION: Approval of Resolution
FUNDING: None.
RECOMMENDA TION' Approval
~ ftJ.~
Michael N. Gunning, AICP
Assistant Director,
Development Services Department
\ge'ld;, \1enlnr;1I1d!I1"
!. a~,'l\, r^H(',)IHI~,(l2 IS",,, f'.lllltl,illilllC'I't. III
i ~at~ ' ...,
B\(,KGROll~D Il\iFORI\L\TION
\I\\'(\\s Bat\ formcrl) kn()\\n :\s I{at's Puh from Il)~] tp Fcbruary 2()05 and Tejano Country
ii'um Fcbruar) Iu Sq)ll'll1lwr =()()~ I~ IUl'alcd ,I' ill::' till' l\\St sitk or Kostor)/ Road. In .July of
!9X4 1:\\l'rtlS IOIII\g.\.." ,1I]11 h:irs ~l'l"1I1g. ;\!coh,ll l\lT\..' l'\cludl'd as an aJ1o\vabIc use from the
'R I' /ol1in::, ,l1stri\..'l J1l,lkll1::' "\);\1\ Pllh" i\ 11\I!l-I'\llltl)!'!ll!ng. Ill' grandfathercd use. In March
ill' I (,):-\4 the uwner 01 "'H;lt's Puh" \\as granted ;1 "SP" Spe\..'lal Permit allowing for a 7()()
squal'l' foot c\:pansion to thc c\:istin1:' establishment. The granting of an SP was necessary
because the establishment located In a "B-1" '\Jeighborhood Business District was now a
non-conforming use. The proposed owners 01 the establishment desire to sell alcoholic
beverages and arc therefore requesting a variance.
City Variance Procedure
State law allows a city to prohibit any person ti'om maintaining a business for the dispensing
and sale for on-premises consumption of aleuholic beverages within 300 feet of churches,
daycare centers, hospitals, and sch()ols unless the City Council grants a variance to the
distance requirements.
According to the City Code of Ordinances, In order for Council to grant a variance, a public
notice must be published in the newspaper ten (10) days before the hearing date and notices
mailed to all property owners, churches, daycare centers, childcare facilities, public or private
schools and public hospitals within 300 feet from subject property. The ordinance also states
that the City Council may, upon appl ication, allow a variance to the regulation if the Council
determines that enforcement of the regulation in a particular instance is not in the best
mterest of the public, constitutes waste or inefficient use of land or resources, creates an
undue hardship on an applicant for a license or permit, does not serve its intended purpose, is
not effective or necessary, or for any other reason, after consideration of the health, safety,
welfare of the public and the equities of the situation, detemlines it is in the best interest of
the community."
Land Use and Zoning Issues
Always Bats is zoned "B-1 /SP" Neighborhood Business District with a Special Permit and is
located along the east side of Kostoryz Road, approximately 100 feet north of Gollihar Road
and has been in operation since 1981. Always Bats is within 300 feet of the Bright
Beginnings Child Day Care Center, formerly known as Peter Pan Day Care Center and has
co-ex isted in continuous operation for over 25 years.
The nearest residential use is located along the rear or east side of the subject property and is
approximately 100 feet from the actual building within the "R-l B" One-Family Dwelling
District. There is commercial development to the north and south, immediately adjacent to
the subject property. Gils' Club immediately to and south of the subject establishment and is
H I'U, DIRSHARIDIGAIL..wORIJ : AlH I-ABc }(j05-02AGINll\ \1Uvl0.DOC
\",'ml' 'v1t'1l10randlll1l
"'a.,,,~ :-~\; T.-\IH '~.()ll~-O_ iSL'",tt Llll~Tt.id]jlh-';l~ I
1\1,'.....'
tI.,o \\ Ithlll ~()O fc'c" ,,1' 1Ih d:!\(':!1\' (('nter Ihl' ,'llIh h:\~ :l1.,t) heen in operation for several
VV:ll"
Findin2s and Recommendation
The "Always Bats" club and "Bnght Beginnings Child Dayc;ln:' Center" have co-existed with
cal.h other !()r U\CI 25 \e~lIS 111 <";eptcmher uti t)t)7 dayclre eenters were added to TASe
regulations as a prohiblll'd USl' \\Ithlll 300 reet ur all eSlablishment possessing a permit to sell
alcohol 1'01' on-premise consumptlOIJ The 11l:j1Unt~ ur alcohol sales will likely occur in the
late atternoon or evening when the daycare center IS closed. Therefore, a continuance of on-
premise consumption or aiL'oho! at \lways Bat\ \\oull! have minimal impact on the daycare
center
Staff Recommendation: Approval of the Variance.
Attachments: Location and Notice Map
Letter from Mr. Chris McJunkin
Resolution
H., I'LN D1RSH!\RI':I)\(j;\IL\WORIY'! /\IV -'T..\B('()05.02AGFNDAMEMO.D()('
/~
/ 0
/ Q-
Jlffi
i,'~~
'~:q
19 ''-....,~ 11 " "-
18 ~. 4'l' Jr''9~ I 10
17 ~'" ~..~ Q7~ 7
. '. ,'~' 8' o',',
.~'117,;~/;~
"'8' ~)'8~ € ,!;~.i-. ~ .
~. . /~. 5 '" !'~ / ~
, . ..... /.' '9:-
.....41/.....4'/0
/ 3 'I!..... 3.'......./,.'5- /
1........ ;,."/;' ~J f. 14
", / <~f,: ... ';;
I.>.... :/.' ..j / (i ~
, . I." "f..
'~2:~;/~~'~::(. '.
4 ....i~,./ ! / ...., '....... i'
f. ~8 ~, z.... 1..8....,(
'; .... / a-1" '"
1. ~,_ 17 '- 19 I
2E
, ~J B 4'
25/~
24"'/.4:'
/J...Q'
.''':J ....
'ct
'"
r:::' ~
'1~
'-'
.~
,
.'2
21
3UNNYBRpOK
UNIT )
'Oc'
1f
y
"
!/IIOUDCRE:Sl
HE1GHTS
YBR;~
112
UNIT 3
......
~'"
A-1
AS
SUNNYBROOK
UNIT 3
2~
"
20
16
F.R Farm Rural District
RE Residential Estate District
RA One Family Dwelling District
R-1A One Family Dwelling Olstrict
R.18 One Family Dwelling District
R-1C One Family Dwelling District
City of Corpus Christi, Texas
Department of Development Serv'ces
:..' ,
/ '.,...... 20~
", 2~...~.
21A.. 'f-....
'8-": . 8A
11 21 ~.__ /~_ 88
..... 22 /..,
, '. I........
2'~YAC~::y
;/~~~"Y
'-( ~ ~2);.... j.,....'--..... 12 ~
/ ", 12tt-'/... /
.... ...... ............/1
:'......... 13....." .........J /
.'-.....~.......;..,. "~ I..
............ ~. I. ......., /
. 14Et... ' . . 2~ I A
........ 14. "... .......... / / '
........... '",/ 2 'Y
'.
',>- I
S,JUTH'4!tPOO ~Sf'iIJ:H)4
"rc.
"-
c.;
-~
..
0"/
_0
XV
"'-.
J...
"
~
~O
..:t
~.
is?
'0
t;;)
SOUTHWOOD .' d!'" .
'ICrT PARCEl.-,
SUBJ~ f:t
.,. 9:-
,,0
O~
~
SUNNYBROOK
UNIT
-""-'
'.
~:.
~8A-, '.
"'- -',
188'. . ~.,
. 19);.......... "~
. '. 19B ....,. .
/ /// .... '-.... /
~:1~ I
214 'l~
.""
....,
21B
12A
}..~ /
"'O<~...... .
/.... }- o~
' '2~ I'J,..,'
,~"
",
1:iit
/
I
/ 4
7'
..... .
./'''';:
/
/
1-.....
'......",
3A
;El--.
4A",,-
~,
'., ;;;;:-..
'....
. 5f!'......
~.. .
6.
'6ir....'
, "'...... ". B~
.'0. /~ !. .'?
'1........, / :1....4'-....../
. ......, "" /S-1!SP I ,
R_21o/~P'4:~~""'" / /...... ~...'y
"-... ,rAtitN i.... ' '_
19 /18 '~AC9 ~l / 'I../........j
17 'i-.. 'Y1;B ;--.... /It~
1[, 15;~L9 /Eo!~lro
! / 13 / ~E ! ...AF
'. / / 12 I,! /" '>
/ .~. / / '><Z', '.
" / 13/, ,I
" ; 3 1 '. 5 A
/~2. . off.
.~
,8-1
. ~~stli~
.</-t~. 9'~;. r
to'..t .11y
~
6-4
MAHAN
MA~~L~E/
AC~:~,:'~~
/
/lA
l. MAfMN'
>iA<.;i'~ 10
13
B-44
16
:/
i'
'.
19
.'''-'
10'/\
~
......
T ABC 2005-02
Notice Map
R-TH Townhouse Dwelling District
R-2 Multiple Dwelling District
T.1A Travel Trailer Park District
T.1B Manufactured Home Park District
T .le Manufactured Home Subdivision District
A-l Apartment House District
A,1A Apartment House Distnct
A-2 Apartment House District
AT Apartmenl~Touri51 District
A.S Professional Office District
B~1 Neighborhood Business District
B-1 A Neighborhood Business District
B~2A Barrier Island Business Districl
B~2 Bayfront Business District
BD Corpus Christi Beach Design Disrict
B~3 Business District
8~ General Businen District
8-5 Primary Business District
B-6 Primary Business Core District
1-1 Limited Industrial District
..
r
/
1-2 Light Industrial District
1.3 Heavy Industrial District
SP Special Pennlt
PUD Planned Unit Oevelopment
He Hlstorical..cultural landmark Preservation
N
A
75
150
300
Feet
P""""""Ii
11/30105 SRR
.
" W'
CHlU~lOPHER K MCJUNKIN
:, -rc~" '1_;' ~ ,.:;'
2842 LA"\-,'\''Vlr_f\
BUS,: (3611882-5747
FAX: (361'1 882.e926
CC~r':_'~ (=1~rr;TT_ T~,,,",-' '7~.44.(\4
November 1:), 2005
Re: Always Ban;
4650 Kos\(1)':l
Corpus C'nristi, Texas i84 i 5
.- ;:;"\6 tG-ili[7>,
:1.. ~ ,J _i.'\ '"
/;:..\'" '" ~~6~'.\
//~ <;l' '~\
/.;:;: AJrt./lMIr ~~_
, ~.'. f ~ 4IIIIiiI "') :
\:;. RECEIVeD ~~ i
., t: I'n'yt>r ~.i, l
, ,,' "U ucCRrr.JI~ ,,,
\~t Qi,hN" ""' ,) 6;/
'....\: "'weltf)
'\c:(~>=-: .'.",,- '2~9~' cf;,<''1'. J
City of Corpus Christi City Secretary Annando Chapa
City Ha}) 1st Floor
1201 Lcopttrd
Corpus Christl.. Ix 784lJl
Fax: 880-311 3
Dear City Secretary Armando Chapa:
My clients, David C. Scott and Linda S. Scott, have applied for 8. permit to allow
them to sell beer and wine for on-site consumption in the above referenced business,
'Always Bats'. The beer' and wine license will be issued to their corporation, SCOTT
ENTERTAINMENT. INC.
Pursuant to Section 4-5 (~gJI) of the Code of Ordinances" please Jet this act as my
clients', David C. Scott's and Linda S. Scott's, request for a Variance to be i.ssucd 10
them in the name of their corporation. SCOTT ffit.rl'fERT ~1'f. INC., regarding
Sedion 4-5(a) of1be Code of Ordinances which prohibita the ~ and sale for on~
premises CO&utnptiuo of ak.oholic beverages within the corporate limits of the city
wi1hin three hundred (300) feet of any chmch. child...care facility, day-care facility, public
or private school or public hospital,
We believe that the variance is necessary because of the proximity of 'Bright
Beginningl'i'. a day-care facility located at 4634 K.ostoryz. Corpus Christi, Texas 78415.
Always Ba1s was opened in 1981 and bas operated as a nightclub continuously since that
time and up to September of 2005. It is my understanding that Bright Beginnings wu
opened after Always &m bad been in opcntion for several years and that 1he two
busi~ have always ~sted without problems"
Cl.tI'reIltly in the same area there a.re four other nightclub ~g that sell alcohol
fur oo-si~ consumption: La Nuevo Onda , Gils, Midway Club and Playroom Club.
Regarding AJwoys BoIs, it had previously been licensed, operated and ~Id beerlwitie fur
on..mte eoosumption at 1bis same loadkm for nearly 34 years-1911 to September of
2005, at ",weh time the business closed its doors. The Scotts are life-time ColpUS Christi
residents who operated DLS TrucldnS as o~nerloperators for the past sewen years. They
have purchased the land and the building and will be making substantiaJ improvements to
_ '"-'r
..
<e,.h,
1he propeny. inciuding a new parking lot The SCQtts a!!JO expect to employee eight to
Twelve persons and produce tax. revenue fur the City.
Enforcement ofSection4-5(a) of the Code of Ordinances:
t. in this cue, is not in the best u&tereSts of the public;
2. would create an undue hardship on the S'-"-Otts;
3. would oonstitute a waste or inefficievt use of1he land because they would not
be able to open their business;
4. does not serve the ordinances intended vtiTjJUses; and
5, is not effective or necessary
We respectfully request a Variance pursuant to Section 4-j (f~) of the Code of
Ordinances; that proper notice be made, that the request for a Variance be presented to
the City Council in accordance with law; and that a Variance be granted.
Please inform us of expected costs for publishing and mailing notices so that we may
reimbUl'le these costs.
If anytlring further is nee.ded, please coDtect my office.
Thank you.
Sincereiy, \
c- fn i-
C.McJunkin 1
A RESOLUTION
GRANTING A VARIANCE, UNDER SECTION 4-5(F) OF THE CODE OF
ORDINANCES, TO SCOTT ENTERTAINMENT, INC., TO OPERATE AN
ON-PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED
AT 4650 KOSTORYZ ROAD.
WHEREAS, Scott Entertainment, Inc. ("Scott Entertainment"), doing business as
Always Bat's, desires to continue operation of a bar on property located at
4650 Kostoryz Road, which is situated within the City of Corpus Christi ("City");
WHEREAS, Scott Entertainment desires to allow on-premise sales of alcoholic
beverages at the location;
WHEREAS, the location of Scott Entertainment's proposed business is within 300 feet
of a daycare center;
WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage
Code ("TAB Code"), the City enacted Section 4-5(a) of the City's Code of Ordinances
("Code") to prohibit any person from maintaining a business for the dispensing and sale
for on-premises consumption of alcoholic beverages within the corporate limits of the
City within 300 feet of any daycare center;
WHEREAS, Section 109.33(e) of the TAB Code and Section 4-5(f) of the Code allow
the City Council ("Council"), upon application of a business regulated under Section 4-5
of the Code, to grant a variance to the alcohol regulations contained within the section if
the Council determines that enforcement of the regulation in a particular instance is not
in the best interest of the public, constitutes waste or inefficient use of land or other re-
sources, creates an undue hardship on an applicant for a license or permit, does not
serve its intended purpose, is not effective or necessary, or for any other reason, and,
after consideration of the health, safety, and welfare of the public and the equities of the
situation, determines it is in the best interest of the community;
WHEREAS, Scott Entertainment has formally applied to the City for a variance under
Section 4-5(f);
WHEREAS, Scott Entertainment believes and states that enforcement of the regulation,
in this particular instance, is not in the best interest of the publiC;
WHEREAS, Scott Entertainment believes and states that enforcement of the regulation,
in this particular instance, constitutes waste or inefficient use of the land because Scott
Entertainment would not be able to open their business;
WHEREAS, Scott Entertainment believes and states that enforcement of the regulation,
in this particular instance, creates an undue hardship on the applicant for a license or
permit;
WHEREAS, Scott Entertainment believes and states that enforcement of the regulation,
in this particular instance, does not serve its intended purpose;
WHEREAS, Scott Entertainment believes and states that enforcement of the regulation,
in this particulal instance, is not effective or necessary and
WHEREAS, Scott Entertainment requests that the Council grant the variance.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT'
SECTION 1. fhe City Council has determined that enforcement of Section 4-5(a) of the
:~ode of Ordinances. In this particular Instance. IS not In the best interest of the public
and, after consideration of the health safety. and welfare of the public and the equities
Jf the situation. grants the variance in the best interest of the community.
SECTION 2. The City Council has determined that enforcenlent of Section 4-5(a) of the
Code of Ordinances, in this particular instance, constitutes waste and inefficient use of
the land and other resources and, after consideration of the health, safety, and welfare
of the public and the equities of the situation. grants the variance in the best interest of
the cCHllrnunlty
SECTION 3. The City Council has determined that enforcement of Section 4-5(a) of the
Code of Ordinances In this oarticular instance creates an undue hardship on the appli-
cants for a license or permit and, after consideration of the health, safety, and welfare of
the public, grants the variance in the best interest of the community.
SECTION 4. The City Council has determined that enforcement of Section 4-5(a) of
the Code of Ordinances, in this particular instance. does not serve its intended purpose
and, after consideration of the health, safety, and welfare of the public, grants the vari-
ance In the best interest of the community.
SECTION 5. The City Council has determined that enforcement of Section 4-5(a) of
the Code of Ordinances, in this particular instance, is not effective or necessary and,
after consideration of the health, safety, and welfare of the public, grants the variance in
the best interest of the community
ATTEST:
CITY OF CORPUS CHRISTI
---'-'---"~--~"--'--~ -.-------- ..~-
Armando Chapa
City Secretary
Henry Garrett
Mayor
APPROVED AS TO FORM:
/:;/,q/ . 2005
Hz
Ass ant City Attorney
for the City Attorney
\-':orpus Christi Texas
riav elf
2006
fhe aOOJe reSOIJtIOI) was passed by the following vote.
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
Bill Kelly
Rex A. Kinnison
,John E. Marez
Jesse Noyola
Ma rk Scott
fHr,o'C.F'd
15
.\(;F,\I)A VIFi\10RA~lHilVl
PI BLH IIL-\RJ:\C ZO:\I:\(, i\ i ., , "L11ILd\Lln)li [),llL I tU :,(,)
Case 'ojo. IIOS-08-Ain!as-Southwest, Inc.: i\ ('han~e \\1 It)lllllg Ii-om "1-2" light Industrial
DlStnct 1\\ an "I-Y' Heavy Induslnallk,lllL'l Ik1l1g 0009 al'll' uut u!', 625 aCles of Blue Chip
IllJUo.lnal rracto., illot.:k I, Lot 3. lucateLl ,dung Soulli 0Ja\ 19a1lull Bouk\arJ and -.+25 fect south ul
Sute 111~11W~I\ c.)-.f \glll'S Sired
Planninl! Commission and Staff's Recommendation (11/30/05): Dcnlal of an "1-3" Heavy
Industria1 District ,md IIlliCll thereof apprO\'al for an "1-2" [)istnct wl1h :1 Spel'lal Pemlit tor two (2)
above ground fuel tanks with a gallon limitation 01 one ( 1) 1.20(J lanK .1Ild olle ( 1) 4.000 tank. subJect
to appro\alti'olll the LOlllllg Hoard 01 \JjUstmcllI and lIrc \Iarshall
Requested Council Action: Denial of an "1-3" Heavy Industrial District and in lieu thereof,
approval for an "1-2" District With a Special Permit for two (2) above ground fuel tanks with a gallon
limitation of one ( I) 1.200 tank and one ( 1 ) 4.000 tank. subject to approval from the Zoning Board of
Adlustment and Fire Marshall
PurpOse of Request: Al1o\\ for lwo (2) above ground fuel tanks
Summarv:
. ApplIcant IS requestmg a change of Lonlllg to an "1-3" Heavy Industrial District to locate two (2)
propane above ground fuel tanks. Capacity of each tank is 12,000 gallons and 4,000 gallons.
. The subject property including the overall site is currently developed as an industrial and medical gas
tilling facility.
. The West Side Area Development Plan Future Land Use Map recommends the property area retain
lts "1-2" Light Industrial District classification.
· The proposed fuel storage tanks are 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 tanks.
· If an "1-3" DIstrict or Special Permit IS approved, the location and Installation of the fuel tanks 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 provided along South Navigation Boulevard.
\lI.end~ \l!cln(lrandulll
'ase N" iI~-08 (All "',ls-Soutl1\\ cst. In,
Da~("
Recommendation: DenlJloC"l-'" lka\) InJustnal Ubllll'l, 1I111l'U oi. apprO\al uCa SpeCial PCr111l\ rut
me (1 \ l",non and onc (1) ,LOO(\ gallun Jbi)\C ground fu,'1 tank ~uhic\'\ to ~\ site pbn, ~md Jppro\al nf
'he hr,' l\larsl1all ilnd /onll1:1 Hn;mi ilt'\L1)lIstment
-\.pplkant's Position: Thc applI,:an l~ In ~lgrCcl11elll \\ lIlt rCl'Olllllll'!1(L!llun
'1otification: Uf the SIX (61 nOtll't's maliee! to the surrounding proper!\ uwners. zero (U) was returned III
a\or and ler\l (()/ \Inl' ICCll\l'd 11 ()JlI)t}~lli\}11. Till' ZO"" .-uk is not in\oked. This case is considered
1101\ co ntn I \ en i a I.
~l4./jIA. '
\1lchael N. Gunning, A1CI":'J ~
J\ssistant Director of Development Services
\1G/F(rM 6'P
Attachments:
Zuning Report
.2 Planning CommIssion Mmutes
, Ordinance
ill'l ~,I)IR ',lIARED.( ic,J'WORD\,\GFN[lMFM2()()<NI'\cmber II()".(I~ -\( iINDMvlIMO ,jl'C
CITY COUNCIL
ZONING REPORT
Case ~() 110),;):-;
Planning Commission Hearing Date \n\l'll1hlT ~II, -".'Il(}',
:0;
eJ'j
C) c
..J .-.
~ -.=
Q.
-= .1:
:0; ~
CoI ~,
.- Q"l
'Q.Q
Q.
<
Applicant: Airgas-Soutl1\\l'st Inc.
Owner: Same as applicant
Agent Robert Bradshaw, Vice-President
Property Area: Being 0009 acre out of 3 625 acres of lot 3, Block I. Blue Chip
Industrial Tract. located along South Navigation Boulevard and 425 feet south of State
Highway 44/ Agnes Street.
. From: "1-2" Light Industrial District
-
CIJ
Q"l
=
:r
Q"l
:&::
~
=
'a
o
N
To: "1-3" Hea\\ Industrial District
Area: 0 .009 acre
Purpose of Request: Allow for two (2) above ground fuel tanks
""
Q"l
""
;;;;I
"0
=
~
..J
"0
=
~
~
=
'a
o
N
~
.S
-
""
.~
~
~~- ----~- -"
Zoning Existing Land Use Future Land Use
: Site "1-2" Light Industrial Drilling Company Light Industrial
I District
: North "1-2" Light Industrial Manufacturing industrial Light Industrial
District uses
--~---
South "R-I B" One-family Agriculture land Low-density residential
Dwellin.g District
East "1-2" Light Industrial Agriculture land Light Industrial
District
-
West "1-2" Light Industrial Agriculture land Light Industrial I
District
, -~----' -.--.-- '---"'~'--'-"--_._.~-_.
~ =: Area Development Plan: Westside- The future land use map supports light industrial
~ 0
~'.g uses on the subject property. A Special Permit could accommodate the proposed use.
~ ~ap: 050043
=-.]
Q > Zoning Violations: None
~
f OP1T1g Rer'\i~r1
(ase No, 1 i OS-UiI (Alrgas-Southwes\ Inc )
Page 2
· \ppll\.'ant IS rcque~tlng a \.'hange or /onll1g 10 an "1-3" I ka\'y Industnal District to loeate t\\O
i 2) pr\lpal1e J'1(WL' '.'r"und t' tank (.1J'~;' '\ \,i' l'~ll'h tank IS 12JJ()O gallons and ,-U){)O
'.':ull (\ ns
· rhe~uhied IFopert\ 111\.'ludllll! the O\cTall site IS l'ulTcnth dc\'cloped as an industrial and
medIcal gas lilling rucIlit)
.
".,
...
eo::
8
8 .
=
'J)
'IJ
t: .
eo::
....
z
The West Side An.'a Development Plan Future Land Use Map recommends the property area
retam Its "1-2" LIght Industnul Distnct classificution.
The proposed fuel storage tanks are not an allowed use 111 the "1-2" Light Industrial District.
rhe 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
111 !Jell of an "[-3" could accommodate an above ground fuel storage tanks.
. If un "1-3" DlstrIet or Special Permit i" approved, the location and installation of the fuel
tanks 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 provided along South Navigation Boulevard.
Street
Type
Paved Section Volume 1
(2001)
130' R.O.W. wi 76' 8,010 a.d.t.
pavement
130' R.O.W. wi 95' 11,880 a.d.1.
pavement with left turn
lane J
..,
~
o
~
South Navigation Blvd.
..
Rural Collector
....
~
~
...
-
.'J';
Agnes/SH 44 Arterial
rIJ
... =
s: i The subject property is part of a platted lot.
rJ1
-'()ll!n~\ Rt'~'()rl
I. aSl' ]\".1 D)-OS I, \lrg.aS-SOUltl\\l'SI llh
l';j~\. .~
'-'
-
c:
CJ
8
-
:..
~
c..
<lJ
o
:F
....
c:
CJ
-
:::
S
-
-
. \bo\l: ground fuc! tanb requln.: an "1_'" jllstl'let and further approval by thc Zonlllg Board
()f\djustmelll as ~1I1 ()hll'l'llo!1~lhk liSt'
. rill' proposcd "1-," f)lstnl'! \\(lldd all(l\\ 1(1" till' :Ihnc ~round fuc] tanks on a small portion
of the entire husiness site
. A SpecIal Permit. mllell (llthc "1-3" Ika\\ Industl'lallJlstnct. on the pad site per the sIte
plan and metes and buunds de:-'l:J'lptlon \\ ould accommodate the accessory use of storage
tanks as requcsted by the applicant Without unnecessanh creating an opportunities for other
lllcompatlhk uses
. The apphcant notified staff that that a pre-submissIOn meeting with the Flre Marshall
occurred to Identify an acceptable locatIOn for the proposed tank.
c:
o
-.:
~
"CI
~ c:
~ g.,
.... e
IJ;.. e
o
<.I
g.,
~
Denial 01'''1-3'' Heavy Industl'lal Dlstnct 1l111eU of. approval ofa SpeCial Permit for one (1)
12,000 and one \ I) 4,000 gallon above grounu fuel tank. subJ eet to a site plan, and approval of
the Fire Marshall and Zoning Board of Adjustment.
'"
...."C
c: g.,
g., ~
e .~
E <.I
o g.,
U~
Denial of"I-3" Heavy Industrial District, III lieu of, approval ofa Special Permit for one (1)
12,000 and one (1) 4,000 gallon above ground fuel tank, subject to a site plan, and approval of
the Fire Marshall and Zoning Board of Adjustment.
i Number of Notices Mailed - 6
Favor - 0
Opposition - 0
(As of November 22, 2005)
Attachments: Zoning Map
Site Plan
1 \I' I N-! lIR ')!JARED ,( jell' WORU1ZONRI' 1S':2005\NU\ ,ember'>,l! 05-Ux('('REPORT due
.--- -
II
1-3
1-2
AL/(;j;>/Yf/ ;/~ j4J-- CJ5
".R F arm Rural District
RE Residential Estate District
RA One Family Dwelling District
R-1A One Family Dwelling District
R-1B One Family Dwelling Districl
R-1C One Family Dwelling District
City of Corpus Christl, TX
r.-t~
r -
. ~.......
(Hpllnment of o.".lopment Servic..
(J)
o
C
-\
:t
Z
~
-
G)
~
o
z
0]
o
c
r
rn
c:::
~
';x:J
o
1-3
STATE HIGHWAY 44
C~SJ~ ~:l:l Q~=Q8
R-TH TownhousE' Dwelling District
R-2 Multiple Dwelling Oistncl
l'lA Travel Trailer Park District
T18 Manufactured Home Park District
8., Neighborhood Business District
B-1A Neighborhood Business District
B-2A Barrier Island Business District
B-2 Bayfronl Business District
T .1C Manufactured Home Subdivision District
A.1 Apartment House District
A.-' A Apartment House DiS1nct
A.2 Apartment House District
l. T Apartment-Tourist District
AB Professional Office District
BD Corpus Christi Beach Design District
B-3 Business District
B-4 General Business District
8.5 Primary Business District
8-6 Primary Business Core District
1-1 Limited Industrial District
1-2
.otic. Map
1-2 light Industrial District
1-3 Heavy Industrial District
SP Special Permit
PUD Planned Unit Development
He Historlcal-Culturallandmark Preservation
N
...
w~fatl~E
....
S
o
100 200 Feet
I
-R(YIS;ON"NO i OAT(
Q
"
~, ~
~ ~
; 1-
;;:
~
~
,
~
r:
1
~.
~
~
a
~
~
~
II
Ii
~
.~ ~
" ~:~
'v ~
.~\
! ~
"
i
;.
~
~ ~
AIRGAS SOUTHWEST
PROPOSED CONCRETE QADS
~~ $
....
.,
~ ;
n
MQ
~~
.;p
ij. .
II, ~
\ ~
, I~
. 2
~
!S
~I
~i
I
!
~
.,
~
,r-...."
~ ~
../
~
:.~.
~.Z
~,
!
!
;.~
.1
~
~
i ~
I
./
[J i /'"
LNV ENGINEERING
ENGINEERS'" CONSULTANTS
'STIIIJC~'1Jl.oWSPOIlr...TIOH'~'
...- . C0Ns1Jlol.O:TION WINNJ1:WtNr
..:'.:,'?';..~"';.:::~ ;'":';. ~'; .:.,,:::u.;:n; ~~~' ,~::
I
I~
~
~S
~!~Q
~i~5
~
~
".
~
l
MINI'TFS
RFGU AR PL\:\:\ING n):\nIISSIOl\ ;\ln~TlNG
( 'ouncil Chambl'rs- City Hall
Wednesday ~- :\oH'll1bcr 10. 2005
a I I (I ~ -() :-;
t\irgas-Southwest. Inc.: "1-]" light Industrial District to an "1-3" Heavv
IJJ.dllstnalllI~:'1!l<-:L . _~ ___ . _~
BeIng ()I)()l) acr\.:' uut 01' _'.()2:, dCll'S 01 Blue Clllp IndustrIal Tracts. Block I. Lut 3.
loclted along South NaVigation Boulevard and 425 feet south of State Highway
.+-L .\gne" Street
Faryct' Goode-Macon reviewed the subject property which is being requested for an "'1-3"
Heavy Industnal DIstrict for the purpose of placing two (2) above ground storage tanks on the
subject property. The storage tanks have a limitation of (1) 1,200 gallon tank and (1) 4,000 gallon
tank. The pad site to be established for the storage tanks encompasses a small area of the entire
bu"iness property. Staff recommends denial of the "1-3" District and approval of an "1-2" Light
Industrial District \\Ith a Special Pemlit subject to the submitted site plan.
In answer to COlllmiSsioner Braselton's question. Ms. Goode-Macon stated that the
applicant is acceptable to thiS recommendation.
Public heanng was opened
Cindy Grant, Airgas-Southwest, Inc., stated that the location was reviewed and in an
altempt to lI1crease safety precautions, Airgas has made the deCIsion to move the tanks to a better
location on the property. It was further stated that the existing site meets all NFP A regulatIOns.
Public hearing \\'as closed,
Motion made for approval by CommiSSIOner Pusley and seconded by Commissioner
Zamora subject to approval by the Zoning Board of Adjustment and the Fire Marshall. Motion
passed unanimously with Chairman Stone being absent.
! i\PI.N-UtR'\tIAREU.GaJl\WORD\AGENDM EM\20(J5.Novclllbcr\tl 05-08Minutes Exccrpt.doL
Fage1 of :;
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY
AIRGAS-SOUTHWEST, INC., BY CHANGING THE ZONING MAP IN
REFERENCE TO 0.009 ACRE OUT OF 3.625 ACRES OF BLUE CHIP
INDUSTRIAL TRACTS, BLOCK 1, LOT 3 (CURRENTLY ZONED "1-2"
LIGHT INDUSTRIAL DISTRICT) BY GRANTING A SPECIAL PERMIT
FOR ONE (1) 1,200 GALLON ABOVE GROUND FUEL TANK AND ONE
(1) 4,000 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 Airgas-Southwest, Inc. 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 30, 2005, during a meeting of the Planning Commission, and on Tuesday,
January 10, 2006, 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 one (1) 1,200 gallon above ground fuel tank
and one (1) 4,000 gallon above ground fuel tank, subject to two (2) conditions and a site
plan (currently zoned "1-2" Light Industrial District), on 0.009 acre out of 3.625 acres out
of Blue Chip Industrial Tracts, Block 1, Lot 3, located along South Navigation Boulevard
and 425 feet south of State Highway 44/Agnes Street, as shown on the attached
Exhibit (050043)
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) 1,200 gallon and one (1) 4,000 gallon above ground fuel tank
shall be permitted on the subject property in the "1-2" Light Industrial District with
a Special Permit.
H \LEG-DIRIJosephlZoning-05\11 05-08SPECIALPERMIT.doc
Page 2 of 3
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
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 10th day of January, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor, The City of Corpus Christi
Armando Chapa
City Secretary
APPROVED ,j G( ~ "0 ~.
Joseph (J;;;- (\:-6 --
Assistant City Attorney
For City Attorney
2006
H\LEG-DIRUoseph\Zonlng-05\1105-08SPECIALPERMIT.doc
Page 3 of 3
Corpus Christi. Texas
day of
2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi , Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. I/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
Henry Garrett
Mayor, The City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Brent Chesney
Melody Cooper
Jerry Garcia
William Kelly
Rex A. Kinnison
John E Marez
Jesse Noyola
Mark Scott
H. \LEG-DIRlJosephlZoning-05\11 05-08SPECIALPERMIT.doc
~
~
O.()(,;t ACRE TRACr
LOT 3, BLOCK 1 C
BLUE CIDP I:'U)(TSTRIAL TR~C'TS ~"h~ + t' 5.(. &:<-h--.dS.) _ A S <(
~ \D 5" -DB At(cptS
S(l<A tJuJr
BEING the rezoning of a o.n09 ,1lTf (r.:; sc;uarc fcct) tract out ofl.ot 3, Block 1. Blue Chip
Industrial TracL,>, Volume 47, Page 28. Map Records ofNueces COLU1ty, Texas.
ThiS 0.009 acre tract 1S more partlcularlv described by metes and bounds as follows:
COM.i"1ENCL~G at a 5/8" iron rod found on the easterly right of way line of
Na'\1b'ation Boulevard, the southwesterly corner of Lot ], Block 4, R. A. Rose
Subdi'lnsion recorded in V o]ume 36, Page 117, Map Records of Nueces County,
Texas and the northwesterly COrner of said Lot 3 ,
THENCE: North 89059' 15" East, with the common line of said Lot 1 and said Lot
3 a distance of 187.00 feet to a pOlOt;
THENCE: South 000 00' 45" East a distance of 47.42 feet to the northwest corner
and POINT OF BEGIl\1'.'ING of the herein described tract:
THENCE: North 890 59' 15H East a distance of ]5.00 feet to a point for the
northeast comer of the herein described tracL
THENCE: South 00000' 45" East a distance 01'25.00 feet to the southeast comer of
the herein described tract;
THENCE: South 89" 59' 15" West a distance of 15.00 feet to a point for the
southwest comer of the herein described tract;
THENCE: North 00" 00' 45" West a d1stance of 25"00 feet to the POINT OF
BEGINNING and containing 0.009 acres (375 square feet) of land more or Jess.
A05418..oo.o,009 Acre Tract.doc
10/21/05
L,,{\ ;)
'"
.~
s
i,ffi
!i!!-
r, -
'"
---
i J-~
~ J ~ l; ;t
~~-~-----l..------+-__-~___~ --I ~. ~
~ ~ . k
r = ,
'-' ~
~
t
E
~
" ; I
. ,
i ". .;.
'. ~ F .
~ ; ~~-
,
"
. iff
I -f
, "
l ~
, i.~
t ~
~
.
i
i .I" i
~ ~~ \
\ . ~ .)j . j "
'- ~I.~' :h \ ! ~U
~.;I\ L~.
f/" P ; ~; !
/1 ............,,; E .
~
1
I ,.
,::.:: ~::~:w::~J
. ~
,
.
. ./
~
~M"""'1Q Mn
~
~.z~
~. \7l
:; ~--\ ~~\~tJ
. J
~;s__ :
',: ~n~
, ./
. ,
. ~~
. . ~
~
J ~
. l
0
.
.
~
~
~
I;
Ii
~ (.\ ~ \ \D5- 08
~\ "9f'S ~ S'bLA-'-\-~uW
LNV ENGINEERING
4NOIf./et!~. ~ULrANr$
D>lII'''''W"-"W.'~JnW'__'
_'~_.........ofwl!",.
"~"'~:~!:_,,':'::"':."J:.:t~
~
S
~
~ ot-t
16
\CF'\TD\ " F '\10RA '1IH 1"
Pl BLH HEARI"(..-Z()i\Ii\(, \\. li\ \ \llll1Cli ,'\\'11"11 ilatc 1 ill "(I)
Case ~O. 1105-09-Emilio Callo: .\ chall~l 111 Il)lilll~ 1"1111 cl "I . R" I ,ill11-RllIal Dlstn([ tu ~l "1\ I H" (hh
family Dwelling District. The property h 1.\2-+ acrc~ "ut oil "I I SCl'llon 2:'. I. lour Hlu!l and hlclnal hIrlll
lJarden I raclS. located along Rodct held Road at .\lrlllll' Road and south ull uunty Road 26 (luture Llpes
f3. ,ull'\a!d).
Plannin2: Commission and Staff's Recommendation (11/30/05): Approval of a "R-I B" One-family
Dwellinf: District
Requested Council Action: Approval ola "R-I B" One-family Dwellmg District
Purpose of Request: Development of a 70-10t smgle famIly subdIvisIOn.
Summary:
. The appltcant has requested a change of zonmg from a "F-R" Farm-Rural District to a "R-l B"
One-family Dwelling District to develop a 70-lot smgle-family subdivision on 18.24 acres.
. Minimum lot area permitted \l1 the "F-R" Distnct IS five (5) acres and 111 the "R-I B" DIstnct
6,000 square feet. The "F-R" Distnct peml1ts one ( I) Ul1lt per fI \e (5) acres. the "R-I B" DIstnct
allows 5.44 units per acre
. Water/wastewater demand for the subject property is projected at 24,500 gallons with a solid
waste demand of 623 Ibs. daily.
. Property to the north was recently rezoned to a "R-IB" District for the development of a 285-lot
Single family subdivision. Properties northeast and adjacent to County Road 26-A (Brooks Road)
were recently rezoned to "R-IB" and "R-IC" Districts. The requested "R-IB" District is an
extension of such districts to the north and east.
. The "R-I B" District development would generate 700 average daily trips along Rodd Field Road,
an arterial and County Road 26 (future Lipes Boulevard), a rural collector.
. The Southside Comprehensive Plan future land use map recommends the subject property
develop as a low-density residential use that is accomplished by the "R-IB" District.
Recommendation: Approval of the "R-IB" On e-family Dwelling District.
Applicant's Position: The applicant IS m agreement with recommendatlOn.
\\!('nda \'1ep'(\randunl
Case No 11"~-()9 iEr1l11;o ('anul
P'lgc -"
Notitlcatioll: Ut'lhe ml1e (9) l111llL'Cc, mailed \u the sUllllundlllg plllpert) uwners. zero (0) were ILlumed
In f~\\'or and zeru 1m WCle rCl'ein,j 11 ()]1pUS1!IUI1. The 20o~, rule is not invoked. This case is
considered noncontroversial.
/~i;u~~
\llcilaei :\. (JlIl1l1mg., .\1('1' (;
\.>.>lslalll ])lI'L',IUI' of I )C\l:IOPl11L'l1l Ser\]L'l'S
\1GFCiM SP
Attachments:
1) Zoning Report
2) Planning Commission Mmutes
" ) Ordinance
,Pi '~-j)[R\',[[ARE[)\C;al]\WOR[)\,\I;FN[):'v1Uv12()(I"'\()\etl1ber\11 (1'09\( jl'SDAMEMO dOL
CITY COUNCIL
ZONING REPORT
Case~o.IIIJ5-i)q
Planning Commission Hearing Date: November 30,2005
~ I:
.... .S
I: -....
1:'1 " Q.
.~ 'if'i:
-a...J ~
Q. ~
< Q
Applicant: Emilio Cano
Owner: ONAC Development, Inc.
Agent: Same as applicant
Legal Description/Location: Bemg 18.24 acres oul of Lot I. SectlUn 25, Flour Bluff and LnclllJI
Fam1 and Garden Tracts. located along Rodd Field Road at Airline Road and south of
County Road 25 (future Lipes Boulevard)
0Jl~
I: ~
.- =
I: =-
~~
From: "F-R" Farm-Rural District
To: "R-lB" One-family Dwelling District
Area: 18.24 acres
Purpose of Request: Development of a 70-10\ smgle-famd) subdiVISIon.
"tj
=
1:'1
...J
"tj
=
~
0Jl",
= ~
.- '"
~~
N
01)
.5
....
'"
.~
~
.-----T-~- ZOning----
"F-R" Farm-Rural District
i "R-IB" One-family Dwelling
District
South "F-R" Farm-Rural District
and "REI' Residential Estate
d District
i-East _I "R-I B" Farm--R~;~1 Distnet
I West I "F-R" Farm-Rural Distnet
i
I
Future Land Use
Low-density residential
Low-density residential
Existin Land Use
Agriculture
Single-family residences
and undevelo ed land
Agriculture and single-
family residence
Low-density residential
Undeveloped land
Agriculture
Low-density reSIdentIal
-~~ J Medium-density
residential
--~
~ '"
Q. I: Area Development Plan: Souths Ide- The future land use map primarily recommends
1:'1 0
~ ~ low-density residential.
~ - Map No.: 42030 and 42031
~ ~ Zoning Violations: None
~
/(\n1qg Rt"1'l1\n
\ asl' Nu I U5-()9 \ 11111110 Calwj
Pagl 2
. I he appllc'ant has rl'ljllested a change or IOnll1g from a "F-R" Fann-Rural Distnct to a
'R..I n" (lnc-Li:l11h D\\ l'llm!:! DhtriL'1 I() dl'\cl()p ~l '"'()-Iol single-family sllbdl\1SIOn on
i ~ 24 acrl'S
· \1mimum lot area perI11ltted m the "F-R" Distnct IS five (5) acres and in the "R-I H"
I hstnct 6.000 squ~lre tel'l rhe "I,-Ie IIISlnct pl'rmll, onc ( I ) lInlt per t1\t' ('I) ant's 11lL'
"I{-l 11" I lIstrIcl all\)\\, ~ -14 umh j)lT dc'll'
C'
:<:l
8
8
==
rJj
'"
~
:<:l
-
:r:
. \\aterwaste\\ater demand for the ~lIbJCct property IS projected at 24.500 gallons \\ltl1 a
solid waste demand of 62~ Ibs daih'
. Property to the north was recently rezoned to a "R-lB" District for the development of a
285-lot slOgle family subdivision. Properties northeast and adjacent to County Road
26-A (Brooks Road) were recently rezoned to "R-1B" and "R-1C" Districts. The
requested "R-l B" Distnct is an extension of such dIstricts to the north and east.
· The "R-l B" District development \\ould generate 700 average daily trips along Rodd
IJeld Road, an arterIa! and CO\1nty RO~ld 26 (future I Ipes Boule\ard). a rural collector
· rhe Southside Comprehensive Plan future land use map recommends the subject
property develop as a low-density residential use that is accomplished by the "R-I B"
District.
'11
- ==
co:l ....
Q:.f!
rIl
-
= '11
~ -;
~ E
co:l E
~r~
Q'-'
~
,.:,
".,.,
~
Type ---u----r-------r;;ved Section V olu me
~----. --~ --- -t"-- u____ - " J-- _u___________~___n-t- _(~OO 1)
Rodd FIeld Road " Rural Arterial "70'R.O.\V. wi 48' Bk to Bk 4300 a.dt
I
! paved section
i I (Planned 120' R.O.W. wIlOO'
I -+ Bk ta Bk paving)
I~ County Road 26 ~-- I Rural Co11ccto;- ~ 50' R~O.W. wi 20' Bk to Bk
! (future Lipes Boulevard) . paved sectian
! (Planned 70' ROW wi 48' Bk
I ta Bk paving)
Street
---- --I ---
1
-
~
~
l..
-
'fl
Not Available
The subject property is not platted.
The Southside Area Development Plan's adopted future land use map recommends that the area
develop with a law-density residential development. The requested "R-l B" District achieves the
recommendation of the Plan and is an expansion of the "R-l B" District to the north and east.
;' .,
J'agL ,)
7 "I'I ng R t'T'nrl
Case Nt> J ; OS-WI (\1111110 Canol
...
,~
.....
~
"0
it: c
~ ~
YF e
E
-
Cj
~
"
.'\ppl"o\~li orlhe "R-] B' ()ne-IaIllIl\ D\\ dllll\.'. I )\slnCl
=
Q
= '':
~.Sl ~
.$ ~ =
=... ~
= a a
0: _~ ~
".) ~
~
~
Approval of the "R-IB" One-famIly Dwelling Distnct.
'"
....."0
C ~
~ ...
a 'Q:S
a ~
cO "
~
Number of Notices Mailed 9
Favor: 0
Opposition: 0
(As of Novembel" 21. :20(5)
Attachment: Zoning Map
"'~--
" S''t>
", '-';;>
"~ fv,' ~,
'~ [') '"
'", -1//1,. ".
Sf:' .~, 1(,'/: ~'~
<..-c "
'<1 ~,
'~
FLOUR BLUFF AND E
F-R
.S;~
/--....0 ~"?:
k~
cf-3'
~o
Qj
14NOV05/HK
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 -1 A Travel Trailer Park District
T-1B Manufactured Home Park Dist.
'-1C Manufactured Home
Subdivision District
8-4
R-E
S$c
. <?6'
S~C
'<$
R-18
ARDEN TRACTS
F-R
Case No. Z11 05-09
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
*,
" " ", 'ilL ,',
t -_.d' .
; . .-"~'7H__ --_:
B.1 Neighborhood Business District
B-1A Neighborhood Business District
B-2A Barrier Island Business District
B-2 Bayfront 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
~
NORTH
HC Historical-Cultural Landmark
Preservation
o 200 400
I
Feet
MINllTFS
REGll..-\R PLANNING COl\I:\llSSION "EETlNG
Coulldl Chambcrs- City Hall
'\'rdn{'sda~' - '\'oH'll1her .10. :!OO'i
11 (15-09
~mIlIO Cano: _J~:}{" Farm-Rural Dlstnct to a "R-I B" Une-family Dwelling DIS!Tlct
HCIllg I ~.2-+ aL'IL'S out of lot I, Section 25, l'lour Bluft' ami Encmal Farm & CiardL'll llach
localL'd along Rodd Field Road at '\IIIIIlC Road and south or County Road 2S (rU\lII'L' IIPl"
Bc\uk\ard)
Faryce Goode-Macon presented the case stating: that thIS IS a request for a "R-I R" One-
tarml) Dwellll1g Dlstnct The subject proper!\ located ,'a'll 01 Roddfield Road and south or
( ounty Road 25 is an exlClblon of another subdiviSion to the cast and IS planned as a 70 lot sll1glc
family subdivisIOn The future land use map recommends multi family uses and scales down to
l()w-density residential which the applicant IS proposing. Staff recommends approval of the
le'quest.
Public hearing was opened.
\mold Moreno, representatl \e, 3041 Holly Road, was available for questions.
In answer tn Commlsslont:r Skrobarc/yk', question, Mr. \loreno stated that a fifteen (1 S)
j()ot dedication for "treet nght-of.\\ ay IS addressed on the subJect propel1y's pial.
Public heanng \\ as closed
Motion for approval was made by Commissioner Zamora and seconded by
( ommissJOner Skrobarczyk. Motion passed unanimously with Chairman Stone being absent
oF N-I!!R >.IIARU) (;Ji!'.WORIY.\GFNlHvlU'I.2f)iJ't\U\Clllbcr Ilu"nl)\;111l1ltcs !-x,'crpl.d()l
AN ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY EMILIO CANO BY CHANGING THE ZONING MAP IN REFERENCE
TO 18.24 ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTS, SECTION 25, LOT 1, FROM "F-R" FARM RURAL
DISTRICT TO "R-1B" 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 Emilio Cano 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 30,2005, during a meeting of the Planning Commission, and on Tuesday,
January 10, 2006 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 18.24 acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 25, Lot 1, from "F_R" Farm-Rural District to "R_1 B" One-
family Dwelling District; located along Rodd Field Road at Airline Road and south of
County Road 26 (future Lipes Boulevard), as shown on the attached Exhibit. (Map
042030 & 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.
Page 2 of 3
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed
SECTION 6. -r hat 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 10lh day of January, 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED "j"",,___
- w
josep:~ (~
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor, The City of Corpus Christi
2006
H\LEG-DIR\Joseph\Zon ing-05\ 11 05-09Regular.doc
Page 3 of 3
Corpus Christi. Texas
jay of
.2006
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Ilwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully,
Respectfully,
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-DIR\Joseph\Zoning-05\ 11 05-09Regula r doc
r jlh:1L ;-i(JL[ '-'i
J L 4
SECTION 21
F .B. to E.f. t\. G. T . :
VOL. A, PG~, 41~.:; 31
M.R.N.C.T. I
,
20V'oit'\j (.~~e. No: "05-0'
E ~ -\ fi 6 G""o e ~clcJ. f ;~\c.\ fU.
, ,
\1 ,
_It/f _ __ _ ____ _ _~. _ '.. ____ _ _ _ _ _ __ _ L=~" ;<-0- 'W
I ~-- -:=-==--:.~ ~ ~ - ::-- - ~ - ~- - F _-.1:: _...:..:
- i< '61 18' 41" E . 610'53"7 ~~-[l-~j --
i-\[
I
I
o ') .:::.1~ I
;:;.> .::-.....,. L{ (~( ~ ~
.
-.::r
"::t
-
~
LOT 1
-0
~
o
~
"'0
V
i:i:
"0
"0
o
t:r::
C'l
.....,
-
N
~;
:..Ll
_ J I t...1
'> ~z
~ z ~
~ ~ j ~
- ~ 1 D
;... c:J ....J
~
00
N
v.>
0,
"::t
00
N
Z
I
,I t ~ !~118' 41" W - 610_53 I
IIf ",,~ . ' I \ I
t ~ ~:~::.: ::::::'~t. -=.: --=':':": = 't--- =~ :..::::- ~ -=
I \ I
I \kY" -'T. ---'" - -- - - -~ .. - -j--- - - . - - - ---
, '. \ I -
.,.
}~-1
17
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Provide an update on deployment of the Wireless Fidelity Broadband Mesh Network, the
Automated Meter Reading Project and Development of the City-Wide Wireless Fidelity
Broadband Mesh Network Business and Management Plans.
PRESENTER(S):
Name
1. Ogilvie Gericke
2. Leonard Scott
3. Brian Anderson
4. Jimmy Bray
Title/Position
Director
Business Unit Manager
Consultant
Attorney at Law
Department
MIS
MIS
Next Step Consulting
ISSUE:
The City contracted with Northrop Grumman and RAM Technologies to implement Phase 1 of
the city-wide Automated Meter Reading project and with Northrop Grumman to design and
deploy the City-Wide Wireless Fidelity Broadband Mesh Network.
We recognized potential uses for this Broadband Network well beyond its original intent and
the City is today successfully involved in the development and testing of 'proof of concepts'
projects with Intel and other partners utilizing the Wireless Broadband Network. A list of
companies currently involved in partnership discussions and the prospectus provided to them
are attached.
Business and Management Plans are being developed to provide structure and further
capitalize on the opportunities the network present. The Business Plan will include a business
model and strategy; market analysis; management and operations plan; marketing plan; and
financial analysis. As part of the business development process we also evaluated different
approaches to manage and operate this network and it appears best that these functions be
performed by a corporation created by the City. A draft resolution approving such corporation
and its articles of incorporation and bylaws is attached.
BACKGROUND:
Numerous issues are facing the City's meter reading activity today and City Council decided
that it was prudent to implement a city-wide Automated Meter Reading solution. The data
transfer needs of this Automated Meter Reading solution is supported by a Wireless Fidelity
Broadband Mesh Network. This network has potential uses well beyond the original intent
and consulting services from the Baller Herbst Law Firm, Jimmy Bray, Next Step Consulting,
and PTI were obtained to assist staff in the development of Business and Management Plans
to capitalize on these opportunities,
REQUIRED COUNCIL ACTION:
No action required at this time. Formation of the Corpus Christi Electronic Communications
Development Corporation and the proposed Business Plan will be presented to council during
January I February 2006 for approval.
~.c:".c:s.=~
Ogilvie F. Gericke
Director of Information Systems
. Jeffrey King
I PeterYHlt
i Richard Atwell
1M8tt~
I Jim Shelgren
I StepfintMteing
Julie Toft
IV.lef'JI._r
. James McHale
IPa~..na O'Connor
; Shawn O'Connor
1.......~Jr.
I~.~hll
i Louis Kek
I Lee ..
jiNigel a. a.lI.a.rd
P.ul~r
,Kent Hofstad
I Stevttallnlng
I Samir Raiyani
Wlrry .DQtz
David Atnikov
~tro1lman
Gray Fitch
1Ai'KfriW Oox
I Post Iftetting acklitions
IBrian'Q~ham
Linc Hoewing
~"'r
Mark Rizzo
703-817..24
Ii KeVin.smith
StephIIln(itanis
Curtis Clark
Oavldtt
Northrop Grumman Corp
Northrop Grumman Corp
sac
sac
sac
Sprint
Sprint
Sprint
IDS
IDS
IDS
IDS
Rightway Online
~y ontlne
Cellnet
~Nelworka
Intel
Intel
Insight Video Net
~r
SAP
Novax Industries
Novax Industries
NIitio.' SCientific Corp
Affordable USAwide
AffordiIbIe USAwide
Unisya
Verizon
Cl$C()
RX- Technologies
~
Truition Inc.
Simde8k
Discount Internet Services
iP$Ssjnc.
jeffrey.king@ngc.com
....,w~m..,e.com
richard.atwell@sbc.com
mIMI~""
js2753@sbc.com]
~.~nlcom
julie. toft@mail.sprint.com
V.Ierie.~nt.com
james.mchale@idsconsulting.com
pameI8~IIl""_.oom
shawn .oconnor@idsconsulting.com
.....i_...D~..."
jw@rightwayonline.com
~"_.._.com
louis.kek@cellnet.com
t_....~..i.... '.'~' .......... ...... . ..
_~~~_.com
nigel.s.ballard@intel.com
_"t....~.., '. '._ ._
foIIIII....~~ll
khofstad@insightvideonet.com
"'~~~r,com
samir.raiyani@sap.com
1an'y---..CQm
david_a@novax.com
~..com
sage@usawide.net
_~.net
ari.n.~~nisya.com
c.l. hoe\\l.ing~verizon.com
~~m
mrizzo@rx-tech.com
JuIUU'l'\~b~ml1l4fn~on.,com
kevinsmith@truition.com
sh~k;C>>tn
ccpub@ccinternet.net
;00
l - i.; ~- ao '
ih ~~ -
858-514-9863
S40~
361-694-7006
21'-.7
512421 5005
$1a...,....S
913-794-2705
70s..4l~
361-886-9437
."._$7
361-886-9437
..~I.U"
361-658-6862
Ill' ..~,
678-258-3073
~~.S
503-329-7163
~73
830-608-0147
~"'2
650-849-4000
~
604-525-5644
~_4'
361-600-2500
$81~1"07
9~'.1
202-515-2420
21~.:.t109
210-828-6081
.71~16
416-673-4227
866-7"~75
361-883-3537
4
ACKNOWLEDGMENTS
ThIS WiFi Network Partnership Prospectus was developed for the City of Corpus Christi with input,
reVIew. and support frnm the followlflg contributors
. Bnan Anderson. Next Step Consulting LLC
Jimmy Bray Attorney at law
. Adrian Herbst. The Baller Herbst Law Group
. Dr CostlSl oregas PubliC lechnology Institute
. City of Corpus Christi
T,t\BLE OF CONTENTS
Introduction............. ..... ................ ............. ....... ... ........ ....................... 4
· Cellular WiFi Network Overview.............................. no.................. .0......6
Network Infrastructure.............................. ....................... ... .........6
Network Implementation.... ........................................... .............. 6
Strategic Vision Framework........................ ............ ............................. 7
I ntegrated Portal Business Strategy............. ............................... 7
Partnership Opportunities... .......................... ......... ....... .......... .....8
Leveraging the City's Investment................................................ 9
Partnership Development Process.................................................... 10
Phase 1- Statement of Interest and Qualifications................... 10
Presentation a nd Interview........................................................ 11
Confidentiality.......................................................... ......... ......... 11
Post-Presentation Interview...................................... ................ 11
Partner Considerations........................................ ............. .........11
Phase II - Implementation Process........................................... 12
· Appendix
Corpus Christi Demog raphics................................................... 14
Market Penetration Opportunity................................................ 15
The Pew Internet & American Life Project................................16
Business Development Environment Resources...................... 16
INTRODUCTION
lit; CllY uf C'-'II.Jus C:liiS[, is .':'OllllllittcJ It) [JlovidilltJ ubiqUitOUS biCJJdband wireless connectivity
throughout the community which will help improve government services, stimulate economic
Jevelopment and address the digital divide In order to do so. the City is interested in leveraging
,fIE:: IllVestrnE;ilt it has already made 111 a \ivIlcless dJta transmission network for its automatic meter
CJdlllq (AMP.) requlI ernents
I he City of ( orpus Ctlrlstl IS requesting that Interested parties prOVide a proposal of interest in
~ollaboratlrlg with the City in the IJrovlsion of network-based products and services through the
City's cellular WiFi network. The invitation for participation is being extended to commercial
;endors, service providers. government entities, non-profit organizations. community groups and/or
'Jther interested parties that may contribute to the accomplishment of defined City guidelines and
objectives.
fhe City of Corpus Christi is currently deploying a cellular WiFi network throughout its entire 147
square mile area. The network expansion is scheduled to be completed by August 2006. The
Citywide cellular WiFi network initiative was started in 2004 when it was identified as a critical
component of the City's AMR capital improvement proJect.
Beyond the AMR proJect, the City recognizes the extensive potential of using the network to enable
mobile applications for utility public safety engineering, environmental, and neighborhood
services. Since over 70% of the Citys workforce works in the field, the cellular WiFi network can
enable the workforce to have access to essential applications and information where they need it
ancf when they need it - making the services they provide significantly more effective and efficient.
The City also recognizes the significant potential of using the network to enable economic growth
and quality of life enhancement for the city and region. Specifically, the network can be used to:
Enable online markets (e-commerce) that provide local businesses with tools to enhance their
sales and operational effectiveness and efficiency.
Enable local residents to obtain affordable access to essential education, health, and community
services that improve their quality of life
Ensuring a broad return on investment requires an integrated partnership of government,
community, and private-sector organizations that are key stakeholders in the measurable success
of Corpus Christi's economy and community
The City will own the broadband cellular WiFi infrastructure and is not seeking financing for its
construction The City, however, recognizes the potential benefit for it to have partnerships and
strategic collaborators who can bring additional value to the network. Therefore the City will solicit
potential partners, collaborators, and other strategic cooperative arrangements and is hereby in this
Phase 1 of the developmental process. In this Phase the City is requesting written expressions of
Interest, offerings and ideas from entities who will participate in the City's efforts to establish a
robust and viable broadband cellular WiFi network that will enable the City to leverage its
Infrastructure investment for the benefit of the community. The City will use the information that it
obtains from this information gathering process to develop and further refine its strategic vision and
business plan which will then be presented to the City Council. Assuming that the City Council
approves the project in January 2006, Phase 2 will be promptly initiated and agreements will be
negotiated With individual collaborative partners as appropriate.
i r,p City has developed certain GIII(I/nf) PI/nciples which Include
Equity and a level plaYing field It is the Intent of the City to provide a level playing field to all
~Jtcntlal ;:artners
Equally irnportant the City intends to deploy services In a way that ensures that modern services
are available to all of Its citizens
1'1 cilder tel become a partner with the City In a collaborative broadband network, a company or
organization should be prepared to bring an asset to the collaboration. This asset may be
financial. technological or people based
lnteroperability and scalability are two essential components for the networks hardware,
software. and Orgware (people and administrative issues).
.l\ttitude is everything in a partnership; the way that a potential partner approaches the joint effort
will define the success of the endeavor The City intends to create partnerships with entities that
will approach the partnership with a positive "can do" attitude.
CELLULAR WIFI NETWORK OVERVIEW
The network Infrastructure includes Tropos mesh network
radio technology lO-miles of fiber optiC network backhaul
. apaclty, Pronto Ullifi OSS, and \NIMax backhaul capacity
where fiber is unavailable
!he Trapas technology IS the kej compoflent of the
network that enables the City to feasibly provide broadband
wireless ser'/Ice throughout the metro area This
technology IS based on a MetroMesh i M architecture that
creates an integrated software, management and hardware ~\;;;
system to enable the operation of multiple Independent"j ).:;
networks on a single metro-scale WiFi mesh infrastructure c~l!'"'
Without compromising performance reliability or security The Tropos technology supports the
'~~ity's GUiding Principle of scalability and compatibility - its architecture allows for unlimited
scalability and it uses IEEE 802.11 (WiFi) standards which makes It broadly compatible with most
manufactured network and client equipment
NETWORK IMPLEMENTATION
It's working! The City has successfully completed an
'!litlal pilot project that included two residential
neighborhood AMR areas (over 2,200 homes) within a
300 radio-node cellular WiFI network that provides access
,:overing over 18 square miles of the central and shoreline
area. In September 2005 City Council approved the
expansion cellular WiFi network to serve the City's AMR
needs on a city-wide basis
By August 2006. the network will provide access across the
entire city area and Include over 1600 radiOS that provide
network access speeds of up to 54Mbps (I.e, 80211 g)
Concurrent With the network expanSion, the City is expanding
beyond the AMR application to include additional utility, public
safety, emergency response inspection, code enforcement
emergency medical, and school system applications.
NETWORK INFRASTRUCTURE
DUring this period, the network Will also be available to the
public for business and residential usage. A network website
(www.ccwifiorg) has been developed to provide the
public with information about the network as well as collect
valuable feedback that will be used to structure future network
services.
_-
BUILDING INSPECTIONS
. CQOE'~N~~R'CEMElVl,. '. .. ._.-.~..~..~. ~
~.. I. - ~...W~+~. EM~yGENGi1-~ _ _ _
.-- _ _ _ MEDICAL-- ~~ '
.. .'i ttf ~i......"....iT.H..U.O.~~~itt.:..R..HE.~~ .
'f~....o,~"
Mi. . RESPONSE h
. .. A.U~~...~.~...~~\~_; .. ....
,..~~~I.~r.:~ .
-'
I
'4
~. ..c.o. ns'.rUclion
.... and
Repair Crews
,,=- 1" AJ
.. tIJ x.
,c" K
" 1'~ "'1lJ'
" '" n >
STRA TEGle VISION FRAMEWORK
he' City na,:> establlstlecl a strategic VISIOfl framework that extends beyond the sole provision of
.,ublic internet access throur]h the cellular WiFi network - it also contemplates the provision of e-
)USlneSS, e',Olllme: lE'. e-Iedming. dml personal productivity applications to enable government,
,.cunornic development. ancl community d(Jvancemerll
INTEGRATED PORTAL STRATEGY
i he cellular WiFi Network cr cates a concentration pOint of mass local online traffic. This
>.. ollCentration point is (] principal asset for leveraging the City's infrastructure investment.
Portal-based business models are used by many of today's most successful businesses (e.g.,
(;oogle, Yahoo. Ebay. etc.). The strategy of these models is to maximize subscription and
advertisement revenues by creating a mass concentration point of Internet access through the
promotion of a high value portal application or service
he cellular WiFi network allows for the establishment of a single physical entry point for local
bUSiness. residential, and Visiting users. The combination of a single entry portal with a high value
Integrated applications and services provides the City and its potential partners the opportunity to
establish a Illass concentration point of local Internet traffic.
~'"
,
,T'
,,!
'--'-"~-~':",~~7"~;'!:<
INTERNE1' c.-
L
iii,
'Ii'
--~
~
.~
..
~~
~..~
..
t-l-EMHIttG
IHTEIlMH
ACCE 55
E-COt.4roE-R.Cf
'"
;
PARlWER NETWORK SERVICES
E-CO\l:RH_NT
E-C~IIITY
E-HEWS
,.-
--
Figure 1
fhis strategy enables the City to leverage its infrastructure investment by implementing a business
model that improves the delivery of government services, enables economic and community
development, and generates return on investment (ROI) revenues (advertising and
application/service subscription fees) for the City and its partners.
Successful market penetration will be driven by affordable costs, high value content and service,
,Kcess/application convenience, and secure and reliable network service.
The "anywhere/ anytime" access of the cellular WiFi network presents a unique combination of
convenience, affordability and reliable service. This offers the potential for a high penetration into
the local residential and bUSiness markets.
rhe City is considering the establishment of a non-profit corporation that will implement and
execute this business strategy. Under this model, the City would own and manage the network
Infrastructure (potentially through a service contract) and provide dedicated bandwidth for
government network access (i.e. utility. public safety, schools, etc.).
~ " ~~
" ~,.","
J,,; 'tt~
~ !,,;~
~ < ""11~ " M_
~ '" ~ ",,," ~ '
The City would sublease a portio!l of dedicated bandwidth to the non-profit corporation for public
access Collaborat!ve partners would then enter into agreements concerning terms of usage and
the rights anrl obligations of the parties with the non-profit corporation rather than the City. The
"ity would establish access usage agreements with other reglonai government organizations as
Nell as the non-profit organization
PARTNERSHIP OPPORTUNITIES
fhe following are some of the potential partnership opportunities that can be enabled through the
'xecutlon of an Integrated portal strategy
Network Infrastructure
Netw_orkSupport. The City can either staff technical and cLlstomer service support
Internally or contract with an external organization to provide these services for both
government and public network application users. Network support organizations should
submit their information, ideas, and interest in collaboration
Fiber Optic Network Infrastructure. As network usage grows, the City will have to expand
beyond its existing Fiber Optic network capacity. Organizations that can provide Fiber
Optic Network capacity should submit their information, ideas, and interest in collaboration.
Portal Infrastructure
Portal Application Services. It IS anticipated that portal applications will be needed to
provide the non-profit corporation with revenue management solutions. Much like existing
WiFi network market leaders, the non-profit organization will require portal solutions that
can quickly support current and future services, product offerings, and business models
(i.e., revenue management, integration, content publishing, etc.). Portal application
providers should submit their information, ideas, and interest in collaboration.
E-Learning Services
On-Demand and Real-time Online Education. Providing the community with access to
affordable, relevant, and convenient accredited educational programs can improve the
quality of life for people in the community as well as provide local colleges and universities
with a new resource for increasing enrollment. Local colleges, universities, and schools
should submit their information, ideas, and Interest in collaboration.
Small Business Services
E-Commerce Solutions. Providing local businesses with access to an online market to
advertise and sell their products and services is a key benefit afforded by the WiFi network.
It enables local businesses to reach a larger market (local and world-wide) and it provides a
significant revenue generation opportunity for the collaborative partners.
E-Business Solutions. Enabling local businesses to become more effective by giving them
access to affordable network based operational management solutions is key to their
success. E-Business Solution providers should submit their information, ideas, and interest
in collaboration
Seat Management1 Services. With the adoption of E-Business solutions, local businesses
will need access to the same low cost seat management (i.e., service level technology
procurement and support) that has traditionally been restricted to large organizations. Seat
Management Service providers should submit their information, ideas, and interest in
collaboration
Seat Management IS a term that refers to an integrated technology procurement and support service that provides participating organizations with
JOlume discounted pricing.
Internet Access
InternEtt.A~<:;e!iSmS~rvj~~3>. Internet (Ie dial-up DSL Cable) service providers (ISPs) and
hotspot-based wireless Internet providers (WISPs) can extend service for existing
customers and attract new customers by providing access through the cellular WiFi
network ISPs and WISPs should submit their Information Ideas. and interest in
co!lahoratlor
Value Added Services
News Content. Local text and video news prOViders can increase their advertising revenue
by providing on-demand through the Integrated portal
Video Conferencing Solutions Providing users with affordable tools is a real-time
Interactive web conferencing solution that connects multiple people in multiple locations
with Just an Internet connection and a web browser. This tool can enable live online
tutoring, education seminars, local business meetings, etc.
Online Productivity Solutions. Network-based office productivity solutions combined with
personal online storage services can provide users with affordable alternatives.
RFID2 and Mobile Location Tracking Applications. The Mesh network provides
application providers with a unique infrastructure to develop solutions for businesses and
residents to track the things they value most (i.e, vehicles, equipment, pets, etc.).
LEVERAGING THE CITY'S INVESTMENT
Leveraging the City's investment and the ongoing cost to manage the network is a principal
requirement for the WiFi network business plan. While the City recognizes that this investment
enables significant government. economic, and community benefits, the City also recognizes the
sustainable revenue potential for a WiFi Network business and its partners.
The City has made investments in the cellular WiFi network infrastructure as part of the Automated
Meter Reading (AMR) capital improvement project which is funded through a 20-year bond
Issuance. The City is also investing In the expansion and maintenance of the citywide fiber optic
network which is required to effectively operate the cellular WiFi radio network. Further investment
will be Incurred if the City establishes a non profit corporation that will sub lease the network
Infrastructure from the City, maintain business partnerships, facilitate economic and community
development, and manage operations for the WiFi network business.
The City's objective is to develop a business plan that provides a clear return on the investment
(ROI) that has been made. It is important that the business plan includes measurable government,
economic, and community benefits, as well as business revenues that offset ongoing business
expenses. The ongoing WiFi network business expenses will include infrastructure support,
business operations, and corresponding bond payments.
LRFID (Radio Frequency Identification) IS a technology that enables applications for tracking business inventory and assets by attaching and RFID
tag that transmits a signal through an existing WiFi network.
. ~
1!Ii! . m
'- ~
. .~..
. *
, , " "~'!<
"'~~ >, h*,!&~ ~
PARTNERSHIP DEVELOPMENT PROCESS
r ne Partnership Development Process Includes two pnnclpal phases. 1) Phase I - Information
Development and Planning and 2) Phase II - Implementation Process.
Irl November Interested organizations will be Invited to participate In the information development
md plann'n~l activities
r, January 2006. a Corpus Christ WIFI network business plan will be developed using the
nformation and plans developed In Phase I
This business plan with a request to implement the plan will be presented to the Corpus Christi
':=:ity Council In January 2006
in February 2006, the Phase II - Implementation Process activities will begin. This phase will
nclude RFP and contract development activities as appropriate.
PHASE 1- STATEMENT OF INTEREST AND QUALIFICATIONS
Organizations that participate in this phase will be asked to provide a proposal of interest that
describes their proposed offering/contribution and their qualifications for participating in this
planning process. A planning session Will be scheduled and conducted in the City of Corpus
Chnsti at an appropriate time for participants. As a follow-up to the planning session, participating
organizations will be required to respond to a Request for Information, Ideas, and Collaboration. At
a minimum, Request for Information. Ideas, and Collaboration will include the following:
. An Offering Statement
. Qualifications and experience
Legal
Technical
Financial
Resources
. Bandwidth needs
. Financial/Cost Sharing proposal
Source of financing
Cost-sharing for capacity used jointly with other partners
Hardware and software offerings and cost sharing proposals
. Organizational and management description timetable for construction and completion and
service availability
. A statement of compliance with City's Guiding Principles
. Based on the information In thiS prospectus, any suggestions for successfully structuring and
managing the network.
. Other
PRESENTATION AND INTERVIEW
it IS anticipated that the City will conduct Interviews dUring the latter part of November and early
'Jecembe' 2005 Potential partners \vlshlng to participate In the presentation and interview process
Nili be afforded at least one half day s time to meet with City representatives in Corpus Christi or in
" n lutually agreed location outside the City
CONFIDENTIALITY
it will be the responsibility of partners to Identify matenal deemed proprietary or confidential and to
coordinate with the City in how best to make the information available for review and consideration
by the City as part of the process with due regard for the partner's requested confidentiality
preservation
PARTNER CONSIDERATIONS
Partner consideration by the City will include consideration of partners who demonstrate a
willingness and ability to meet the needs of the City and its Guiding Principles.
Partners are encouraged to expand upon all questions, provide charts, maps, pictures, and other
materials that will enhance the understanding of the City and its evaluation and establish a clear
understanding of the benefits it will bnng to the City
As used In thiS document, "partners' refers to persons or entities working in collaboration with the
City to use network bandwidth or to make available a service or connection to others. It does not
mean or Imply a legal relationship With the City in the nature of a business partnership. The legal
relationship between the City (or non-profit corporation) and collaborative partners will be
developed on an individual basis as appropriate based on the type of contribution and services
being offered by each party.
POST PRESENTATION INTERVIEW
It is anticipated that the interview process will bring about a variety of questions or matters that
require further responses, clarification, etc. It is expected that potential partners will make available
responses to the requested additional information within a reasonable time after a request from
the City. It is likely that the City staff and consultants will meet throughout December to evaluate
the presentations and make determinations regarding recommendations to the City Council for the
City of Corpus Christi. At that time, questions and matters requiring clarification or further
information will be identified and responses solicited from potential partners. Public procurement,
open Information, and open records requirements will have to be followed where applicable to
particular agreements.
PHASE TWO -IMPLEMENTATION PROCESS
!l January 2006 the presentation and report will be made to the City Council with
recommendations. Subsequent to that meeting. assuming that the City Council authorizes the
HJCess to move forward a Phase Two Implementation process will be initiated, during which. at a
nWllmum the following will occur
Organize the non-profit (or other entity determined to best meet the needs and requirements
of the project)
Create an overseer board and staffing for the entity
Initiate the contracting process between the City and the non-profit corporation
Development of subleases or other contracting arrangements with potential partners
MARKET OVERVIEW
CORPUS CHRISTI DEMOGRAPHICS
JVith a city-limits population of 280,000 and a metropolitan statistical area that includes 409,400
oeople Corpus Christi is not small
According to 2003 population estimates from the US Bureau of the Census,
'331d largest city in the nation
Located on the Gulf of MeXICO, Corpus Christi is the 2nd most popular vacation
jestination in the state of Texas. In addition to its 409.400 residents (MSA), the
area receives over 3 million VISitors each year.
Corpus Christi is located approXimately 130 miles from San Antonio and
200 miles from Austin on 1-37 and 1-35. Houston is about a 3.5 hOUr drive
on US-77 and US-59 Corpus Christi to Mexico via Brownsville is approximately
160 miles and via Laredo is about 144 miles
rhe following are a list of key demographic indicators
. POPULATION
-+ Metro area populatlon...............................................409,400 (281.000 - city)
-+ Population Density.................................... ................................... .......... .... 249
-+ Pet. pop. under 18-years old....................................................................... 28.8%
-+ Pet. Pop 65-years old and over.................................................................. 11%
-+ Pct. Hispanic/Latino population ..................................................................54.6%
-+ Pct. non-Hispanic White alone population.................................................. 39.1%
. HOUSEHOLD SIZE AND TYPE
-+ Total households... .......... ................................................... ..... ...... ............. 132,353
-+ Average household size............. ............................................................... ......... 2.8
-+ Pct. married-couple hhlds. with own children under 18 years old................. 26.4%
-+ Pet. single-parent-headed hhlds. with own children under 18 years............. 11.2%
-+ Pet. family households without own children under 18 years old.................. 35.9%
-+ Pet. nonfamily households.............................................................,.............. 26.5%
. EDUCATION
-+ No H.S. Degree .......................................................................................... 26.1%
-+ H.S. Degree................................................................ ....... ........ ....... ... ............. 40%
-+ Some College ......... ....... .... ... ........ ................... ............ ........ ........ ............... 16.10/0
-+ Co !leg e Deg ree .......................................................................................... 1 7.8 %
. INCOME AND EMPLOYMENT
-+ Average household income.. .......... ...................... ...... ... ...... ......... .............. $48,129
-+ Household income under $25k... ... ....... ...... ... ...... ...... ..... .... ............ ..................25%
-+ Household income $25K - $50k....................................................................... 30%
-+ Household income over $50k......................... ..................... ............................ .45%
-+ Cost of living index (national average is 100)................................................... 88.5
MARKET PENETRATION OPPORTUNITY
Though the City IS conducting focus groups and surveys to get a more precise estimate of Internet
usage in COI pus Christi, this section provides preliminary estimates using demographic data and
Internet usage results from the Pew Internet & American life Project.
Considering the City's education and household Income demographic statistics, the Pew Internet &
American life Project Indicate that a Significant percentage (over 40%) of households in Corpus
Christi have desktop PC's with dial-up (or DSL3) Internet access.
he dllvers for compelling a large percentage of reSidents to switch from dial-up Internet access to
WIFi Internet access has yet to be determined. We plan to define more certain penetration drivers
through community focus group and survey efforts
The following are key advantages that could compel residents to switch from dial-up Internet
access to WiFi Internet access:
CONVENIENCE. The WiFi network enables convenient connections of computers in locations
that wired networks cannot - whether connecting desktop computers to remote locations of the
home or connecting mobile computers throughout the city.
CONTENT The growing popularity in content and applications that demand faster Internet
connection speeds. Music and video downloads, VoIP, and e-Iearning applications are rapidly
growing in popularity. The WiFi network enables access speeds that are 100 times faster than
dial-up access speeds and 20 times faster than DSL access speeds.
The challenges for driving high WiFi network user penetration in Corpus Christi include:
COST In addition to Internet service subscription costs, the cost for new equipment and
upgrades to existing equipment must be included in cost of entry determinations. Many users will
have to invest in WiFi equipment upgrades (i.e. adapters. range extenders, high gain antennas,
etc.) or new computers (i.e., first time users, desktop upgrades, or mobile equipment) to use the
WiFi network. It is clear that WiFi network Internet access costs must be competitive but it is not
clear what will compel a large percentage of residents to invest in new or upgraded computer
equipment.
RELIABILITY. Reliable WiFi network availability, performance, and support must be provided to
create and sustain user loyalty. Factors for providing WiFi network reliability include broad
network coverage, WiFi compatibility, scalable bandwidth, real-time network monitoring, 24-hour
maintenance and recovery service, and 24-hour customer service.
rhe WiFI network advantages and challenges present business opportunities for potential partners.
These opportunities include affordable computer equipment procurement programs, reliable
network support services, and WiFi application development incubators.
The W,Fi network availability could drive significant increases in computer equipment purchases -
computer equipment lease programs that enable users to have small monthly payments could be
very attractive to lower income residents in Corpus Christi.
With demographics that represent most metropolitan U.S. communities, the unique WiFi network
makes Corpus Christi an excellent location for testing emerging WiFi applications and equipment.
This unique on site access also makes Corpus Christi an excellent location for WiFi technology
Incubator programs.
'Recent market reports indicate that the penetration of DSL subscriptions have grown significantly over the past year - this market surge is driven
uy ,)road availability. competitive (with dial-up Internet service) rates, and limited equipment cost requirements.
THE PEW INTERNET & AMERICAN LIFE PROJECT
,;tdH1CJ tc the Pl'\\! Internet & ArnC'tK,'m lite Project as of May-June 2005,68% of American
1cJults or abuut 137 million people, Lise the internet. up from 63% one year ago. Thirty-two percent
f tUWflC ,ill adults about 65 million people, do Tlot use the internet and not always by choice.
ordlllg tc the Pew Internet & American Life
r~roJect Internet market penetration is principally
ietermlfled L)y education and Income levels
S r~~
'.
~..c_,':1.
<]:~
,Id
;2% of pt'ople with less than a H.:3. Education,
~)4%, of people with a HS Education, 80(/0 of
ueople with some college education. and 88%
)f people with college educations have Internet
access at home
.
b"
l8% of households with incomes less than $30, '<[),o(
:Jlousand 69% With incomes of $30-50 thousand, c;
. ~~,\r:1 t!,'"'b
34% with Incomes of $50-75 thousand. and 92%
with incomes greater than $75 thousand have Internet access at home.
Broadband penetration splits education level with 62% of college educated Internet users being
broadband subscrrbers and 44% of high school educated Internet users being broadband
subscrrbers.
BUSINESS DEVELOPMENT RESOURCES
Corpus Christi competes nationally and globally with other cities for business and is home to the
fifth-busiest port in the country. Corpus Christi also has three major military bases in the area,
which employ 17,500 military and civilian personnel.
. Corpus Christi ranks fourth in the nation in new investment, behind New York. Detroit and
Chicago and ahead of Dallas-Fort Worth and Houston, according to Site Selection magazine.
. Nearly 40,000 jobs in Texas are related to the cargo and passenger activity at the Port of
Corpus Christi, according to a 2003 study.
. Corpus Christi's two nationally recognized colleges are in the middle of major construction
programs
Largest Businesses, The largest enterprises in Corpus Christi are military services and the city
government Within the private sector, the largest employers are concentrated in the health care
and oil-refinery industries. Together, the top 10 employers in the area hire about 37.000 workers. or
about 20% of the local workforce.
Small Businesses. Out of the total of the 9,000 businesses in Corpus Christi, 8,475 of them
(94.2%) operate with fewer than 50 employees, and 7,613 of those (84.6%) operate with fewer
than 20 employees. According to the Office of Small Business Administration, a small business
may be defined as a firm with fewer than 500 employees. By this standard, virtually all local
businesses (99.6%) are small.
~ 1 "'" <x, '"
~ ,B '1'1 ~o
, " '" ~ <<~~ ,<>'" t / 0 ~
Private Sector Employment. Pnvate-sector employment in Corpus Christi totals over 158.000 jobs.
Srnal! businesses with fewer than 50 employees account for 63,4 15 jobs (40.0%); those with fewer
ttldil 20 employees account for 37.420 Jobs (23.6%) The metropolitan area also has 563 sole
prclprietorshlps which together account for 63% of all buslflesses and 04% of the local workforce
[ndJJMry Distnbutlon Disproportionately more small businesses participate in the local retail trade
and health care Industnes. Each of these two industries has about 1,000 firms that operate with
fewer than 50 employees The shares of small buslflesses are spread evenly across service-
(Jr!8nted Iildustrles
The follOWing are key resources that are available to assist in business development activities
. Black Chamber of Commerce
. CC Chamber of Commerce
. CC Convention and Visitors Bureau
. CC Downtown Management District
. CC Independent School District
. CC Regional Economic Development Corporation
. CC Regional Transportation Authority
Dei Mar College
. Small Business Development Center
. Hispanic Chamber of Commerce
. Minority Business Development Agency
. Minority Business Development Center
. Nueces County
. Nueces County Appraisal District
. Texas A&M University-Corpus Christi
. Westside Business Association
. Workforce Network, Inc.
RESOLlJTION
\J>PROVI~G FORMYrION OF CORJ>l)S CHRISTI ELECTRONIC
COMMUNICATIONS DEVELOPMENT CORPORATION. AND APPROVING
IT~ -\RTICLES OF INCORPORA TION AND BYLA WS
WHEREAS, an apphcatlon In writing seekmg the mcorporation ofa local government
(, lrpura\ Ion under the provisiolls \\ r 1 hl' Suhchapter D. Chapter 43 I, Texas Transportation Code,
h, be klh)WII as "Corpus Christi Fledrunic Communications Development Corporation" (the
"( 'orporation"), has been filed with the City Council of the City ofC ~""s Christi, Texas (the
"( It\" ('1 "C 'orpus Christi"), hy three individuals, each of whom is.. Zen of the State of Texas,
ofthl~ age of 1 R years or more and a resident of the City: '
->:~~~f-;'.~:::~~~~:%~~:~-:
NOW, THEREFORE, BE IT RESOLVED BYJ_I .' elL OF THE
CITY OF CORPUS CHRISTI. TEXAS, THAT: \'-f~\
:'. .~'.::.~. .
.~;".i;;-.,--'
'\'-'"pulation located in South Texas
and the Intracoastal Waterway.
population of about 55%
. committed to equal
,~,.. ctions, .
~~llbraries, the arts;
c~'Q.fj!iscrimination i '.
5."',\. us Christi ha
'C.;,' ment; und .
attainni.... dequa"
related to'.
opportunitie
..:..:~~.
servIces.
6. Corpus Christi has diligently worked to promote the economic prosperity of the
community, with primary focus on job creation which is the lynchpin for economic health
and quality oflife for citizens. Toward this goal, the City has undertaken many economic
development initiatives, including an arena, convention center expansion, professional
baseball stadium for a team affiliated with Major League Baseball, seawall rehabilitation,
funding of economic development activities and affordable housing, construction of
Packery Channel, creation of a tour-year university affiliated with the Texas A&M
University System, establishment of the Texas State Aquarium and the Lexington
. titution, having accepted the
ents und exas law, and the resulting
d welfare of its citizens.
ing water, wastewater, storm water, and
.public services including police, fire,
'.. agement, streets, solid waste collection,
borhood irri ' vement and protection, health and safety
arks, recreation programs, latchkey programs, museums,
ort,.-- :,~ipal courts, convention and visitor facilities, enforcement
and 6t\irs.
ditionally suffered and continues to suffer unacceptable levels of
ployment; salary, wage and benefit levels; educational
ing; and health problems. All of these problems are directly
nt number of quality jobs, and the resulting depressed economic
he availability of resources necessary to adequately fund basic public
\ 1uSCUI1I. L'xpanSlon ollllilitary facilities, development of regional water resources, and
support f()[' business and economic development organizations.
C,rplJ:, Christ;'s pr;mJr) publi.: pUrp,)SL'S arc to deliver -:omprchcnsivc, first class city
services at the 100vest cost. achH.'ve an excellent quality of life for all its citizens, and
l 'cat c an () utst and mg l',,'()11011lIC environ\l1l'nt wit h excellent job oPP0l1unities tor all
p crso 11 S
~ Corpus Christ I s ability to achieve its public purposes IS currently hampered by the
itllSCnCl' III full al'n~ss lor lhe ( I1Y, Its citl/t:ns and community to the highest possible
kvel olekctrolllL' COI1l\l1Ulllcatlons technulogy. Full access to that level of electronic
tcdU1ology is indispensable tu thc City's ability to fully realiz~~ public purposes.
Present access to that technology is tar shurt of the level r, ,.'~'
( 111 2004, Curpus Christ i undertook a Wireless Fidclit' ) Network pilot project as
p;Jrt of developing an Automated Meter Rcading (A . to serve its water and
gas utilities. That project was successfully compl~t ......ntial neighborhood
areas with over 2,200 homes."~:,\~~~,,.
J I J. In September 200". the City Council aP1?fQ'~irexpansion ofthi;~}Vork to include
the entire. eit~, In a~dition to AMR, t~e I\j:"' ."'/fk expansion wi.lI suppd~~rovement of
other basiC city servIces mcludmg pohce';',emergen~'tnedlcal, emerg~
managemcnt inspections, code enforcement-and man"l~thers. The Network will enable
the City to provide better services at reduced ~J~;'.\O{Y~
11. The City is investing $6,0 '. . .in infrastru~or the city-wide Network, and will
invest additional significant reso~~':~i~l~~contiml~eration, maintenance, and
upgrading of the System.~~. "'::~+G'''''2''
I" The completed Network will h~ exces~'/" '. rhiif.t:apacity will be made
available to a vari tial p ,..,,,. ion will increase the benefits
and value ofth . aging ent.
11. Potentia
~~.S~;
a.
, etwork will provide the opportunity for
~Ces at reduced cost, and to better integrate
...., for overall community benefit.
itutions. Th(t~~twork will increase citizen access to
rele. and convenient educational programs to enhance the quality
rce . ',,'.. prove the quality of life, making Corpus Christi a more
for n~'Jmd expanded businesses. It will also contribute to
ent at local educational institutions.
es. The Network will enable online markets that provide local
ftools to enhance their sales and operational effectiveness and
-;~':.'
e
d. C . . Oty groups. The Network will enhance the programs of community
groups t1\~t promote public purposes of the City.
e. Internet access services. The Network will be a vehicle for internet service
providers to reach more local customers, and for more citizens to have internet
access.
f Value added services. The Network will enable increased access to a wide
variety of goods and services.
14. Fair value will be contributed by partners in return for the benefit of participation in
the publicly-owned Network, which compensation may be in the form of financial or in-
kind contribution or in carrying out public purposes of the City. Partner participation will
)
leverage the ('Ity S lI1\cstmcnt to the maximum extent: the greater the total participation
1 he greater will be the public benefit.
I'he..;" gwdil1g pnncq11e..; \'.111 govern de~ign and administration of the Network:
a. Equity and level playmg tield. It IS the intent of the City to provide a level
f1L1Yln~ tit'ld f(l ali potentIal partners
[, i4ualh 111l1'orlal1t. I Ill' City 1l1tcnds to deploy services in a way that ensures
lilat modem St.TVlces are available to all of Its citizens.
\.. ]11 ,mkr to bee, line d partner wllh lhe City in a collaborative broadband
nd\\ork, ~I company III olganization :-;\1ould be prepared to bring an asset to the
l'pllaboratlon. ThIS asset may bc financiaL technologi.~)or people-based.
-'-","~~_:<~
d lntnoperahility and :-;calability are two essential.. "." onents tor the network's
h~lrdware. software. and Orgwarc (pl'ople and ad, tive issues),
e Attitude is everything in a partnership; the., tential partner
approaches the joint effort will define the ~.u '. s oftH. .eavor. The City
intends to create partnerships with entit~t will appro....:,,~...~,e partnership with
a positive "can do" attitude.':'" .,~~~:.\/
6. Fully utilizing the Network as descri~:,at5ove will improve the d~l~ofCity
services at reduced cost; will promote ecd~ic prosp~~:Jn the commu_~
'lumerous ways including increased jobs and~ines~~lrtunities through a better
educated work tiJrce. increased markets tor 10cIJ. '<.' ses, ubiquitous access for all
citizens to electronic communi, .""technology;,. quality oflife that attracts more
Jlld expanded husinesses: and ....... eV~f the Citlg:':,~yestment by attracting more
revenues to support the Network>'<;\~,':'::'"'~,./", . ..''1''/,,"
7. The present and prospective ri~to gai~Joyrri~~ffand general welfare of the
people of Texas a~l:' "'~1.{",Christi / ',,)11 p~se the promotio~ and. .
development of:~ ~~ded bu 'enterpnses''and development of Job trammg,
and these wiU;~;'advanced ~'lmpleme ion of the Network and its increased access to
technology. '\\":~~ ' .... 'i~:,.
I R. The existenee~..~evel!) :,,, :.<",~expan~~m of business, commerce, industry, higher
educ,*j,Q'p,.~nd jo....,..<-~/:.~'~.~e.:.;>J,;~:;;.,.".,~:.:' ...0:" economic growth of Texas and Corpus
C. "~::';'~;~,~e fui '~'ployment, we ate, and prosperity of its citizens, and these will
/~\~ dvanced"bY:.~le~"f.!ion of the Network and its increased access to technology.
~iJ9. ImplementaH"'\ofth~~~:vork and its increased access to technology will contribute
. '. . e development' ,divers~cation of the economy of Texas and Corpus Christi and
tl1..1itnination ofurl.", loyment and underemployment therein.
20. TO'.:', .~mentation" e Network and its increased access to technology is in the public
mterest' . ' lie purpose of Texas and Corpus Christi in promoting the welfare
ofthe citis and Corpus Christi economically by the securing and retaining of
husiness ent' '. and the resulting maintenance of a higher level of employment,
economic activity, and stability.
21. Implementation of the Network is a program to promote state and local economic
development and to stimulate business and commercial activity in the City pursuant to
Section 380.001, Texas Local Government Code.
SECTION 2, The City Council hereby fmds and determines that it is necessary and
advisable that the Corporation be formed to accomplish the public purposes described in Section
I of this Resolution.
~
SECTION 3. The City Council hereby approves the form of articles of incorporation
proposed to be used in organizing the Corporation, a copy of which is attached hereto as "Exhibit
\ :wd 'l1eorp<'Llll'l1 herem, and the !(JIm ofbyla\\'s proposed to he used by the Corporation, a
copy ()fwhich IS attached hereto as "I::xhibit 8" and incorporated herein, and hereby authorizes
rill' I11colroratioJ1 II f t he ( orpnrat 1011
SECTION 4. Ihe ( Ily Council tinds and determines that the meeting at which this
RLsolutl\'ll is approvnl i:-- OpCll to till: public as r\.Xjulred by law; and that public notice of the
llme, place, and purpose (I f sa id meet ing \vas given as rell uired by Chapter 551, Texas
Government Code.
SECTION 5. All resolutions and parts thereof in confliRt;~~with are hereby expressly
repealed insofar as they conflict herewith. ;,.:;~,:.' ":'.;
:::,:.;...~.~:.~.:~.~.:::: <., . .
,c- .:.~ ....:~:~~~g~~~:,..
SECTION 6. This Resolution shall take effect,~ai.Jlediately frortf~_after its adoption
and publication in accordance with the law. ,.,..,' ".
ATTEST:
Armando Chapa
City Secretary
'.~::.j~~/~~"~:.:
'.-,:~>,~:;-. Henry
~",\,;~~~:
APPROVED THIS
.,,~~~S~~i<.~F
..- > .
Lisa Aguilar
Assistant City Attorn
For City
4
',:~.\:..~,~
-~'::~~~:;\;~\~
,.,.,~.. 6'
"^:;\~.,
(orpus('hnstt Icxas
p.". ,t
20()h
! Ik' ah(.\ C ITS()lutio!1 \Va' pas-.:ed h\ till' t(lllowin!:-,- \ole
Henry <- I arret !
Bil'l1l CiiCSI1L'\
Bill Kelly
vklody ( ooper
Jerry Garcia
Rex Kinnison
Jo hn t:. \IIarcz
Jesse Noyola
Mark Scott
'i
I~XHIR!T 0\
ARTICLES OF INCORPORATION
CORPlJS CHRISTI ELECTRONIC COMMlJNICATIONS DI:(VELOPMENT
('ORPORATION
We.ti1L~ lInder~igned natural persons, each olwhol1l h at least eighteen (18) years
oj age lH more. and a resident and a yualitieJ voter oCthe Cit) oCCorpus Christi. Texas
(the "City") and a citizen of the State of Texas, acting as incorPOf.~tors ofa corporation
under the provisions of Subchapter D of Chapter 431, Texas T,f. . rtation Code (the
"Act'), including the applicable pn)\isions of Chapter ~94,~ n's Texas Codes
Annotated. Texas Local Government Code (the "Local q ," t Code"), do hereby
adopt the fo Bowing Articles of Incorporation tor such .
~~\~~~\~;
.;;.~\\~' .
:"~.:;
ARTI~.iI
The name of the corporation is CORPU'~J€ti.Rl$~ltLECTRONIC
COMMUNICATIONS DEVELOP~J'lT CORPOtt.$lON (the "Corporation").
'3;f';;\~~~;i'.\", "":;':;:.
. .'...-....--<
.'-- -,,' - /."
." . . - -.
_TIC;..:....".
~~~:.:....~~.~~...... ...o.....;~.:..~.;-.~.:...~.:.~.-:.:;': :,::~':~\
.__-.:_ --0, ,-<;~~"._:..~::;:..,.
.........f~II
6'.."\--",:~~",:,~,:;:;,>" ; '~>;_-3;'i.:>:-;--_::',
I~~~".duni~.pfthe Corporation shall be perpetual.
~~..::.;.~.:.:...:::.~::~:..:~.~:.~._.....~.........,.."c~/;_:l\ .'S~~\,.
_ . '-.'~,;'.~\\'c..
'>;:;~~^'-. >~;\;>.
. .~~ . .
.... '-}'~:::":
-.;, -::~::;
ARTICLE IV
">.:,~j.~':-.-'-
The"::';;'" ganized for the purpose of aiding, assisting, and acting on
behalfofthe Cl ormance of its governmental functions to promote the
common good an I welfare of the City, including, without limitation, the
development ofthetty of Corpus Christi Citywide Cellular Wi-Fi Network (the
"Network") tor the purposes stated in the City's Resolution adopting these Articles, in
order to empower the public with the highest possible level of electronic communications
technology, which will enable provision ofthe highest quality city services at the lowest
possible cost, create an enhanced economic environment with excellent job and business
opportunities, contribute to the development and diversification ofthe economy of Texas
and the City and the elimination of unemployment and underemployment therein, and
generate many other related benefits.
FXHIRP\
lhe ('nrporatlon IS tOlll1ed pursuant to the provisions of the Act as it now exists
or may hereafter be amended (including the applicable provisions of Chapter 394, Texas
Ie:" U"\lT~l'1lCnt ("dc. :md !.,thc! applic:.lhle !:l\\S referenced in the Act), which
aUlh\lrizes the ('orporation to assIst and act 011 behalfofthe City to accomplish any
g' \crnmcntal rurpos,' nlthc ('It\ and to engage in activities in the nlrtherance of the
purr' ,ses (lIlt, lTcali\l11.
I he ( IlrpOralilll\ sll<1I1 hit\ e ami exercISe all urlhe righls. powers. and privileges.
dUlhl'!lt). and fundions gl\CI1 b) the Ad and by the general laws ofthc State of Texas to
non-profit corporations incorporated under the Act including, wiWout limitation, the
powers granted under the lexas Non-Profit Corporation Act, ~le 1396-1.01 et seq..
V cmllll' s Texas Civil Statutes.""
;;:,":;'
The Corporation shall have all other powers oJ.: or. ~t nature not
prohibited by law which are available to non-profit~rations ffi.....:.,...s and which are
necessary or useful to enable the Corporation to,~nn the functions~~ accomplish
the purposes for which it is created.,:%t~.: '~~}'::>
...-..:~:-,.:.; ::;.~~~:-:.,;.
The Corporation is a governmental unit as'~q~:!ls used in Chapter 101, Texas
Civil Practice and Remedies Code, . the operati" ..' e Corporation are
govemmental. not proprietary, fun ' . urposes tel' 101.
.......~~~~.
"-',--,-''-:-~i'.
The Corpor. shall tuito mem
and shall have no stock.
'~~.
~<
~ ..ivI
{.~..'e ,;~,\~~%~~~~\
. .j~t1 powers 6'f Co~ion shall be vested in a Board of Directors who shall be
app6"*'" , by the City '.cil o'f~.City (the "City Council"). The initial board
memb'f;~ch of whom 'r_des in":tte City, are identified in Article IX below and shall
serve for t ::~. _ pn expirin ". the date set forth therein. Subsequent board members shall
be appointec.f1': '" ,.e City. .'ncil. The number of board members after the initial board
members and t' ch board member shall be provided in the Corporation's
Bylaws. Each boo . bel' shall serve the term prescribed in the Bylaws or until his or
her successor is app;ffited by the City Council. Any board member may be removed
from office at any time, with or without cause, by the City Council in its sole discretion.
All other matters pertaining to the internal affairs of the Corporation shall be
governed by the Bylaws of the Corporation, so long as such Bylaws are not inconsistent
with these Articles of Incorporation or the laws of the State of Texas. Any change to
Bylaws must be approved by the City Council ofthe City.
')
[XIIlBIl\
,\RTICI F VII
lh~ :'Ilr~~i ilJdr~::,::, u r lh~ illlllal rcgish.:1 cd u llic~ II rthc Corporation is City Hall,
120 i Leopard, ('nrplls Christ i. Texas 7840 I. which is within the city limits of the City.
and! he naml' of its initial registered agent at su~h address is ,\rmando Chapa.
i\RTICLE VIII
The names and street addresses of the im;or!X)rators, cach,Qfwhom resides within
the ('ity, arc:
NAME
ADDRESS .
',:..>.-.~::~:- -
-,:, ,.~..\'..~.,;~~~.j("
'.'" '!;'.~~t~
120l~ard, ('orpu~~ti, Tx 78401
1 2Q:lts~opard, Corpus ~, Tx 78401
l.:~Le()pard, Corpus Chri~\;[x 78401
George K. Noe
()sclr Martinez
A rmando Chapa
.....".-.....::
-.,.' ::._'~;.
.-~
The Corporation shall be gov
directors. The names and addresses 0
the City, are:
by a btl~ of directors consisting of 5
.,~ of whom resides within
NAME
W"DRESS
~:~.
all serve a term that expires May 31, 2006, and each shall
hich the initial director was appointed and until the
mted and has qualified.
ARTICLE X
A resolution approving the form of these Articles ofIncorporation has been
adopted by the City Council of the City on __ .___.___,2006.
1
,
LXII 113 l'l \
\ RT I ( I F X J
['HI i )lreClllr-,llaii Ill' iiable [0 the Curpuldlioll !OlllluIH.:lary damages lor an acl or
omiSSIon in the DIrector's capacity as a Director. except for liability (i) f()r any breach of
thc Directur"s dut~ olloyalt~ Luthe ('orporatlon, (iil IllI ads or omissions not in good
t:lltl1 or which i1l\ohl' inll'ntinnallllisconducl or a knowing \ lo1ation oflaw, (iii) for any
transaction fl\!' which the Dircc!nr received an Improper henetit. whether the henefit
rc..;uiled t1\)11l an act Liken \vllhin the scope utthe director's ortice or (iv) for acts or
omiSSions liJr whIch the liabIlity ota Direetur IS expressly provided by statute. Any
repeal or amendment of t111S ;\rticle shall be prospective only, an<.1shall not adversely
affh:l any limitation on the personal liability ora Director exi_at the time of such
repeal or amendment. In addition to the circumstances in i9fla Director is not
personally liable as set f()rth in the preceding instances". ::..,.,..sha11 not be liable to
the fullest extent permitted by any amendment to the T c tat_~bereafter enacted that
further limits the liability of a Director. '/.
ARTICL"BXII
In accordance with the prov ns ofSection~:(c)(3) of the Internal Revenue
Code of 1986, as amended (the "Inti yenue Codh~,and regardless of any other
provisions ofthcsc Articles of In co f8W{"'.: e laws ", State of Texas, the
COl1Xlration: (a) shall not permit any rr.oftthe COl1Xlration to inure
to the benefit of any priva.,t~iA4ividual (~(:ppt ..Ie compensation may be paid
fi:)f personal servicesr~i~~;~r for th': . ration m' ecting one or more of its
purposes); (b) sha.ijl~~:'direct"''''"'' fits ac' . s to attempting to influence legislation
by propaganda or"':~:'" ise; (c 11 not pa.. . ate in or intervene in (including the
publication or distri of ical campaign on behalf of any
candidate Jic 0 (d) So' empt to influence the outcome of any
electioq:... ......:..ce .~farry on, directly or indirectly, any voter registration
driv~~fAriy incom~?'~ed bj~\~Corporation after payment of reasonable expenses,
dcbt~1!such reserves"~~way btf;~essary as set forth in the authorizing documents
related"tj..t.4e issuance of~t by the COl1Xlration shall accrue to the City.
Th;B~\. .hall, at. }~~imes, have an unrestricted right to receive any income
earned by the . ,.,fa' . . ,,, xclusive of amounts needed to cover reasonable expenditures
and reasonable res~:for future activities. Any income of the Corporation received by
the City shall be deposited into such account or fund as determined by the City Council
ofthc City. No part ofthc Corporation's income shall inure to the benefit of any private
interests.
If the Board of Directors determines by resolution that the purposes for which the
Corporation was formed have been substantially met and all bonds issued by and all
obligations incurred by the Corporation have been fully paid or provision made for such
payment, the Board shall execute a certificate of dissolution which states those facts and
declares the Corporation dissolved in accordance with the requirements of Section
!
EX!!I BIT \
)<)4.()26 nf\crnon's Texas ('ndes Annotated, Local Government Code. or with
appltcable law then in existence. [n the event of dissolution or liquidation ofthe
( 'I"j :C:Jtl,)!L ,:11 :.1:-;S(t \\ l!i h~ :urn:..\l \)\cr t(l the ('it:, t~):- dep, sit intu such account or
fund IS the (llv Council shall till cd
ARTICLE XIII
I t the ~ 'orporallon IS a pn\atc t(wndatlon within the Illeaning of Section 509(a) of
the Internal Revenue Code, the Coqxlration (a) shall distribute it~;jncome for each
ta.xable year at such time and in such manner as not to becoms.~ject to the tax on
undi~trihuted income imposed hy Section 4942 nfthe InterJ~\Cvenue Code; (b) shall
not engage in any act ofsclf-dealing as defined in Seetio",:.. '1\~9) of the Internal
Revenue Code; (c) shall not retain any excess business'~ding~~efined in Section
4943(c) of the Internal Revenue Code; (d) shall n~.ke any inv~ts in such
manner as to subject It to tax under Section 4944;~The Internal Reve~\~ode: and (e)
shall not make any taxable expenditures as d~ in Section 4945(d) of~Jnternal
Revenue Code. ..
..,.,'<'~%-:~~^
l~LE XIV'/
.._...~_.. -'-<',,':l...~.-;~\,\..
The City Council may at any t_:consc Cc' 'appt6~an ordinance directing
the Board to proceed with~.:4issolutio~ft.. .~,,_. at which time the Board
shall proceed with the,~'8i~,pfthe ~tion in at~rdance with the applicable
state law .;i'~:f':i'~;~'
;.:{~~~: >.~'., ''\f.;~::.
-~'~...' ~;~~?j:;.~c;~.:.'c'.-.'.)..;.'.~.~,',....'.....~cc.."",
; <~~r.;t:~f>\' ~- ~ ~'._
.-,~>
~~~~;\.
:.~~~
-"EX V
~~ese Artid~.~y ndt\_ changed or amended unless approved by the City
Coun4pfthe City.:.... '. .....:
.'i
EXlllf3r1 \
I~ \VIT'lI'SS WHFRFOF. \\t' hah' 11l'1\.'untu set Pur hands this
Incorporator
Inn)rporator
_ </:'~:f.:~~c ____ _____
In~rator
day of
Bef(ne me. on this da\ personally appcare<<the foregoing individuals. known to
me to be the persons whose names <u.~ subscribed to. foregoing instrument in my
-' '-C~':':'" '.,:x~"~;,
presence.:~:, <"
Given under my hand and seal~.pffice_:","~:,
.'~'-"; .:.:., ;'.-....,~..- >
;'>...~-..,~
N.-ryi;-~bli~U
(,
FXHIRIT R
BY LA WS
I OHPI is CHRISTI ELECTRONIC CO!\1MUNIC\TIONS
I>EVELOPMENT CORPORATION
ARTICLE I
PURPOSES
('orpus Christ i Electronic ('ommunications Developmcnt<::,orporation (the
"Coqx)[ation") is organized I()[ the purpose of aiding, assistin~>3,nd acting on behalfof
the City of Corpus Christi, Texas (the "City") in the perfor~ of its governmental
fund ions to promote the City, including, without limitaf . 't~ velopment City of
Corpus Christi Citywide Cellular Wi-Fi Network (th~ ' "', ork~ " the purposes stated
in the City's Resolution adopting the Corporation'.~icles, in or' Sf.., empower the
publ1c with the highest possible level of electro~~mmunications te~logy, which
will enable provision of the highest quality c""'< ices at the lowest po_!~ cost, create
an enhanced economic environment with exc", ,.",}job an4~iness opport'ljatties,
contribute to the development and diversificatioritJ.(th~~omy of Texas and the City
and the elimmation ofunemployme~:,i;U1d underemp~ent therein, and generate many
other related benetlts. '::'\':;';';~o,i;:;,'
The Corporation is formed pu~t to .- ,. ,jsio~~~,Subchapter D, Chapter
4.1 I, Texas Transportation:~e (the "A~') as.~ )_ or may hereafter be
":sist and act on behalf of the City to
ity and to engage in activities in the
amended, which a~2'Sth'e'~rporati .
accomplish any go,,,,.~~""ental P1ilose oft'
furtherance ofthe'~ses ofit~J.teation.
The~rporation s have all other powers of a like or different nature not
prohibited byti'wwhich .1lvailable to non-profit corporations in Texas and which are
necessary or us~,o e the Corporation to perform the purposes for which it is
created, including~" wer to issue bonds, notes or other obligations, and otherwise
exercise its borrowini{power to accomplish the purposes for which it was created.
The Corporation is created as a local governmental corporation pursuant to the
Act and shall be a governmental unit within the meaning of Chapter 101, Texas Civil
Practice and Remedies Code.
FXlI iBII B
ARTfCLF. II
BOARD OF DIRECTORS
S('ction 1. Appointment. Powers, Numher, and Term of Office. All powers of
the ('nrporat;on shall he vested in the Board of Directors (the "Board"). The initial
DlIT', tors \\lTC appoll1ted hv the Cay Council of the City (the "City Council")
through Its approval ofthl' ArtH.:lcs of [ncorI~)ration (the "Articles"), and shall serve a
term through May 31. 2006. Each subsequent Board of D irectors. shall be composed of
fi ve Directors. Offhe tlve directors appointed fe)r tenns comrg.M..tfug June I, 2006, three
shall 'icrve term,'; expiring May 31. 20 10, and two shall serY~l~ls expiring May 31,
2008. and thereafter their successors shall serve terms 0(.( ,,, ears commencing June
I Dlrectors may be appointed to succeed themselve~~(' D'..:., must be a resident
and qualified elector of the City. Each Director shaltlerve until a:' ssor is appointed.
,~:~~''':''.,:~:' <'>'.:s;~.~~
Any Director may be removed from office at aq.~~e, with or withoUf~se, by the City
Council in its sole diseretion.)F"':'s:"t~,
'';:~:~c'
:,.~'.x~~
:C'_'.','..:":'
'>~~";~~'.~'
Section 3.
shall hold'
Th'!)~,ard shall m<!i' in accordance with and file notice of each of its meetings
for the same r'" h oft'. ",.'. d in the same manner and location as is required of a city
under Chapter, .... e~:~\,-," overnment Code (the "Open Meetings Act").
~'~'\~~'c~:;~-g:r
The Corporati<5n and the Board are subject to Chapter 552, Texas Government
Code (the "Public InfiJfmation Act").
Section 4. Annual Meetings. The annual meeting of the Board shall be held on
the second Wednesday in September, at the time and at the location in the City
designated by resolution of the Board, unless a different annual meeting date is adopted
by resolution of the Board. for the purpose of transacting such business as may be
brought before the meeting.
"
~XHIRf'l R
Section 5. Regular Meetings. Regular meetings may be established by the
Board by resolution and shall be held at the times and places designated by the Board.
Section 6. Spccial and Emcrgency Meetings. Special and emergency meetings
01 1 hI Board ..,hall he held wlll~nevcr called hy the Chairperson or by a majority 0 fthe
Dire, i,)!"'.. \\11" arc sening dllhe lime the meeting is calkd.
Ille :-,\:uelar) (as ~uch PUSI111l11 is described III Article III uflhese Bylaws) shall
g:,c llltlL'L' ,d each spceiall1lL'Ct ing to each DIrector in person. by telephone.. or by
electronic transmissinl1 (e.g, t~lcsirnile transmission or electronic,!l1ail) or mail at least
threL (3) days betlm~ the meet ing. at the Director's number or ~ess as it appears 011 the
hook<; ofthl' Corporation. Notice of each special and emerifrttfmeeting shall also he
gIven in the manner required of the City under the Open .~~. Act.
" . ", .-:,. ..~., ~
Section 7. Quorum. A majority of the D~rs hOldingd'fIl.~shall constitute a
quorum fl)r the consideration of matters pertain~lb the purposes oft~'<'::orporation. If
at any meeting of the Board there is less thal1#~orum pres~nt, a majori~'{.those
present may adjourn the meeting from time t6\~$r' The~fa majority o'ttre
DIrectors present and voting at a meeting at whi6H:"q~ is in attendance shall
constItute the act of the Board, unle~t~e act ofa gt~number is required by law, by
the Articles, or by these Bylaws. A'-' .. who is P~.t at a meeting of the Board at
which any corporate action is taken r._, ~'-'~,_,,,.,,ed to h~~ssented to such action,
unless he or she expressly votes again~!tbe acff.~+'i'?: .
\.' .<." .:..,:;.~',
Section 8. C meetings'ofthe Board, matters
pertaining to the p ..' all be considered in such order as from
time to time the g ,.sence ofthe Chairperson and the Vice-
ChaIrperson, an act osen by the Board from among the
Directors Rr~mt. The",. ._,' oft, ion shall act as secretary of all meetings
ofthe ~__;ffijf~~ ab~ of the Secretary, the presiding officer may appoint any
perso1(~ act as seciat.o f t~iweet ing.
~\'... ,,'"..~:i<'..'. ..:. ".',':
e:l~.tion 9. Com~ees. The Board may, by resolution, designate committees of
less thanan~,~mbers to a~t5t with specific matters within the Board's authority. A
committee sha\l~c;t in th(t~nner provided in the authorizing resolution. Each
committee so d" .-- t . "all keep regular minutes of the transactions of its meetings
and shall cause su" .'. "tes to be recorded in books kept for that purpose in the office of
....-~.
the Corporation, and~hall report the same to the Board from time to time. Committees
authorized to exercise the powers ofthe Board shall give notice of any meeting in the
manner required for a meeting of the Board.
".,'<;
In addition, the Board shall establish an advisory committee or committees
composed of discrete stakeholder groups with an interest in the operation of the Network
to receive their input and recommendations about the design and operation of the
Network.
~
rXHIRl1 H
Section Hi. '00 Compensation for Directors. Directors. as such, shall not
rnTlve any salary or compensation 1()t' their senlces as Directors, but may be reimbursed
r, ;, ,nl' 11 "c" p 1)(' I' t ( \ ; n 1\ 11 , I: \ '" ! j 1.11 It'"
S(.ction 11. Director's Reliance on Consultant Information. A Director shall
11,>[ ,ti~lhk t'\\ hile lCllllg ill good j~lith and with ordinary care, the Director relics 011
Hill)j mal lull. \lpilllOlb. rl.:pon.,>. Ui slalclllCllb, llldudillg tlnancial statcments and other
Cilla.iLia! daU. ;,,;ullccming thl ("rpuration ur another pcrson. that \verc prepared or
1'1 cs,. Iltcd h)
a. onc PI' more other otticers or employees of the Corporation;
b. legal counsel, public accountants. or other persons a.a~~fuatters the officer
reasonably believes are within the person's professi~~6'r expert competence; or
c. a committee of the Board ofwhich the DirectQl;'~6f~member.
ARTICLE -Yf;:~{
OFFICFMf\'
':"":~~~:..",
<':~~:~~~\'"
Section I. Titles and Term of Offic~lt~e offic,.fthe corpo;~. shall be
the President. Vice President, a secretary. a tre~? ~jfich other officers as the City
( uuncil may trom time to time app One person.: hold more than one oftice
except one person shall not concu d the offi President and Secretary. The
term of office fi)r each officer shall,. with ".erm of office expiring on
March 31 of each year, but an officer s*J co serv~~il his or her successor is
' >"';.~>.~ "~'. <.',~~'..
appoll1ted. Provided. how.~".,where iIf'tQese.. .:~J.lice of the Corporation is
designated to be tilled ......1'l.e... of a .ffice, the t'~1 of the corporate officer
shall be contempo. . . s with r her tJfl:;as City officer. Officers may be re-
appointed. Offi' ...~ not be, ectors.i%~~~~
:;'~~'
Se~~o~ ~., ' > C "~I ent. The City Manager of the City shall
servc ~~i~it1e C~ration. The powers and duties of the President shall be to
serveti",chief execuH~-t,'Qfficet;9fthe corporation, to provide administrative support to
the co~ration. and to"'~ormd~~s as prescribed by the Board,. subject to regulation by
the City.~,pncil. The Vl~iPresidc~rit shall perform the duties 0 f the President in the
President ~'~;'.i~~ence. J.~
','-' -'-':.~. ';'_\:~::<
Section/'.~::""';'\er. The Finance Director ofthe City shall serve as Treasurer
ofthe Corporation'>". . reasurer shall have custody of all the funds and securities of the
- ..-..t~
Corporation which cOme into his or her hands. When necessary or proper, he or she may
endorse, on behalf of the Corporation, for collection, checks, notes and other obligations
and shall deposit the same to the credit ofthe Corporation in such bank or banks or
depositories as shall be designated in the manner prescribed by the Board; he or she may
sign all receipts and vouchers for payments made to the Corporation, either alone or
jointly with such other officer as is designated by the Board; whenever required by the
Board, he or she shall render a statement of his or her cash account; he or she shall enter
or cause to be entered regularly in the books of the Corporation to be kept by him or her
for that purpose full and accurate accounts of all moneys received and paid out on
4
FXHIHlT H
3e:CPunt oj tile corporatIon; he or she shall perti:mn all acts incIdent to the position of
I reasurer subject to the control of the Board: and he or she shall. ifrequired by the
HtI;!id ~JI\.. ,;I,'h hll;,,1 t;\1 tl1" LlIlhl\11 di":ch:!ruc IIfhj" (IT" her duties 111 such f()nll as the
Buwd lllay In.luirc.
Section.t. SlCl'ctar~. I IlL' City Secretary llfthc City shall serve as Secretary of
U IC \. urpurat le)l!. I he Secl ctar} shall keep or cause to be kept the minutes of all meetings
( tl,l. BUdl,' ,lIld ih ~\illllliitkL'S III hooks pnJ\ idl:o Itlr that purpose; he or she shall attend
L tl . gi\ lilt:. ,1I1d scr\ ing ,;(..1] Ihlti,:cs; in ltlrthcrance of'the puqx)ses of the Corporation
illld -uh.Wet to the limitations contained in the Articles, he or she W,ay sign with the
Pre~ldent or any Vice Presi<.knL in the abscnce of the Prcsiden~lm'the name of the
C'cl1'poration and/or attest the signiltures thereof all contraq$,~hveyances, franchises,
honds, deeds. assignments, mortgages, notes and other i~ '.. .s ofthe Corporation; he
or she shall have charge of the Corporation's books,r;~~~, do";' '. pts and instruments,
except the hooks of account and financial records _securities 0 '''"~h the Treasurer
shall have custody and charge, and such other ~'~d papers as th~".Wd may direct,
all (1" which shall at all reasonable times be o~tb the insp~ction of any'_~tor upon
application at the office of the Corporation dUtg.,busine~j9urs; and, he ot$.be shall in
general pert(lrll1 all duties incident to the office dr:Secr~subject to the control of the
Suard.
.;.
Section 5. Officer's Relianc~"~~';~";;O, Jant I~~.ation. In the discharge of a
dut) imposed or power conferred on ~{ficer ':,,",~orpu~~n, the officer may in
good faith and with ord~\~e rely oR~fo>It'~ns, reports, or statements,
including financial st~eTits~,other' .', I data, concerning the Corporation or
another person, th~i'~e prepai(lo.or pres '.,.~.. by:
a. one or ~pfficers otifuployees~e Corporation, including members of
the Board; or ~'1~
h. leg~~unsel; ..',,' ccoun .ti'ther persons as to matters the officer
~hib~~~ljeve;~within the person's professional or expert competence.
-' .'
:',',::"'-'
~ , - - .. . . ,. '.
,..~.ection 6. He~~g om~!~ The President or designee shall serve as "hearing
otIicer'if(if:lhe Corporation:t:~r thep'tirpose of conducting any public hearing required
under thettitW1al RevenU(t~ode of 1986 as a condition precedent to the issuance of tax-
exempt bond'~'~the Co~tion.
." - .
;,.:-~\~:
{~l*~~~'
ARTICLE IV
MISCELLANEOUS PROVISIONS
~\;.~-
Section 1. Fiscal Year. The fiscal year ofthe Corporation shall be the same as
the City's, or such other consecutive twelve-month period determined by the Corporation
and approved by the City Council.
Section 2. Seal. The seal 0 f the Corporation shall be such as from time to time
may be approved by the Board.
'\
EXIlIf1IT f3
Section 3. Notice and Waiver of Notice. Whenever anv notice whatever is
requIred to be given under the provisions of these Bylaws. such notice shall be deemed to
b~ Su Irk i~lll if gi \ ~ll ,I:> pi LSLlibu.l Ii I d parlku L.li 8 yla.i pro \ bi,lll I.) r by deposiling lhL
samt' In a post oftice hox l!l :1 sealed postpaid wrapper addressed to the person entitled
therd\! at hl:-- ilr her pust I) Irill' address. as it dppears 011 the hlloks of the Corporation, and
such notice shall he dcenwd to have heen ~Iven on the day otsuch mailing. A waiver of
notice. signed by the person or persons entitled to saId notice. whether before or after the
tllIlt.' stated therem. shall nt' lkelT1ed equivalent thereto
Section 4. Resignations. Any Director or officer may r~i,gn at any time. Such
resignations shall be made in writing and shall take effect at t~~~$iIDe specified herein, or,
if no time be specified. at the timc of its receipt by the Pres~~for Secretary. The
acceptance of a resignation shall not be necessary to m~J.f't,ive, unless expressly
so provided in the resignation. .'r."~~':~1;
.: ;-~:\~~~":. ':~<:~':'~:0:: :
Section 5. Gender. References herein ~;~ masculine genderS~1l also reter to
the teminine in all appropriate cases, and vic~~a.:':"
\;.:.:.\~\, .
Section 6. Appropriations and Grants. The Cot#bration shall have the power
to request and accept anyappropria( grant, cont. . n, donation, or other form of
aid from the federal government, tlt', [Texas," litical subdivision, or
mumcipality in the State, or from an1~_h">',.."",..e.
~;~~; .'.e'~;~i<',
Section 7. Codeqf;~cs. Th~~e~'f~'.;~rporation shall be subject to
Chapter 2, Article V,~.t~a~fpfOrd""':'.';'ofthe Ci:t')(
";~"<'~;~'" . ~\;:~i\
ndemnification. Subject to the limitations and conditions
,{and the Articles, each person who was or is made a party or
arty to or is involved in any threatened, pending or completed
action, suit or pro. , whether civil, criminal, administrative, arbitrative or
investigative (herein~f{er a "proceeding"), or any appeal in such a proceeding or any
inquiry or investigation that could lead to such a proceeding, by reason ofthe fact that he
or she, or a person for whom he or she is the legal representative, is or was a Director or
officer of the Corporation or while a Director or officer of the Corporation is or was
serving at the request ofthe Corporation as a director, officer, partner, venturer,
proprietor, trustee, employee, agent or similar functionary of another foreign or domestic
corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or
other enterprise shall be indemnified by the Corporation to the fullest extent permitted by
the Texas Non-Profit Corporation Act or other applicable law. as the same exists or may
iquidation, dissolution, or winding up of
::;i~., ";:,, ARTICLE V
INDEM_iCA. OF DIRECTORS AND OFFICERS
6
FXHIRl'l r~
hcrC:ltter he amended (but. 111 the case of any such amendment. only to the extent that
such amendment permits the Coqxlration to provide broader indemnification [ights than
-,:"d "\ I'l"""llkd q!t ( (\rp(,,:1ti\)!, '(' pro\ldc prIor III stich amendment) against
ludglllcnts, penalties (includlll~ excIse and similar taxes and punitive damages), tines,
scttklllcnts and reas(1nahk C\IX'nse-.: (including without limitation. attorneys' tees)
adu,dly lIlCUITCd hy such persun III cnnnecliol1 with such proceeding, and indemnitication
ullllCl thiS Arllcle \.- shall cOllllllue as to a person who has ceased to serve in the capacity
II i IiI i lI1llla I h cl1tll k,t su~ h perSI'11 II I indemll ity hercunder. l'he rights granled pursuant
t, lh" "!'tick \' shall he dcelilcd ~\l[llraCl nghts. ,md \HI amcndment moditication or
rcpc:il oflhis Article V shall have the et1eet of limiting or denyil}iany such [ights with
respl'ct to action taken or proceedings arising prior to any sue .' 'endment, modification
or repeal. It is expressly acknowledged that the indemnific~'. provided in this Article
\ c(luld imo]vc indemnification tor negligence or undef~.;pfstrict liability.
,_'" ;:-:'~\::r?:' \.~~~~~~._:_,_,
Section 2. Advance Payment. The right~emnificatio\'
Ar1iclc V shall include the right to be paid in ad~ or reimbursed " Corporation
the reasonable expenses incurred by a perso , 'I, type entitled to be iri~ified under
SectIon] who was, is or is threatened to be"""-,/~ nam~ndant or r~~ent in a
proCl'cding in advance of the tinal disposition of~pro~ing and without any
determination as to the person's ulti... te entitlemen *demnification; provided,
however. that the payment of such " incurred ~~ such person in advance of
the tinal disposition of a proceeding,e only '~ delivery to the Corporation
of a written affirmation by such direct~r 0 . . or1it~ood faith beliefthat he
Of she has met the standaf4'9ff.;,<)nduct ri~ss~~: r . ,. itication under this Article V
and a written unde2~bYotitP behal'" "'h person, to repay all amounts so
advanced if it shalL.. "ately be_termin t such indemnified person is not entitled
to be indemnified~~ this Art,1J V or oth ise.
~:,~\
Sest.9~,J~, Ind" ion o. '. ees and Agents. The Corporation, by
adoptio.~'~n 0 ",.J3oard, may mdemnify and advance expenses to an
or agent of.~,Co ..,,~:, ,ion to the same extent and subject to the same
unde[ whicff~~~ay i' ,~::(;' ify and advance expenses to Directors and officers
under t.;.t\Iiicle V; and t$- COrpO'fation may indemnify and advance expenses to
persons whq,.,~e not or we~i-J10t Directors, officers, employees or agents of the
Corporationbl~t~ho are 91f'Were serving at the request of the Corporation as a director,
officer, partner,~""'':":\ prietor, trustee, employee, agent or similar functionary of
another foreign o~, 'tic corporation, partnership, joint venture, sole proprietorship,
trust. employee bene plan or other enterprise against any liability asserted against him
or her and incurred by him or her in such a capacity or arising out of his or her status as
such a person to the same extent that it may indemnify and advance expenses to Directors
under this Article V.
Section 4. Appearance as a Witness. Notwithstanding any other provision of
this Article V. the Corporation may payor reimburse expenses incurred by a Director or
otlicer in connection with his or her appearance as a witness or other participation in a
FXHlRlT R
proceeding involvmg the ('orporation or its husmess at a time when he or she is not a
named defendant or respondent in the proceeding.
Section 5. Non-~xclusivity of Rights. The right to indemnitication and the
adv<IIH:ement and payment otcxpcnses contcrrcd m this Article V shall not be cxclusive
01 allY other right which a DIrector or onicer or other person Il1demnitied pursuant to
Section 3 of this ArtIcle V may have or hereat1er acquire under any law (common or
statutory}. pIPvision orthc Artlcks (lr these Bvla\vs. agreement, vole of disinterested
Dlredors or otherwise.
Section 6. Insurance. The <. 'orporation may purchasq,~ maintain insurance, at
its expense. to protect itsclf and any pcrson who is or was s, '<"C"g as a Director, officer,
employee or agent of the Corporation or is or was servi uest of the
Corporation as a Director, officer, partner, venturer, p'''. 0, <...c.e, employee, agent
or similar functionary of another foreign or dom~~,,::,-~' rporation, ~rship, joint
venture, proprietorship. employee benefit plan,~br other enterprise~inst any
expense, liability or loss, whether the Corpo~_would have the poweiii.~-jJJ,demnify
such person against such expense, liability oi'~,under t~icle V. '"
.- ,.- - ..
Section 7. Notification.. ,.~demnificat~f or advance of expenses to a
Director or officer in accordance w ,,'~: _'_", ide V s~e reported in writing to the
memhers of the Bo~r~ with or befont\0,;\""'~"~""" 'th.e n~~~~l~ meeting of the Board
and, m any case, wlthm the 12-month ~od ~ly ~mg the date of the
indemnification or adva~i'\':>"""" ':~~;"'~"
Section 8. ,
invalidated on any
indemnifie
attome
actiq,
fulle .
been in
.;~~s~
ARTICLE VI
AMENDMENTS
A proposal to amend, or repeal these Bylaws shall be made by the
affimlative vote of a majority of all Board members then holding office at any meeting.
Any proposed change or amendment to the Bylaws, however, must be approved by the
City Council by resolution to be effective. Alternatively, at any time, the City Council
may alter, amend, or repeal these Bylaws by resolution at its own initiative, without a
proposal from the Board.
I.(
'"
'"
cu
-
!
i
a-
cu
eft
fa
C
fa
2:
1jeft
cu c
<<n .~ ~
eo-
a- ::I
cu a. V)
1;; I C
>-U) 0
U)....u
c 2: a.
Oa-!
.- cu U)
1;: aI ~
e ~ '"
a- ra w
~2:Z
c...,1 ~
.... · - ..., fa
'l-Cc...
O::>>ra...,
a- V) ~ ra
OV)::I>-
1j cu V) '"
'" c c w
'1'.- 0 C
- V) a-
.- ::I U 0
Om.....,
.. c...,
CU"oce
~~V)..
UOI,,;>-
<<n.t: u cu ra
a-CUU)"a~
CU~"aC'"
..., cu a- ce >-
5j,:; :! Iii E
!R=o'_E
W eft cu a- ._
to...m..,
~
D'
C
.- 1:1
-ac
RIRI
CU.Q
D::-a
"RI
cue
~Ia
~
i
...,
RI
E
o
...,
::I
cc
T"""1
1-
ro
QJ 0
>- -I-J
C
-I-J -0 0
::J C .-
-I-J
0 .c CO CO
<<ft .c L-
1:J eu -I-J 1:J a
- e co c..
.- ~
::J Q) a L-
eo E L- a ~
" eo u L-
.. >- a
Q c a c co ~
C fa - a OJ -I-J
1- .a c.. -I-J Q)
" " QJ Q) co e
fa 0 N OJ
fa .- Q)
eu - L-
0 "'0 co U ..c
~ ... C -I-J -I-J
.-
I:a co c.. ..
... c OJ
~ S co -I-J
b- e U fa co
D en - L-
eu I- .- .. A. Q)
- U')
@ J: eu QJ C ..., c..
" 0 fa C a
~o-~ -a - U')
1- A. Q) cu "'0
cu LL. .- E c
@ .. -I-J
... <<ft ~ <<ft -- co
fa <<ft ... <<ft C cu
[~ E eu 0 ell ::J Q Q)
- ! c 1: fa cn
0 ell 1- 0 C co
... LJ") ... ~ c.. c
CfiJ ~ l- eu ~ fa co
\.I- ~ c.
23 cC 0 Z ~ a ~ E
.
\~ . . .
~ t{l"{:
~
(~/2) ::!' -;;
~~" ~II(.'~
eu
-a u
0 1-
.!
I-
I..
(U
CL en "C
... l-
I.. CU In ~
ta ..., N
(U CU 'I- ~
>- E 0 e ~
.... eft .c 0 ta
In 0 ..., c
.- en ::I
I.. ta
I.. 0 ta U) e
(U CL . I.
> 0 CU E c cu fa
..... >- fa 1; ~
0 ~
+ ta P-\ E e
..., .. U
::I ta e eft 0
eft (U en 0
0 C I.. en c e
ta (U en 1- 0
-a .- I.
'a e a- 0 .-
- 1< cu ...,
I- ta U
::I CD 1j ta
.c CD (U I- ............ -
l- ta eft -
e E fa
(U >- ~ c ...,
1-
'a - -a 'a > (I)
1- ..., CD fa I- e
~ e .... u CD cu l-
eu u a- u
I >- 1- (U ~ 1::
I- CU -
V"] a- 1-= - .Q " fa
::I fa CD ::I l-
I- ....
C / U U'a U) A. 0 . U)
\ c/'
___J
~~ . . . . . .
l~ntl
/./1
/"""' .
r
/:] ! ~ ~h,~
-,-,~
c----l
'~'\
E~
(~
~@
'> '----J
~//___J
[J D
[~
~
//--J
[ <:J ['
'-I
'--_J
'~
~
2
!l,
~
~r
-.,~::,
,,\:t[ ~
..
.J
([
Z
--
u.
to
-2.
r-
........
G'
.f.
.~~. ~~~f'
..~
.;..-- ~
.'
,:-~-,.
1,
..,
<J~
',~
.'
..>-'Jf~
~' \1.
:;j;!".~"a
'~.,.)..~
-..(i,.... ,', .
":
iF.'
,',p"
:""4;
; '(~"
t' .-........
K ..- ',,_,
</,., ,
':_"ft--
~t -it.t~~~{
,1l.:,' , .. " "
~,.~ - .. "-,
," '/' q 1~,.}. , ".:'),'
"., ,,)~/~,... ,'/~r',
,_: -.. --;-_.. '. ~i~ 'is';~._i __'
h~/,il,',..... ~."",j
. . /~y ", -'" ::/7'<:' "
.-,'....W I" ::rj)"/~~" ,
: ~ .~"~i~ _~ ,_. I'i""'~~_./ ~~:-:-'
~
'i">.I
1.
T",~..l,-
M:t
:-'r~)~t::"
.~. .:.!
~, ').'
~...
I
.,
n
i1ltl~~
'J:' ~h':!
\D
A. 0
0
W N
c(
In ....
.. eu U)
U) U ~
eu 1- "'Q 0\
u >
a.. ~
l- eu rtt
> -a N C
~ eu
... -a 0 ~ >-
0 eu 0 .Q
! rtt Ia -a
U ~
Ia , eu
eu .... c
- ...,
e a. at Ia eu
~ -
\t- O e a.
0 ..., I- e
U) > 0 E
e I-
e 0\ eu 0
at oe U e U
1- 0
(I) .- .- eu cu
...,-a .-
eu ... ..., .Q
-a lac -a Ia
Ucu - 0
-a .2 a. c -
J! ...,
eu Ia ...,
..., -a- -a (I) ~
cu cula C
ti~ cu 0
- I-
e. ....
E cuI. ~ ~ "
-a -
_c. J! .-
D[~ 0 cu c. ... ~
[' U (/) Ia 0 (/) m
' 'I
_~I_ L]
. . . . .
DC]
[-- 'C
[~ '1I"l~
,.. ~
. .----> 'J: ~'l :~
[_/-
,\.JL_'')
~..-
~
L"------J
@
(-;::=J
'>~.
~'~
r:::;:-------
C----L.J
~-3')
~--/
C--r
~
't_CJ~
(01))
~,'
, ----.
[ C==::JI
______J
o C=----:J
r~
01 1
c---
C~
:::::=- J
[----
i'J.'C+,
~<
""
"'1\,
u
c
m
:J'
'lr:,
Uj
-'
a.
I-
o
()
~
i c
~
o
0..
:::>
c
~
o -.;t1.{)L.()
...... N
C .,
~ .s:: rn
o () Q) .. ..
om=~~
~CO~Q)Q)
.....:;:;~OO
Cllrnm-c
c: 'C :J .!!:! -
o J:: o-:t= =
NOU)Ei.L
Q)
l-
V
m
0.
~
::t:
:JCOOO
as ('') CO '<T
0J
rn
(
I ,--
rr"""'"
If'.. '. '
rlt~
..'~!<"-
----'?- .."..
1m
t'LI
q
/~
,.J II'
- -'~------
.........
~ooo
.- I.{) CD .....
$.. N
rn rn
Q) Q)
3::=enrn
-~Q)a;
N~OO
(1)CO-C
c: :J.!!:!-
o o-:!::: =
Nu)CU::
-~
,
LIt -.__.".,,,1 ,::.J)
..... ,~:;:lj'"
!,-:
"
. "':
dl
L~
C'
I ~~~, "'.
! ~'It, <'''-..
. .., "")
is "",
;'1
.........
Q)
"'QI.{)OO
.- I.{) 0 0
rn NI.{)
J:: ..
- en
:J CI)
~=~..!!!
-~Q)Q)
C")~()()
Q)CO-C
c: :J .!!:! -
o o-:!::: =
NU)Cii:
;':'
;~,
:w
:c.
'\lJ
'-
. ..
'".~."
(~". . U
t1l."""....'......II~. ~..-
::Ii ....!l.
~ 'L . fl r~
~:s ,~
@
~
[-~
(~;L_
l_____J
(Vi)
!?!1J
(~
","_""c'
rJ
t~
o r:=J
r!iJ
23
--v-\
[~l 0 I
..
U)
CU
-a
~
-
U
C
....
U)
cu
u
.-
..J" ~
>cu
<CU)
"'~
':'::c
"'cu
J!l ~f'
c u cu
eu = E
E .aw
eu ::I....
> A.~
o I~
... cu ra
a. ~ (I)
E 0 U
.... ~ =
_ ....a
fa 0 ::I
5 ~~
.- cu '"
..... _ c
fa .- 0
... .a ._
eu O1j
a. Ecu
o ~ ~i
~ .- c
a- c( u....
.-
u · ·
.
~
.-
...
o
.c
...,
::I
CC
C
o
U) .-
eu ...,
.0 ~
C 0
GI", Q.
Q tj '"
~ .- ~ 5
~ ... .- '"
uU5.: U)
= .- .c _ '" CU
.Qc~ ran; .!!
~ - ." C..., .."
A. 8 :: .2.0. CU
.c ... eft '" .....
- OcuO fa
13~o.~:E: >
o .~
... · · · · A.
.
.
11JIIH
~ ~t!L,.
(?jflJ
(91D
r!iiJ
(/~
\_J !-'l
-..--,---/
(~)
c;:
[~
!J 1- --J
b
I~'-l
I. ________,.-..J
en
...
CU
-a
.-
>
o
...
~
CIJ A.
.~ D. ....
~~~
CU
U) · ·
.
en
...
CU
-a
.-
> U)
o GJ
...
~ SI
c ~
o 1- U)
._ U) _
...,:::1 8
ftI.a
u- .,
.- fa >-
-u .,
a. 0 l-
a.- >
c(~ ~
cu2 :::I
u ., ~-a
",CcO
cu e 1- a
e"-c
cu ~ GJ
Ea-mu
oS.1E
uU)wO
I
W · · ·
.
~
u
en=
... u
CIJ ~
V) GJ
.- Q.
~>
cu fa
>11.
-a
c( ·
.
~1I/.lIl~
I .... . J
~ ~II J
(I)
... U)
cu ~
-aGJ
.- C
>
0-0
... GJ
~...,
ta
..., l!:l
C-c
cu c
...,>-
CU)
o
U ·
.
C
fa
-
0-
....,
C
CD
> E
0\
eu CD
...., 0\
l!! fa
C
... fa
U) U)
:E 1-
.....-... U)
U) - c " >
l- eu c -
U) fa ftS
L__--...-J > -g - ftS C
DC] - 0- U) CC
G~ ftS :E
c 0\ C -
CC U) c 0 ftS
< n-'l U) I- I- 1-
\~ ... ... U
(~ ...., CU CU fa C
CU C .:.= .. ftS
.:.= .- ~ CU C
(~ ~ U) fa CL
. L_ I fa :I 1-
:E 0 LI.
_ -- ...-....---..! J: Ia
f! . . .
'rc=l . .
~
C=:J
r~L
~rI"'. .........'.._....r'l]
J- .' 1
:I .:Ii
~ ~'! .}
c
0 -a
.-
.... CD
fa ....
a.. C
0
fa
Q. a..
a.. ~ (I)
0
c
.-- --1 U CD b- 0
' .----J a..
~L- fa CD .-
_.=J ::::J .- ....
a..
~ CD (I) t; 0 fa
.... 0 .c I-
[---1 fa Q. ::::J ..., GI
~'S ! l- I. ~ a.
~ ..., C 0
U D. <<n
[.-===-I . . .
L~ . .
eg
-~
(C))
'- .~----^---,,/
'1] ....."lj
,. . ...... H
~ ~II~J
(Vi)
~
(O!)
\:SLS)
~'
(7fD\
,_JL)
Jl-5'1
';~
~
@)
[=-J
/'//'
" . "j
L__---1
........--.
~
fa
::s
C
fa
,.,
0'
C
.-
...
::s
-a
-
fa
>
o ..
......
Q.~
Q.
tau:>>
-0
.- 0
~N
:J~
Ota
U::::I
~...
CU.c
CUCU
~LL.
-0
C
fa
V)
CU
-
U
.-
~
fa
V)
....
.-
.....
C
o
.-
...,
ta
...
o
Q.
...
o
U
ta
"-
o
c
0(1)
~~
tata
CU-
...>
U.a
.
C
ta
-
Q.
(I)
(I)
CU
C
.-
V)
:s
~
.
c
o
.-
....
fa
...
o
Q.
...
o
u
.c
...,
.-
~
~
fa
...
...,
c::
o
u
.
t"dll}i
~~IG
t\..
U)
c
o
.
...,
U)
cu
:::I
0'
t1J"lt
~ ~'n,}
18
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Presentation of 1 st Quarter FY 2005-2006 Budget!
Performance Report.
STAFF PRESENTER(S):
Name Title/Position Department
1. Oscar Martinez Assistant City Manager - Administrative Services
2. Eddie Houlihan Assistant Budget Director
ISSUE: The 1 st Quarter Report for the period ended October 31, 2005 has been
completed and distributed to the City Council on January 6, 2006. The report is
now formally presented for Council Review.
REQUIRED COUNCIL ACTION: No formal action is required.
4d[~
Eddie Houlihan
Assistant Budget Director
Power Point Presentation X
Exhibits
19
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: January 10. 2006
AGENDA ITEM: A resolution reaffirming financial policies adopted by Resolution No.
023319. providing policies for maintenance of the General Fund balance at an
adequate level and providing policy direction on preparation of the FY 06-07 Budget.
ISSUE: Annually, City Council adopts a resolution providing direction on financial
policies and the preparation of the annual budget. The Council set financial policies
and planning as one of its strategic issues for the term. During a workshop on this
issue held on November 1, 2005, Council discussed various issues related to the City's
future financial performance and asked that the policies be redrafted with a number of
changes/new initiatives. This draft is responsive to that request. The major changes
include:
1) Fund balance policy is set at 10 percent. Amounts in excess of that can be used
for one-time expenditures on capital and equipment which reduce the need for
future debt.
2) Property tax for operations is set at the "effective rate" (with an exemption for the
Packery Channel TIF).
3) Sets a priority on public safety (Police, Fire and EMS) and infrastructure
maintenance with an admonition that service levels should not be decreased in
other areas.
CONCLUSION AND RECOMMENDATION: The resolution reflects Council direction at
the workshop on November 1, 2005. Staff recommends approval.
O/k/o. 71- A~
Oscar R. Martinez ~
Assistant City Manager
Attachments: Resolution
RESOLUTION
REAFFIRMING FINANCIAL POLICIES ADOPTED BY RESOLUTION
NO. 023319, PROVIDING POLICIES FOR MAINTENANCE OF THE
GENERAL FUND BALANCE AT AN ADEQUATE LEVEL, AND
PROVIDING POLICY DIRECTION ON PREPARATION OF THE FY 06-
07 BUDGET
WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its
Mission Statement:
"The City of Corpus Christi is dedicated to delivering responsive services
that address our diverse community's needs and enhance the quality of
life in our All-America City. We will accomplish this through fiscal
discipline, continuous improvement, straight-forward communications,
wise stewardship of resources and excellent customer service."; and
WHEREAS, financial resources are budgeted to fulfill this commitment; and
WHEREAS, it has been the City's goal to rebuild the General Fund balance to
acceptable levels, a goal which was expressly stated in past policies with targets for
accomplishing that goal; and
WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution
No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965,
modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new
Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy
in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by
Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No.
024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863;
reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the
Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial
Policy in May 2005 by Resolution No. 126265; and
WHEREAS, as a result of those policies, the City has achieved its goal for the General
Fund balance and desires now to articulate a strategy to maintain that balance and to
utilize any surplus balances to provide for enhanced financial stability in future years;
and
WHEREAS, this policy provides an essential guide to direct financial planning and to
maintain and strengthen the City's bond rating; and
WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt
new/modified policy annually in conjunction with preparation of the budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
Budget Policy Res Redraft_1
2
SECTION 1. Development/Effective Date of Financial Policy. This Financial Policy
reaffirms and amends the financial policies adopted by each year by the City Council
since 1997, This Financial Policy is made part of the City Comprehensive Policy
Manual The City Manager is directed to prepare the FY2006-07 proposed budget in
accordance with this policy, The City Council is prepared to make expenditure
reductions that may be necessary to comply with this policy,
SECTION 2. Current Revenues Equal/Exceed Current Expenditures. Current
General Fund operating revenues will equal or exceed current budgeted expenditures.
SECTION 3. Fund Balance ReservelWorking Capital. To ensure that current and
future services or operations are not severely impacted by any economic slowdowns,
emergencies, natural disasters or other unforeseen circumstances, adequate financial
resources will be set aside in the General Fund unreserved fund balance. Accordingly it
is the goal of the City Council to maintain a reserve in the General Fund unreserved
fund balance which totals at least ten (10%) percent of total annual General Fund
appropriations. The City Manager shall report on the status of compliance with this ten
(10%) percent policy at least annually as part of the budget process. Undesignated
fund balance in excess of the 10 percent policy requirement may be recommended for
expenditure on one-time improvements, with a priority on infrastructure and equipment
which will reduce the need for future debt. Such expenditures shall be subject to the
normal appropriations and expenditure approval process applicable to all other funds.
Finally, it is noted that extraordinary situations may arise in which the timing of external
actions out of the City's control may require the use of the funds in the reserve. The
City Manager shall note these situations to the City Council as soon as the information
is known.
SECTION 4. Property Tax Rate for Operations and Maintenance. The Proposed
Budget for FY 06-07 shall be prepared assuming that the City will maintain the "effective
tax rate" for maintenance and operations. That is the rate which only generates new
revenue from new growth/improvements added to the roll and not from any change in
value due to changes in value. Funding requirements for Reinvestment Zone No.2
(packery Channel) are specifically exempted from this policy.
SECTION 5. Priority of City Services. The City Council recognizes the need to
provide public services which support the continued growth of the local economy and
personal income growth to insure an adequate financial base for the future. Priority for
funding in the coming five years (FY 07- FY11) should be on improvements in public
safety services (Police, Fire and EMS) consistent with strategic plans for those services
and for infrastructure maintenance and repair. Every effort should be made to provide
for such improvements without reducing current services in other areas.
SECTION 6. Operating Contingencies. The City Manager is directed to budget at
least $200,000 per year as an operating contingency as part of General Fund
Budget Policy Res Redraft,doc
3
expenditures in order to further insulate the General Fund unreserved fund balance
from unforeseen circumstances. The City Manager is directed to budget similar
operating contingencies as expenditures in enterprise and special revenue funds of the
City.
SECTION 7. Multi-Year Financial Forecasting. The City will maintain a five-year
financial plan for the General Fund to anticipate potential budget imbalances and
unfavorable revenue or expenditure trends, thus allowing for the identification of
budgetary gaps long before they develop into fiscal crises. The City shall also maintain
business plans and/or rate models for enterprise operations.
SECTION 8. Revenue Enhancement. The City shall attempt to pursue and maintain a
diversified and stable revenue stream for the General Fund in order to shetter finances
from short term fluctuations in anyone revenue source.
SECTION 9. Quarterly Financial Reporting and Monitoring. The City Manager shall
provide interim financial performance reports and updates to the City Council on a
quarterly basis. These interim reports must include detailed year to date revenue and
expenditure estimates, as well as explanations for major variances to budget. The
format of the quarterly report must be relatively consistent with the adopted budget.
SECTION 10. Use of Nonrecurring Revenue. The City shall endeavor to use
nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may
include items such as sale of fixed assets, court settlements, or revenue collection
windfalls.
SECTION 11. Debt Affordability Reviews/Disclosure Practices. The City Manager
shall maintain strong debt management practices as evidenced by types and methods
of financing approved by the City Council. Debt affordability reviews will consider
overall exposure between invested assets and external debt issuance. Debt disclosure
will include measures beyond the standard audited financial statements and
publications. These measures must incorporate disclosure of material events impacting
the financial status of the City. Additional financial report disclosures will go beyond
GASB 34 requirements and may include supplementary information sections and data
on demographics and other key statistics.
SECTION 12. Debt Service Fund Balance. In order to provide additional financial
security, the General Obligation Debt Service Fund will maintain an acceptable level of
fund balance to cover a substantial portion of the subsequent year principal and interest
debt obligation.
SECTION 13. Debt Retirement Practices. The City shall not issue debt for a term
that exceeds the useful life of the asset or project being financed. In assessing the
desirability to refund existing debt, the City shall use a benchmark of at least three
percent (3 %) net present value savings. The City shall not refund debt for a period
beyond original maturity dates.
Budget Policy Res Redraft.doc
4
SECTION 14. Capital Improvement Plans/Funding. As part of the annual capital
budget process, the City shall update its short and long range capital improvement
plans. For the three-year short term plan, projects include any projected incremental
operating costs for programmed facilities. The long range plan extends for an additional
seven years, for a complete plan that includes ten years. Short-term plan projects must
be fully funded, with corresponding resources identified. As part of a concerted effort to
reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go
capital funding where possible.
ATTEST:
THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: January 5, 2006.
X!~~
Lisa Aguilar 'v
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
Budget Policy Res Redraft,doc
Corpus Christi, Texas
day of
,2006
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
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
20
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 01/10/06
AGENDA ITEM: Amending the Corpus Christi Code of Ordinances, Chapter 57, Vehicles for
Hire, Section 57-254, Maximum Auto Wrecker Service and Storage fees, providing for fee
increases, changing the term "preservation fee- to "impoundment fee- and using "longer than 25
feet- as a trigger to charge large vehicle daily storage fees; all changes of which conform to
controlling state law; providing for severability; providing for publication; and providing for
penalties.
ISSUE: Local Wrecker companies requested modifications in the local ordinance.
BACKGROUND: State law governing the fees was modified September 1, 2005 and the local
companies requested a review of local ordinance as well as a rate study of other cities fees. The
rate study was conducted by the Police Department and the fee increases requested by the
wrecker companies were reasonable based on other cities. The survey is attached.
The changes in the ordinance are as follows:
1. Change the term "preservation fee" found at Sec. 57-254(d)4. to the term "impoundment
fee." Strike all fee requirements found at that subsection and replace them with "for any
action that is taken by, or at the direction of, the owner or operator of the facility and is
necessary to preserve, protect, or service a vehicle stored or parked at the facility."
Reason: "preservation fee" is an obsolete term.
2. Change the trigger for storage fees from "capacity less than one ton" and "capacity of one
ton or more according to manufacturer's rating" to "not longer than 25 feet" and "longer
than 25 feet."
Reason: the fee is for storage space, not weight. Also, it is far easier to enforce a
length trigger than a weight trigger. Finally, state law uses the "25 foot" trigger.
3. Approve all requested fee increases listed below:
a. Nonconsent tow fee - $90 (a $15 increase)
b. Impoundment fee - $20 (a $10 increase)
c. Notification fee - $50 (a $18 increase)
d. Daily storage fee - $20 < 25 feet, $35 > 25 feet
Reason: CCPO's survey condudes that Corpus Christi non-consent towing fees and
storage fees are categorically lower than nearly every city surveyed.
REQUIRED COUNCIL ACTION: Approval is necessary to enact the changes in the ordinance.
CONCLUSION AND RECOMMENDATION: Staff recommends accepting the ordinance
changes
4
1 ~.~~ng
Acting Chief of
Attachments:
. Ordinance
. Survey
-
-
~---
C'I)
w
t=
U
a
I!!
a:
w
~
o
(I)
w
i-
t-
Z
i
:)
o
[ I
- '-t- c--
-- -i- -
III
I~
III
~
!I
IJ
I
~i
ml
-I
Q)!
:~
J
1
~
!
I
lD
li
1;;
lD
"0
;;
lD-
> 0 II)
... c CD
o >-
.......a
o E lD
li....~
_ 0 II
g.! I
lD _ .
~ c..... ~
._OlDm
~ >-S -
lD~O>-
11)- ~
u>-
....!!cv
~ CDlD
i &lD~
~l!~,g
SoCD-
<(_.c::J
II) u m
I
CP
li
-
II)
--f------ --,
N
I ~
~ ~I
lD a;!'
- -
_____~ __ ,_~l___
--.-.-- -t=",
. I
-
c
o
~
lD
~!
""'0.
!:' !!
li ~.!!
=- 1;; ________~
Ji
CLI
=1
I'
z:.
i
c:
e
I
~
o
o
cO
N
C
m
.c
-
III
~
"5
.0
~~
:8.8.
lDOU>
-.....N
l5 c c
.CDlD
o.cz:.
0;;
0......
- 0 0
~EE
I , I
i
gOO
\1)\1)
..........N
..,....,.. ..,..
o~...
en....!
I 1: ~
lIlulD.c
~~~o
~.5g~
::J lD 0 S .
.o.!ClD~
~m~goo
~II)~"
~lDrl'Ec
~ ~=a g ,g ~
al.cQ.~~ 1)
_Ual I _..a
OlllDC OV
....c.c- olD
0_- c: c: 0-
-.-....Om =o~
~ :2ii.=.!!.....!!
g.~J~; 0 i.!
oOE!il~SIii
....c::JGll-o!C
Gl<<lEliGloo.2
~n')(w= oE:tj
O-E- ........- 1"'0
G) E~O 'C')<<I
.c E lD li C') \I) (J) I
1-8slI)(1)a~1I)
I
I
I
I
I
I
,
~
.!!
Gl
-
<<I
-
II)
10-
Nil)
N
c: C
<<I <<I
S.c
-
II) ...
Il~
;;.
II) a
00
.....C')
..,....
II)
.....
..,..
~
.!!
lD
-
<<I
1;)
~
..!!
Gl
1ii
1;)
~
o
o
cO
N
c:
<<I
.c
-
III
~ ~
"5 I ~
.0 CD
~ III
~~ 8~ ~s
00. III 0.0. I/l O. CD
0_~;~~1~~
~c-;:c:c-;:c=
. 0 CD . 0 lD .-
is_S=:lS:
.clDOGlGlOlD-
-;o8oooof!
IEoEEoE1<
_ I ~ . I"" I CD
'g'oo'o'
\I) \1)11)\1)0\1)11)
l"'-N(J).....C')l"'-(II)N
..,....,....,..........,....,..
--- f-----" --.-.-~.-- ---.
,
,
I~
I '
:
Ii I
i
g
'i:
<<I
E
c(
I
'i:
c(
c
i
=
c(
i
'i:
z:.
o
.
~
...
o
o
J
Ii
Q
a
..
~
iij
I
:
!
I
Gl
j
10
_ N
II)c
Nm
cz:.
.-
.c ...
_ Gl
1111
la
11)0
.....(11)
..,....,..
I
Gl
1ii
1ii
~
.!!
Gl
S
III
I
Gl
ii
1;)
~
..!!
Gl
1ii
1;)
~
o
o
6
.....
C
m
.c
-
!
o b
E ·
I i
I E S
I ::J ...
E ...
'c .!!
E "$
11)... ..a
~~ b
....c - N
ON ~i
~l CSb
o' CD 'I;t
oS!'"
o~~=OE~
.....0 Gl 0
· E lD - , ,
II) co (J) 0> I' \I) 0
(II) (11)0 NO
..... .....N... .....(11)
.. ....,.. 0 ....
z:.
~
~
~
o
u..
c
i
=
o
::E:
~
.!!
Gl
-
..
1;)
10
_ N
\l)c
N.
c.c
<<1-
.c'"
_Gl
1111
la
0\1)
NC')
....,..
I
Gl
-
CD
1;)
~
..!!
Gl
-
m
-
II)
i
Gl
-
m
1
...
o
-
II)
C
o
'ii
'>
:s
.Q
::J
..
o
c
f
c(
c
..
rn
II)
e
.....
-
(J)
~
~
Gl
o
II)
..,..
o
o
ci
N
..
ft
E
'&
j
Iii
I
..J
.
;;
8 8
ci u;
N C')
.. ..
8
ci
II)
..,..
o
o
ci
N
..,..
o
o
ci
(J)
..,..
C
i .e
::J .....
~ i
; :
~ .I
~
::J
U
en
~
t.ri
o
o
N
en
W
W
LL
a::
W
~
(,)
W
~
C
o
-
.....
....
Gl
~
8
o
~
~
.....
ORDINANCE
AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 57,
VEHICLES FOR HIRE, SECTION 57 -254, MAXIMUM AUTO WRECKER
SERVICE AND STORAGE FEES, PROVIDING FOR FEE INCREASES,
CHANGING THE TERM "PRESERVATION FEE" TO "IMPOUNDMENT FEE"
AND USING "LONGER THAN 25 FEET" AS A TRIGGER TO CHARGE
LARGE VEHICLE DAILY STORAGE FEES; ALL CHANGES OF WHICH
CONFORM TO CONTROLLING STATE LAW; AND PROVIDING FOR
SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR
PENAL TIES.
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 57-254, Maximum auto wrecker service and storage fees, is
hereby amended as follows:
Sec. 57-254. Maximum auto wrecker service and storage fees.
The following towing fees shall be paid by the person reclaiming the towed
vehicle:
(a) Police-initiated nonconsent rotation list tow fees will be paid to the city at
the city vehicle impound lot.
(b) All other fees will be paid to the auto wrecker company according to that
company's policy.
(c) If a vehicle owner or operator has paid all applicable parking fees and
charges and requests the release of a vehicle after an auto wrecker has
arrived at the scene and started physically attaching the vehicle to the
auto wrecker, and before the vehicle has been towed from the location,
the auto wrecker owner or driver shall release the vehicle upon payment
of a drop fee.
(d) Maximum towing, storage and administrative fees.
1. All permitted wreckers other than rotation list category B wreckers:
a. Normal rotation list non-consent tow (includes double hook
up) . . . $ 75.00 J 90.00
b. Private property impound. . . 85.00
c. Drop fee . . . 50.00
d. Tire change rather than use dollies:
i. One tire. . . 15.00
ii. Two tires. . . 20.00
Required use of dollies, go-jacks or skates. . .30.00
e. Additional labor such as winching for removal from a ditch or
water, righting an overturned vehicle or for similar unusual
circumstances (all inclusive) . . .30.00
f. Total maximum towing fee including the use of dollies and
additional labor, but excluding additional time at the scene
and unusual distance
Rotation list tow. . . 135.00
Private property impound tow. . .145.00
g. Additional fee for each half-hour or portion thereof at the
scene in excess of one-half hour not caused by delay on the
part of the permit holder, per 30 minutes. . . 15.00
h. Unusual distance charge:
i. Additional fee for a tow originating from the area
within city limits west of Callicoate Road to US 77 . . .
5.00
ii. Additional fee for a tow originating from US 77/1H 37
and from the area within city limits west of US 77/IH
37 . . . 15.00
iii. Additional fee for a tow originating from the area
within city limits east of the JFK Causeway to Fish
Pass. . .5.00
iv. Additional fee for a tow originating from the area
within city limits north of Fish Pass to Port Aransas
city limits. . . 15.00
J. Cleanup only, no tow required. . .35.00
2. Category B auto wreckers:
a. Normal nonconsent tow (includes double hookup). . .200.00
b. Additional labor such as winching for removal from ditch or
water, righting an overtumed vehicle, pulling an axle or for
similar unusual circumstances (all inclusive) per 15 minutes.
..20.00
c. Additional fee for each half-hour or portion thereof at the
scene in excess of one-half hour not caused by delay on the
part of the permit holder, per hour. . .50.00
d. Working time, per hour. . . 200.00
3. Daily storage fees: Storage for all or part of the first 24 hours, and
for each subsequent 24-hour period or part thereof:
a. Recovered stolen vehicles. . .5.00
b. Vehicles with rated oapaaty less than one (1) ton aOO9Fding
to manufacturer's rating (including but not limited to
passenger oars, vans and pickup trucks '.'lith a capacity of
less thon one (1) ton) not lonaer than 25 feet . . . 15.00
c. Vehicles wUh rated oapaoity of one (1) ton or more according
to manufacturer's rating lonaer than 25 feet . . . 4&:00 30.00
4. Preservation Imooundment fee for co'l8ring brokenJiooperable
vAndows \'lith plastioltape, or similar actions. Can be charged only if
actually performed; per yAndow covered charge or use of a
tarpaulin for vehicle cover; maximum any action that is taken by or
at the direction of the owner or operator of the facility and is
necessary to preserve. protect. or service a vehicle stored or
parked at the facility . . . .w,.gg 20.00
5. Notification fees for: Vehicle registration research, certified letters,
newspaper advertisements and preparation necessary to inform the
last registered owner and lien holder(s). Can be charged only if
actually performed. . .32-:00 50.00
(e) Multiple vehicles.
1. VVhen a vehicle and trailer are both towed by one auto wrecker,
only one (1) towing fee shall be paid to the owner. If the vehicle and
trailer are too large or too heavily loaded to be safely towed by a
single wrecker, another wrecker may be used and an additional fee
charged.
2. When more than one (1) vehicle is transported by one (1) auto
wrecker, e.g., motorcycles or parts of vehicles, only one (1) towing
fee shall be paid to owner.
(f) Invoices.
1. Each customer invoice shall include the owner's company name,
business address and phone number, permit number, name of the
auto wrecker who performed the specific assignment being
invoiced, date and time of assignment, date and time assignment
completed (i.e., delivery of the vehicle), hours when vehicles can be
reclaimed, and an itemized statement of charges. A fee schedule
listing the maximum towing, storage, etc. fees shall be attached to
each consent tow invoice.
2. The city shall provide each owner with the basic fee schedule
copies to attach to the consent tow customer invoices. Failure to
attach the fee schedule shall be grounds for revocation or
suspension of owner's permit, unless the vehicle owner or agent
consents to the omission.
3. Each owner has one (1) or more auto wreckers permitted to him
under an auto wrecker permit number. Only service provided by an
auto wrecker permitted under an auto wrecker or rotation list permit
number shall be invoiced by the owner, his agent or employee to
that permit; service provided under any other permit number than
the permit number under which it is billed is in violation of this
ordinance and shall be grounds for revocation of the permit.
4. Each owner shall invoice the police department for nonconsent
(impound) tows, which shall include an itemized statement of
charges and an explanation of all charges above the normal towing
only fee.
5. The chief of police will review each invoice and either approve or
reject charges for services rendered.
(Ord. No. 20235, ~ 1, 3-8-1988; Ord. No. 21713, ~ 1, 7-27-1993; Ord. No. 21834,
~ 1, 12-21-1993; Ord. No. 22296, ~ 4,7-25-1995; Ord. No. 25119, ~ 24, 11-19-
2002)
SECTION 2. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance shall be held invalid or
unconstitutional by final judgment of a oourt of competent jurisdiction, it shall not
affect any other section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance for it is the definite intent of this City Council that every
section, paragraph, subdivision, clause, phrase, word or provision hereof be
given full force and effect for its purpose.
SECTION 3. Publication 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 6. Violation of this ordinance is an offense, punishable as provided in
section 1-6 of the City Code of Ordinances.
That the foregoing ordinance was read for the first time and passed to Its
second reading on this the _ Day of . 2006, by the following
vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
Melody Cooper
Bill Kelly
Jesse Noyola
Jerry Garcia
Mark Scott
John Edward Marez
That the foregoing ordinance was read for the second time and passed
finally on this the Day of . 2006, by the following vote:
Henry Garrett
Rex A. Kinnison
Brent Chesney
Melody Cooper
Bill Kelly
Jesse Noyola
Jeny Garcia
Mark Scott
John Edward Marez
PASSED AND APPROVED this the
Day of
. 2006.
ATTEST:
THE CITY OF CORPUS CHRISTI
Henry Garrett, Mayor
Armando Chapa, City Secretary
Legal Form Approved ~ -;}.,J -:2005;
fi-:>---:'
Randy {( Stoneroad
Assistant City Attorney